Faculty Activities

left to right Bruce Ackerman Anne L. Alstott Ian Ayres Jack M. Balkin Robert A. Burt

Bruce Ackerman Mobilizing Heterosexual Support for Gay August 18, 2004, at 52 (with B. Nalebuff); Appointments Rights”and “A Separate Crime of Reckless Dialing for Thieves, Forbes, April 19, 2004, Board of Trustees, Center for American Sex”; UMKC Law School, “Reckless Sex”; at 76 (with B. Nalebuff); Going, Going, Progress. Hazard Lecture, Pembroke Hill High School, Google, Wall St. J.,August 20, 2004, at A12 Publications “Can Creativity Be Taught? Why Not?”; (with B. Nalebuff). Thomas Jefferson Counts Himself Into the Duke Law School,“Tradable Patent Presidency, 90 U. Va. L. Rev. 551 (2004) (with Permits”;The British Council, Santiago, Jack M. Balkin D. Fontana); This Is Not a War, 113 Yale L.J. Chile,“Using Anonymity to Keep the Public Lectures and Addresses 1871 (2004); A Precedent-Setting and Candidates Symmetrically Informed”; University of Delaware Conference on Appearance, Center for American Buenos Aires, Argentina,“The Refund Brown v. Board of Education,“Brown v. Progress (website), April 8, 2004; The Booth”; Helsinki Conference on Behavioral Board of Education and Social Thinking Voter, Prospect,May 2004, at 15 Economics,“Comment on Christine Jolls”; Movements”; Information Technology and (with J. Fishkin); 2-for-1 Voting, N.Y.Times, NAACP National Meeting, Philadelphia, Society Colloquium, NYU Law School, May 5, 2004, at A27; Just Imagine, A Day Off “Disparate Impact Litigation in “Virtual Liberty: Freedom to Design and Devoted to Fulfilling a Democratic Duty, Automobile Finance”; NBER Summer Law Freedom to Play in Virtual Worlds.” Philadelphia Inquirer, June 20, 2004 and Economics Institute,“To Insure Publications (with J. Fishkin); States of Emergency, Am. Prejudice: Racial Determinants of Taxi Cab Respect Worthy: Frank Michelman and the Prospect, September 2004, at 40; Like Tipping.” Legitimate Constitution, 39 Tulsa L. Rev. Father, Like Son, Am. Prospect (online), Legal Consultation or Testimony 485 (2004); Digital Speech and Democratic September 14, 2004; Abu Ghraib Requires a Outside Adviser, Oxford University Culture: A Theory of Freedom of Expression Political Response, Philadelphia Inquirer, Law Department; Fishback and for the Information Society, 79 N.Y.U. L. Rev.1 September 15, 2004; The Rumsfeld Oath, Willis vs. American Honda Finance (2004); No Blank Check for Bush, Hartford Am. Prospect (online), September 29, Corporation,consulting expert concerning Courant,May 16, 2004; The Passionate 2004; Oath of Offense, Am. Prospect disparate impact of finance markups; Intensity of the Confirmation Process, (online), October 6, 2004; From Debates to Smith v. Chysler Finance Corp. (2004), Jurist,April 15, 2004. Deliberation, Center for American consulting concerning disparate impact Progress (online), October 14, 2004; Reply of finance markups; Jones v. Ford Motor Robert A. Burt to Professor Rotunda, Am. Prospect Credit Corp. (2004), consulting expert Lectures and Addresses (online), October 15, 2004. concerning disparate impact of finance Manitoba Cancer Care Center,Winnipeg, markups. Canada,“Violence, Pain, Death and the Anne L. Alstott Publications Practice of Medicine”; Rainbow Center, Lectures and Addresses Cellphone Sleuth,Marketplace Public Radio University of Connecticut, Storrs, September Group, New York City,“No Exit.” Commentary, Aug. 20, 2004 (with B. “Law, Morals and Same-Sex Marriage”;Yale Publications Nalebuff); A Donation Booth?,Marketplace Interdisciplinary Bioethics Project,Yale Law No Exit:What Parents Owe Their Public Radio Commentary, June 23, 2004 School, Symposium on A World Less Silent: Children and What Society Owes (with B. Nalebuff); Say Goodbye to TIVO, Celebrating Jay Katz’s Contributions to Parents (2004). Marketplace Public Radio Commentary, Law, Medicine, and Ethics,“The Uses of June 9, 2004 (with B. Nalebuff); Using Iraq Psychoanalysis in Law:The Force of Jay Ian Ayres to Undermine OPEC,Marketplace Public Katz’s Example.” Lectures and Addresses Radio Commentary, April 6, 2004 (with B. Legal Consultation or Testimony Dickinson School of Law,“Straightforward: Nalebuff); Throwaway Tickets, Forbes, Testimony before the President’s Council 12 |13 YLR Winter 2004

left to right Guido Calabresi Amy Chua Mirjan R. Damas˘ka Drew S. Days, III John J. Donohue III

