faculty activities

Bruce Ackerman Jack M. Balkin lectures and addresses lectures and addresses • Clough Distinguished Lecture in Jurisprudence, Boston • "Democracy and Dysfunction," Conference on Partisan College, “Three Pathways to Constitutionalism,” Apr. Conflict, Political Structure, and Culture, University of 14, 2016 Indiana at Indianapolis, Nov. 6, 2015 • Canada in the World: Comparative Perspectives on • "Republicanism and the Constitution of Opportunity," the Canadian Constitution, , “Canada’s Symposium on the Constitution and Economic Conflicting Constitutional Cultures," Apr. 12, 2016 Inequality, University of Texas, Austin, Jan. 29, 2016 Bruce Ackerman publications • "Which Republican Constitution?," Conference on • The War Against ISIS is Unconstitutional, Lawfare, Our Republican Constitution, University of Illinois, May 5, 2016 Champaign-Urbana, Mar. 18, 2016 • Is America's War on ISIS Illegal?, N.Y. Times, May 4, 2016 • "American State Building and American Legal • A Presidential Run by Michael Bloomberg Could Plunge Scholarship," University of Baltimore, Conference the Country into a Constitutional Crisis, L.A. Times, Feb. on The Fate of Scholarship in American Law Schools, 25, 2016 Mar. 31, 2016 • Obama is Poland’s Only Hope (with Maciej Kisilowski), publications Foreign Policy, Jan. 21, 2016 • Constitutional Change and Interpretation in the United Anne L. Alstott • Hollande’s War Talk Gives Islamic State What It Wants States: The Official and the Unofficial, Jus Politicum, Most, L.A. Times, Nov. 20, 2015 No. 14 (June 2015) • La guerra all'Isis legittima il Califfo, Lettera 43, Nov. 18, 2015 Guido Calabresi • 'Democracy Dollars’ Can Give Every Voter a Real Voice lectures and addresses in American Politics (with Ian Ayres), Wash. Post, Nov. • Spoke to Robert M. Cover Reading Group on “Robert 5, 2015 Cover: Scholar and Activist,” Yale Law School, New Haven, CT, Jan. 22, 2016 Anne L. Alstott • Responded to speakers Professor Yuval Sinai and Ian Ayres lectures and addresses Professor Benjamin Shmueli at the Wolff Lecture • NYU Law Women Conference on Inequality, “Tax Policy, 2016: “A Contemporary View on the Maimonidean Inequality, and Women,” Feb. 18, 2016 Tort Theory—Law, Religion, Economics, and Morality,” publications Fordham Law School, New York, NY, Jan. 26, 2016 • A New Deal for Old Age: Toward a Progressive • Presented book, and discussed with Professor Michael Retirement (Harvard University Press, 2016) Gerhardt "The Future of Law and Economics: Essays in Reform and Recollection," at the National Constitution Ian Ayres Center, Philadelphia, PA, Feb. 1, 2016 lectures and addresses • Spoke at Dedication of New York University’s 73rd • “Innovation Sticks,” University of Pittsburgh Annual Survey of American Law to Justice Sonia Jack M. Balkin • “Contracting for Privacy Precaution (and a Laffer Curve Sotomayor, New York, NY, Feb. 8, 2016 for Crime),” University of Chicago • Spoke at Master’s Tea, • “Voluntary Taxation,” Georgia State University Master’s House, Mar. 3, 2016 • “Libertarian Gun Control,” Yale Club of New York • Delivered Public Lecture, “Due tipi di eguaglianza nel publications diritto americano ed europeo,” Campus Luigi Einaudi, • Innovation Sticks: The Limited Case for Penalizing University of Torino, Turin, Italy, Mar. 7, 2016 Failures to Innovate, 82 U. Chi. L. Rev. 1781 (2015) (with • Delivered Lecture, “What Law Can Teach Welfare Amy Kapczynski) Economics,” with Arnulf Becker, Discussant, Collegio Carlo Alberto, University of Torino, Moncalieri, Turin, Guido Calabresi Italy, Mar. 8, 2016 24 25 yale law report summer 2016

• Delivered Lecture on “‘Economic Analysis of Law,’ or Dennis E. Curtis ‘Law and Economics? A Foundational Question,’” for lectures and addresses course in Foundation of the Comparative Approach, • Co-presenter: "Why Eyes?: Blindfolded Justices, Color- International University College, Turin, Italy, Mar. 8, blind Constitutions, and the Problem of Judgment" 2016 (with Judith Resnik) for Panel: Law and Images, Section • Roundtable Discussion with Professors Pietro Rescigno, on Law and the Humanities, American Association of Rodolfo Sacco, and Antonio Pagliaro on “Scienza e Law Schools, New York, NY, Jan. 9, 2016 Diritto,” at a Conference on Law and Science at the • “Law Clinics in U.S. and France: Past, Present and Accademia dei Lincei, Rome, Italy, Mar. 9, 2016 Future,” Université Paris-Dauphine, Mar. 8, 2016 Dennis E. Curtis • Presented "The Future of Law and Economics: Essays in publications Reform and Recollection" ( Press, New • Why Eyes? Cautionary Tales from Law’s Blindfolded Haven and London, 2016) by Guido Calabresi, and took Justice (with Judith Resnik), in Blinding as a Solution part in seminar on the book with Guido Alpa, Marco to Bias in Biomedical Science and the Courts: A D’Alberti, Filippo Reganati, Giorgio Resta, and Stefano Multidiciplinary Approach, Aaron Kesselheim & Rodotà, Sapienza - University of Rome, Rome, Italy, Mar. Christopher Robertson eds. (Elsevier Press, 2016) 11, 2016 other professional highlights • Spoke at Presentation of Giovanni Finzi-Contini’s book, • Reappointment, Order of the Coif Biennial Book Award Di canto in canto, Pisa, Italy, Mar. 12, 2016 Committee, 2016-2018 Drew S. Days III • Spoke at Presentation on "The Future of Law and Economics: Essays in Reform and Recollection" (Yale Drew S. Days III University Press, New Haven and London, 2016) by lectures and addresses Guido Calabresi, with Professor Deakin of Cambridge • Moderator, “Women’s Civil Rights and Education: University, Professor Monti of London School of Building on Legacy, Delivering our Future,” Gruber Economics and the European University Institute, and Distinguished Lecture in Women's Rights given by Professor Grundmann of the European University Catherine Lhamon, Assistant Secretary, Office for Civil Institute, European University Institute, Florence, Italy, Rights, U.S. Department of Education, Yale Law School, Mar. 16, 2016 New Haven, CT, Nov. 9, 2016 Fiona M. Doherty • Guest Speaker at book presentation of Americordo: other professional highlights The Italian Jewish Exiles in America, by Gianna • Lifetime Achievement Award from Connecticut Law Pontecorboli, New York University Casa Italiana Zerilli Tribune, New Haven, CT, Oct. 21, 2015 Marimò, sponsored by Centro Primo Levi, New York, NY, • Lifetime Achievement Award from The American Mar. 28, 2016 Lawyer, New York, NY, Oct. 28, 2015 • Introduced The Right Honourable Beverley McLachlin, Chief Justice of Canada, for her address to the Fiona M. Doherty Conference on Canada in the World: Comparative lectures and addresses Perspectives on the Canadian Constitution, Yale Law • Presenter, ACS Progressive Scholarship Workshop, Yale School, Apr. 12, 2016 Law School, Dec. 1, 2015 publications • Speaker, panel on decarceration, Liman Colloquium on • The Future of Law and Economics: Essays in Reform Moving Criminal Justice, Mar. 31, 2016 and Recollection (Yale U. Press, 2016) • Speaker, panel on legal financial obligations and polic- • OpEd, When Theory Falls Short: Leveling Economics and ing, Georgetown Law Journal Symposium, Nov. 20, Law, Phila. Inquirer, Jan. 31, 2015 2015 publications • Obey All Laws and Be Good: Probation and the Meaning of Recidivism, 104 Geo. L.J. 291 (2016) other professional highlights • Board member, Focus Forward Project, a reentry initia- tive for federal prisoners faculty activities

