10 |11 YLR Winter 2003

Faculty Activities

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

Bruce Ackerman Meetings,“Author Meets Critics:‘Pervasive Conference on Constitutional Law,Wash- Awards and Recognition Prejudice’”; 7th Circuit Bar Association, ington, D.C.,“American Constitutional Henry Phillips Prize in Jurisprudence (for “The Economics of ADR”;The Union Soci- Theory”; American Risk and Insurance lifetime achievement), American Philo- ety,“Voting With Dollars.” Association, John D. Long Seminar on sophical Society; Fellow, Collegium Publications Ethics,“Risk in a Postmodern Society”; Budapest, Fall 2002; Fellow, Center for Why Not?: Opt-Out Advertising, Forbes, Phelps Lecture,Tulane Law School, New Advanced Study in the Behavioral Sciences, June 20, 2002 at 164 (with Barry Nalebuff); Orleans, Louisiana,“Free Speech and Spring 2002. Why Not?: Price-Protect Your Home, Forbes, Democratic Culture”; Faculty Colloquium, Lectures and Addresses Sept. 16, 2002, at 101 (with Barry Nalebuff); Tulane Law School,“Theories of Constitu- Jorde Lecture, University of California, An Alternative to Expensing Stock Options, tional Change.” Berkeley,“Voting with Dollars”; Sympo- Radio Commentary,“Marketplace,”July 24, Publications sium, All Souls College, Oxford,“States of 2002 (with Barry Nalebuff); ‘Disclosuring' The Most Dangerous Person on Earth, Emergency.” hidden fees to consumers,Radio Commen- Hartford Courant, September 22, 2002; Publications tary,“Marketplace,”Aug. 28, 2002 (with In Giving Up Our Rights,We'd Lose the Voting with Dollars (with Ian Ayres, Barry Nalebuff); Virtual Strikes,Radio War, New Orleans Times-Picayune, 2002); Bush v. Gore:The Question of Commentary,“Marketplace,”Oct. 4, 2002 September 11, 2002; Who's Next?, Hart- Legitimacy (ed., 2002); Off-Balance, in Bush (with Barry Nalebuff); Campaign Reform’s ford Courant, June 20, 2002; Diversity v. Gore:The Question of Legitimacy Worst Enemy, N.Y.Times, July 6, 2002, at 13 Offers Everyone a Stake, L.A.Times,Friday, (Bruce Ackerman ed., 2002); Deliberation (with Bruce Ackerman); A Viable Alternative May 17, 2002; History Lesson, Legal Affairs, Day, 10 J. Pol. Phil. 129 (2002) (with James to Breaking up Microsoft: Compulsory July/August 2002; Would African Ameri- Fishkin); Bush Must Avoid Shortcuts on Licensing That Would Make Microsoft cans Have Been Better Off Without Brown v. Road to War, L.A.Times,May 31, 2002, at 15; Compete With Its Past Self, Writ Findlaw’s Board of Education?, 35 The Journal of Campaign Reform’s Worst Enemy, N.Y. Legal Commentary, April 10, 2002 (with Blacks in Higher Education 102 (Spring Times, July 6, 2002, at 13 (with Ian Ayres); Aaron Edlin). 2002); Legitimacy and the 2000 Election, in But What’s the Legal Case for Preemption?, Bush v. Gore:the Question of Legitimacy Wash. Post,August 18, 2002, at B2; Legality Jack M. Balkin 210 (Bruce Ackerman ed., 2002). of Using Force, N.Y.Times, September 21, Appointments 2002, at 15. Member, Century Foundation Working Robert A. Burt Group on the Public’s Need to Know in a Lectures and Addresses Ian Ayres Post- 9/11 Era; Board of Advisors, Consumer Program in Medicine and Ethics, Harvard Appointments Webwatch. Medical School, Cambridge,“The Pitfalls of Commentator, Marketplace Radio. Lectures and Addresses Physician-Assisted Suicide”; Awards and Recognition Conference on the Future of Internet Program in Bioethics, New Haven,“Consti- 1st Place, Law and Society Fun Run. Regulation: Open Access, Private Rights, tutional Constraints on the Regulation of Lectures and Addresses and Public Values, Princeton University, Cloning.” Washington & Lee Law School,“Shooting “Filtering and Freedom of Speech”; Law Publications Down the ‘More Guns, Less Crime' Hypoth- and Society Association Annual Meeting, The Medical Futility Debate: Patient Choice, esis”;Virginia Law School, Comment Vancouver,“Ayelet Shachar’s Theory Physician Obligation, and End-of-Life Care, on Cooter and Porat; Law and Society of Multicultural Jurisdictions”; AALS 5 J. Palliative Med. 249 (2002). ˘ Faculty Activities

left to right Guido Calabresi Amy L. Chua Dennis E. Curtis Drew S. Days, III Robert C. Ellickson Daniel C. Esty