on Bioethics,Washington D.C., on Symposium on A World Less Silent: (in Croatian), Introduction to the Latin “The Aging Society: Policy Implications.” Celebrating Jay Katz’s Contributions to Translation of a 16th Century Lawyer’s Law, Medicine, and Ethics, closing remarks. Treatise (2004); On Agreed Settlements of Guido Calabresi Criminal Cases (in Croatian), 11 Croatian Awards and Recognition Amy Chua Ann. Crim. Law & Prac.3 (2004). Honorary degree, LL.D., Fairfield University; Lectures and Addresses honorary degree, D.Phil.,The Hebrew McIntire School of Commerce, University Drew S. Days, III University of Jerusalem; honorary degree, of Virginia,“Globalization and the Lectures and Addresses LL.D., Northwestern University School of ‘Triumph’of Markets: Brave New World or United States District Court for the Law; First Annual Lifetime Achievement False Dawn?,”panelist; The Hon. Max Northern District of California Judicial Award in Law and Economics, European Rosenn Lecture,Wilkes Barre University, Conference, Santa Cruz, California,“Law in Association of Law and Economics (EALE), Pennsylvania,“Markets, Democracy, and the State of Perpetual War: Secrecy, at 21st Annual Conference, Zagreb, Croatia. Ethnic Conflict”;Yale Club of New York, Security and Civil Liberties in the Age of Lectures and Addresses “World on Fire: How Exporting Free Market Anti-Terrorism,”panelist;The 50th Distinguished Speaker Series, Inauguration Democracy Breeds Ethnic Instability”; In Anniversary of Brown v. Board of Education, of Doshisha Law School, Doshisha the Company of Scholars:Yale Women in a The John F. Kennedy Library and Museum, University, Kyoto, Japan; International Changing World,Yale University,“Gender Boston, panelist; Federal Practice Section, Conference, Centro Nazionale di and Globalization,”panelist; PIMCO, Connecticut Bar Association, New Haven, Prevenzione e Difesa Sociale, Stresa, Italy, Newport Beach, California,“World on Fire: “Living with Brown”; Jewish Community “The Enlargement of the European Union How Exporting Free Market Democracy Center of Greater New Haven, from 15 to 25 Members:Will This Breeds Ethnic Hatred and Global Woodbridge,“Living with Brown”; Strengthen the European Union?”;The Instability”; Dorothy and Lewis B. Cullman American Constitution Society 2004 Hebrew University of Jerusalem,The Center for Scholars and Writers, New York National Convention,Washington, D.C., Daniel Jacobson Lecture,“Liberté, Egalité, Public Library,“Development and “Revitalizing the 14th Amendment,”pan- Fraternité:Their Interplay in a Democracy: Past and Present,”panelist. elist; American Constitution Society Constitutional Democracy”; 2004 Supreme Court Review, 2003-2004 Term, American Constitutional Society National Mirjan R. Damas˘ka Washington, D.C., panelist; Supreme Court Convention,Washington, D.C., panelist;The Lectures and Addresses Review, 2003-2004 Term,Practicing Law Church in American Leadership Henry Morris Lecture in International and Institute, New York, New York, panelist; Roundtable 2004,The Wharton School, Comparative Law, Chicago-Kent College of 2004 Richard J. Childress Lecture, St. Louis Philadelphia,“Canon Law: Possibilities and Law,“The Uncertain Self-Identity of University School of Law,“‘Feedback Loop’: Issues Relating to Governance and International Criminal Courts”; University The Civil Rights Act of 1964 and Its Accountability,”panelist; European of Zagreb Law School,“Negotiated Justice”; Progeny.” Association of Law and Economics 21st Supreme Court of Croatia,“The Doctrine of Annual Conference, Zagreb, Croatia,“The Joint Criminal Liability in International John J. Donohue III Future of Economic Analysis of Law”;Yale Criminal Law.” Appointments Law School Alumni Weekend,“How Should Publications Professor of Law,Yale Law School. a Yale Law School Education Address The Faces of Justice and State Authority Publications Global Issues?,”portrait unveiling of James (Chinese translation) (2004); Evidence Clinton and Bush’s Report Cards on A.Thomas, remarks;Yale Interdisciplinary Law Adrift (Chinese translation) (2004); Crime Reduction:The Data Show Bush Bioethics Project,Yale Law School, Ivan Kitonic and His Directio Methodica Policies Are Undermining Clinton Gains, ˘ Faculty Activities

left to right Robert C. Ellickson Daniel C. Esty Owen M. Fiss Robert W. Gordon Henry Hansmann