• Member, Criminal Justice Act Attorney Advisory Group, • “Connecticut as a Laboratory for Sustainability U.S. Court of Appeals for the Second Circuit Innovation,” Yale FES Alumni Panel, New Haven, CT, Apr. 4, 2016 Daniel C. Esty • “From Socially Responsible Investing to Sustainable lectures and addresses Investment for the 21st Century,” Dwight Hall • “From 20th Century Environmental Protection Sustainable Investing Conference, Apr. 9, 2016 to 21st Century Sustainability,” Risk Regulation publications Workshop, Wharton School of Business, University of • A Bottom-Up Approach to Clean Energy, U.S. News, Daniel C. Esty Pennsylvania, Philadelphia, PA, Oct. 27, 2015 Dec. 18, 2015, available at http://www.usnews.com/ • “Sustainable Development Goals,” Global Justice debate-club/is-the-paris-climate-agreement-a-good- Conference, New Haven, CT, Nov. 1, 2015 strategy/a-bottom-up-approach-to-clean-energy • “Environmental Performance Index as a Sustainability • Regulatory Transformation: Lessons from Connecticut’s Tool,” Yale Environmental Sustainability Summit, New Department of Energy and Environmental Protection, Haven, CT, Nov. 7, 2015 Public Administration Review (2016) • “An Evening with the Architects of the Clean Air Act,” Yale Center for Environmental Law and Policy Owen M. Fiss Roundtable, New Haven, CT, Nov. 11, 2015 lectures and addresses Owen M. Fiss • “The Road Through Paris: COP 21,” Yale School of • Book Presentations of A War Like No Other: Yale Forestry & Environmental Studies “Diverse Voices,” Senior Fellows Seminar, Nov. 12, 2015; Montgomery New Haven, CT, Dec. 1, 2015 McCracken, NYC, Mar. 7, 2016; YLS PenJerDel Alumni, • "Enabling Clean Energy Implementation through Philadelphia, Mar. 25, 2016 Policy, Technology/Innovation, and Finance,” Climate • “Impeachment in Brazil,” moderator, Yale Law School Change Conference of the Parties, Paris, France, Dec. 5, panel discussion with Oscar Vilhena Vieira, Fundacão 2015 Getulio Vargas, São Paulo, and Vera Karam de Chueiri, • “Green Investment Banks: Leveraging Innovative Professor of Constitutional Law, Universidade Federal Public Finance to Scale up Low-Carbon Investment,” de Paraná, Feb. 1, 2016 Organization for Economic Cooperation and • “At Long Last, the End of Pinochet’s Constitution in James Forman, Jr. Development, Paris, France, Dec. 7, 2015 Chile?,” moderator, Yale Law School panel discussion • “Energizing Climate Action through Broader with Jorge Contesse, Rutgers, and Sergio Verdugo, Engagement and City-Scale Climate Finance,” Yale Universidad del Desarrollo, Feb. 9, 2016 Climate Change Dialogue and C40 Side Event, Paris, publications France, Dec. 7, 2015 • The Irony of Free Speech, Peking University Press (in • “Inside the Paris Climate Agreement: How the Chinese), 2015 Negotiations Happened and What it Means for China, • The Odd Couple, 125 Yale L.J., 2016 the United States, and the World,” Yale Beijing Center, other professional highlights Beijing, China (via video link), Jan. 19, 2016 • Co-director, Latin American Legal Studies Program • “How Smart Companies Use Sustainability Strategy (LALS), Yale Law School to Innovate, Create Value, and Build Competitive • Co-director, Middle East Legal Studies Seminar Advantage,” World Business Council for Sustainable (MELSS), Yale Law School Development Leadership Program 2016, New Haven, • Co-director, Abdallah S. Kamel Center for the Study of CT, Jan. 26, 2016 Islamic Law and Civilization, Yale Law School • “Climate Change: From New Haven to Paris — and • Board member, Iran Human Rights Documentation from President Obama to Pope Francis,” Jonathan Center, New Haven Edwards College Fellows Dinner, New Haven, CT, Jan. • Board member, Iraqi Refugee Assistance Project, 28, 2016 New York • “Reflections on COP21,” Yale Climate Action Network, New Haven, CT, Feb. 3, 2016 James Forman, Jr. • “2015 Paris Climate Change Agreement: From lectures and addresses Breakdown to Breakthrough,” Pace Law School, White • “Locking Up Our Own: Crime and Punishment in Black Plains, NY, Feb. 19, 2016 America,” Faculty Workshop, Temple Law School, Oct. • “Green to Gold: The Emerging Logic of Corporate Sus­ 21, 2015 tainability,” BECA, Auckland, New Zealand, Mar. 14, 2016 • “The Worst Thing To Hit Us Since Slavery: The Crack • “The Paris 2015 Climate Change Agreement: Years in Washington, D.C.,” Faculty Workshop, Breakdown or Breakthrough?,” University of Auckland Columbia Law School, Oct. 22, 2015 Law School, Auckland, New Zealand, Mar. 14, 2016 26 27 yale law report summer 2016

• Symposium, The Wire, Yale University, Nov. 6, 2015 • “Imperfect Statutes, Imperfect Courts,” Harvard Law • Panelist, "The Other 1%," UConn Law School, Nov. 6, School Supreme Court Forum, Nov. 2015 2015 publications • Panelist, "Police Shootings," AALS, Jan. 10, 2016 • Nationalism as the New Federalism (and Federalism as • Keynote Address, “What About the Bad Kids? Why the New Nationalism): A Complementary Account (and Sentencing Reform for Non-Violent Offenders is Not Some Challenges) to the Nationalist School, St. L. L. Rev. Enough,” Mid-Atlantic Professors of Color Conference, 2015 Jan. 30, 2016 • Introduction: The New Health Care Industry— • “What Would Martin Luther King, Jr. Say? Traffic Stops, Consolidation, Integration, Competition in the Wake Heather K. Gerken Searches, and Race,” Faculty Colloquium, Harvard Law of the Affordable Care Act, Health Affairs Special School, Mar. 28, 2016 Symposium, Feb. 2016 • Panelist, "Agents of Reform," Liman Colloquium, Apr. 1, other professional highlights 2016 • Appointed by Governor Andrew Cuomo to the New other professional highlights York State Taskforce on Life and the Law, Mar. 2016 • Member, ABA Juvenile Justice Standards Taskforce • Advisor, American Law Institute, Restatement of the Oona A. Hathaway Law, Children and the Law lectures and addresses • “The U.S. Law of War Manual,” moderator, American Abbe R. Gluck Heather K. Gerken Society of International Law Annual Conference, lectures and addresses Washington, DC, Mar. 2016 • "Federalism 3.0," Faculty Workshop, Yale Law School, • “The End of the World Order,” Middle East Legal Apr. 2016 Studies Seminar, Amman, Jordan, Jan. 2016 • “The Loyal Opposition,” Law and Public Affairs Program, • “Cross Border Electronic Data Access,” Advisory Princeton University, Apr. 2016 Committee on International Law, Department of State, • "Federalism 3.0," Duke Law School Faculty Workshop, Washington, DC, Dec. 2105 Mar. 2016 • “The Worst Crime of All,” International Relations • Commentator, "Redistricting Panel," Law of Democracy Workshop, Yale University, Dec. 2015 Oona A. Hathaway Symposium, Stanford Law School, Jan. 2016 • Constitution Center’s We the People Podcast, dis- • Edward Barrett, Jr. Lecture on Constitutional Law, “The cussed relationship between international law and Real Problem with Citizens United,” UC Davis Law U.S. constitutional law with Jeffrey Rosen and Michael School, Jan. 2016 Paulson, Oct. 2015 • "Federalism 3.0," Stanford Law School Faculty • “The Rule of Law in National Security Law,” Yale-Duke Workshop, Jan. 2016 Forum on Foreign Relations Law, Duke Law School, Oct. publications 2015 • The Right to Vote: A Conversation with the Co-Chairs of • Moderated numerous events for Yale Law School the Presidential Commission on Election Administration, Center for Global Legal Challenges at Yale Law School, 159 Proceedings Am. Phil. Soc. 17 (Mar. 2015) including events featuring David Cohen (Deputy • The Real Problem with Citizens United: Campaign Director, CIA); Caroline Krass (General Council, CIA); Finance, Dark Money, and Shadow Parties, 159 Jake Sullivan (Hillary Clinton Campaign); Emma Proceedings Am. Phil. Soc. 5 (Mar. 2015) Sky (former advisor to the Commanding General of U.S. Forces in Iraq and to the Commander of Abbe R. Gluck NATO’s International Security Assistance Force in lectures and addresses Afghanistan); Matt Spence (former Deputy Assistant • Moderator, “A Conversation with Senator Chuck Secretary of Defense for Middle East Policy); Robert Schumer and Chief Judge Robert A. Katzmann on the Litt (General Counsel of the Office of the Director of Modern Congress-Court Relationship,” AALS Annual National Intelligence); and Catherine Ashton (former Conference, Jan. 2016 High Representative of the Union for Foreign Affairs • “Statutory Interpretation in the Congress, Courts and and Security Policy) States,” New York City Council, Jan. 2016 publications • “Unorthodox Lawmaking, Unorthodox Rulemaking,” • The Government’s Prepublication Review Process William and Mary Law School, Jan. 2016 is Broken, Wash. Post, Dec. 26, 2015 (with Jack • “Health Reform Five Years In,” Yale New Haven Goldsmith) Hospital, Plastic Surgery Grand Rounds, Dec. 2015 • Published several posts on Just Security and Lawfare, • “Unorthodox Lawmaking, Unorthodox Rulemaking,” including a series on pre-publication review with Jack University of Texas Law School, Nov. 2015 Goldsmith faculty activities

