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Annual Report 2006 rr;iArrlerican Bar Foundation AB~ EXPANDING KNOWLEDGE • ADVANCING JUSTICE 2006 Annual Report 2 Introduction to the American Bar Foundation 3 Officers and Directors 4 In Memoriam: Robert 0. Hetlage 5 Report of the Director: Robert L. Nelson 8 Research Faculty 8 Research Fellows 37 Faculty Fellows 39 Publications 39 Law & Social Inquiry 40 Researching Law: An ABF Update 41 Liaison Research Services Program 42 Summer Diversity Research Fellowships in Law and Social Science for Undergraduate Students 43 Sponsored Programs 44 Liz and Peter Moser Research Fund in Legal Ethics, Professional Responsibility, and Access to Legal Services 45 The Wm. Reece Smith, Jr. Research Fund 46 Presentations at the ABF 47 The Fellows of the American Bar Foundation 48 Personnel 50 financial Report 2005-2006 52 Allocation of Funding Introduction to the American Bar Foundation Mission The American Bar Foundation is the nation's leading research institute for the empirical study of law. An independent, nonprofit organization, for more than fifty years the ABF has advanced the understanding and improvement of law through research projects of unmatched scale and quality on the most pressing issues facing the legal system in the United States and the world. The Foundation is committed to broad dissemination of its research findings m the organized bar, scholars, and the public. The results are published in a wide range of forums, including leading academic journals, law reviews, and academic and commercial presses. Research Faculty The research program of the American Bar Foundation is implemented through the projects designed and conducted by the members of the ABF's resident research faculty. ABF Research Fellows are among the leading scholars in their disciplines, which include anthropology, economics, history, law, political science, psychology, and sociology. A research project is undertaken only after completion of a very extensive review process. The i.nternal review committee, an external review panel, the Research Committee of the ABF Board, and ultimately the Board of Directors must conclude that the proposed study will make a significant contribution to the field and that the research can be carried out with the appropriate standards of integrity, human subjects protection, and scholarship. Funding The Foundation extends special thanks to the American Bar Endowment. The American Bar Endowment's grant of $3,813,144 in fiscal year 2005-2006 makes the Endowment the Foundation's largest supporter. Founded in 1942, the ABE is a charitable organization dedicated ro improving the quality of justice in the United States by funding research, educational, and public service projects in the field of law. ABA members who participate in the Endowment's group insurance programs can contribute to these efforts. Those members who participate in the Endowment's insurance plans, and allow the ABE to retain dividends payable on the group insurance policies, provide essential support for the ABE's grant program. The Foundation would like to thank all ABA members who participate in ABE insurance plans and donate their dividends, along with the ABE, for the valuable funding they have provided. Other sponsors include T he Fellows of the American Bar Foundation and private foundations and government agencies that award grants to support specific research projects and other ABF programs. T he American Bar Foundation is recognized as a 50l(c)(3). The Fellows of the American Bar Foundation The Fellows of the American Bar Foundation is an organization of lawyers, judges, law faculty, and legal scholars who have been elected by their peers to become members of The Fellows because of their outstanding achievements in the legal profession. T he Fellows support the research work of the Ameri.can Bar Foundation through their annual contributions and sponsor seminars and events of direct relevance to leaders of the legal profession. 2 American Bar Foundation Officers and Directors of the American Bar Foundation 2005-2006 Executive Committee Ellen F. Rosenblum, Chair, The officers ex officio and: The Fellows of the American Officers and Directors Bar Foundarion William C. Hubbard Robert 0. I lctlage, President, Ellen J. Flannery, Chair-Elect, St. Louis, MO M. Peter Moser The Fellows of the American Bar David K. Y. Tang, Vice President, Richard Pena Foundation Seattle, WA Jimmy K. Goodman, Secretary, David E. Van Zandt, Treasurer, The Fellows of the American Bar 2006-2007 Foundation Chicago, IL Officers and Directors Bernice B. Donald, Secretary, David K. Y. Tang, President, Executive Committee Memt>hi.