1 The Economists’Voice,Article 4 (2004), World Bank Global Trade Analysis Project Robert W. Gordon available at http://www.bepress.com Conference,Washington, D.C.,“Trade and Lectures and Addresses /ev/vol1/iss1/art4; The Employment the Environment”; U.S. Environmental Law & Society Association Annual Consequences of Wrongful-Discharge Laws: Protection Agency Senior Executive Service Meeting, Chicago,“Richard Abel’s English Large, Small, or None at All?, American Annual Conference, Reston,Virginia, Lawyers”; American Constitution Society Economic Review: Papers and “American Environmental Attitudes”; Annual Meeting,Washington, D.C., Proceedings,May 2004 (with D. Autor & S. Yale World Fellows Conferences, “Original Promises of the Fourteenth Schwab); Further Evidence that Legalized Stockholm, Helsinki,Vilnius,“Globalizing Amendment”; International Conference on Abortion Lowered Crime: A Reply to Joyce, Yale”; U.S. Green Building Council Professionalism, University of Exeter, 39 J. Hum. Resources 29 (2004). CEO Roundtable,Washington, D.C., United Kingdom,“Professionalisms Old “Environmental Performance and New,”keynote address ; Conference on Robert C. Ellickson and Economic Competitiveness.” Administrative Law, University of Toronto, Awards and Recognition Publications “Legal Realists’Defence of the 2004 National Scrabble Championship, Who Makes the Grade? 5 Conservation in Administrative State”; Woodrow Wilson New Orleans, Louisiana: prize for highest Practice 28 (2004). Center for Scholars,Washington, D.C.,“Civil ranking senior (age 60 and over); overall, Rights Lawyers in the 1930s.” ranked 17th out of 837 players. Owen M. Fiss Publications Lectures and Addresses Awards and Recognition The Constitution of Liberal Order at the HUD Research Conference on Regulatory Honorary degree, LL.D., University of Troubled Beginnings of the Modern State, Barriers to Affordable Housing, Toronto. 58 U. Miami L. Rev. 373 (2004); Private Washington, D.C.,“The Effects of Land-Use Lectures and Addresses Career-Building and Public Benefits: Regulations on the Price of Housing,” University of Toronto honorary degree con- Reflections on ‘Doing Well by Doing Good,’ discussant; Aaron Lecture, Dartmouth vocation, speaker; Seminario en 41 Houston L. Rev. 113 (2004). College, Hanover,“How Federal Lawmakers Latinoamérica de Teoría Constitucional y Distort Municipal Decisionmaking:The Política (SELA),“The Limits of Democracy,” Henry Hansmann Case of Housing Assistance”; American Oaxaca, Mexico,“Democracy and Equality,” Elections Association of Law Schools Conference on panel moderator; Legislatures and Elected President, American Law and Teaching Property Law for the 21st Century, Constitutionalism:The Role of Legislatures Economics Association. Portland, Oregon,“What’s in the Course,” in the Constitutional State Conference, Lectures and Addresses panel chair; Dahlem Workshop on Banff Centre for the Art, Alberta, Canada, Faculty Colloquium, University of Texas, Heuristics and the Law, Berlin, Germany, “The Constitutional Division of Labor.” Austin, presented paper on “Legal Entities, working group on “How Do Heuristics Publications Asset Partitioning, and the Evolution of Mediate the Impact of Law on Behavior?”; Speak, Canada, Speak, Toronto Star, June Organizations”; University of Illinois First-Term Dean’s Lecture,Yale Law School, 15, 2004, at A26; Violencia, debido proceso y College of Law conference on “New Haven: Some Unsung Virtues.” educación en latinoamerica, Themis— Uncorporation: A New Age?, Chicago, pre- Revista de Derecho (interview in Spanish) sented paper on “The New Business Daniel C. Esty 307 (2003); Um novo processo civil: estudos Entities in Evolutionary Perspective”; Lectures and Addresses norte-americanos sobre jurisdição, constitu- American Law and Economics Association U.S. Business Council for Sustainable ição e sociedad (in Portuguese), Editora annual meeting, Chicago, President’s Development, New Haven,“Sustainable Revista Dos Tribunais (2004). Lecture on “Corporation and Contract”; Development and Corporate Strategy”; Conference on Governance of Not-for- 14 |15 YLR Winter 2005

left to right Oona A. Hathaway Paul W. Kahn Harold Hongju Koh

Profit Organizations, sponsored by The Cambridge,“Between Power and Principle: Sox broke 86-year curse!) and subsequently Federal Reserve Bank of New York and the A Political Theory of International Law”; carried World Series Trophy into Yale Law Bendheim Center for Finance at Princeton American Society of International Law, School Courtyard! University, held at the Federal Reserve Bank Washington, D.C.,“Empirical Approaches to Lectures and Addresses of New York,“Governance of Nonprofit Human Rights,”panel presenter. The 2004 John W. Hager Lecture, University Corporations,”introductory speech; Publications of Tulsa College of Law,“The 2004 Term:The American Law Institute Advisers and Empirical Approaches to International Law, Supreme Court Meets International Law”; Members Consultative Group for the Am. J. Int’l L. (2004); The International Law Tulsa Inns of Court,“Yale Law School’s 21st Project on Principles of the Law of of Torture, in Torture: Philosophical, Century Agenda”;Washington University of Nonprofit Organizations, participant; Political, and Legal Perspectives (S. St. Louis, Public Interest Law Speaker Series, Comparative Law and Economics Forum, Levinson ed., 2004); Supreme Court Brings “The Supreme Court Meets International Zurich, Switzerland, participant. Bush Administration Back to Earth, Law”;Yale Law School and the Foreign Publications Hartford Courant, July 1, 2004; The Court Policy Association,Transatlantic Relations The Anatomy of Corporate Law: A Puts the White House in its Place, Newsday, Conference,“The Right to Intervene”; Comparative and Functional Approach June 30, 2004. Keynote Address, New Haven Legal (with R. Kraakman, P.Davies, G. Hertig, K. Assistance Association 40th Anniversary Hopt, H. Kanda, & E. Rock, 2004). Paul W. Kahn Banquet,“Forty Years of Legal Assistance”; Lectures and Addresses Covington & Burling,Washington, D.C., Oona A. Hathaway Conference on Text,Tradition & Reason in “Yale Law School’s 21st Century Agenda”; Awards and Recognition Comparative Perspective, Cardozo Law Yale Law Journal Banquet, Introduction of Selected as 2004 Carnegie Scholar under School,“Political Time: Sovereignty and the Jeff Greenfield;Yale Law School the Carnegie Corporation’s Scholars Transtemporal Community.” Commencement,“Remarks at Mace Program. Publications Ceremony”;Yale School of Organization Lectures and Addresses Owen Fiss: Heroism in the Law, 58 U. Miami and Management,“CEO Summit”;Yale- American Constitution Society Conference, L. Rev. 103 (2003); The Question of Stanford Junior Faculty Forum, New Haven, Chicago Law School,“Torture,”panelist; Sovereignty, 40 Stan. J. Int’l. L. (2004); “Comment on Goodman and Jinks, How to Conference on International Dispute Universal Jurisdiction or the Rule of Law?, Influence States: Socialization and Resolution, Chicago Law School,“Who in The Case of Ariel Sharon and International Human Rights Law”; Adjudicates?”; University of Toronto Law the Fate of Universal Jurisdiction 135 Conference of Judges of Eastern District of School,“Between Power and Principle: A (J. Borneman ed., Princeton Institute New York, Port Jefferson,“The Supreme Political Theory of International Law”;Yale for International and Regional Studies, Court and International Law”;Yale Law Law School Alumni Weekend,“How Should Monograph Series, no. 2, 2004). School Association of Chicago,“Yale Law a Yale Law School Education Address Global School’s 21st Century Agenda”;Yale Law Issues?,” “Global Governance,”panel mod- Harold Hongju Koh School Association of Los Angeles,“The erator; debate on “The Internationalization Appointments Supreme Court and International Law”;Yale of International Law”with Eric Posner, Professor of International and Area Studies, Law School Association of San Francisco, “Odyssey,”Chicago Public Radio; University YCIAS; James Cooper Fellow, Connecticut “The Supreme Court and International of Southern California Conference on Bar Foundation. Law”;Yale Law School Association of Compliance, Los Angeles,“Between Power Attendance Washington, D.C.,“A Pride of Deans”;Ninth and Principle: A Political Theory of Fourth Game of 2004 World Series, Circuit Judicial Conference, Monterrey, International Law”; Harvard Law School, St. Louis, Misssouri (at which Boston Red California,“The Supreme Court’s ˘ Faculty Activities