• Asking for Directions: The Case for Federal Courts To Use • Paper presentation: “The Right to Medicines in an Age Certification Across Borders, Yale L.J. Forum (Nov. 2015) of Neoliberalism," New York University Law School, (with Michael Wishnie) Center for Human Rights and Global Justice, New York, other professional highlights NY, Feb. 12, 2016 • Secured grant of more than $400,000 from the • Presentations on panels about drug pricing and Hewlett Foundation to support two-year interdisci- off-label drug promotion, Arizona State University plinary cyber-security initiative, to begin in Fall 2016 Law School, Conference: “Pharmaceutical Pricing • Appointed to Yale University Faculty of Arts & Sciences & Marketing: Markets versus Regulation," Tempe, Arizona, Jan. 16-17, 2016 Paul W. Kahn • Reappointed to Strategic Planning Committee, American Society of International Law • Presentation: “Public Health in the Shadow of the • Reappointed to Advisory Committee to the Legal First Amendment," Yale Law School and Yale School Adviser at the U.S. Department of State of Public Health Alumni Event, Washington, DC, Dec. 1, 2015 Paul W. Kahn • Paper presentation: “Intellectual Property and lectures and addresses Inequality," Yale Law School, ACS Conference on “Law • “The Irrelevance of Borders in Post-War International and Inequality, " New Haven, CT, Sept. 17, 2015 Law," Middle East Legal Studies Seminar, Amman, publications Jordan, Jan. 2016 • Innovation Sticks: The Limited Case for Penalizing Amy Kapczynski publications Failures to Innovate (with Ian Ayres), 81 Chi. L. Rev. • Making the Case: The Art of the Judicial Opinion 1781 (2015), available at http://lawreview.uchi- (Yale University Press, 2016) cago.edu/sites/lawreview.uchicago.edu/files/ • Scalia Brought Constitutional Law into the Political uploads/82_4/01%20AyresKapczynski_ART_Final.pdf Arena, AlJazeera.com, Feb. 14, 2016 • The Trans-Pacific Partnership — Is it Bad for Your • Sacred Violence: Torture, Terror, and Sovereignty, Health?, New Eng. J. Med., July 16, 2015, available at (Spanish translation 2015) http://www.nejm.org/doi/full/10.1056/NEJMp1506158 • Political Theology: Four New Chapters on the • Free Speech and Pharmaceutical Regulation: Fishy Concept of Sovereignty (Chinese translation 2015) Business, JAMA Internal Medicine, March 2016, avail- • Beware a Pyrrhic victory over ISIL, AlJazeera.com, Nov. able at 17, 2015 http://archinte.jamanetwork.com/article.aspx?article Id=2484907&guestAccessKey=0c386210-a639-48ca- Amy Kapczynski 8b7d-4674594b527f lectures and addresses • Resist Pressure at Any Price (with David Grewal), • Plenary Panel Presentation, “Fishy Business: The ‘Free Business Today (India), Jan. 17, 2016, available at http:// Speech’ Attack on Drug Regulation," Northeastern www.businesstoday.in/magazine/cover-story/health- Law School, Conference on The Future of Public Health, for-all-resist-pressure-at-any-price/story/227501.html Boston, MA, Apr. 15, 2016 • Interview on the health implications of the TPP, New • “A Prescription for Excessive Drug Pricing: Leveraging Eng. J. Med., available at http://www.nejm.org/action/ Patent ‘Eminent Domain’ for Health," Yale Law School, showMediaPlayer?doi=10.1056%2FNEJMp1506158&aid YLS Executive Board, New Haven, CT, Apr. 8, 2016 =NEJMp1506158_attach_1&area= • Presentation on Panel on “Human Rights Driven other professional highlights Contributions” (by Skype), UN Secretary General’s • Submission to UN Secretary General’s High Level Panel High-Level Panel on Access to Medicines, Hearing on Access to Medicines, "Realizing the Right to Health and Global Dialogue, Thought Leaders Forum on in the Context of Intellectual Property” (Feb. 26, 2016) “Promoting Innovation and Access in the Context of • Global Health Justice Practicum Report: Fear, Politics, Human Rights: Perspectives on Current Challenges and Ebola: How Quarantines Hurt the Fight Against and Future Possibilities," London, UK, Mar. 9, 2016 Ebola and Violate the Constitution (Dec. 2015) • “Trade Law’s Impact on Health," Harvard Law School, Petrie-Flom Center, Conference: “Health Law Year in Harold Hongju Koh P/Review," Boston, MA, Jan. 29, 2016 lectures and addresses • Presentation on panel, “What You Can Do Before • Comment on President John Sexton, Guido Calabresi Your Law Degree: Views From Health, Human Rights, Lecture, St. Thomas More House, Yale University, Oct. and Immigration Law," Yale Law School, Rebellious 15, 2015 Lawyering Conference, New Haven, CT, Feb. 19, 2016 • Keynote Speech, “Reflections on the 25th Anniversary of Haitian Centers Council v. Sale,” New York Law School, Oct. 16, 2015 28 29 yale law report summer 2016

• “The War Powers and Humanitarian Intervention,” • The People, Interview with HanYang Law Review, 2015 2015 Frankel Lecture, Houston Law Review 971, Han Yang L. Rev. 97 (2015) Houston, Texas, Nov. 6, 2015 • The Legal Adviser’s Duty to Explain, in The Role of • “The War Powers and Humanitarian Intervention,” Legal Advisers in International Law (Andraz Zidar & Boston University Law School, Boston, MA, Nov. 11, Jean-Pierre Gauci eds., 2016) 2015 • Rapporteur’s Report, Global Migration Crisis: Its • “The War Powers and Humanitarian Intervention,” Challenges to the United States, Europe and Global American Constitution Society Discussion Group on Order, Richard C. Holbrooke Forum at the Brookings Progressive Legal Scholarship, Yale Law School, Nov. 10, Institution, available at http://www.americanacad- Harold Hongju Koh 2015 emy.de/home/program/past/global-migration- • “Interpretation of International Law by Domestic crisis-0. Courts,” Permanent Mission of Germany to the United other professional highlights Nations, New York, Nov. 3, 2015 • Distinguished Visiting Professor, Jan. Term 2016, • Member of the Faculty, NYU-Columbia Judges’ William S. Richardson School of Law, University of Seminar on International Human Rights Law, Hawaii at Manoa, Honolulu, HI Greentree, NY, Nov. 13-14, 2015 • Delivered: “Tobacco Control as a Global Public Health • Keynote Lecture, “The Power of Arbitrators in the and Human Rights Imperative,” at Harvard University Interpretation of Investment Treaty Provisions,” with Dr. Howard Kyongju Koh, Harvard School of Douglas A. Kysar Conference on Treaty-Making in Investment Law, Public Health; co-sponsored by Human Rights Investment Arbitration Institute, Washington, DC, Nov. Program, Harvard Law School, Carr Center, Kennedy 20, 2015 School of Government, Francis Xavier Bagnoud • Co-Chair, “Global Migration Crisis: Its Challenges to Human Rights Program, Harvard School of Public the United States, Europe and Global Order,” Richard Health, Apr. 4, 2016 (first joint public presentation C. Holbrooke Forum at the Brookings Institution, with elder brother since elementary school) Washington, DC, Feb. 3–6, 2016 • Class Hypothetical on Head-of-State Immunity • “The Emerging Law of 21st Century War,” Keynote Misunderstood: by N.Y. Post, available at http:// Address, The 2016 Randolph W. Thrower Symposium pagesix.com/2016/03/14/yale-students-excited- John H. Langbein on “Redefined National Security Threats: Tensions and over-possible-prince-harry-enrollment/, and Daily Legal Implications,” Emory Law School, Atlanta, GA, Mail, available at http://www.dailymail.co.uk/news/ Feb. 11, 2016 article-3493063/Is-Prince-Harry-going-study-law- • “International Law as Smart Power,” Max SØrensen Yale-Big-buzz-campus-rumors-swirl-students.html to Lecture of 2016, University of Aarhus, Aarhus, mean that HRH Prince Harry was planning to enroll in Denmark, Feb. 18, 2016 Yale Law School Class of 2019 • “Finalizing The Crime of Aggression,” German House, New York, NY, Feb. 23, 2016 Douglas A. Kysar • “What Should We Do in Syria?,” 2016 Raoul Wallenberg lectures and addresses Lecture, Centre for Human Rights and Legal Pluralism, • "Living with Owning: Property, Community, and McGill University Law Faculty, Montreal, Canada, Mar. the Zanesville, Ohio Animal Massacre," Harris 17, 2016 Lecture, Indiana University Maurer School of Law, • Keynote speaker, Brookings Institution, The Hague Bloomington, IN, Apr. 6, 2016 Institute for Global Justice, “The Emerging Law of 21st publications Century War,” Third Annual Justice Stephen Breyer • Products Liability: Problems and Process (8th ed., Lecture on International Law, Washington, DC, Apr. 1, Aspen Publishers, 2016) (with James A. Henderson, Jr. 2016 & Aaron Twerski) • “The Crime of Aggression,” Columbia Law School other professional highlights Colloquium on International Criminal Law, New York, • Class of 1941 Wells Scholars Visiting Professor, Indiana Apr. 8, 2016 University • “The International Court of Justice at 70,” ABA International Law Section Annual Meeting, New York, John. H. Langbein NY, Apr. 14, 2016 lectures and appearances publications • Lecture, “What Prudence Requires,” Federated • The War Powers and Humanitarian Intervention: 2015 Investors Symposium on Fiduciary Status under ERISA, Frankel Lecture, 53 Houston L. Rev. 101 (2016) New York City, Nov. 19, 2015 • The Legal Adviser’s Duty to Explain, 41 Yale J. Int’l Law 189 (2016) faculty activities

