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
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. For example, John Hagan's research on the alleged genocide in Darfur has been widely cited in news reports and policy commentaries concerning the scope of that unfolding tragedy (including Science , 9/15/06), and has spurred calls for more assertive intervention by the international community.
5) The legal profession. ABF research addresses many issues of critical concern to the legal profession. The ABF continues to be the leading authority on the legal profession, with research that sets the standard for understanding the demographics of lawyers, the true character of satisfaction and dissatisfaction of lawyers, the changing prospects for women and minorities in the profession, the determinants of pro bono activity and other forms of community services by lawyers, the effect of legal representation on the social outcomes of traditionally disadvantaged groups, and how legal education shapes the thinking processes of law students and the roles young lawyers ultimately play in practice.
More broadly, ABF research informs the legal profession about matters that a learned profession cares about: the impact of and contested character of the rule of law, the underpinnings of the legitimacy of the criminal justice system in the United States and other societies, the history of calls for exceptions to constitutional procedures based on emergency conditions, the role of law in shaping the response to the global AIDS epidemic, the historical role of law in economic development, the social and political foundations of judicial independence, to name but a few examples.
2006 Annual Report 5 1. The people. The ABF has the best researchers doing empirical research on Law. At the senior Level, nine of our research faculty hold endowed chairs either at the ABF or in the universities in which they are jointly appointed. Over the last five years, our researchers have earned more than a dozen major prizes, including the Nobel Prize in economics, the John Bates Clark Prize in economics, fellowships at the Center for Advanced Study in the Behavioral Sciences and the Russell Sage Foundation, fellowships from the National Endowment for the Humanities, and major book and article prizes. The ABF has long been an incubator for scholars and scholarship in the field. ABF research assistants and pre- and post-doctoral fellows have gone on to positions in major research universities, such as Stanford, Duke, the University of Chicago, Indiana, Illinois, Texas, Case Western Reserve, Harvard, and Minnesota. Every summer the ABF hosts four undergraduate minority fellows supported by the Montgomery Fund, the Summerfield Foundation, and Chicago law firms. These students have gone on to exceptionally successful careers in law and the academy. In the current year we are delighted to welcome another strong group of Graduate Fellows and Visiting Scholars who joined us in the Fall of 2006. They are: Graduate Fellows Anya Bemstein (Univ. of Chicago) and Matt Patton (Univ. of Chicago); and Visiting Scholars Bernadette Atuahene (Chicago-Kent College oflaw), Richard R. John (Univ. of lllinois at Chicago), Laurie Schaffner (Univ. of Illinois at Chicago), Mae Ngai (Columbia Univ.), and William Bridges (Univ. of Illinois at Chicago).
2. The projects. ABF projects consistently achieve a scale that is unmatched in most social science research in general, and which is truly unique in the field of law and social science. Current projects continue to exemplify that virtuosity. Hagan's research on Darfur draws on an extraordinary set of data- interviews with refugees living in camps on the border between Chad and the Sudan-which have been translated from Arabic. Carol Heimer's research on the legalization of medicine in AIDS treatment and research is based on fieldwork and observation in Uganda, Thailand, South Africa, and the United States. The After the JD study, led by faculty fellow Ronit Dinovitzer and other researchers, is interviewing a large random sample (some 4500 respondents) who passed the bar in the year 2000 at three times during the first 10 years of their careers. It thus will produce an unprecedented study of career change among American lawyers. John Hagan and collaborators are launching a study of the effects of parental incarceration on the lives of young people, adding innovative data to a survey of some 14,000 young persons who are being studied over several years. Perhaps not surprisingly, all of the studies referred to above have received support from the National Science Foundation, despite the fact that NSF funds only a small fraction of the applications they receive, after intense peer-reviewed scrutiny. This year the Foundation has approved a new set of important research projects. Susan Shapiro's pathbreaking observational study of surrogate decisionmaking in the stroke unit of a hospital will reveal how families make life and death decisions about the medical care of loved ones. Janet Nadler and Shari Diamond are studying the psychological underpinnings of the strong negative public reactions to the Keio decision (which allowed takings for commercial development). ln the aftermath of the case, several states put propositions limiting such takings on the ballot. John Heinz and collaborators are examining networks among lawyers who represent powerful interest group organizations across the political spectrum in an effort to better understand the role of lawyers in interest group conflict. Director Emeritus Bryant Garth is taking a leading role in organizing an intemational conference to be held at the ABF on the construction of the rule of law. 3. The ABF identity. The ABF is recognized as a distinctive leader in each of the major subfields of our research program. As a result the ABF has significant influence on the entire field of law and social science. Other organizations in the field look to the ABF for leadership on research efforcs. The ABF currently is involved in partnerships with the Ford Foundation, the Center for Advanced Study in the Behavioral Sciences, the National Association for Law Placement, the Law School Admissions Council, and the Harvard Law School Program on the Legal Profession. Other law schools and institutions have expressed interest in new collaborative efforts. ABF affiliated scholars include faculty from leading research universities and law schools, such as California-Berkeley, Columbia, Harvard, Illinois, Texas, and Yale.