left to right Anthony T. Kronman John H. Langbein Michael E. Levine

International Law Term”;Yale Law School War and Responsibility;Yale Law School Other Association of Fairfield and Westchester Memorial Service for John Hart Ely, Appearance on PBS Frontline, June 17, 2004, Counties,“Yale Law School’s 21st Century remarks; Master of Ceremonies, Portrait “The Plea.” Agenda”;Yale Law School Association of Unveiling, the Hon. Edward R. Becker, Public Service New Jersey,“Yale Law School’s 21st Century Philadelphia. Connecticut Commissioner, National Agenda”; American Constitution Society, Legal Consultation or Testimony Conference of Commissioners on Uniform National Convention,Washington, D.C., U.S. Supreme Court Amicus Brief on behalf State Laws: Member, Oversight Committee “Detention Without Charges:Terrorism and of International Diplomats in Roper v. on the Uniform Trust Code (UTC); pre- the Rule of Law”; Ford Foundation, New Simmons;U.S. Supreme Court Amicus Brief sented UTC amendments to Commission’s York,“U.S. Exceptionalism Abroad and at on behalf of International Scholars in sup- 2004 annual meeting, Portland, Oregon. Home”;Women’s Campaign School at Yale port of certiorari in Medellin v. Dretke. Member, Drafting Committee on the Law School, welcoming remarks; 2004 Publications Uniform Statutory Business Trust Act, Yung Wing Lecture,Yale University,“Yellow Foundations of International Law and attended drafting meeting Chicago. in a White World”;Yale Law School Alumni Politics (with O. Hathaway 2004); American Law Institute: Associate Reporter, Weekend,“A Global Conversation with Internalization by Socialization: A Comment Restatement of Property:Wills and Other Robert Rubin and Carla Hills”;Yale on Goodman and Jinks, Duke L.J. (2004); Donative Transfers; presented Tentative Interdisciplinary Bioethics Project,Yale Law Choosing Heroes Carefully, Stan. L.Rev. Draft No. 4 (class gifts) for approval at School, Symposium on A World Less Silent: (2004); On America’s Double Standard:The Annual Meeting; Advisor, Restatement Celebrating Jay Katz’s Contributions to Law, Good and Bad Faces of Exceptionalism, Am. (Third) of Trusts; attended advisor’s meet- Medicine, and Ethics,“A Healing Wisdom”; Prospect (October 2004); The Value of ing, Philadelphia. Quinnipiac Law School,“Deans’Panel on Process, 10 Int’l Legal Theory 1 (2004). Publications Professionalism, the Practice of Law and Pension and Employee Benefit Law: 2004 the Role of Legal Education”; Animal Law Anthony T. Kronman Supplement (with B.Wolk); What ERISA Conference,Yale Law School, closing Appointments Means by “Equitable":The Supreme Court’s remarks; Aspen Institute Seminar for Fellow,Whitney Humanities Center. Trail of Error in Russell, Mertens, and Great- Judges on International Human Rights Awards and Recognition West, 103 Colum. L. Rev. 1317 (2003); New Law,Wye, Maryland,“Implementation of Recipient, Award of Merit,Yale Law School; York University Review of Employee International Human Rights in the United Recipient, Commander of the French Benefits and Executive Compensation 2-1 States and the Americas”; American National Order of Merit, Republic of France. (2004); Curing Execution Errors and Association of Law Schools Teacher Lectures and Addresses Mistaken Terms in Wills, 51 Yale Law Report Placement Conference,Washington, D.C., Rockefeller Foundation conference, 36 (Summer 2004). “Yale Law School as a Birthplace of Bellagio, Italy,“U.S.-Saudi Relations.” Scholars”; Association of the Bar of the City Michael E. Levine of New York,“Torture:Where Were the John H. Langbein Lectures and Addresses Lawyers?”;Yale World Fellows Program, Lectures and Addresses Joint meeting for airport commissioners “Promoting Democracy and Human Rights New York State Courts Historical Society, and executives of American Association after September 11”;Yale Law School Career “Chancellor Kent, and the History of of Airport Executives and the Airport Development Office,“How Should I Live My Legal Literature and Legal Education Operators Council International, Life as a Lawyer?”;“On Democratic Ground: in New York”; Commencement address, San Francisco, keynote address; Department New Perspectives on John Hart Ely,”Yale Yale Law School. of Transportation Roundtable on Airport Law School, commentary on John Hart Ely’s Congestion,Washington, D.C., panelist. 16 |17 YLR Winter 2005