• Participated in Pension Policy Conference, American • One Way to Unrig Stock Trading, N.Y. Times, Dec. 24, Bar Association, Joint Committee on Employee 2015 (with David Swensen) Benefits, Baltimore, MD, Mar. 30-31, 2016 • The Rise of Crony Capitalism, in Defining Ideas, A public service Hoover Institution Journal, available at http:// • Commissioner, National Conference of Commissioners www.hoover.org/research/rise-crony-capitalism, Feb. on Uniform State Laws; Attended Meetings of 11, 2016 Drafting Committees on Principal and Income Act, other professional highlights Dallas, TX, Feb. 26-27, 2016; Divided Trusteeship, • Guest Contributor, Harvard Corporate Governance Anika Singh Lemar Chicago, IL, Apr. 1-2, 2015 Blog • Member, Bipartisan Policy Center (BPC) Financial Anika Singh Lemar Regulatory Reform Initiative’s Working Group on lectures and addresses Capital Markets • Panelist, 14th Annual State Budget Forum, sponsored • Member, Economic Advisory Board, Financial Industry by Connecticut Voices for Children, Hartford, CT, Feb. 3, Regulatory Authority (FINRA) 2016 • Chair, Yale University Advisory Committee on Investor • “Legal Obligations to Advance Housing Opportunity,” Responsibility presentation before the Housing Committee of the • Member, Yale Committee on Athletics • Board of Managers, St. Thomas’s Day School Yair Listokin Connecticut General Assembly, sponsored by the Open Communities Alliance, Hartford, CT, Feb. 29, 2016 • Board of Directors, Yale Youth Hockey Association publications • CT Blowing Chance to Fix Property Tax Problem, Daniel Markovits Hartford Courant, Apr. 2, 2016 lectures and addresses • University of Amsterdam, Centre for the Study Yair Listokin of European Contract Law, “Snowball Inequality: lectures and addresses Meritocracy and the Crisis of Capitalism,” Apr. 2014 • “What Happened to Macro in Law and Economics," • Wissenschaftskolleg zu Berlin, Workshop on Shibley Family Fund Professorship of Law Inaugural Evolutionary Medicine, Panelist on Social, Economic, Jonathan R. Macey Lecture, Nov. 12, 2015 and Legal Aspects of Evolutionary Management of • “Corporate Law During a Financial Crisis," Boston Disease, Apr. 2014 University School of Law • EUI Florence, Max Weber Institute, “Revisiting publications the Classics: A 21st Century View on Adam Smith,” • Abolish Tax Day, Boston Globe, Apr. 3, 2016 Concluding Lecture, Price, Exchange, and the Solidarity of the Market, May 2014 Jonathan R. Macey • Leopoldina (Nationale Akademie der Wissenschaften lectures and addresses Deutschlands), Das Ökonomische Menschenbild, • Economic Advisory Committee of the Financial Kommentar zum Ökonomischen Ansatz in den Industry Regulatory Authority (FINRA), Jan. 12, 2016 Rechtswissenschaften, May 2014 • Public Meeting, Yale Advisory Committee on Investor • Ruhr-Universität Bochum, Faculty of Law Workshop, Responsibility, Jan. 26, 2016 “Market Solidarity,” May 2014 • Conference on the Contractual Theory of Corporate • Kyiv, Ukraine, “Thinking Together, When Do Politicians Law, George Mason Law School, "Jurisdictional Become Pariahs?,” May 2014 Competition for Corporate Charters," Jan. 21, 2016 • Free University Berlin and Justicia Amplificata Center • Conference on the Contractual Theory of the for Advanced Studies, Colloquium on Practical Corporation, George Mason Law School, "Insider Philosophy, “Market Solidarity,” May 2014 Trading," Jan. 21, 2016 • Humboldt-Universität zu Berlin, Faculty of Law, Faculty • Panel Discussion on “Wasting a Crisis: Why Securities Lunch, “Snowball Inequality: Meritocracy and the Regulation Fails,” The University of Virginia Law Crisis of Capitalism,” May 2014 School, Apr. 6, 2016 • Humboldt-Universität zu Berlin, Faculty of Law, publications Seminar, “The Myth of Efficient Breach,” May 2014 • Beware of Banking Animus, in Defining Ideas, A • Salon Polarkreis, “Snowball Inequality: Meritocracy Hoover Institution Journal, available at http:// and the Crisis of Capitalism,” May 2014 www.hoover.org/research/beware-banking-animus, • Berlin Inter-University Inter-Disciplinary Colloquium Jan. 5, 2016 (reprinted in Hebrew in the Tel Aviv news- on the Theory of Markets, “Market Solidarity,” May paper Haaretz) 2014 30 31 yale law report summer 2016

• Deutsch-Amerikanische-Juristen-Vereinigung, Berlin, • International University College of Turin, “Remedies for “What Are Lawyers For?,” June 2014 Breach of Contract,” Mar. 2015 • Berliner Seminar, Recht im Kontext, “Snowball • Yale Center for the Study of Private Law, “Consumer Inequality: Meritocracy and the Crisis of Capitalism,” Arbitration at a Crossroads,” Apr. 2015 June 2014 • Yale Law School, Faculty Workshop, “Snowball • Yale-Humboldt Consumer Law Lecture, “Sharing Ex Inequality: Meritocracy and the Crisis of Capitalism,” Ante and Sharing Ex Post: The Non-Contractual Basis Apr. 2015 of Fiduciary Law,” June 2014 • Yale University Institution for Social and Policy • Universidad de Chile Faculty of Law, Law and Studies and Washington Center for Equitable Growth, Daniel Markovits Economics Symposium, “Snowball Inequality: Conference on Inequality, Politics, and Prosperity: Meritocracy and the Crisis of Capitalism,” June 2014 Research & Remedies, Challenges to Shared Prosperity, • Yale Club of Chile, “Snowball Inequality: Meritocracy Apr. 2015 and the Crisis of Capitalism,” June 2014 • Yale Law School Commencement Address, “A New • Universidad de Chile Faculty of Law, Private Law Aristocracy,” May 2015 Symposium, “Sharing Ex Ante and Sharing Ex Post: The • Yale Center for the Study of Private Law, “Private Law Non-Contractual Basis of Fiduciary Law,” June 2014 and Public Order,” June 2015 • Deutsch-Amerikanische-Juristen-Vereinigung publications und Handelskammer Hamburg, 7th Hamburg • Ending Excessive Police Force Starts with New Rules of Jerry L. Mashaw International Media Law Forum, “Data Protection and Engagement (with Ian Ayres), Wash. Post, Dec. 25, 2014 the Media,” June 2014 • What are Lawyers For?, 47 Akron L. Rev. 135 (2014) • 6th International Legal Ethics Conference, London, (keynote speech at Miller-Becker Ethics Symposium), “Professional Ethics for Government Lawyers,” July 2014 republished in the journal of the German-American • Max-Planck-Institut für Ausländisches und Lawyers’ Guild Internationales Privatrecht, Hamburg, “Sharing Ex • Good Faith as Contract’s Core Value, in The Ante and Sharing Ex Post: The Non-Contractual Basis Philosophical Foundations of Contract Law (OUP of Fiduciary Law,” July 2014 2014) • Money Talks Symposium, Yale University Department • Sharing Ex Ante and Sharing Ex Post: The Non- of Sociology, “Economic Inequality and the Meaning of Contractual Basis of Fiduciary Relations, in The Money,” Sept. 2014 Philosophical Foundations of Fiduciary Law (OUP • Opening Address, 30th Congress of Business Law, 2014) Universidad Externado de Colombia, Medellin, • Authority, Recognition, and the Grounds of Promise, in Colombia (via video link), “The Myth of Efficient Jurisprudence: An International Journal of Legal Breach,” Oct. 2014 and Political Thought, 6:2, 349-356 (2015) (sym- • Universität zu Köln Faculty of Law, Graduiertenschuhle posium on David Owens, Shaping the Normative Einfühurungswoch Keynote Lecture, “Market Landscape) Solidarity,” Nov. 2014 • Ökonomische Ungleicheit, Ein Beitrag aus den USA, • Unversität zu Bonn Faculty of Law and Max Planck PolarKreis 2014 Institute for Research on Collective Goods, Law and • Theories of the Common Law of Contract, in Stanford Economics Workshop, “The Distributional Preferences Encyclopedia of Philosophy of an Elite,” Nov. 2014 • The Distributional Preferences of an Elite (with • Program in the Study of Capitalism, Harvard University, Raymond Fisman & Shachar Kariv), Science, “Snowball Inequality: Meritocracy and the Crisis of 349,aab0096 (2015). DOI:10.1126/science.aab0096 Capitalism,” Dec. 2014 • Faculty Workshop, University of Arizona School of Jerry L. Mashaw Law, “Snowball Inequality: Meritocracy and the Crisis lectures and addresses of Capitalism,” Feb. 2015 • "Reasoned Administration” at “Workshop on Professor • Center for Law and Philosophy, University of Arizona, Jerry Mashaw’s draft book: “Reasoned Administration,” • “Snowball Inequality: Meritocracy and the Crisis of University of Auckland Law School, Auckland, New Capitalism,” Feb. 2015 Zealand, Feb. 11, 2016 (with commentators from • Angelini Seminar, Turin, “Market Solidarity: Price as Auckland, Canterbury, Otago and Victoria University Commensuration, Contract as Integration,” Mar. 2015 law schools) • International University College of Turin, “Snowball • “Reasonableness, Accountability, and the Control Inequality: Meritocracy and the Crisis of Capitalism,” of Administrative Policy," Faculty Workshop, Victoria Mar. 2015 University Law School, Wellington, New Zealand, Feb. 18, 2016 faculty activities