6 American Bar Foundation 4. Connections-professional values. In many ways and for many reasons, ABF research takes up and builds upon the professional values of lawyers. Much of this orientation is built into the very character of the ABF as a research institution, which recruits scholars who are dedicated to advancing justice through empirical research, whose research agendas are shaped by contacts with colleagues at the ABF, legal scholars, practi.tioners, and leaders of the organized bar, and whose research proposals finally are approved by the Board of Directors. This year's Fellows Research Seminar organized in consultation with the Fellows Advisory Research Committee and held in Chicago at the Midyear Meetings of the ABA exemplified this connection. The seminar recognized the career contributions of William Reece Smith, Jr. who has been president of the ABA, the ABF, the ABE, and the IBA. The theme of the seminar was "International Perspectives on Lawyer Professionalism and Ethics." The seminar incorporated reports from ABF scholars John Hagan on his study of Iraqi judges and Terry Halliday on his work on the role of lawyers in bringing about (or failing to bring about) political liberalism. These presentations were followed by spirited comments by an international panel of scholars and practitioners. 5. Connections-legal-professional agendas. The expertise of the ABF can help to inform specific efforts by lawyers and the organized bar to achieve specific goals. The ABF has provided research support to ABA President Michael Greco's initiative on a renaissance of lawyer idealism, to President Karen Mathis's Second Season initiative, and to President-elect William Neukom on his Rule of Law initiative. 6. New Initiatives. We are continuing a number of major initiatives Launched in the prior two years. First, through an expanded communications effort we have begun to better communicate to key audiences about the quality and significance of ABF research. These include major groups within the organized bar, as well as major media outlets, such as the ABA Journal, the National Law Journal, the New York Times, C-span, 20/20, the Daily Show, and Today. Second, we are more aggressively pursuing outside funding for research projects. Our efforts have borne fruit, with 9 new grants and some $2. l million in awards in the last year-a new ABF record. Among these grants are those provided by the consortium of funding organizations that will allow us to mount the second wave of the "After the JD" project, which is a signature research project for the ABF. Third, with strong leadership by our Fellows officers, Richard Pena, Ellen Rosenblum, and Ellen Flannery, the Fellows organization had a record year in new member recruitment and total revenue. ln addition to a wide range of Fellows events around the country and at the Annual and Midyear Meetings of the ABA, the Fellows held their first regional conference in Portland, Oregon in October. New Fellows Chair Ellen Rosenblum helped organize a superb program featuring several presentations by ABF research faculty, as well as excellent speakers from Oregon (including the Governor). Fourth, we are re-establishing funding for our highly successful doctoral fellowship program and plan to add two supported doctoral fellows to our research community in the Fall of 2007. Fifth, we have launched the first in a series of advisory groups on some of our major programs of research. Advisory groups will help expand the base of expert lawyers who can become personally connected to ABF research. The first advisory group met in conjunction with Shari Diamond's jury research project. We hope it will become a springboard for a new research program in juries and the trial process. Sixth, under the Leadership of ABF President David Tang, we are engaging in a planning process to develop strategies for growing the ABF in the future so th.at we may better pursue our mission of expanding knowledge and advancing justice. As we reflect on the achievements of 2006 and the promise for the days ahead we note with sadness the passing of Robert 0. Hetlage, President of the Foundation, in July 2006. Bob was an accomplished and trusted lawyer and a great friend of the ABF. He served on our Board for 10 years, including two years as Vice President and two years as President. The thoughts of the ABF family go out to his wife, Ann.e, and his family. At this time of uncertainty and conflict about the proper role of law and lawyers in our society and around the world, there is a greater need now than ever before for empirical research that is comprehensive, objective, and creative. As a result we take pride in the work we are doing and look forward to expanding this important effort in the future.