Guido Calabresi Publications American Development Bank Conference Awards and Recognition Grieving Criminal Defense Lawyers,70 on the Free Trade Area of the Americas and First Annual Lifetime Achievement Award, Fordham L. Rev. 1615 (2002) (with Judith Beyond, Cambridge,“Trade and the Envi- Scribes (American Society for Writers on Resnik); Teaching Billing: Metrics of Value in ronment in the Americas”; Australian Legal Subjects). Law Schools and Law Firms,54 Stan. L. Rev. Davis Connection, Sydney, Australia, Lectures and Addresses 1409 (2002) (with Judith Resnik). “Strategic Environmental Management,” Scribes luncheon address, ABA Meeting, and Melbourne,“Data-Driven Environmen- Washington, D.C.; College of Law Convoca- Drew S. Days, III talism”; Asia Society, Hong Kong,“Environ- tion for the First Law School Year, Univer- Lectures and Addresses mental Performance Measurement:The sity of Oklahoma Law Center, Norman, The Rex E. Lee Conference on the Office of Environmental Sustainability Index”; Oklahoma; Roundtable Dinner, University the Solicitor General of the United States, World Summit on Sustainable Develop- of Oklahoma Law Center;The Red Mass of Brigham Young University, Provo, Utah, pre- ment, Johannesburg,“Global Environmen- the Archdiocese of Portland, Maine, speech senter; Conference on Yale, New Haven, tal Governance”; Gordan Institute of Busi- marking the official opening of the judicial and American Slavery,Yale University, pre- ness Science, University of Pretoria, South year; Fall 2002 James Madison Lecture, senter; Making Change—Working for Africa,“Why Measurement Matters:The NYU School of Law,“The Federal Courts in a Social Justice Conference, Hamilton Col- Environmental Sustainability Index.” Federal System: Reestablishing a Madison- lege, Clinton, New York, moderator. Publications ian Balance.” Global Environmental Governance: Robert C. Ellickson Options and Opportunities (with Maria Amy L. Chua Awards and Recognition Ivanova eds., 2002); Greening the Ameri- Publications 2002 National Scrabble Championship, cas: NAFTA’s Lessons for Hemispheric Markets, Democracy and Ethnicity, in East San Diego, California: 25th place out of 700 Trade (with Carolyn Deere eds., 2002); Asian Law—Universal Norms and Local contestants/prize for highest finishing Environmental Governance at the WTO: Cultures 33 (Arthur Rosett et al. eds., senior (age 60+). Outreach to Civil Society, in Trade, Environ- 2002); Free Market Democracy and Ethnic Lectures and Addresses ment, and the Millennium,(Gary P.Samp- Conflict, in Development and Democracy: Annual Meeting, American Law and Eco- son and W. Bradnee Chambers eds., 2nd ed. New Perspectives on an Old Debate nomics Association, Harvard Law School, 2002); Thickening the International Envi- (Sunder Ramaswamy & Jeff Cason eds., The Law and Economics of the Household, ronmental Regime,Robert Schuman Centre 2002); A World on the Edge, The Wilson panel chair,“Social Norms/Behavioral Law Policy Paper Series, European University Quarterly (Autumn 2002) (cover story). and Economics.” Institute (June 2002).

Dennis E. Curtis Daniel C. Esty Owen M. Fiss Awards and Recognition Awards and Recognition Lectures and Addresses American Bar Association's E. Smythe 2002 American Bar Association Award for SELA Conference on Democracy and Dis- Gambrell Award given to the Lawyering Distinguished Achievement in Environ- tributive Justice, Punta del Este, Uruguay, Ethics Clinic (cotaught with Deborah mental Law and Policy. “Law as Object and Instrument of Transfor- Cantrell). Lectures and Addresses mation”; American Political Science Associ- Lectures and Addresses World Trade Organization, Geneva,“Trade ation, Boston,“Spatial Justice and the City,” Eighth Circuit Judicial Conference, Duluth, and Environment After Doha”;Yale in panel presentation. Minnesota,“Art and Architecture of Court- Mexico Program, Mexico City,“Environ- houses”(with Judith Resnik). ment and Globalization”; Harvard-Inter- 12 |13 YLR Winter 2003

left to right Owen M. Fiss Robert W. Gordon Henry B. Hansmann Robert D. Harrison Oona Hathaway