~, TN Seattle, WA The officers ex officio and: Susan Frelich Appleton, St. Louis, MO Richard Pena, Vice President David A. Collins Mortimer M. Caplin, Washington, DC Austin, TX ' William C. Hubbard James H. Carter, Jr., New York, NY David E. Van Zandt, Treasurer, Jonathan Cole, Nashville, TN Chicago, IL Advisors to the Board David A. Collins, Detroit, Ml Bernice B. Donald, Secretary, 2006-2007 Memphis, TN Lauren B. Edelman, Berkele:t. CA Jacqueline Allee, Susan Frelich Appleton, St. Louis, MO Leonard 11. Gilbert, Tampa, FL Coconut Grove, FL Mortimer M. Caplin, Washington, DC Graham C. Grady, Chicago, IL H. William Allen, James H. Carter, Jr., New York, NY Little Rock, AR William C. Hubbard, Columbia, SC Juualhau Cok, N<U/willt!, TN Robert W. Bennett, M. Peter Moser, Baltimore, MD David A. Collins, Detroit, MI Chicago, IL Richard Pena, Austin, TX Lauren B. Edelman, Berkeley, CA Brooksley E. Born, Wilma J. Pinder, Los Angeles, CA Washington, DC Leonard H. Gilbert, Tampa, FL Kenneth J. Bwm, Jr., Ex-Officio Graham C. Grady, Chicago, lL Lake Bluff, IL Michael S. Greco, Pl·esidenc, William C. Hubbard, Columbia, SC John C. Deacon, American Bar Association Wilma J. Pinder, Los Angeles, CA Jonesboro, AR Karen J. Mathis, President-Elect Mary T. Torres, Albuquerque, NM Roberc MacCrate, American Bar Association ' Diane C. Yu, New York, NY New Yori<, NY Stephen N. Zack, Chair, 1louse of Martha L. Minow, Delegates, American Bar Association Ex-Officio Cambridge, MA William T. Robinson III, Treasurer, Karen J. Mathis, President, M. Peter Moser, American Bar Association American Bar Association Baltimore, MD I. S. Leevy Johnson, President, William H. Neukom, President­ Wm. Reece Smith, Jr., American Bar Endowment Elect, American Bar Association Tampa, FL Allan J. Tanenbaum, Chair of the Laurel G. Bellows, Chair, House of Randolph W. Thrower, Council of the Fund for Justice and Delegates, American Bar Association Atlanta, GA Education William T. Robinson Ill, Treasurer, Richard Pena, Chair, The Fellows American Bar Association of the American Bar Foundation Lee S. Edmon, President, American Ellen F. Rosenblum, Chair-Elect, The Bar Endowment Fellows of the American Bar Foundation Sheila Slocum Hollis, Chair of the Ellen Flannery, Secretary, The J. Council of the Fund for Justice and Fellows of the American Bar Foundation Education 2006 Annual Report 3 In Memoriam Me1norial Resolution for Robert 0. Hetlage On the occasion of the first Board of Directors Meeting since his de,uh on July 17, 2006, the Board of Directors of the American Bar Foundation expresses its sincere condolences to the fa mily of Robert 0 . Hetlage and, especially, our dear friend Anne. Bob was a superb lawyer and n dedicared supporter of the Foundation. He served on the Foundation Board for ten ye<1rs, including two years as Vice Pres id ent and t\.vo years as President. He was a Life Leadership contributor to The Fellows nf the ABF We will miss his wisdom, his judgment, his gracious style, and his sense of humor. Adopted by the Board of Directors of the American Bar Foundation October 2 7, 2006 REPORT OF THE DIRECTOR Robert L. Nelson The importance of empirical legal studies is now widely recognized in the legal academy, the social sciences and the humanities, the judiciary, policy circles, and the legal profession. As the leading research institute for the empirical study of law, legal institutions, and legal processes, the American Bar Foundation makes a unique contribution to the legal profession and the society it serves. We can trace the significance of empirical legal studies through the recent accomplishments of the ABF in these arenas. 1} The legal academy. The theme of this year's Annual Meeting of the Association of American Law Schools was, "Empirical Scholarship: What Should We Study and How Should We Study It?" Ir is no accident that all three plenary sessions for the Meeting included current and former members of the ABF research faculty or visiting scholars- Shari Diamond, Elizabeth Mertz, John Donohue, Ian Ayres, Keith Hylton, and Thomas Mitchell. 2) The social sciences and humanities. The Center for Advanced Study in the Behavioral Sciences selected an ABF project- Legal and Social Scientific Perspectives on Employment Discrimination-as one of its special projects in 05-06, resulting in a Center Fellowship for ABF Scholar Laura Beth Nielsen. Vicky Woeste won a fellowship from the National Endowment for the Hwnanities for her pathbreaking work on the libel lawsuit prosecuted against Henry Ford in the I 920's for antisemitic publications. 3) The judiciary. ABF research is cited by the courts. Justice Breyer referred in the Miller-El case, handed down in June 2005, to ABF research conducted by Mary Rose, former research fellow, on the effects of peremprory challenges on the racial composition of juries. Shari Diamond's research on civil juries played a role in shaping the recommendations from the American Jury Project that were adopted by the ABA House of Delegates in 2005. Through her participation in the Seventh Circuit American Jury Project and several talks to conferences of judges, Senior Research Fellow Diamond is having a direct effect on jury procedures and instructions. 4) Policy arenas. ABF research and ABF researchers are participating in policy debates that will influence the role that law will play in many important arenas.
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