Robert L. Nelson, Director
2006 Annual Report 7 Research Fellows
by outlaws and by states, often in the name of security threatens the prospects of democracy? The project is based on ethnographic and documentary research in South Africa.
Recent and Pending Publications Co-editor (with J. Comaroff), Law and Disorder in the Post:colony (University of Chicago Press, 2006) Joint Appointment: Harold W. Swift Distinguished Co-editor (with J. Comaroff & D. James), Picturing a Service Professor in Anthropology and the College, Colonial Pase: The African Phocographs of Isaac Schapera University of Chicago (University of Chicago Press, forthcoming 2006) Research Interests: legal and political anthropology, "Experiments in Enforcement: Popular Justice in the with a current focus on the Lensions between the New South Africa" (with J. Comaroff), in C. Winship, governance of postcolonial societies-especially post T. Meares, & R. Sampson, eds., Legitimacy and the apartheid South Afrim-and the rising incidence of Criminal Justice System: Volume II, The International criminal violence, informal justice, and cultural policing. Context (Russell Sage Foundation, fo rthcoming 2006) "The Portraits of an Ethnographer as a Young Man: Current ABF Projects The Photography of Isaac Schapera in 'Old Botswana'" Popular Justice, Criminal Violence, and (with ]. Comaroff), 22 Anthropology Today 10 (2006) Alternative Policing in the New South Africa "Figuri ng Crime: Quantifacts and the Production of (with Jean Comaroff) the Unreal" (with]. Comaroff), 18 Public Culture 207 Since the end of apartheid in 1994, South Africa has (2006) witnessed a rising sense of panic about crime, especially "Colonizing Currencies: Cows, Cash, and crimes of violence. While it is not clear whether there Commensuration in South Africa" (with]. actually is more law-breaking now than in the past-in Comaroff), in P. Geschiere & W. van Binsbergen, fact, rates of homicide, armed robbery, and the like have eds., Commodification: Things, Agency, and Identities shown a marked downward trend over the past five or so (The Social Life of Things Revisited) (UT, 2006) years-most South Africans believe crime to be "out of "Beasts, Banknotes, and the Color of Money in control"; this in spite of a thriving economy and a rising Colonial South Africa" (with ]. Comaroff), 12 new black middle class. The reaction to this panic has Archaeological Dialogues 1 (2006) been an alarming resort to "informal" policing, more or less organized populist counter-violence that the Slate Recent Presentations denigrates as "vigilantism." This counter-violence takes "Ethnicity, Incorporated," Fifth Anniversary Lecture, a range of forms, from individual, "lone rangers" Wits Institute for Social and Economic Research, through voluntary and community associations, to University of the Witwatersrand, February 2006 unwarranted, but corporate-styled, highly elaborate alternative police forces. This project explores the rise "Law and Disorder in the Postcolony," Grand Lecture, of these various forms of popular policing, seeks their University of Vienna, June 2006 causes and the extent of their social approval, explores "ls Europe Evolving Toward Africa," University of the ambiguous reactions of the state and th.e police to Barcelona, October 2006 them, and asks what their implications are for the "Some Thoughts on Law, Governance, and the Future nature of social order in South Africa. It also has a com of Legal Anthropology," Keynote Address, Conference parative dimension: How unique is all this to South on Law and Governance, Max Planck Institute, Halle, Africa? Are we, as some have suggested, seeing a world Germany, November 2006 wide explosion of criminality and populist counter-vio lence? And, if so, how is it to be explained? What has Professional Service and Recognition this to do with the growing view, across much of the Member, Editorial Group, Journal of Anrhro/mlogical global south, that criminal violence-committed both Research
8 American Bar Foundation Member, Editorial Advisory Board, Hagar: International Social Science Review Member, Committee for Conflict and Reconstruction in Multiethnic Societies, National Academy of Sciences Member, College of Reviewers, Canada Research Chairs Program, Social Sciences and Humanities Research Council of Canada Member, Steering Committee for Franke Humanities Institute (University of Chicago) project on New Research Interests: law and public pol.icy; PersjJectives in the Disciplines: Comparative Studies in components of the U.S. civil justice system; U.S. Higher Education, funded by the Andrew W. Mellon Supreme Court/Constitutional Law. Research has Foundation addressed legal services for the poor, public opinion on Visiting Professor, University of Vienna the legal system, plaintiffs' lawyers, juries, trial courts, and the politics of tort reform, including the areas of Director and Faculty, University of Chicago African medical malpractice, products liability, and punitive Studies Abroad Program, South Africa damages.