Publications Henry B. Hansmann Robert D. Harrison The Fallibility of Reason, in Bush v. Gore: Appointments Appointments The Question of Legitimacy 84 (Bruce Ack- Consulting Editor, European Corporate Re-appointed to National Legal Research erman ed., 2002); The Idea of Political Free- Governance Institute (ECGI) Legal Insti- and Writing Advisory Board, LexisNexis. dom, in Looking Back at Law’s Century 35 tutes Research Paper Series (Guido Fer- Lectures and Addresses (Austin Sarat et al. eds., 2002); La Justicia rarini ed.); Adviser, American Law Institute Law PReview, day-long lectures in several no puede actuar como sirviente del Mer- project on Principles of the Law of Non- cities on legal research and writing. cado, Clarín, Argentina, June 16, 2002 profit Organizations; Inaugural Fellow, Legal Consultation or Testimony (interview in Spanish); Una Comunidad de European Corporate Governance Institute. Legal writing workshops and individual- Iguales: La protección constitucional de Elections ized writing critiques for associates at los nuevos cuidadanos, Miño y Dávila, Secretary-Treasurer, American Law and Skadden, Arps, Slate, Meagher & Flom; Colección Nuevo Foro Democrático (2002). Economics Association. Hale and Dorr; Clifford Chance Rogers Lectures and Addresses & Wells; Morgan Lewis; Curtis, Mallet- Robert W. Gordon Center for the Study of Corporate Law Prevost, Colt & Mosle; and Wiggin & Dana. Appointments Roundtable,, presented Publications Task Force on Funding of Legal Services, paper entitled “Legal Entities, Asset Parti- Sources of the Law; Statute Finding; Case Bar Foundation. tioning, and the Evolution of Organiza- Finding; and Administrative Law, in Lessons Lectures and Addresses tions”(co-authored by Reinier Kraakman in Legal Research: A Manual for Instruc- SELA Conference on Democracy and Dis- and Richard Squire); American Law and tors (2002). tributive Justice, Punta del Este, Uruguay, Economics Association annual meeting, “Modes of Legal Education and the Social Cambridge, Mass., presented paper on Oona Hathaway Conditions that Sustain Them”; University “The Structure of Property Rights”(co- Appointments of British Columbia Workshop on Legal authored with Reinier Kraakman); Confer- Associate Professor of Law,Yale Law History,Vancouver,“Law and Moral Order”; ence on The Company as Property, Queen School. Annual Meeting, Law & Society Associa- Mary College, University of London, pre- Lectures and Addresses tion,Vancouver,“American Law Practice as sented paper entitled “Legal Entities, Asset Society for Evolutionary Analysis in Law, an Export Commodity”; Symposium on Partitioning, and the Evolution of Organi- Florida State University,Tallahassee,“Path Kent Newmyer’s John Marshall, Univer- zations”(co-authored by Reinier Kraakman Dependence in the Law”; International sity of Connecticut School of Law, “John and Richard Squire); Conference on Under- Law Colloquium, University of Virginia, Marshall and the Conception of the Ideal standing Financial Architecture: Financial “Do Human Rights Treaties Make a Judge.” Structure and Bankruptcy, Said Business Difference?” Publications School, University of Oxford, presented Publications The Legal Profession, in Looking Back at paper entitled “Legal Entities, Asset Parti- Do Human Rights Treaties Make a Law’s Century 287 (Austin Sarat et al. eds., tioning, and the Evolution of Organiza- Difference? 111 Yale L. J. 1935 (2002). 2002); Morton Horwitz and his Critics: A tions”(co-authored by Reinier Kraakman Conflict of Narratives,37 Tulsa L. Rev. 915 and Richard Squire); Executive Committee (2002). meeting,Yale Law School Alumni Associa- tion,“What Can the Law Do About Corpo- rate Governance?” ˘ Faculty Activities