• “Public Reason and Administrative Legitimacy," • Keynote Address, “Police Reform and Public Security," Distinguished Speaker Series, University of Sydney University of Chicago Legal Forum, Nov. 6, 2015, avail- Law School, Sydney, NSW, Australia, Mar. 3, 2016 able at http://www.c-span.org/video/?400047-1/ • “Methodology and Scholarship in Administrative Law," discussion-police-reform-public-security Junior Faculty Workshop," University of Sydney Law • “Building Trust and Legitimacy Toward Effective School, Sydney, NSW, Australia, Mar. 4, 2016 Community Policing," SIU School of Medicine and SIU • “Reasoned Administration," College Seminar on Book School of Law 21st Century Policing Symposium, Nov. Draft, Australian University College of Law, Canberra, 13, 2015, available at http://siumed.zenfolio.com/law/ Tracey L. Meares ACT, Australia, Mar. 10, 2016 (with commentators from h692a932f#h692a932f ANU, Melbourne, and Monash University law schools) • Keynote Speaker, “Thoughts on 21st Century Policing,” • “Taming Reasonableness Review,” presented at a ACLU of Springfield, IL, at University of Illinois- program on “Judicial Review for Reasonableness in Springfield, Nov. 14, 2015 Australian and US Administrative Law,” in dialogue • National Initiative for Building Community Trust & with The Honorable Robert French AC, Chief Justice of Justice Research Roundtable (with Tom Tyler), Yale Law the High Court of Australia, sponsored by Australian School, Dec. 2-3, 2015 University and the Australian Academy of Law, • “The Empirics of Legal Interpretation,” AALS Law and Canberra, ACT, Australia, Mar. 15, 2016 Interpretation Section, New York, Jan. 9, 2016 Noah A. Messing • “The Inside Out Perspective: A First Person Account," • “Restoring Police Legitimacy,” Harvard Law School, Master Class on Research Methods for Junior Apr. 13, 2016, available at https://www.hks.harvard. Faculty and Graduate Students, Australian National edu/news-events/events-calendar/restoring-police- University College of Law, Canberra, ACT, Australia, legitimacy Mar. 17, 2016 publications • “Reasoned Administration and Democratic • Comprehensive Criminal Procedure, 4th edition Legitimacy," lecture sponsored by the Public Law and (Wolters Kluwer, 2016) (with Ronald Allen, William Policy Research Unit, Adelaide University Law School Stuntz, Joseph Hoffman, Debra Livingston & Andrew and the Australian Institute of Administrative Law, Leipold) South Australian Chapter, Adelaide, SA, Australia, Mar. • Criminal Procedure: Investigation and Right to John D. Morley 22, 2016 Counsel, 3rd edition (Wolters Kluwer, 2016) (with • “Public Reason and Administrative Legitimacy," lecture Ronald Allen, William Stuntz, Joseph Hoffman, Debra sponsored by University of Western Australia Law Livingston & Andrew Leipold) School and the Australian Institute of Administrative • Criminal Procedure: Adjudication and Right to Law, Western Australia Chapter, University of Western Counsel, 2nd Edition (Wolters Kluwer, 2016) (with Australia, Perth, WA, Australia, Mar. 30, 2016 Ronald Allen, William Stuntz, Joseph Hoffman, Debra publications Livingston & Andrew Leipold) • Public Reason and Administrative Legitimacy, in John • Policing in the 21st Century, in Ferguson’s Fault Lines, Bell, et.al. eds., Public Law Adjudication in Common (Kimberly Jade Norwood ed., 2016) Law Systems: Process and Substance 11-22 (Hart Other Professional Highlights Publishing, 2016) • Associate Reporter for American Law Institute other professional highlights Principles in Investigative Policing • Public Member, Administrative Conference of the • Member, National Academy of Sciences Committee United States, Executive Office of the President, on Proactive Policing—Effects on Crime, Communities, Washington, DC and Civil Liberties • Distinguished Visiting Professor, Australian National • Editorial Board, Annual Review of Criminology University, Canberra Australia Noah A. Messing Tracey L. Meares lectures and addresses lectures and addresses • Victorian Bar, Melbourne, “How to Write Effectively for • Keynote address, "Justice System Breakdown: The Courts,” Oct. 14, 2015 Need and the Time for Change in Illinois," John • Victorian Bar, Melbourne, “Advanced Techniques for Howard Association's annual meeting in Chicago, Using Facts in Submissions,” Oct. 16, 2015 Nov. 5, 2015, available at https://www.facebook. com/426945720738370/photos/pb.426945720738370.- 2207520000.1456955468./737106593055613/?type=3 32 33 yale law report summer 2016

John. D. Morley J. L. Pottenger Jr. lectures and addresses professional highlights • Paper presentation, “The Common Law Corporation: • Awarded “Equal Access to Justice Award” by New The Power of the Trust in Anglo-American Business Haven Legal Assistance Association (with Steven History," University of Chicago Law and Economics Wizner) Workshop • Mortgage Foreclosure Litigation Clinic launched a other professional highlights pioneering “limited scope retainer” pilot project. Yale • Appointed Professor of Law Law School students provided same-day, in-court Nicholas R. Parrillo • Reporter, Uniform Law Commission's Directed Trust legal representation to pro se homeowners facing Act foreclosure in New Haven. After depositions and motion practice, the Clinic settled affirmative cases Nicholas R. Parrillo and counter-claims against several banks, recovering lectures and addresses more than $100,000 for the Clinic’s clients. The Clinic’s • “The Endgame of Administrative Law: Disobedient record on their recent bevy of amicus briefs is one win Agencies and the Judicial Contempt Power”: Chicago- (Connecticut); one still undecided (Florida); and losses Kent College of Law Faculty Workshop, Mar. 1, 2016; in both Maine and the Supreme Court of the United American Bar Foundation Research Seminar, Chicago, States. Clinic students also succeeded in shepherding IL, Mar. 2, 2016 several innovative foreclosure reforms through the Jean Koh Peters • Moderator, Conference on the Second Hoover Connecticut Legislature. Commission's 60th Anniversary and Lessons for • Landlord-Tenant Clinic won dismissal of evictions Regulatory Reform, Hoover Institution, Washington, against several clients, and is defending one of those DC, Mar. 16, 2016 victories on appeal. other professional highlights • Faculty Excellence Award, awarded by Yale Law Claire Priest Women to one YLS faculty member each year for out- publications standing teaching and mentorship • The Stamp Act and American Institutional and Economic History (with Justin du Rivage), 88 S. Cal. L. Robert C. Post Jean Koh Peters Rev. (2015) lectures and addresses • The End of Entail: Information, Institutions, and Slavery • “Opening Address: Experiences of a Legal in the American Revolutionary Period, 33 Law & Representative,” International Multidisciplinary History Rev. 277 (2015) Workshop on Voices, Choices and Law—Weighing other professional highlights Children’s Views in Justice Proceedings, Liverpool Law • Oscar M. Ruebhausen grant to Study Cuban Slavery School, University of Liverpool, Nov. 5, 2015 in the Sugar Industry and Current Cuban Economic other professional highlights Reforms • Society of American Law Teachers (SALT) Great Teacher Award, co-recipient with Susan J. Bryant, CUNY Law George L. Priest J. L. Pottenger Jr. School, Jan. 8, 2016 lectures and addresses • Introduced the Prime Minister of the State of Israel, Robert C. Post Benjamin Netanyahu, at the Annual Dinner of the lectures and addresses American Enterprise Institute, Washington, DC • “Off-Label Marketing, First Amendment, and Policy," • Attended the Yale Law School Middle East Legal Arizona State University, Phoenix, Jan. 16, 2016 Studies Seminar, “100 Years after Sykes-Picot: Borders • “Academic Freedom and Freedom of Speech,” and the Cartography of Power in the Middle East,” Columbia Law School, Feb. 25, 2016 Amman, Jordan • “The Lives of Others,” New-York Historical Society, Feb. publications Claire Priest 26, 2015 • The Uncertain Welfare Effects of Railroad Competition publications and Railroad Regulation, 1870-1900, Yale Program • RFRA and First Amendment Freedom of Expression, 125 for Studies in Law, Economics and Public Policy, Yale L.J. Forum 387 (2016), available at http://www. Research Paper Series, Paper No. 537; forthcoming, J. yalelawjournal.org/pdf/Post_PDF_n8od1gcw.pdf Competition L. & Econ. (2016) • Remarks for Robert Burt, 125 Yale L.J. 797 (2016) other professional highlights •Ex officio member of the board, Connecticut Supreme Court Historical Society George L. Priest faculty activities