Current ABF Projects It's Deja Vu All Over Again: Plaintiffs' lawyers and the Evolution of Tort Law and Practice in Texas (with Joanne Martin) This project is examining the effects of tort reform on plaintiffs' lawyers' practices through a study of the impact of a series of major rort reforms recently enacted in Texas. Recognizing that these lawyers are the gate keepers of the civil justice system and that one goal of tort reform is to make certain kinds of cases financially Research Interests: statistical studies of the legal unattractive, the research seeks to understand the profession, legal needs of the public, gender bias in the effects of such reforms on access to the rights and reme courts. dies the law provides. lt buiJds on earlier research on Texas plaintiffs' lawyers conducted by Daniels and Mar Overview of Selected ABF Projects tin and relies upon surveys of and in-depth inrerviews with Texas plaintiffs' lawyers. The Lawyer Statistical Report, which has been an early Among the findings to date is a shift in lawyers' and continuing publication in cooperation with Martin practices away from medical malpractice cases in light dale-Hubbell, provides a profile of the legal profession of a $250,000 cap placed on non-economic damage and data on its composition and the work settings in awards by the 2003 reforms. Most dramatically, few, if which lawyers practice. A report on the legal profession any, plaintiffs' lawyers arc now taking medical malprac in the year 2000 was published in 2004. A report on the tice or nursing home cases involving the elderly or mal profession in the year 2005 in now being prepared. practice cases involving women who are at home raising In the 1970s a national survey was conducted of the their children. The lack of substantial economic dam legal needs of the public that documented for the first ages and the expenses involved in adequately preparing time how people use lawyers and the surprising extent such cases coupled with the cap on non-economic dam to which people with valid legal claims fail to pursue ages make the cases financially problematic for Lawyers them because of concerns about the ava ilability of working on a contingency fee basis. One lawyer went so affordable legal services. The study's findings, reported far as to claim that the cap "essentially closed the court in The Legal Needs of the Public, were cited extensively house door to the negligence that would kill a child, a in Bates v. O'Steen, the landmark decision that over housewife or an elderly person ... unless it's drop-dead turned bans on lawyer advertising, and it figured promi negligence that you can prosecute with one or two nently in the debates on federally subsidized legal serv experts, that's just not a case that 1 think in Texas right ices, prepaid plans, and alternative dispute resolution. now is a viable case." The study was updated in 1990. Among other projects were studies of the delivery of legal services to the poor, consumer credit legislation, and gender bias in Illinois courts
2006 Annual Report 9 Legal Services for the Poor: tern and tort reform, tort reform may then be seen as a A Supply Side Analysis (with Joanne Martin) legitimate reflection of the popular will and as an exam Providing adequate legal services to the poor is a peren ple of public policy being shaped democratically. Tore nial problem. Typically, it is addressed in terms of the reform would gain substantial legitimacy as a result. amount of unmet demand. Little attention, however, is More specifically, Lhis project seeks to determine paid co the supply side of the equation and the question whether the public opinion we see, and often respond of what legal services arc actually available in the face lO, with regard to the civil justice system is relatively of unmet demand. This project is grounded in the intell1gihlc over rime and whether it exhibits patterns proposition that it is not the demand side but the sup and changes consistent with the idea of tort reform as a ply side chat defines the "legal needs" that will be met. reflection of the popular will. Three issues are key: The supply side does so by the way it allocates scarce whether public opinion changed in a negative direc resources available for legal services (money and legal tion; whether any such change preceded major public talent). relations and political campaigns by pro-reform interest T he preli minary findings suggest that those provid groups; and whether any independent changes in public ing the scarce resources, such as large law firms, have opinion preceded enacted tort reform measures. their own go<1ls in supporting legal services-goals Lhat T he primary data used in addressing these issues arc may have little connection lo unmet demand. Law firms responses to puhlic opinion surveys. Relying on the pub look at their investment