left to right Paul W. Kahn Harold Hongju Koh Anthony T. Kronman

Paul W. Kahn Death Penalty”; Plenary Lectures, 2002 response to State Department Inquiry); Lectures and Addresses Oxford University Human Rights Pro- referee on international law, 2002 Carr Center, Kennedy School, Harvard Uni- gramme,“How is International Human Stanford-Yale Junior Faculty Forum. versity,“American Exceptionalism, Popular Rights Law Enforced?”and “The Future of Publications Sovereignty and the Rule of Law”; ABA Law U.S. Human Rights Policy”; Connecticut Different But Equal:The Rights of Per- Day Program,“Representing the American Judges Institute,“Protecting Civil Liberties sons with Intellectual Disabilities, (with Lawyer as Judge”; Conference on Antiter- after 9/11”; 2002 New Haven Festival of Stanley Herr and Lawrence Gostin eds., rorism, Princeton University,“Lessons for Arts and Ideas,“How The World Sees the 2002); Paying “Decent Respect”to the World International Law from the War on Terror- United States”; Eleanor Roosevelt Lecture, Opinion on the Death Penalty, 35 U.C. Davis ism.” Vassar College & Eleanor Roosevelt Center L. Rev. 1085 (2002); Paying Decent Respect Publications at Val-Kill,“Civil and Political Rights After to International Tribunal Rulings, 2002 Pro- The Paradox of Riskless Warfare, 22 Phil. & September 11”;Yale Law School,“Septem- ceedings of the American Society of Pub. Pol’y Q. 2 (Summer 2002). ber 11 One Year Later,”panelist; U.S. District International Law; Why the United States of Connecticut Judicial Conference, Port- Should Ratify the Convention for the Elimi- Harold Hongju Koh land, Conn.,“Terrorism and Civil Liberties nation of Discrimination Against Women Appointments After September 11”; Global Constitutional- (CEDAW), Case W. Res. L. Rev. (2002); Honorary Fellow, Magdalen College, Oxford ism Seminar,Yale Law School,“The Spirit of Against Military Tribunals, Dissent Maga- University. the Laws”;Yale World Fellows Program, zine 58 ( Fall 2002); One Year Later, America Awards and Recognition “Democracy and Human Rights”;Yale Law Deserves Mixed Reviews, , Wolfgang Friedmann Award, given by School Career Development Office,“How September 13, 2002. Columbia Journal of Transnational Law,to Should I Live My Life as a Lawyer?”; Stanley an individual who has made outstanding S. Herr Memorial Conference on Disability Anthony T. Kronman contributions to the field of international Rights and Social Justice, University of Lectures and Addresses law. Maryland Law School,“International Receptions for Washington State alumni Lectures and Addresses Human Rights of Persons with Mental Dis- and Yale Law Day in the Bay Area, remarks; Graduation Ceremony, Skidmore College, abilities”; NYU Law School Conference in Yale Law School in L.A.,“A Profession of remarks; Receipt of Amistad/America John honor of Thomas Franck’s Contributions to Trustees”; Stanford/Yale Junior Faculty Quincy Adams Award, remarks; Receipt of International Law,“Thomas the Frank.” Forum,Yale Law School, remarks; New Connecticut Bar Association Public Service Legal Consultation or Testimony Haven International Festival of Arts and Award, remarks; Oxford University Refugee Testimony in support of U.S. ratification of Ideas,“Making Peace Possible,”panel mod- Studies Center,“A World Made New After the Convention for the Elimination of Dis- erator;Yale Law School Association of September 11”; American Association of crimination Against Women, Senate For- Washington, D.C., annual alumni dinner, Law Schools Federal Courts Workshop,“The eign Relations Committee; Brennan Center, remarks;Yale World Fellows program, Challenges to the Federal Canon from NYU Law School, consultant on leadership seminar instructor; Global Constitutional- Globalization”; International Criminal Tri- review; filed affidavit as international law ism Seminar,Yale Law School, host. bunal for the Former Yugoslavia and expert in Commonwealth v. Huertas (Court Rwanda,The Hague, Netherlands,“The of v. Common Pleas of Pennsylvania) (in Role of International Criminal Adjudication support of motion to preclude death sen- in the Evolution of International Human tence against a juvenile offender) and John Rights Law”; Duke Law School Conference Doe I v. Exxon Mobil Corp. (D.C.D.C.) (in sup- in Geneva,“International Law and the port of opposition to motion to dismiss in 14 |15 YLR Winter 2003

left to right John H. Langbein Jerry L. Mashaw George L. Priest W. Michael Reisman