left to right Jonathan R. Macey Daniel Markovits Jean Koh Peters Robert C. Post

Legal Consultation or Testimony Legal Consultation or Testimony students, working with interpreters, will Principal witness for Australian Expert Witness/Expert Declarant, Chamber research how 194 countries and 56 Competition and Consumer Commission in of Commerce of the United States v. United American jurisdictions provide for children Qantas – Air New Zealand Cooperation States Securities and Exchange Commission. to express their views, have an opportunity Agreement case, Australian Competition Publications to be heard, and/or be represented by an Tribunal, Sydney. Was Arthur Andersen Different? An attorney or other advocates in child protec- Empirical Examination of Major Accounting tive proceedings, pursuant to Article 12 of Jonathan R. Macey Firm Audits of Large Clients,1 J. Empirical the Convention on the Rights of the Child. Appointments Legal Stud. 263 (2004) (with T. Eisenberg); Professor of Law,Yale Law School. Monitoring Corporate Performance:The Role Robert C. Post Awards and Recognition of Objectivity, Proximity and Adaptability in Appointments Yale Law Women Teaching Award (Visiting Corporate Governance, 89 Cornell L. Rev. Member, Institute of Medicine’s Professor category). 356 (2004) (with A. Boot); Efficient Capital Committee on Food Marketing and the Elections Markets, Corporate Disclosure and Enron,89 Diets of Children and Youth. Chair, Association of American Law Schools Cornell L. Rev. 394 (2004); A Pox on Both Lectures and Addresses Section on Legal Scholarship, Executive Your Houses: Enron, Sarbanes-Oxley and the Constitutional Law Workshop, University of Committee, Association of American Law Debate Concerning the Relative Efficiency of Chicago School of Law,“Academic Freedom Schools Section on Corporate Law; Legal Mandatory Versus Enabling Rules, 81 Wash. and the Academic Bill of Rights”; Advisory Committee, Board of Directors, U. L.Q. 329 (2003); Commodification, Conference on Rethinking Nomos and New York Stock Exchange. Independence, Governance, and the Demise Narrative: Marking Twenty Years Since Lectures and Addresses of the Accounting Profession, 48 Vill. L.Rev. Robert Cover’s Nomos and Narrative, University of Connecticut Law School, 1167 (2003) (with H. Sale); Macey on “Who’s Afraid of Jurispathic Courts”; Corporate Governance at the Crossroads, Corporate Law (two-volume treatise, 2004 Albany Law School, “Affirmative Action and Insurance Law Center and Connecticut update). Higher Education:The View from Insurance Law Journal Symposium,“Does Somewhere”; Annual Convention of the the Source of Law Matter? State-Federal Daniel Markovits Law and Society Association, Chicago,“Law Competition in Corporate Governance”; Publications and Evolution: Practice and Theory,”panel Workshop on Law, Finance, and Political Legal Ethics From the Lawyer’s Point of View, commentator; Seminario en Latinoamérica Economy, Columbia Law School; 2004 15 Yale J.L. & Human. 209 (2004); Contract de Teoría Constitucional y Política (SELA), Summer Institute of International & and Collaboration, 113 Yale L.J.1417 (2004); Oaxaca, Mexico,“Equality and Democracy”; Comparative Law in Paris, Cornell Law The No Retraction Principle and the Morality Annual Convention of the American School, Université Paris I Panthéon- of Negotiations, 152 U. Pa. L.Rev.1903 Constitution Society,Washington, D.C., Sorbonne, professorial lecturer; Conference (2004). “Sameness and Difference:What Is Sex on Changes in Governance in Historic Discrimination?”; Annual Convention of the Perspective: From State to Market Jean Koh Peters American Political Science Association, Pathways of Change in the 20th Century, Other Chicago,“Identity in Democracy,”panelist. Max-Planck Instutut für Ausländisches und Began research and a seminar for a 250- Publications Internationales Privatrecht, Berlin, pre- jurisdiction survey website, preliminarily Popular Constitutionalism, Department- sented paper on “Changes of Governance entitled Representing Children Worldwide, alism, and Judicial Supremacy, 92 Cal. L.Rev. in Europe, Japan and the U.S.: Corporations, to be created at the Law School between 1027 (2004) (with R. Siegel). State, Markets, and Intermediaries. June 2004 and January 2006. Yale Law ˘ Faculty Activities