in legal services (or pro bono) lic opinion archives kept by the Roper Center at the very pragmatically and legal services organizations know University o( Connecticut and by the Inter- Un iversity that they do. As stated by the head of one legal services Consortium for Political and Social Research, darn have organization interviewed as a part of this research, been collected on over 1,100 public opinion survey "you've got lo sell ... and you ain't going to seU them by questions involving the civil justice system (the ques saying it's GoJ's work." The comments of a pro bono tions being taken from more than 100 different nation partner in a large firm show why: "my job is to decide if al surveys) for the years 1960 to 2005. As an alternative among the (potential) project cases (brought co Lhe firm source on public opinion with regard co the civil justice by legal services organizations) there are things that arc system, voting data from forty-four differenc state ballot unu~ual, that make a difference, and chat would fit in initiatives and referenda dealing with civil justice with a number of models (within the firm). So no, we reform for the years 1984 to 2005 have also been col don't do consumer fraud cases or divorce." Consumer lected. In addition, relying on a number of different and family matters are among the areas of greatest sources, information has been collected on torr reform unmet demand. In other words, a legal services organi measures passed by state legislatures from 1970 to 2005. zation needs LO show that supporting its area of work is Preliminary analysis shows that public opinion did good for the law firm, that it's good business-not that become more negative starting in the middle 1980s, but it is <1n nrea of unmet demand. then began to moderate in the late 1990s. Preliminary Focusing on Cook County, Illinois, the research is analysis also indicates th<1t the changes in public opin addressing the question of how limited funds, limited ion do not appear to have preceded pro-reform inceresc legal resources ( lawyers), restricrions on funding, and group campaigns and that the connection between the priorities of funders shape the market for legal serv changes in opinion and legislative changes in the law ices for people of limited means. To this end, interviews are problematic. Most recently, despite a moderation in with legal services organizations, funders, lawyers, and public opinion, state legislative activity with regard to law firms arc being conducted to examine how legal tort reform has increased as has the number of state bal services are allocated across a major urban community. lot iniliatives and referenda. Interestingly, of the thir Leen measures on state ballots in 2004-05 chat would Public Opinion an d the Civil Justice System limit access, rights, or damages, only four passed. What do people think of the civil justice system? This Recent ~ rici Pending Publications project seeks LO answer that question agamst the back drop of the politics of tort reform and the changes in the "The Texas Two-Step: Evidence on the Link Between Damage Caps and Access" (with Marcin). law that have resulted from the tort reform movement. J. 55 DePaul lAw Review 635 (2006) Claims about public opinion have been used by pro reform groups to argue for the existence of serious prob "Alive and Well in Texas (Maybe): Plaintiffs' Practice lems in the civil justice system and the need for substan in the Age of Tort Reform" (with J. Martin), 51 New tial change as well as lo ~how public support for partic York Law School !.Aw Review (forthcoming 2006) ular changes those groups favor. If there is a clear con "Plaintiffs' Lawyers, Specialization and Medical gru ence between people's views of the civil justice sys- Malpractice" (with J. Martin), 59 Vanderbilt Law Review 1051 (2006)
10 American Bar Foundation Recent Presentations shows how jurors use the opportunity to submit ques "The Evolution of the Plaintiffs' Bar: A Decade of tions for witnesses during trial. Jurors' questions provide Change," Annual Meeting of the Law and Society both a potentially valuable tool for jurors and a window Association, Baltimore, July 2006 into juror thinking. We closely examined the 829 ques "Tort Reform and Lawyer Referral Networks: tions jurors submitted during the civil trials in the Ari Disrupting the Flow" (with J. Martin), Annual zona Filming Project and the videotapes of the jury Meeting of the Law and Society Association, deliberations in those cases. The vast majority of the Baltimore, July 2006 juror questions demonstrated a problem-solving approach consistent with the jurors' role as fact-finders, "Plaintiffs' Lawyers on the Defensive" (with J. Martin), rather than as advocates. Jurors used their questions to Symposium on the Plaintiffs' Bar, New York Law thread their way through the conflicting