John H. Langbein Elections tion Policy Compared,”and “Rethinking the Awards and Recognition President-Elect, National Academy of Role of the World Bank”; Federal Judges’ Treat Award for Excellence, National Social Insurance,Washington, D.C. Seminar, Foundation for Research on Eco- College of Probate Judges, Key West, Lectures and Addresses nomics and the Environment, Gallatin Florida. Law-Science Symposium, Duke University Gateway, Montana,“Understanding the Lectures and Addresses Law School,“Law and Engineering: In Ecology, Economics, and Ethics of Climate Mortimer H. Hess Memorial Lecture, Asso- Search of the Law Science Problem.” Change”;Twenty-Sixth Annual Lecture of ciation of the Bar of the City of New York, Publications the Geneva Association, Geneva, Switzer- "The Scope of Mandatory Rules in the Law Small Things Like Reasons Are Put in a Jar: land,“Government Insurance versus of Trusts"; National College of Probate Reason and Legitimacy in the Administra- Market Insurance”; Institute for Appellate Judges, Key West, Florida,“Curing Execu- tive State,70 Fordham L. Rev. 17 (2001); Federal Judges, George Mason University, tion Errors and Reforming Mistaken Terms Deconstructing Debate, Reconstructing “Modern Products Liability: An Economic under the New Restatements of Trust and Law,87 Cornell L. Rev. 682 (2001). Analysis”and “Litigation Theory”; AEI- Wills”; International Academy of Estate Brookings Joint Center,Washington, D.C., and Trust Law, Rome,“The Overlap of Trust, George L. Priest “The Clinton Administration Antitrust Contract, and Corporation”; University of Lectures and Addresses Jurisprudence.” Tokyo,“Codification of the Law of Trusts in Senate Congressional Staff,Washington, the United States:The Uniform Trust D.C.,“Modern Problems with Class Action W. Michael Reisman Code.” Litigation”; Law and Economics Workshop, Appointments Public Service Stanford University, Palo Alto,“Reanalyzing Member, panel of overseas referees of Member, National Conference of Commis- the New Deal”; Georgetown University Singapore Academy of Law Journal; sioners on Uniform State Laws, Joint Edito- Law Center,Washington, D.C.,“The Govern- member, Advisory Board, Journal of rial Board for the Uniform Trusts and ment as the Insurer of Last Resort for International Criminal Justice. Estates Acts, Drafting Committee to revise Harms Caused by Terrorism”; Hoover Insti- Lectures and Addresses the Uniform Management of Institutional tution Spring Retreat, Palo Alto,“The Role International Law and World Peace Sec- Funds Act; American Law Institute, Associ- of the Government as an Insurer: Rethink- tion, Connecticut Bar Association,“Reflec- ate Reporter, Restatement of Property: ing the Structure of Social Insurance”; tions on September 11.” Wills and Other Donative Transfers, Twelfth Annual Meeting of the American Publications attended drafting meeting with ALI advis- Law and Economics Association, Harvard Judge Shigeru Oda: Reflections on the For- ers, Philadelphia. Law School, Cambridge; SELA Conference mation of a Judge, in Liber Amicorum Publications on Democracy and Distributive Justice, Judge Shigeru Oda 57 (N. Ando et al. eds., Pension and Employee Benefit Law: 2002 Punta del Este, Uruguay,“Law as Object 2002); Unratified Treaties and Other Unper- Supplement (2002); Uniform Statutes on and Instrument of Transformation”; Man- fected Acts in International Law: Constitu- Trusts and Estates: 2002-03 Edition (with hattan Institute Conference on the Eco- tional Functions, 35 Vand. J.Transnat’l L. Lawrence Waggoner) (2002). nomic Impact of Class Actions in a Federal 729 (2002). System, New York,“Class Actions/Aggrega- Jerry L. Mashaw tions in Magnet Courts:The Empirical Evi- Appointments dence”; American Enterprise Institute Visiting Fellow, Social Science and Political World Forum, Beaver Creek, Colorado, Theory Program, Australian National Uni- “Modern Tort Law and its Problems,”“Euro- versity, Spring 2003. pean Commission and American Competi- ˘ Faculty Activities

left to right Judith Resnik Roberta Romano Carol M. Rose

Judith Resnik “What Should be the Role of the Court agement, Northwestern University Confer- Appointments of Federal Claims?” ence on Credible Financial Disclosure,“The Board of Managerial Trustees, Interna- Publications Role of Accounting and Auditing Standards tional Association of Women Judges. "Uncle Sam Modernizes His Justice": in Producing Credible Disclosures,”pan- Elections Inventing the Federal District Courts of the elist; German American Lawyers Associa- Member, American Philosophical Twentieth Century for the District of Colum- tion, Hamburg, Germany,“The Need for Association. bia and the Nation, 90 Georgetown L. J. Competition in Securities Regulation”; Lectures and Addresses 607 (2002); Remarks, Bicentennial Celebra- Hamburg University Graduiertenkolleg Bernstein Symposium, Fundamentalism tion for the Courts of the District of Colum- Recht und Ökonomik program (Lectures on and Modernity, New Haven,“Feminist bia Circuit,204 Federal Rules Decision “Corporate Finance”); NBER Summer Insti- Spaces in Islam: Fundamentalist Moderni- 499 (2002); The Senate's Role in the tute 2002 Law and Economics Workshop, ties and Secular Islam,”panel moderator; Nomination and Confirmation Process: “Does Confidential Proxy Voting Matter?”; Annual Spring Dinner, Bryn Mawr Club of Whose Burden?, Hearing before the Senate University of Michigan Law School Law New Haven, speaker;Workshop on Federal Committee on the Judiciary, Subcommit- and Economics Workshop,“Does Confiden- Courts, American Association of Law tee on Administrative Oversight and the tial Proxy Voting Matter?”;Yale Law School Schools,Washington, D.C, Plenary Panel: Courts, 107th Cong. (2001) (statement Center for the Study of Corporate Law The Federal Courts Canon in the Future, of Judith Resnik, Professor of Law,Yale Law Occasional Breakfast,“Corporate Gover- “Revisiting and Revising the Canon”; Sixth School); also published in 50 Drake L. nance and Listing Standards,”panelist; Bi-Annual Conference, International Asso- Rev. 539 (2001-02); Mediating Preferences: Columbia University School of Law and ciation of Women Judges, Dublin, Ireland, Litigant Preferences for Process and Judicial New York University School of Law Joint speaker and conference rapporteur; Preferences for Settlement, 2002 J. Disp. Law and Economics Workshop,“Does Con- Stanford/Yale Junior Faculty Forum, New Res. 155 (2002); Teaching Billing,54 Stan- fidential Proxy Voting Matter?” Haven, Law and Humanities segment, ford L. Rev. 1409 (2002) (with Dennis E. Publications commentator; Eighth Circuit Judicial Con- Curtis); Grieving Criminal Defense Lawyers, Event Studies and the Law: Part II: Empirical ference, Duluth, Minnesota,“Art and Archi- 70 Fordham L. Rev. 1615 (2002)(with Studies of Corporate Law,4 Am. L. & Econ. tecture of Courthouses”(with Dennis E. Dennis E. Curtis). Rev. 380 (2002) (with Sanjai Bhagat). Curtis); American Bar Association Annual meeting program of National Conference Roberta Romano Carol M. Rose of Federal Trial Judges and ABA Center for Appointments Appointments Professional Responsibility and American Inaugural Fellow, European Corporate Gov- Board of Editors, Foundation Press. Judicature Society,Washington, D.C.,“What ernance Institute. Lectures and Addresses Role Should Ideology Play in Selecting Fed- Lectures and Addresses Seminar on Globalization and its Discon- eral Judges?,”panelist; ABA Administrative National Bureau of Economic Research tents, New York University Law School, Law and Regulatory Practice, Section on Corporate Finance Program Spring Meet- “Globalization and Local Government,” Administrative and Regulatory Law, ABA ing,“Firms’Decisions Where to Incorpo- commentator; NYU Law School Faculty Annual Meeting,Washington, D.C.,“Sover- rate,”commentator; Federation of Euro- Workshop,“Traditions of Public Property in eign Immunity and Administrative pean Securities Exchanges Convention the Information Age”; Graduate Student Law”and “When Worlds Collide: State Sov- 2002 “European Union Legislation for a Orientation,Yale Law School,“Law and Eco- ereign Immunity Meets Administrative European Capital Market,”Session on Reg- nomics from A to Z (well, maybe A to B)”; Law”; 20th Anniversary Conference of the ulatory Structures for Capital Markets, Conference on Customary Law and Sus- Court of Federal Claims,Washington, D.C., speaker; Kellogg Graduate School of Man- tainability, University of Tromso,Tromso, 16 |17 YLR Winter 2003