W. Michael Reisman • Co-convener: Thinking about “Federalism(s) Beyond publications the United States Experience,” for the conference co- • Babel and BITs: Divergence Analysis and Authentication sponsored by Université Panthéon-Assas, University in the Unusual Decision of Kiliç v. Turkmenistan (with of Montréal, University of Queensland, Universität Mahnoush H. Arsanjani), in Practising Virtue: Inside Konstanz, and Yale Law School, paper presented, International Arbitration (D. Caron et al, eds.) "Accommodations, Discounts, and Displacement: The (Oxford University Press, p. 407-424, (2015)) Variability of Rights as a Norm in Federalism(s), on the • Applicable Law under the ICSID Convention: The panel Federalism, Democracy, and Rights, Yale Law W. Michael Reisman Tortured History of the Interpretation of ICSID Article School, Oct. 29-31, 2015 42: Wena Hotels v. Egypt, ICSID Case No. ARB/98/4, • Presenter: Time in Cell: Courts, Prisons, and Restrictive Award and Decision on Annulment (with Mahnoush Housing, 2015 Ninth Circuit Corrections Summit: H. Arsanjani), in Building International Investment Collaborating on Common Concerns, Sacramento, CA, Law: The First 50 Years of ICSID (M. Kinnear et al eds.) Nov. 4, 2015 (International Centre for Settlement of Investment • Presenter: The Challenges of Preserving Access to Disputes (ICSID), Kluwer Law International, p. 3-11, Public Courts, for the conference: Making Justice (2016)) Accessible, American Academy of Arts & Sciences, other professional highlights Cambridge, MA, Nov. 12, 2015 Judith Resnik • Attended and delivered Keynote Address entitled • Participant: The American Law Institute, Project on “Development: A Contextual and Value-Oriented Sexual and Gender-Based Misconduct on Campus: Perspective” at the 2015 Annual Institute Society of Procedural Framework and Analysis, New York, NY, Nov. Policy Scientists “Integrative Development for Human 19, 2015 Dignity,” World Bank, Washington, DC, Nov. 12, 2015 • Presenter: Federalism and Constitutional Pluralism: • Attended the International Arbitration Institute (IAI) Essentializing and Discounting Rights in the United Conference on “Treaty-Making in Investment Law,” States and Europe, on panel: Transnational Judicial Washington, DC, Nov. 20, 2015 Interactions and Methods of Decision-Making, Max • Attended and delivered Inaugural Address and deliv- Weber Conference: The Power of Constitutionalizing ered Keynote Speech, “Some Observations on a Policy- Courts in a Globalizing World (Part II), NYU, New York, Oriented Inquiry About Development” at the 7th Dec. 4, 2015 International Conference on the New Haven School • Moderator: Government and Private Defendants, Fifth of Jurisprudence entitled “The New Haven School and Annual Immigration Litigation Roundtable, Contemporary International Law,” Dec. 21-22, 2015, in Yale Law School, Dec. 12, 2015 Zijingang Campus, Zhejiang University, Hangzhou, • Presenter: paper, “Unavailing Courts, the (In)Effective China Vindication of Rights, and our 'Common Intellectual • Attended the 110th American Society of International Heritages',” Section on Federal Courts honoring Daniel Law (ASIL) 2016 Annual Meeting, Washington, DC, Mar. Meltzer; 30-Apr. 2, 2016 —Moderator: Discussion of Potential Class Action • Attended and Delivered Keynote Speech enti- Reforms with the Advisory Committee on Civil Rules tled “Negotiating Bilateral Investment Treaties: for Section on Civil Procedure; Mechanisms for Anticipating and Controlling Textual —Co-presenter: "Why Eyes? Blindfolded Justices, Color- Drift,” at the International Arbitration Institute blind Constitutions, and the Problem of Judgment" (IAI) Conference “Treaty-Making in Investment Law,” (with Dennis Curtis) for panel on Law and Images, London, Apr. 19, 2016 Section on Law and the Humanities, American Association of Law Schools, New York, NY, Jan. 8-9, 2016 Judith Resnik • Co-presenter: Testimony about the 2016 American lectures and addresses Correctional Association, Restrictive Housing Proposed • Presenter: "The Contingency of Courts," for panel Revisions (with Sarah Baumgartel) to Members of the on Barriers to Justice: Inequities in Litigation and Standards Committee and Members of the Restrictive Procedure, Conference on Law and Inequality, Yale Law Housing Ad-Hoc Standards Committee, New Orleans, School, Oct. 17, 2015 LA, Jan. 22, 2016 • Participant: Topical Working Group on the Use of • Co-presenter: Administrative Segregation, 2015-2016 Administrative Segregation in the U.S., National Survey Results (with Sarah Baumgartel, Olevia Boykin, Institute of Justice, Washington, DC, Oct. 22-23, 2015 Corey Guilmette, Tashiana Hudson, Diana Li & Hava Mirrell) to the Association of State Correctional Administrators Winter Meetings, New Orleans, LA, Jan. 23, 2016 34 35 yale law report summer 2016

• The Ainsworth Lecture: “Incarceration, Isolation, and • Time-In-Cell: Isolation and Incarceration (with Sarah the Courts,” Loyola College of Law, New Orleans, LA, Baumgartel & Johanna Kalb), 125 Yale L.J. F. 212 (2016), Jan. 25, 2016 available at http://www.yalelawjournal.org/forum/ • Public Lecture: “Courts in Democracies: Their Novelty time-in-cell-isolation-and-incarceration and Vulnerability," Phi Beta Kappa Visiting Scholar, • The Contingency of Openness in Courts: Changing the Presentation, “Time-In-Cell,” for the Seminar, Law and Experiences and Logics of the Public’s Role in Court- Social Change, St. Joseph’s University, Philadelphia, PA, Based ADR, 15 Nevada L.J., 2015 Jan. 28, 2016 other professional highlights • Presenter: “Incarceration, Isolation, and the U.S. • Reappointment, Order of the Coif Biennial Book Award Cristina Rodríguez Courts,” for a seminar at the Conseil d’État, Paris, Committee, 2016-2018 France, Mar. 7, 2016 • Presenter and commentator/scholar in residence: Cristina Rodríguez Seminars on Clinical Education and on Regulatory lectures and addresses Authorities and ADR, Université Paris-Dauphine, Mar. • "Is President Obama's Immigration Policy Against the 8, 11, 2016 Law?," We the People Podcast, National Constitution • Presenter: “Aspiring States: Constitutional Identities Center, Philadelphia, PA, Apr. 2016 of Sovereignty’s Officialdom,” conference on • “United States v. Texas and the President’s Transnational Sovereignties: Constellations, Processes, Constitutional Duty to Enforce the Law,” Migration Roberta Romano Contestations, Transnational Law Institute, King's Policy Institute, Washington, DC, webinar, Apr. 2016 College London, Mar. 18, 2016 • “The President and Immigration Law” (book manu- • Presenter: “The Contingency and Fragility of Courts script): University of Virginia Law School, Mar. 2016; as Egalitarian, Public, Subsidized Institutions,” UCL University of Southern California Gould School of Law, Seminar on the Privatization of Courts, University Apr. 2016; Yale Law School Faculty Workshop, Apr. 2016; College London, Mar. 21, 2016 Ethics at Noon, Centre for Ethics, University of Toronto, • Presenter: “Time-in-Cell: Administrative Segregation Apr. 2016 in U.S. Prisons," at Talking about Segregation: A • "Has the President Gone Too Far on Immigration?," The Roundtable on the Uses of Segregation in the United National Constitution Center, Philadelphia, PA, Feb. States and in Wales, Prison Reform Trust, London, 2016 England, Mar. 22, 2016 • “Policy-making through Enforcement—Immigration • Speaker: “Social Change Through Scholarship,” a Yale Law and Beyond,” The Wythe Lecture, William & Mary Law Journal Speaker Series, Yale Law School, Mar. 30, College of Law, Nov. 2015 2016 • “The President and Immigration Law Redux," paper • Co-convener: “Moving Criminal Justice," Arthur presentation, Northwestern Law School, Nov. 2015 Liman Public Interest Program Nineteenth Annual • “Federalism and National Consensus,” paper presenta- Colloquium, and Moderator, "A Moment for Reform?," tion, University of Toronto Faculty of Law, Nov. 2015 Yale Law School, Mar. 31-Apr. 1, 2016 publications • Public Lecture: “Courts in Democracies: Their Novelty • Complexity as Constraint, 115 Colum. L. Rev. Sidebar 179 and Vulnerability," Phi Beta Kappa Visiting Scholar, (2015) Seminar participants in seminars: LGBT Politics and History; The Politics of Sex; Democratic Theory; Roberta Romano University of Vermont, Burlington, VT, Apr. 6-7, 2016 lectures and addresses • Presenter: "Not Isolating Isolation: Solitary • Clarendon Law Lectures, University of Oxford Confinement in a Broader Perspective," at the confer- Faculty of Law, “Sunsetting the Iron Law of Financial ence: International and Interdisciplinary Perspectives Regulation: Lecture 1: The Iron Law of Financial on Prolonged Solitary Confinement, University of Regulation; Lecture 2: This Time is Not Different; Pittsburgh Law School, Apr. 15, 2016 Lecture 3: Getting Financial Regulation Back on Track” publications • University of Pennsylvania Institute for Law and • Why Eyes? Cautionary Tales from Law’s Blindfolded Economics Corporate Roundtable, “The Private Justice (with Dennis E. Curtis), in Blinding as a Ordering Solution to Multiforum Shareholder Solution to Bias in Biomedical Science and the Litigation” Courts: A Multidiciplinary Approach, Aaron • AALS Annual Meeting Business Associations and Law Kesselheim & Christopher Robertson eds. (Elsevier and Economics Joint Program on “The Corporate Law Press, 2016) and Economics Revolution 40 Years Later: The Impact of Economics and Finance Scholarship on Modern Corporate Law” faculty activities