left to right George L. Priest W. Michael Reisman Judith Resnik

George L. Priest Empowerment Norm: An Essay for Owen Comments on the Presentations by Nico Lectures and Addresses Fiss, 58 U. Miami L. Rev.347 (2004). Krisch and Carsten Stahn, in Terrorism as IADC Corporate Counsel College, Chicago, a Challenge for National and Punitive Damages after State Farm, pan- W. Michael Reisman International Law: Security Versus elist; Fourteenth Annual Meeting of the Appointments Liberty? 909 (Walter,Vöneky, Röben, American Law and Economics Member, Advisory Editorial Board, Schorkopf eds., 2004); The Manley O. Association, Northwestern University University of Botswana Law Journal, Hudson Lecture “Why Regime Change is School of Law, Chicago,“Buying 2004. (Almost Always) a Bad Idea,” 98 Am. J. Int’l Democracy: Rethinking Campaign Lectures and Addresses L. 516 (2004); also ASIL Proceedings 290 Finance”; Distinguished Scholar Series, Student Town Meeting Conference on (2004). Federal Trade Commission,Washington, Transatlantic Perspectives on Sovereignty D.C.,“Rethinking Antitrust Law in an Age and Intervention, sponsored by the Judith Resnik of Network Industries”; Seminario en Foreign Policy Association, International Appointments Latinoamérica de Teoría Constitucional y Security Studies at Yale University, and Parsons Visitor, University of Sydney, Política (SELA), Oaxaca, Mexico,“The Yale Law School,“Humanitarian Aid and Australia; Member of Consultative Group, Limits of Democracy”; University of Nation-Building: Can Outsiders Really Principles of Aggregate Litigation, Toronto Graduate Ceremony awarding an Help?,”panel moderator; Inaugural American Law Institute; Liaison from the Honorary Degree to Owen M. Fiss,Toronto, Conference, European Society of American Association of Law Schools to Canada, bedel; American Enterprise International Law,“International Law in the Commission on Women of the Institute World Forum, Beaver Creek, Europe: Between Tradition and Renewal,” Profession of the American Bar Colorado; Seminar on Law and Poverty in Florence, Italy,“The Shadows Looming Association; committee member, Beyond Lima and Arequipa, Peru, delivered a series Over International Law,”keynote address; Borders:The Impact of International Law of lectures on Peruvian and U.S. Civil Code, Conference on the Threat of Terrorism and in State and Federal Courts, a Project of as well as “The Sources of Poverty”; the Maintenance of International Law, the National Association of Women Federalist Society, Northwestern Stockholm, Sweden, lecturer; Seminar on Judges in cooperation with the University School of Law, Chicago,“Buying International Terrorism: Legal Challenges International Association of Women Democracy: A New Look at Campaign and Responses: Report of the Judges and the National Judicial Finance Reform”; George Mason International Bar Association’s Task Force Education Program. University Louisiana Judges Conference, on International Terrorism, Law Society, Lectures and Addresses New Orleans,“The Economic Analysis of London, delivered papers on international Conference on Judicial Appointment in Tort Law”; University of Colorado legal responses to terrorism and the pro- a Free and Democratic Society:The Federalist Society, Boulder, Colorado, tection of civil liberties in responses to Supreme Court of Canada, University of debate with Professor Ahmed White on terrorism; International Law Weekend Toronto Law School; presented paper on “The Future of Organized Labor.” 2004, New York,“Law Beyond Borders: panel:“Lessons to Be Learned from the Publications New Directions in Jurisdiction, United States, the United Kingdom, and An Expensive Game to Play, Tech Central Sovereignty, and Transnationalism,”pan- Beyond”; Rethinking Nomos and Station, April 12, 2004, available at elist. Narrative: Marking Twenty Years since http://www.techcentralstation.com/0412 Publications Robert Cover’s Nomos and Narrative, 04E.html; Supreme Wisdom, Wall St. J., International Law in Contemporary Yale Law School, commentator; In the June 18, 2004, at A10; Beyond Brown: Perspective (with M. H. Arsanjani, S. Company of Scholars:Yale Women in a Opportunity versus Equality as an Wiessner & G. S.Westerman, 2004); Changing World,Yale University, panelist, 18 |19 YLR Winter 2005