left to right Susan Rose-Ackerman Jed Rubenfeld Barbara J. Safriet Peter H. Schuck Vicki Schultz

Norway,“Can Property Solutions Emerge Legal Consultation or Testimony Federalism”; Bar Association of the City of from Informal Practice?” Represented Alice Randall, author of The New York,“Asbestos Litigation”; Shelby Wind Done Gone, in connection with a law- Cullom Davis Center, Princeton University, Susan Rose-Ackerman suit alleging that her book violated the “Citizenship and Nationality Policy”;Yale, Appointments copyright of Gone with the Wind. New Haven, and Slavery Conference,“Repa- Fellow Collegium Budapest and co-orga- Publications rations”; NYU Conference on Labor, New nizer, project on Honesty and Trust:Theory Not as Bad as Plessy.Worse., in Bush v. York City,“Profiling.” and Experience in the Light of the Post- Gore:The Question of Legitimacy 20 Legal Consultation or Testimony Socialist Experience, Budapest, Hungary, (Bruce Ackerman ed., 2002); The Anti- Asbestos Study Group, consultation. Fall 2002; member, Board of Advisors, Club Antidiscrimination Agenda, 111 Yale L.J. 1141 Publications of Madrid. (2002); A Reply to Posner,54 Stan. L. Rev. 753 Tort Liability, in The Tools of Government: Lectures and Addresses (2002). A Guide to the New Governance, chap. 15 University of Pécs, Pécs, Hungary, and Chr. (L. Salamon ed., 2002); The Pledge on the Miclelson Institute, Bergen, Norway,“Cor- Barbara J. Safriet Edge, Am. Law., September 2002, at 65; ruption and Government”; American Politi- Appointments Liberal Citizenship, in Handbook of cal Science Association, Boston,“Trust, Committee member,Yale University Fund Citizenship Studies 131 (E. Isin & B.Turner Honesty and Corruption: Reflections on for Lesbian and Gay Studies/Larry Kramer eds., 2002); Judging Remedies: Judicial the State-Building Process”; University of Initiative; public member (reappointed), Approaches to Housing Segregation,37 Oslo and University of Bergen,“Electoral Federation of State Board of Physical Harv. C.R.-C.L. L. Rev. 289 (2002); Diversity Rules as Constraints on Corruption.” Therapy . Dodge, Am. Law., July 2002, at 75; Reform Publications Lectures and Addresses That Leads to Chaos, N.Y.Times,May 23, "Grand”Corruption and the Ethics of Global Johns Hopkins Institute of Nursing, Balti- 2002, at A31; Bringing Diversity to the Business, 26 J. Banking & Fin. 1889 (2002); more, Scholar in Residence and Named Suburbs, N.Y.Times,August 8, 2002, at A25. Corrupt Exchanges: Empirical Themes in the Lecturer; Conference on Law Related Edu- Politics and Political Economy of Corruption, cation,Taipei,Taiwan, lecturer and panelist. Vicki Schultz Nomos (with Donatella della Porta eds., Legal Consultation or Testimony Appointments 2002); Corruption and the Criminal Law, Taiwan Law Related Education and Rule of Ford Foundation Professor of Law and the 4 Forum on Crime and Society 1 (2002). Law Project,Taipei,Taiwan, consultant. Social Sciences,Yale Law School, October Publications 2002. Jed Rubenfeld Closing the Gap Between Can and May in Elections Appointments Health-Care Providers' Scopes of Practice: President-Elect, Labor & Employment Law U.S. representative, Council of Europe, A Primer for Policymakers 19 Yale J. on Reg. Section, Association of American Law Commission on Democracy through Law. 301 (2002). Schools. Lectures and Addresses Lectures and Addresses International Conference on Terrorism and Peter H. Schuck Annual Meeting of the Law and Society Human Rights, University of Oslo, Norway, Lectures and Addresses Association,Vancouver, Canada, panel lecturer; Stanford Law School debate with Humanity in Action, New York City,“Post- on Work/Family Conflict,“Working/ Richard Posner on The First Amendment’s 9/11 Developments”;Yale Law School MSL/J Womanhood.” Purpose;National Convention of the Amer- 25th Reunion, New Haven,“Post 9/11 Devel- Publications ican Society of International Law,“U.S. Uni- opments”; International Institute on Soci- Labor’s Subjects, in Lives in the Law 132 lateralism.” ology of Law, Onati, Spain,“Comparative (Austin Sarat et al. eds., 2002). ˘ Faculty Activities