evidence pre School Center for Professional Values and Practice, sented at trial to produce a plausible account of the New York, NY March 2006 events that led to trial. Their questions generally did Professional Service and Recognition not add significant time to trials. Jurors tended to focus their questions on the primary legal issues in the cases Member, Editorial Board, Justice System Journal and to direct them to witnesses who provided testimony Member, Academic Advisory Committee, Roscoe on central issues. A substantial number of juror ques Pound Foundation tions reflected efforts to clarify the testimony of witness es and fill in gaps, but in addition almost half of the questions enlisted an approach we call Cross-Checking: using a process of comparison to evaluate the credibili ty of witnesses and the plausibility of account.s offered during trial. Talk about answers to juror questions did not dominate deliberations. Rather, the answers to juror questions appeared to supplement and deepen juror understanding of the evidence. In particular, the ques tions jurors submitted for experts revealed efforts to grapple with the content, not merely the trappings, of challenging evidence. Few juror questions suggested an effort to prove a point rather than to gather informa Joint Appointment: H oward J. Trienens Professor tion. The procedures used to guide the questioning of Law and Professor of Psychology, Northwestern process can be crucial. Drawing on Arizona state expe University School of Law rience and Seventh Circuit federal experience in a pilot Research Interests: three critical tensions that test permitting juror questions, we describe procedures permeate legal decision-making: conflicts between likely to optimize the use of juror questions. expertise and impartiality; between discretion and legal Evidence in the modern American jury trial control; and between science and law. Research addresses increasingly includes scientific, technical, or other spe how these conflicts emerge and influence jury and judicial cialized knowledge. Experts can be found in the modem decision-making, as well as the use of scientific evidence American courtroom on the jury as well as in the wit in the courts. ness box. Nurses, engineers, and lawyers increasingly appear on juries, potentially supplying an additional Current ABF Projects pool of knowledge for the jury, but also presenting a Building on the Arizona Filming Project potential source of invisible and uncontrolled influence (with Mary R. Rose) on the jury. Courts give jurors ambiguous guidance on A variety of studies have been conducted based on the how juror expertise should be handled. On the one deliberations of the jurors in the 50 civil trials in the hand, jurors are told they will decide what the facts are Arizona Filming Project. Ongoing studies include from the evidence presented here in court. By direct research on the influence of testifying experts, use of implication, then, jurors should not use outside infor jury instructions, the selection and activities of foreper mation to evaluate the evidence. Jurors are also told, sons during deliberations, and decision-making on dam however, that they should consider all of the evidence ages. Two topics covered in the research this year were in the light of reason, common sense, and experience. (1) juror questions submitted during trial, and (2) Indeed, it is clear that all decision-makers, including embedded experts on the jury. jurors, arc unavoidably influenced by their own back A forthcoming article (Vanderbilt Law Review) grounds and experiences as they evaluate evidence and reach decisions. Drawing on the deliberations of jurors
2006 Annual Report 11 from the Arizona Fi lming Project, which reveal how Recent Presentations real jurors use their expertise in the juryroom, and a sur "The lure and Limits of Experimental Studies on the vey of 135 judges and attom eys who evaluated the Law," Annual Meeting of the American Association appropriateness of six instances of juror expert offerings of Law Schools, Washington, DC, January 2006 in the juryroom, we consider the desirable range of "Lessons on Lineups: What Attorneys (and behavior by jurors with specialized expertise and suggest Psychologists) Need to Know," American Association a reasonable response to the increasing presence of juror of Law Schools Workshop on Criminal Law and expertise in the juryroom. Procedure, Vancouver, Canada, June 2006