• NYU Law & Economics Colloquium, “The Private publications Ordering Solution to Multiforum Shareholder • Corruption and Government: Causes, Litigation” Consequences and Reform, Second Edition, co- • Santa Fe Institute Workshop on New Approaches to authored with Bonnie Palifka, Cambridge UK: Financial Regulation, Panel on “A Legal and Regulatory Cambridge University Press, 2016 Perspective on Proposed Changes” • The Limits of Cost/Benefit Analysis When Disasters other professional highlights Loom, Global Policy (2016) GPOL12279 (online journal) • AALS Section on Business Associations 2016 Annual other professional highlights Carol M. Rose Meeting, Honored for Exemplary Mentorship • Honorary Doctoral Degree, University of Maastricht, Netherlands Carol M. Rose lectures and addresses David N. Schleicher • “Raisin, Race, and the Real Estate Revolution of the lectures and addresses Early 20th Century,” Conference on Money in Law and • “The Boundary Problem, Or What Election Law Can Literature, University of Chicago Law School, Feb. 19, Learn from Local Government Law,” Association of 2016 American Law Schools Annual Meeting, New York, Jan. • “Saving the Neighborhood: Racially Restrictive 8, 2016 Susan Rose-Ackerman Covenants, Law, and Social Norms,” Symposium • “Like Uber, But for Local Government Law: The on A City Divided: Housing Polarization in St. Louis, Future of Local Regulation of the 'Sharing Economy',” Missouri History Museum, St. Louis, MO, Mar. 5, 2016 Association of American Law Schools Annual Meeting, • “Raisin, Race and the Real Estate Revolution of the New York, Jan. 9, 2016 Early 20th Century,” Faculty Workshop, Florida State • “The Sharing Economy, Internet, and Municipal University Law School, Mar. 23, 2016 Regulation,” NYU Annual Survey of American Law • “Commons, Cognition, and Climate Change,” Symposium, New York, Feb. 26, 2016 Distinguished Environmental Lecture, Florida State publications University Law School, Tallahassee, FL, Mar. 23, 2016 • Like Uber, But for Local Government Law: The Future of • “Climate Change and Land Use Policy,” conference on Local Regulation of the 'Sharing Economy', 76 Ohio St. David N. Schleicher Cityscapes: A Comparative Land Use Conference, Yale L. J. 901 (2015) Law School, New Haven, CT Apr. 2, 2016 • The Irony of Exclusionary Zoning, in The New • Attended Foundation Editorial Board Meeting, San Entrepreneurial Growth Agenda (Kauffman Francisco, CA, Nov. 6-7, 2015 Foundation Books, 2016) publications • Can ‘Planning’ Deregulate Land Use?, Regulation • Racial Covenants and Housing Segregation, Yesterday Magazine 24 (2015) (with Roderick J. Hills Jr.) and Today (with Richard R. W. Brooks), in Race and Real Estate (Adrienne Brown & Valerie Smith eds., Oxford, Peter H. Schuck 2015) lectures and addresses Peter H. Schuck • Markets, Morals and Guido Calabresi’s The Future of • "The Administrative State and Its Discontents," Law and Economics (review essay), Symposium on remarks at Transnational Law Forum, George Mason The Future of Law and Economics, in Concurring University Law School Opinions blog, Feb. 4, 2016 • "Refugee Burden-Sharing," William & Mary Law School (by Skype) Susan Rose-Ackerman • "Birthright Citizenship," Oasis dinner discussion group, lectures and addresses New York University • Panel chair, conference in memory of Natasha • "Refugee Burden-Sharing," program on immigrant Chichilnisky-Heal, Department of Political Science, integration, City University of New York Yale • "Disasters," summary comments on presentations, • Panel chair, YLS Conference on Federalism(s) and University of Pennsylvania Law School Fundamental Rights: Europe and the United States • "Municipal Liability in the Flint, MI, Disaster," Berkeley Compared, Yale Law School, Oct. 31, 2015 Law School • Book launch for Greed, Corruption and the Modern • "Faculty Diversity," Federalist Society, Berkeley Law State (volume edited by Susan Rose-Ackerman & Paul School Lagunes), School of International and Public Affairs, • "Why Government Fails So Often, and How It Can Do Columbia University, New York, NY Better," Southwestern Law School, Los Angeles • "The Case for Profiling," Berkeley Law School 36 37 yale law report summer 2016

• "Is Government Broken?," comments at conference at • “Critical Perspectives on the Court’s Same-Sex University of Pennsylvania Law School Marriage Decision in Obergefell v. Hodges,” Yale Law publications Women Critical Theory Series, Yale Law School, Nov. 4, • James Q. Wilson and American Exceptionalism, 2015 National Affairs, Winter 2016, pp. 135-53 • “Conscience Wars in Transnational Perspective: • What the President of Yale Should Have Said, avail- Religious Liberty and Pluralism,” Conference on Law, able at https://urldefense.proofpoint.com/ Religion, and Politics in Global and Comparative v2/url?u=http-3A__www.mindingthecampus. Perspective, Yale Law School, Nov. 6, 2015 Vicki Schultz org_2015_11_&d=AwIF-g&c=-dg2m7zWuuDZ0MU • “Roe and the Backlash Question,” Guttmacher cV7Sdqw&r=0HaJez6Q9GIMk0mcbN72S1tHF5OEb Institute, New York, NY, Dec. 15, 2015 RYdcoWPLcktru4&m=mXLiakJO7UnfOKICtPAA061jl • Spoke on panel on “Becoming a Legal Scholar” and dXIghuPK3gOuujkcAc&s=U1vq9eZpLr5MepKfVtjfP_ panel on “Placing Legal Scholarship,” American EAFTSu5xaa189PiUyX0y4&e=what-the-president-of- Association of American Law Schools Annual yale-should-have-said/ Convention, New York, NY, Jan. 9, 2016 • Poor Performance by Government: A Functional • Presented manuscript of “Casey and the Clinic Explanation of Public Disaffection, 13 The Forum 395- Closings: When “Protecting Health” Obstructs Choice,” 415 (2015) Faculty Workshop, University of Texas at Austin Law other professional highlights School, Jan. 28, 2016 Reva Siegel • Completed book manuscript, Five Hard Issues, and • “Responding to Fishkin and Forbath on ‘Constitutional How to Think About Them (forthcoming, Princeton Political Economy,’” Panel on Class, Race, Sex, and University Press, 2017) their Constitutional Intersections, Texas Law Review • Visiting Professor, Berkeley Law School and Goldman Symposium on Law and Inequality, University of Texas School of Public Policy (spring semester) at Austin Law School, Jan. 30, 2016 • Consultant to special master in Baez v. NYCHA (S.D.N.Y.), • Interviewed Robert Kaplan on Litigating the Windsor on mold in public housing Decision, Yale Law School, Feb. 9, 2016 • McGlinchey Lecture, “Casey and the Clinic Closings: Vicki Schultz When ‘Protecting Health’ Obstructs Choice,” Tulane lectures and addresses Law School, Feb. 22, 2016 • “Taking Sex Discrimination Seriously,” George • Max Weber Lecture, “Same-Sex Marriage and Backlash: Washington University Law School Faculty Workshop, Constitutionalism through the Lens of Consensus and Washington, DC, Oct. 21, 2015 Conflict,” European University Institute, Mar. 16 2016 publications • Presented manuscript of “Conscience Wars in • Taking Sex Discrimination Seriously, lead article Transnational Perspective: Religious Liberty, Third- in Symposium on Revisiting Sex: Gender and Sex Party Harm, and Pluralism,” European University Discrimination Fifty Years After the Civil Rights Act, Institute, Mar. 17, 2016 Denver U. L. Rev., Nov. 2015 • Keynote speaker, “Abortion and the Politics of • Interview with Marie Mercat-Bruns, Discrimination Motherhood, Then and Now,” Conference Honoring at Work: Comparing European, French, and American Contributions of Kristin Luker, Berkeley Law School, Law, Marie Mercat-Bruns, University of California Press, Apr. 1, 2016 California: 139-140, 161-166, 170-174 (Feb. 2016) • “How Conflict Entrenched the Right to Privacy,” panel on the Foundations of the Right to Privacy, Conference Reva Siegel on the Expectation of Privacy, Kenyon College, Center lectures and addresses for the Study of American Democracy, Apr. 7, 2016 • Presented manuscript of “Casey and the Clinic • Moderated panel on the Court in Canadian Closings: When ‘Protecting Health’ Obstructs Choice,” Constitutionalism, Canada and the World: Workshop, Yale Law School, Oct. 19, Comparative Perspectives on the Canadian 2015 Constitution, Yale Law School, Apr. 12, 2016 • “Complicity-based Conscience Claims in Religious • Presented draft opinion, Conference on What Freedom Cases on the Supreme Court Docket,” Panel Obergefell v. Hodges Should Have Said, Yale Law School, on Health Care Refusals, Yale Law School, Oct. 27, 2015 Apr. 15, 2016 • Chaired panel on Equality, Conference on Federalism(s) publications and Fundamental Rights: Europe and the United • Casey and the Clinic Closings: When “Protecting Health” States Compared, Yale Law School, Oct. 31, 2015 Obstructs Choice, 125 Yale L.J. 1428 (2016) (with Linda Greenhouse) faculty activities