left to right Roberta Romano Carol M. Rose

“The Gender of Globalization,”presented Publications Master’s Program in Law and Economics, paper on “The International and the Why Goldberg Is Our Shorthand, in Civil University of St. Gallen, Switzerland. Transnational Women’s Rights Procedure Stories (K. Clermont ed., 2004); Elections Movement”;“Representing Justice: From Composing a Judiciary: Reflections on Director, American Law and Economics Renaissance Iconography to 21st Century Proposed Reforms in the United Kingdom Association. Courthouses,”presented at the Federal on How to Change the Voices of and the Lectures and Addresses Court of Australia, Melbourne, Australia, Constituencies for Judging, in Columbia University Center for Law and and co-sponsored by the federal courts Constitutional Innovation:The Creation Economic Studies Interdisciplinary and the University of Melbourne, and also of a Supreme Court for the United Workshop Conference on Law, Finance and presented at the University of Sydney, Kingdom, Domestic, Comparative and Political Economy,“What Works in School of Law; workshop presenter: International Reflections (a Special Issue Securities Laws?,”commentator; University “Feminism and Federalism,Views from of the Journal of Legal Studies) (D. of Chicago Law School Law and Economics Canada, Australia and the United States,” Morgan ed., 2004); Procedure’s Projects,23 Workshop,“The Sarbanes Oxley Act and workshop at University of Melbourne; Civ. Just. Q. 273 (2004) (A. Zuckerman ed., the Making of Quack Corporate “Dispute Resolution and Adjudication,” special symposium issue, UK publication); Governance”; Harald Voss Memorial workshop at University of Sydney; a lecture For Owen M. Fiss: Some Reflections on the Lectures, Institute for Law and Finance, presented at the Ceremonial Courtroom in Triumph and Death of Adjudication, 58 U Johann Wolfgang Goethe-Universität, the Courts of Queensland, Brisbane, Miami L. Rev. 173 (2004); Tribes,Wars, and Frankfurt, Germany,“The Sarbanes Oxley Australia,“Judicial Selection in the United the Federal Courts: Applying The Myths and Act and the Making of Quack Corporate States”; American Bar Association, Atlanta, Methods of Marbury v. Madison to Tribal Governance”;“The Advantage of Georgia,“The Vanishing Trial,”panelist, and Courts’Criminal Jurisdiction, 36 Arizona St. Competition for Corporate Charters”; speaker at a program on Women, Human L. J. 77 (2004); A Continuous Body: Ongoing University of Denver School of Law Faculty Rights, and Law’s Abuses of Women’s Conversations about Women and Legal Workshop,“The Sarbanes Oxley Act and Rights and Remedies, presented by the Education, 53 J. Legal Educ. 564 (2003); the Making of Quack Corporate ABA’s Center For Human Rights;World Judicial Selection, Independent Jurists, and Governance”; Kirkland & Ellis LLP Fellows Seminar Series,Yale University, Life-Tenure, in The Proceedings of the Corporate Law & Economics Workshop, “Justice Systems in Democracies”and American Academy of Arts and Sciences, “The Sarbanes Oxley Act and the Making “Identity, Equality, Gender and 17 Bulletin 22 (2004); Judicial Selection, of Quack Corporate Governance”; New Governance”; Conference on Gendered Independent Jurists, and Life Tenure, York University School of Law Faculty Borders,Vrije University, Amsterdam, the Judicial Confirmations Process, in Jurist Workshop,“Empirical Studies of Corporate Netherlands, presented paper on “Law’s (Jassone Mazzone ed.), available at Law”; Columbia University School of Law Migration: Gendered Borders,Women’s http://jurist.law/pitt.edu/forum/ Blue Sky Group Lunch,“The Sarbanes Oxley Rights, and United States’Sovereignty.” symposium-jc/; Exchange among Panelists Act and the Making of Quack Corporate Legal Consultation or Testimony on “The Courts, the Legislature, and the Governance.” Invited Testimony on “Methods of Judicial Executive, Separate and Equal?: Current Selection in the United States,”presented Issues at the Federal Level,”87 Judicature 1 Carol M. Rose at the Hearings of the Standing (2004). Lectures and Addresses Committee on Justice, Human Rights, Seminario en Latinoamérica de Teoría Public Safety and Emergency Preparedness Roberta Romano Constitucional y Política (SELA), Oaxaca, of the House of Commons of Canada. Appointments Mexico,“Privatization and Democratic Member, International Academic Council, Governance”;Yale Law School Association ˘ Faculty Activities

left to right Susan Rose-Ackerman Barbara J. Safriet Peter H. Schuck Vicki Schultz James J. Silk Henry E. Smith