Condemn-Nation: The Soc ial Psychological "Jury Reform: Making A G reat System Better or Foundations of the Keio Backlash Fixing What Isn't Broken?" Moderator/Presenter, 9th Circuit Judicial Conference, Huntington Beach, (with Janice Nadler) CA, July 2006 This project seeks to understand and explain the "Presiding Jurors: Selection and Pe1fom1ance (with extreme public reaction to the Kelo case, in which the M.R. Rose, A, Krebel, & B. Murphy), Law and Society U.S. Supreme Court ruled that govemments are permit Association Annual Meeting, Baltimore, July 2006 ted to force the sale of pri vate property for the purpose of promoting economic development. It focuses on the Professional Service and Recognition rift between the public's expectations ahour the circum Member, Seventh C ircuit American Jury Project stances under which government should be permitted to Commission take private property, on the one hand, and eminent domain law, on the other. The goal of these studies is to Member, American Association for the Advancement provide an initial map of common sense perceptions of of Science/American Bar Association, National justice regarding takings. Conference of Lawyers and Scientists (NCLS) Member, Advisory Committee for Social, Behavioral, Recent and Pending Publications & Economic Sciences, National Science Foundation "Juror Questions During Trial: A Window into Juror Member, Editorial Boards, Journal of Empirical Legal Thinking" (with M.R. Rose, B. Murphy, & S. Smith), Studies; Law and Human Behavior; Law & Policy; Vanderbilt Law Review (forthcoming) Psychology, Law & Crime; Psychology, Public Policy, "Beyond Fantasy and Nightmare: A Portrait of the & Law; and Justice System]oumal Jury," Buffalo Law H.eview (forthcoming) "The Costs and Benefits-But Mostly Benefits--of Unanimity (with M.R. Rose & B. Murphy), California Couns Review 10 (Fall 2006) "Juror Q uestions at Trial: In Principle and In Fact," 78 New York State Bar Association Journal 23 (2006) "Evaluating Videotaped Confessions: Expertise Provides No Defense Against the Camera Perspective Effect" (with G .D. Lassiter, H.C. Schmidt, & J.K. Elek), Psychological Science (forthcoming) "Psychological Contri butions to Evaluating Witness Testimony," in E. Borgida & S. Fiske, eds, Beyond Common Sense: Psychological Science in the Courtroom (Blackwell, forthcoming) "Revisiting the Unanimity Requirement: The Behavior of the Non-Unanimous Civil Jury (with M.R. Rose & B. Murphy), 100 Northwesiem University Law Review 201 (2006)
12 American Bar Foundation sion in particular countries, including the relationship to social and economic power inside and outside the state; the relationship of the profession to colonial processes, including the processes that lead to the import and export of expertise in governance; and ulti mately the role and position of law in different social contexts.
Recent and Pending Publications Research Interests: die legal profession, dis/nae "The Changing Social Role of Urban Law Schools" resolution, and internationalization. The to(Jic:s intersect (with J. Sterling & R. Dinovitzer), Southwesrem around the question of how internationalization-seen as University Law Review (forthcoming 2007) the import and export of ideas, technologies, approaches, resources, and hierarchies--affects the position and "Rebuilding International Law after the September im/Jortance of law in re&rnlc1ting the economy and the state. 11 Attack: Contrasting Agendas of l ligh Priests and Legal Realists," Loyola. Interrwtional Law Review Current ABF Projects (forthcoming 2007) International Strategies, Law, and the "Introduction: Taking New Legal Realism to Reconstruction of Asian States (with Yves Dezalay) Transnational Issues and Institutions," Law & Social Inquiry (forthcoming 2007) This project explores the transformations that have taken place in the role of law in recent decades through "Exporting and Importing Democracy and the Rule processes linked to globalization. The project involved of Law: Understanding Colonial Processes and their more than 300 total interviews in a number of Asian Impacts," NACLA (forthcoming 2007) countries: Hong Kong, India, Indonesia, Malaysia, the "From the Cold War to Kosovo: The Rise and Renewal Philippines, Singapore, and South Korea. The goal of of International Human Rtghts Law as a Socio-Legal the project is to complete a book on this subject, tenta Field" (with Y. Dezalay), Annual Review of Law and tively entitled, "Revamping Legal Virtue: Legal Strate Social Science (forthcoming 2006) gies, True Believers, and Profiteers in the Market for "Lawyer Satisfaction in the Process of Structming Global Hegemony." It explores the colonial origins of Legal Careers" (with R. Donovitzer), Law & Society legal systems, the transformations that took place in Review (forthcoming 2007) particular through campaigns for national independ "From the Foreign Policy Establishment to the ence, and the revival or revamping of law that has taken Legalization of Foreign Policy" (with Y. Dezalay), place in the post-Cold War period. The strong differ in M. Grossberg & C. Tomlins, eds., Cambridge ences in the situations in differen t countries relate espe Histary of American Law (forthcoming) cially to colonial histories, strategic