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Faculty File 2013 As Part of the Harvard Federal, Criminal, and Appellate News Briefs Business School U.S faculty file 2013 as part of the Harvard Federal, Criminal, and Appellate NEWS BRIEFS Business School U.S. Clinic, titled Can Fiction Impede Competitiveness Project. Conviction: Addressing Claims of a “CSI Effect” in the Criminal Bradford Clark published “The Courtroom, was accepted for Law of Nations as Constitutional publication in the Mississippi Law,” Virginia Law Review, Law Journal. and “General Law in Federal Court” (with A.J. Bellia), William and Mary Law Review. Publications Ceiling: When Negotiating Over Spending and Tax Laws, Jessica Clark published the Jerome A. Barron published Congress and the President second edition of Scholarly the eighth edition of Barron Should Consider the Debt Writing: Ideas, Examples, and and Dienes, Constitutional Law Ceiling a Dead Letter” (with Execution (with Kristen Murray) in a Nutshell (with C. Thomas Michael C. Dorf), 113 Columbia (Carolina Academic Press 2012) Robert Glicksman published Dienes) (Thompson Reuters/ Law Review Sidebar 32 with a new foreword by Steven Modern Public Land Law in West 2013). (March 5, 2013); “Nullifying L. Schooner. a Nutshell (West fourth ed. the Debt Ceiling Threat Once 2012), and two book chap- Francesca Bignami published and for All: Why the President Charlie Craver published ters, “Governance of Public a chapter, “Comparative Should Embrace the Least Skills and Values: Alternative Lands, Public Agencies, and Administrative Law,” in The Unconstitutional Option” (with Dispute Resolution (with Natural Resources,” in The Cambridge Companion to Michael C. Dorf), 112 Columbia John Garvey) (LEXIS 2013), Law of Adaptation to Climate Comparative Law (Mauro Law Review Sidebar 237 (Dec. his 14th book. He published Change: U.S. and International Bussani and Ugo Mattei 21, 2012); and “How to Choose “The Impact of Gender on Aspects (ABA M. Gerrard eds., Cambridge University the Least Unconstitutional Negotiation Performance,” and K. Kuh, eds.) (2012), Press 2012). Option: Lessons for the Cardozo Journal of Conflict and “The Justifications for President (and Others) from the Resolution) (2013); “The Use of Nondegradation Programs in Christopher A. Bracey is pres- Debt Ceiling Standoff” (with Alternative Dispute Resolution U.S. Environmental Law,” in Le ently conducting interviews Michael C. Dorf), 112 Columbia Techniques to Resolve Public Principe de Non-Régression for his forthcoming book, The Law Review 1175 (2012). Sector Bargaining Disputes,” en Droit de l’Environnement Fetish for Authentic Race in Ohio State Journal on Dispute (M. Prieur and G. Sozzo, eds.) American Law. Naomi Cahn’s book, The New Resolution (2013); and “The (Bruylant 2012). He published Kinship: Constructing Donor- Benefits to Be Derived From two law review articles, Donald Braman published Conceived Families, was Post-Negotiation Assessments,” “Improving Water Quality Anti- “The Polarizing Impact of published in 2013. Cardozo Journal of Conflict degradation Policies,” 4 Journal Science Literacy and Numeracy Resolution (2012). His report, of Energy and Environmental on Perceived Climate Change W. Burlette Carter published “The Right to Strike and its Law 1 (with S. Zellmer) (2013) Risks” (with Dan M. Kahan, “The Federal Law of Marriage: Possible Conflict With Other and “Solar Energy Development Ellen Peters, Maggie Wittlin, Deference Deviation and Fundamental Rights in the on the Federal Public Lands: Paul Slovic, Lisa Ouelette, DOMA,” American University U.S.,” was published in the Environmental Trade-Offs on and Gred Mandel), 2 Nature Journal of Gender, Social Policy Proceedings of the XX World the Road to a Lower Carbon Climate Change 732, (2012); and the Law, in June 2013. Congress of the International Future,” 3 San Diego Journal of “Judicial Backlash or Just Society for Labor and Social Energy and Climate Law 107 Backlash? Evidence From a Security Law. He published the (2011–2012). He was co-author National Experiment” (with 2013 Supplements to Labor of two Center for Progressive David Fontana) 112 Columbia Relations Law (with Theodore Reform white papers: “Letting Law Review (2012); and “‘They J. St. Antoine and Marion G. Nature Work in the Pacific Saw a Protest’: Cognitive Crain) (LEXIS), Employment Northwest: A Manual for Illiberalism and the Speech- Discrimination Law (LEXIS), Protecting Ecosystem Services Conduct Distinction” (with and Employment Law Treatise Under Existing Law” (with Dan Kahan, David Hoffman, Steve Charnovitz published (Thomson/West). Robert W. Adler, Dan Rohlf, Danielli Evans, and Jeffrey “US–Tyres: Upholding a WTO Robert R. M. Verchick, and Rachlinski), 64 Stanford Law Accession Contract—Imposing Roger Fairfax’s “Batson’s Grand Ling-Yee Huang), No.1304 Review (2012). Pain for Little Gain” (with