of Central Connecticut,“The Road to Socialist Transitions (with J. Kornai & B. Vicki Schultz Shelley v. Kraemer:Racial Deed Restrictions Rothstein eds., 2004); Governance and Lectures and Addresses from the City Beautiful to Levittown, 1900- Corruption in Global Crises, Global Civil Rights in the Workplace, Law and 1948”; Graduate Orientation,Yale Law Solutions 301 (B. Lomborg ed., 2004). Society Association Annual Meeting, School,“Law and Economics from A to B”; Chicago,“Why Feminists Should Support a American Constitution Society,Yale Barbara J. Safriet Reduced Workweek,”panel presenter; Chapter,“Taking the Constitution to the Awards and Recognition Workshop on Precarious Work,Women, Beach:The Story Behind Lucas v. South President’s Award for Distinguished Public and the New Economy:The Challenge to Carolina Coastal Council”; Conference on Service, Federation of State Boards of Legal Norms, International Institute for Private Communities and Liberty, Liberty Physical Therapy Annual Meeting, Law and Sociology, Oñati, Spain,“The Case Fund Conference, Montreal, Quebec. Philadelphia. for a Reduced Workweek in the United Publications Lectures and Addresses States”;Yale Work and Welfare Group, Economic Claims and the Challenges of Consensus Conference on Regulation, convener. New Property, in Property in Question: American College of Nurse Practitioners Publications Value Transformation in the Global Faculties,Washington, D.C., keynote Introduction and Commentary, Global Economy (2004); Strategies for Public Land address; American Academy of Nurse Perspectives on Workplace Harassment, Management:The U.S. Experience, 21st Practitioners Annual Meeting, New 8 Employee Rts. & Emp.Pol’y J. 151 (2004). Century Business Herald (Beijing), April 8, Orleans, keynote address. 2004. James J. Silk Peter H. Schuck Lectures and Addresses Susan Rose-Ackerman Lectures and Addresses Yale Law School Alumni Weekend,“How Lectures and Addresses Albany Law School Symposium on Should a Yale Law School Education Copenhagen Consensus Project, Diversity in America; Communitarian Address Global Issues?’,“Global Human Copenhagen,“Governance and Summit,Washington, D.C., delivered paper Rights,”panel moderator; Harvard Law Corruption”; Bottom Billion Workshop, on managing diversity; Humanity in School Human Rights Program Twentieth St. Anthony’s College, Oxford,“Governance Action,“Managing Diversity”;Yale School Anniversary Celebration, Roundtable: and Corruption”; University of Zurich, of Management,“Managing Diversity; Analysis and Evaluation of Law School Switzerland,“Electoral Rules as Constraints Seminario en Latinoamérica de Teoría Human Rights Programs, panelist; Iraq on Corruption”; Conference on Corruption Constitucional y Política (SELA), Oaxaca, Beyond the Headlines, teach-in, and Reform, National Bureau of Economic Mexico,“Democracy and an Independent Department of Near Eastern Languages Research, Salem, Massachusetts, discus- Judiciary.” and Civilizations,Yale University,“Human sant for paper by William Novack; Publications Rights Implications of the Iraq War and Georgetown Law School,Washington, D.C., Terrorism Cases Demand New Hybrid Occupation.” “Foreign Direct Investment and the Courts, L.A.Times, July 9, 2004; Only Citizens Business Environment in Developing Should Hold Voting Rights, L.A.Times,Aug.1, Henry E. Smith Countries:The Impact of BiIateral 2004; Remarks in “Symposium: Brown v. Appointments Investment Treaties.” Board of Education at Fifty: Have We Board of Advisors, Journal of Law, Publications Achieved Its Goals?”,78 St. John’s L. Rev. 311 Economics & Policy. Building a Trustworthy State in Post- (2004); Remarks on Judge Weinstein, 12 J. L. Lectures and Addresses Socialist Transition (with J. Kornai ed., & Pol’y 149 (2003); Special Dispensation, Conference on Property Rights on the 2004); Creating Social Trust in Post- Am. Law., June 2004, at 69. Frontier:The Economics of Self-Help and 20 |21 YLR Winter 2005

left to right Robert A. Solomon Alec Stone Sweet Ronald S. Sullivan, Jr. James Q.Whitman

Self-Defense in Cyberspace, George Mason Ronald S. Sullivan, Jr. University School of Law,“Self-Help and the Awards and Recognition Nature of Property”; Manhattan Institute The Lever Award in recognition of Conference on Avoiding a Tragedy of the tireless pursuit of justice and civil Telecommons,Washington, D.C.,“Governing rights for all, given by The District of the Tele-Semicommons”; American Law and Columbia Law Students in Court Economics Association,“Property and Program,Washington, D.C. Property Rules.” Lectures and Addresses Publications Brown v. Board of Education Exclusion and Property Rules in the Law of Commemorative Conference: 50 Years Later, Nuisance, 90 Va. L. Rev. 965 (2004). Why Are We Still Separate and Unequal, Princeton Justice Project, Princeton Robert A. Solomon University, keynote address; Plenary on the Appointments Criminal Justice System as a Priority of the Reappointed, Board of Commissioners, Progressive Movement, Center for Policy Housing Authority of the City of New Haven Alternatives, Southern Criminal Justice (Chair of Planning & Development Conference, Austin,Texas, keynote address. Committee); reelected President, Board of Publications On October 30, the Yale Law School Directors, Connecticut Association for Multiple Ironies: Brown at 50,47 How. L.J.29 community joined the family and Human Services; appointed to Board of (2003). friends of the late Clinical Professor Directors, First Financial Fund Corporation, of Law Kathleen A. Sullivan at a New Haven (elected Secretary). James Q. Whitman benefit ballet performance given in Legal Consultation or Testimony Appointments her honor by members of the New New Haven Plan Commission and Visiting Lecturer, Ecole des Hautes Etudes York City Ballet.The performance New Haven Board of Aldermen on public en Science Sociale, Paris. was sponsored by the Kathleen A. school siting. Awards and Recognition Sullivan Fund, which provides Publications Distinguished Book Award, Division of support for those who work on Solomon’s Wisdom,weekly column in International Criminology, American Society behalf of disadvantaged persons. Connecticut Law Tribune,reprinted on of Criminology, for Harsh Justice (2003). The Law School has published a occasion in New York Law Tribune. Lectures and Addresses booklet containing remembrances University of Lund, Sweden,“The Legal given at her memorial service held Alec Stone Sweet Historian and the Modern Problem of earlier at Yale Law School. Copies Appointments Receptions”; Stanford Law School,“The Two of this booklet are available from Leitner Professor of Law, Politics, and Western Cultures of Privacy.” the Yale Law School Office of Public International Studies,Yale University. Publications Affairs, P.O. Box 208215, New Haven, Publications The Two Western Cultures of Privacy: Dignity CT 06520-8215; 203 432-8464; The Judicial Construction of Europe Versus Liberty, 113 Yale L. Rev. 1151 (2004); [email protected]. (2004). Prisoner Degradation Abroad—and at Home, Wash. Post,May 10,2004. Œ