left to right John G. Simon Henry E. Smith Robert A. Solomon Carroll D. Stevens Kate Stith Ruth Wedgwood

John G. Simon Kate Stith Lectures and Addresses Lectures and Addresses Appointments Yale University Panel on Events of Septem- International Conference on New Forms of Founding Member, Board of Advisers, ber 11; lectures on terrorism and interna- Welfare, Centro Nazionale di Prevenzione e Ohio State Journal of Criminal Law; Board tional criminal law at Georgetown Univer- Difesa Sociale, Stresa, Italy,“Foundations of Directors,The Montgomery Fellowship sity Law School, Princeton University, and Welfare.” at Dartmouth College; Connecticut Bar Woodrow Wilson School, Kent School, Association Committee on Professional Berkeley Fellows, International Association Henry E. Smith Ethics, preparation of advisory opinions on of Law Libraries, Editors of Ivy Alumni Mag- Lectures and Addresses selected ethical issues and development azines, New York State Bar Association, and Faculty Workshop, Ohio State University of proposed changes in the Rules of Connecticut Bar Association;Transatlantic College of Law; Law and Economics Work- Professional Ethics; Advisory Committee, Center, Johns Hopkins University,“Enforc- shop, University of Pennsylvania Law Connecticut Lawyer; Continuing ing International Norms”; Science Alliance, School; Law and Economics Workshop, Uni- Positions: Board of Directors, Federal Bar International Criminal Law Network, and versity of Toronto,“The Language of Prop- Foundation; Board of Directors, Legal Nieuwe Literaire Societet de Witte,The erty: Form, Context, and Audience.” Affairs; Advisory Board, The Green Bag; Hague,“The Position of the United States Publications Executive Committee, Connecticut Bar in International Criminal Law”; Simon What Happened to Property in Law and Foundation; Faculty Sponsor,Women’s Bond Foundation, Berlin, Germany,“The Economics?, 111 Yale L.J.357 (2001) (with Campaign School at Yale. Holocaust as Precedent for International Thomas W. Merrill). Lectures and Addresses Redress”; International Criminal Tribunal Horace Mann School, Riverdale, New York, for the former Yugoslavia,“Some Problems Robert A. Solomon “The Jury in Terrorism Prosecutions”; of International Adjudication”; United Appointments Women’s Campaign School at Yale,“Why States Pacific Command Conference of Director, Jerome N. Frank Legal Services Women Should Run for Office.” Judge Advocates General, Bangkok,Thai- Organization,Yale Law School; commis- land,“Problems in the Law of Armed Con- sioner, Housing Authority of the City of Ruth Wedgwood flict”; National Security Agency,Washing- New Haven. Appointments ton, D.C.,“Legal Regimes and Terrorism”; Academic Historical Review Commission, Women in International Security,Washing- Carroll D. Stevens Director of Central Intelligence; Defense ton Legal Foundation, American Bar Asso- Appointments Policy Board, U.S. Department of Defense; ciation annual meeting, and ABA Section Chair, Connecticut Association for Per- ABA Standing Committee on Law and on International Law, talks on interna- forming Arts; President-elect, Amistad National Security. tional criminal law and terrorism; ABA Academy; Board of Directors, Junta Para Elections Standing Committee on Law and National Accion Progressiva. United Nations Human Rights Committee Security,Washington, D.C.,“The Constitu- Lectures and Addresses (monitoring compliance with the Interna- tion and Military Commissions”(also Oxford University Centre for Christianity tional Covenant on Civil and Political broadcast on C-Span). Interviews on PBS and Culture,“Religion, Individualism and Rights) for four-year term. “News Hour with Jim Lehrer”;“To the the American Compact”; Amistad Acad- Point,”National Public Radio (Los Angeles); emy, New Haven, Dedicatory Remarks for “All Things Considered,”National Public Charles E.Terrell Gymnasium; Lillian Gold- Radio; BBC News Hour, London and Berlin; man Memorial Service, Eulogist. CNN, CNN-Spanish, CNBC, Australian Radio, and South African Radio. Interviews 18 |19 YLR Winter 2003