Jury DNA” was published in (April 2013); and “No Profit in Bernard Hoekman), World the Iowa Law Review. His article Pollution: A Comparison of Key Neil H. Buchanan published Trade Review, April titled “The Smart on Crime Chesapeake Bay State Water three articles analyzing the 2013, pp. 273-96, and Prosecutor” was published in Pollution Penalty Policies” (with constitutional options avail- “Environmental Sustainability the Georgetown Journal of Aimee Simpson), No.1305 able to the president if and Competitiveness: Policy Legal Ethics. (April 2013). Congress fails to increase Imperative and Corporate the debt ceiling: “Bargaining Opportunity” (with Daniel The LLM thesis of Wyatt Feeler, Phyllis Goldfarb published in the Shadow of the Debt C. Esty), released in March a Friedman Fellow in the “Back to the Future of Clinical WINTER 2014 | www.law.gwu.edu 59 facUltY FILE Legal Education,” 32 Boston completed a new, sixth edition Three Conversations and the Comparative Lessons from College Journal of Law and of the widely used textbook Wisdom of John Hart Ely,” 16 the Water Sector 291-315 Social Justice 279-308 (2012). and treatise Principles of Patent Green Bag 2nd (Spring 2013). (Martinus Nijhoff 2012); Law (with Pauline Newman, “Minimizing Species Daniel I. Gordon’s empirical Herbert F. Schwartz, and Henry Jeffrey Manns published “The Disputes in Energy Facilities research, “Bid Protests: The Smith) (Foundation Press). Merger Agreement Myth,” Siting: Utilizing Natural Costs are Real, but the Benefits Cornell Law Review (2013); Heritage Inventories” (with Outweigh Them,” appeared Laird Kirkpatrick submitted “Downgrading Rating Agency Colusanno), 87 University in the Spring 2013 Public the manuscript for the Reform” (with Robert Anderson of North Dakota Law Review Contract Law Journal and, as a fourth edition of his five-volume IV), George Washington 603 (2012); and “Beyond reflection of the community’s treatise Federal Evidence Law Review (2013); Deterrence: Enforcement and interest in his conclusions, was (with Christopher B. Mueller) and “Insuring Against a Compliance in the Context of abridged and republished (Thomson/West and on Derivative Disaster,” Iowa Sustainable Development,” 42 in two consecutive issues Westlaw); also with Mueller, he Law Review (2013). He Environmental Law Reporter of Contract Management completed the 2013 supple- also published an opinion 10622 (July 2012). magazine (September and ment for the treatise Evidence: piece, “Break Up the Ratings October 2013). Practice Under the Rules. In Oligopoly,” in Bloomberg, on Richard Pierce published addition, Professor Kirkpatrick Feb. 18, 2013. “Natural Gas Fracking published the sixth edition Addresses All of Our Major of his treatise Oregon Michael Matheson published Problems” in Journal of Evidence (LexisNexis 2013) International Civil Tribunals Energy and Environmental and contributed an article and Armed Conflict (Martinus Law; “District Court Review to the National Law Journal Nijhoff Publishers 2012). of Findings of Fact Proposed titled “An Unnecessary by Magistrates” in George Hearsay Amendment.” Sean Murphy published Washington Law Review, Susan Jones published Litigating War: Arbitration “Legal Disputes Related “Innovative Approaches Laurie Kohn’s article “What’s so of Civil Injury by the Eritrea- to Climate Change Will to Public Service Through Funny About Peace, Love, and Ethiopia Claims Commission Continue for a Century” in Institutionalized Action Understanding? Restorative (with Kidane and Snider) Environmental Law; “Natural Research: Reflections From Justice as a New Paradigm for (Oxford University Press 2013) Gas: a Long Bridge to a Law and Social Work” (with Domestic Violence Intervention” and Principles of International Promising Destination” in Utah Shirley J. Jones), 33 University appeared in the 2012 edition Law (second ed., West Environmental Law Review; of Arkansas Law Review of Women and the Law, Tracy A. 2012). He also published “Rulemaking Ossification Is 377 (2011), and a book Thomas (West 2012). “The Crime of Aggression,” Real” in George Washington chapter, “The Importance of in Oxford Handbook on the Law Review, and “A Primer Microenterprise Development Prohibition on the Use of Force on Demand Response and in Community Economic in International Law (Marc a Critique of FERC Order Development Law” (Susan D. Weller, ed.) (Oxford University 745” in Journal of Energy and Bennett, et al), in Community Press 2013); “The Expulsion Environmental Law. He also Economic Development of Aliens and Other Topics: published an annual supple- Law: A Text for Engaged The Sixty-Fourth Session ment to his Administrative Law Learning (Carolina Academic of the International Law Treatise and a new edition of Press 2012). Cynthia Lee’s article, “Making Commission,” 107 American Administrative Law
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