James J. Silk Tom R. Tyler lectures and addresses lectures and addresses • Commentator, “Book Talk: The Right Wrong Man: John • “Legitimacy in Policing,” International Association of Demjanjuk and the Last Great Nazi War Crimes Trial,” Chiefs of Police, Chicago, Oct. 24, 2015 by Lawrence Douglas, Lillian Goldman Law Library, Yale • “Legitimacy in Policing,” U. Chicago Legal Forum, Law School, Apr. 2016 Chicago, Nov. 6, 2015 • Moderator, “Town Hall Discussion: The Concept of • “New Directions in Policing,” New Haven Police Efficacy in Art,” Art and Human Rights – Robert L. Department Command Staff, New Haven, Dec. 11, 2015 James J. Silk Bernstein International Human Rights Symposium, • “Comments on Robbenholt and Hans, The Psychology Orville H. Schell, Jr. Center for International Human of Tort Law,” Cornell Law School, Ithaca, Feb. 5, 2016 Rights, Yale Law School, Apr. 2016 • "Policing in the 21st Century," presentation to Police • Commentator, “Book Talk: United States Law and Chiefs and City Managers in North Texas, Arlington, TX, Policy on Transitional Justice: Principles, Politics, and Mar. 11, 2016 Pragmatics,” by Zachary Kaufman, Lillian Goldman • “The Prospects for Reform in American Policing,” Law Library, Yale Law School, Mar. 2016 Liman Colloquium, Yale Law School, Mar. 31, 2016 • “Looking for an Answer to Mass Atrocity: How Sure Are publications We Now That International Criminal Justice Is the Way • The Impact of Psychological Science on Policing in to Go?,” Berger International Legal Studies Program, the United States: Procedural Justice, Legitimacy, and Kate Stith Cornell Law School, Feb. 2016 Effective Law Enforcement (with P. Goff & R. MacCoun), Psychological Science in the Public Interest, 16(3), Kate Stith 75-109 (2015) lectures and addresses • “Building Bridges: The Community and Law James Q. Whitman Enforcement,” sponsored by Oscar M. Ruebhausen lectures and addresses Fund, U.S. Attorney’s Office and Greater New Haven • "The American Influence on Nazi Race Law": Columbia Clergy Association, New Haven, CT, Nov. 16, 2015 Law School, Harvard Law School, Yale Law School, Tel • “The Sentencing Commission’s Authority to Issue Aviv University Tom R. Tyler Broader Compassionate Release Policies,” testi- • Workshop on Law and Religion, Hebrew University mony submitted to the United States Sentencing • Conference on Professor Whitman's work: Commission, Washington, DC, Feb. 17, 2016 Interdisciplinary Center, Herzliya • “The SEC’s Choice of Forum: Strategies and Concerns,” publications YLS Center for the Study of Corporate Law Weil • Presumption of Innocence or Presumption of Mercy? Gotshal & Manges Roundtable (moderator and orga- Weighing Two Western Modes of Justice, 94 Texas L. Rev. nizer), Mar. 4, 2016 933 (2016) • ALI, Model Penal Code—Sexual Assault and Related Offenses, NYU School of Law (consulting member and Michael J. Wishnie James Q. Whitman commenter), Mar. 23, 2016 lectures and addresses • “Abolition: Capital Punishment & LWOP,” Liman Public • "The Role of Law Schools in Advancing the Declaration Interest Colloquium, Yale Law School (moderator and on the Rights of Expelled and Deported Persons," BC commentator), Apr. 1, 2016 Law School, Newton, MA, Apr. 2016 • “When, If Ever, Should DOJ Charge a Firm When No • "Advanced Veterans Clinic Management," Second Individuals are Criminally Charged?,” NYU School Annual National Conference on Law Clinics Serving of Law Program on Corporate Compliance and Veterans, Washington, DC, Nov. 2015 Enforcement, Apr. 8, 2016 • "Storming the Court: Twenty-Five Years after HCC v. other professional highlights Sale," New York Law School, New York, NY, Oct. 2015 • Committee on Professional Responsibility, Connecticut other professional highlights Bar Association (First Vice-Chair) • Reid v. Donelan, ___F.3d___, 2016 WL1458915 (1st Cir. • Journal of Law, Board of Advisors Apr. 13, 2016) (affirming in part, vacating in part, and • The Green Bag, Editorial Advisory Board remanding appeal in class action challenge to pro- • Federal Sentencing Reporter, Advisory Board longed immigration detention) • Ohio State Journal of Criminal Law, Board of Advisors • Giammarco v. Beers, ___F.Supp.3d ___, 2016 WL 1069041 (D.Conn. Mar. 17, 2016) (holding naturaliza- tion application submitted in 1982 by now-deported U.S. Army veteran is still pending and ordering prompt adjudication by immigration officials) 38 39 yale law report summer 2016

• Liberian Community Association of Connecticut, et al. • "'Equal Protection': Origins and Legacies of the v. Malloy, et al., No. 3:16-cv-201-AVC (D.Conn. filed Feb. Fourteenth Amendment,” Yale Gilder Lehrman Center, 8, 2016) (suit for damages on behalf of eight persons Mar. 31, 2016 subject to unlawful quarantine in fall 2014 and for publications injunctive relief on behalf of proposed state-wide • Senate Republicans and the Supreme Court: Where Is class against illegal Ebola quarantine policies and This Headed Exactly? (with Emily Bazelon), N.Y. Times, practices) Feb. 24, 2016 • Hispanic-American Veterans of Connecticut, • The Biden Speech Fallacy, Balkinization, Feb. 24, 2016 Organization Award, to the Veterans Legal Services • Booze and Big Government, Wall St. J. , Dec. 18, 2015 Michael J. Wishnie Clinic, 2015 Modernism and Antimodernism in the Federal Courts: • Connecticut Veterans Legal Center, Veterans Justice Reflections on the Federal District Court for the District Award, and to the Veterans Legal Services Clinic, 2015 of Connecticut on the 100th Anniversary of Its New Haven Courthouse, 48 Conn. L. Rev. 219 (2015) John Fabian Witt other professional highlights lectures and addresses • Reappointed as a Distinguished Lecturer of the • “Strategy and Entailments,” American Academy of American Historical Association Arts & Sciences Authors’ Conference, U.S. Military Academy at West Point, NY, Nov. 4, 2015 Stephen Wizner John Fabian Witt • "Ives and MacPherson: Judicial Process in the professional highlights Regulatory State,” American Association of Law • Awarded “Equal Access to Justice Award” by Schools, Torts Section, Jan. 8, 2016 New Haven Legal Assistance Association • “Some Thoughts on Risa Goluboff, Vagrancy, and (with J.L Pottenger Jr.) American Law,” University of Virginia School of Law, Feb. 10, 2016 • “Apple versus the FBI,” Yale School of Management, Mar. 7, 2016 • “The American Fund: A History of Money and Politics in America,” Columbia Law School Legal Theory Stephen Wizner Workshop, Apr. 5, 2016

SELA 2016, in Havana, Honors Professor Burt

Leading legal scholars from throughout Latin America, the Caribbean Basin, Spain, and the United States meet annually for the Seminario en Latinoamérica de Teoría Constitucional y Política (SELA), a three-day seminar exploring the foundational ideas of constitutional democracy. This year’s meeting was in Havana, Cuba, in June, where Guido Calabresi Professor of Law Daniel Markovits ’00 (below) gave the Inaugural Robert A. Burt Keynote Address, in honor of Professor Burt ’64, a founding member of SELA who passed away in 2015. This year’s program focused on “Law, the Environment, and Current Crises in Global Capitalism.”

Burt

Markovits