left to right Stanton Wheeler James Q.Whitman Stephen Wizner

with Baltimore Sun, Chicago Tribune, Con- James Q. Whitman gressional Quarterly, Handelsblatt, Los Appointments Angeles Times, McClatchy newspapers, Visiting Professor, University of Rome III. National Journal, New Republic, New York Lectures and Addresses Times, Newsday,Newhouse newspapers, University of Chicago Law School and Oakland Tribune, Wall Street Journal, and University of Iowa Law School,“Harsh Washington Post. Justice.” EUGENE V. ROSTOW Publications 1913 – 2002 Gallant Delusions, Foreign Policy Maga- Stephen Wizner zine, Sept./Oct. 2002, at 44, reprinted in La Lectures and Addresses As this issue of the Yale Law Report Stampa/Global FP (Milan), Oct. 2002, at 31; AALS Section on Clinical Legal Education, went to press, we learned of the death, The U.S. and the International Criminal Pittsburgh, plenary closing session on “The on November 25, 2002, in Alexandria, Court, Berlin Journal,No. 5, Nov. 2002 Role of Clients in Clinical Legal Education,” Virginia, of Eugene V. Rostow ’37, former (American Academy in Berlin, available at speaker; Conference on Juvenile Justice, Dean and Emeritus www.americanacademy.dc); International Tel Aviv University Law School,“The Role of of Law and Public Affairs. Criminal Court, WorldLink, July/Aug. 2002, Defense Counsel in Juvenile Delinquency Dean Anthony T. Kronman issued the at 15, available at www. worldlink.co.uk; Cases.” following statement:“Much of the Yale Al Qaeda, Military Commissions, and Ameri- Legal Consultation or Testimony Law School we now know—to which can Self-Defense,3 Pol. Sci. Q. 117, (reprinted Consultant on public interest practice and we have become so accustomed by the in September 11,Terrorist Attacks, and U.S. clinical legal education,Tel Aviv University passage of time—was built or rebuilt Foreign Policy 161 (D.M. Caraley ed., School of Law and Resource Center for during Gene’s deanship years. Gene’s 2002)); After September 11, 36 New Eng. L. Public Interest Law; Israel Clinicians’Forum, intellect, will, and character were mold- Rev. (Summer 2002); Law in the Fog of War, The Interdisciplinary Center, Herzliya, Israel. ing forces in the evolution of the Time,May 13, 2002, at 50; Enemy Within— Publications modern Yale Law School, and his legacy The Constitution Doesn’t Privilege al Qaeda The Law School Clinic: Legal Education in is all about us. Gene Rostow was one of at War, Wall St. J., June 14, 2002, at A12; the Interests of Justice,70 Fordham L. Rev. the Law School’s great deans. His pass- World Court: A Slippery Slope, Boston 1929 (2002). Œ ing is a somber moment that should Globe,Aug. 10, 2002, at A15; September 11— cause us to reflect on how much this Legal Limits, Time.com, Sept. 2002; Round- extraordinary man gave of himself, for table on Preemptive Self-Defense, Outlook the school he loved with all his heart.” Section, Washington Post, Sept. 29, 2002, The date for a memorial service to be at B1; Self-Defense and Striking at Saddam, held at the Yale Law School has not yet Nat’l L.J., Oct. 28, 2002, at A16. been set.When plans have been final- For updated information ized, an announcement will be posted Stanton Wheeler on faculty activities and other on the “@YLS” section of the Yale Law Lectures and Addresses Yale Law School news, visit @YLS at School’s website. A fuller remembrance Yale Law School alumni associations, Los www.law.yale.edu of Dean Rostow will be published in the Angeles and San Francisco,“The National next issue of the Law Report. Œ Collegiate Athletic Association as Czar of the Multi-billion-dollar Intercollegiate Sports Industry.”