relations in the "Les usages nationaux d'une science 'globale': La Cold War, and the integration of particular countries diffusion de nouveaux paradigme,~ economiques comme into the global market for the import and export of strategie hegemonique et enjeu domestique clans les expertise. T he book will contrast the impact of the champs nationaux de reproduction des elites d'Etat" expertise associated with law and the impact of global (with Y. Dezalay), 48 Sociologie du Tra~1a il 308 (2006) ized economics. "The Legal Construction of A Politics Of Notables: Lawyers and the Construction of the Rule The Double Game Of The Patricians of The Indian of Law: National and Transnational Processes Bar In The Market Of Civic Vinue" with Y. Dezalay, 29 Reefrerd Nordic Legal]oumal 42 (2006) (with Yves Dezalay) "Observations From the After The Bar Survey of the This project will convene a conference and produce an Bar Class Of 2000" (with R. Nelson, R. Oinovitzer, J. edited volume that will provide further insight on the Sterling, G. Wilder, & T. Adams), 24 Quinniapac Law processes involved in the promotion of the rule of law. Review 539 (2006) lt will bring together scholars seeking to use the tools of in-depth empirical research to place the transnational "ls It Ttme for a New Legal Realism?" (with H. processes in the context of different local settings. Erlanger, J. Larson, E. Mertz, V. Nourse, & D. Wilkins), Insight on the processes is essential to understand how 2005 Wisconsin lnterdisciplinary Law Review 335 (2006) to make sense more generally of the perpetual "half "Lawyers in Their Habitats: Law Firms Contemplating full/half empty" dilemma of rule-of-law assistance and Transnational Mergers Should Start Thinking Like assessment. The project will also provide a point of Anthropologists," Legal Affairs (January/February entry to understand the development of the legal profes- 2006)
2006 Annual Report 13 Recent Presentations "Revamping Legal Virtue: Building the Rule of Law in Asian States, Focusing on the Philippines." Sociology Department Colloquium, University of California, Berkeley, April 6, 2006 "From the Foreign Policy Establishment to the Legalization of Foreign Policy," Center for the Study of Law and Society, University of California, Berkeley, April 10, 2006 Joint Appointment: Robert P. Gwinn Professor of "Underdog Legal Knowledge and Globalization," Economics, Graduate School of Business, University Keynote Speaker, Australasian Law Teachers of Chicago Association Annual Conference, Melbourne, July 5, 2006 Research Interests: the impact of public policy on the economy, particularly tax policy and policies affecting "Rebuilding International Law after the September 11 the Internet and the information economy. Research is Attack: Contrasting Agendas of High Priests and Legal predominantly data intensive wark evaluating these issues . Realists," Speaker for the Dedication of the Wing-Tat Lee Chair in International Law, Loyola University Current ABF Project Chicago School of Law, September 11, 2006 The Impact of Banks, Regulation, Professional Service and Recognition and Taxes on the Survival and Operation of Entrepreneurial Ventures Chair, Advisory Board, Law School Survey of Student Engagement, Indiana University-Bloomington This project is using confidential data from the U.S. Census about the characteristics of entrepreneurs and Member, Executive Coordinating Committee for small business owners to examine the impact of tax and Study of "After the J.0 .: The First Ten Years" other policies on the operation of entrepreneurial ven Member, Hughes Committee, University of Denver tures. Drawing on this information, the study is explor College of Law ing whether changes to marginal tax rates at the top of Member, Research Committee, Association of the income distribution had any noticeable impact on American Law Schools the hours that entrepreneurs work on their businesses or Member, Curriculum Committee and Out-of-the on the share of their time they devote to entrepreneur Box Committee, ABA Section of Legal Education ial ventures. Also being tested are such issues as the effect of tax rates on entrepreneurs' decisions to operate a home office or offer health insurance to their workers, as well as their ability to stay in business. To date some interesting findings have emerged. People for whom entrepreneurial activity is their pri mary line of work are not very sensitive to tax rates in their decisions. For people who are doing their ventures on the side, however, in that they are not spending much of their total time on the company and are large ly just earning a small amount of side income, the deci sion to be entrepreneurial is highly influenced by tax rates. This may suggest that a tax system be designed to allow a small amount of independent income at a very low rate or even exempt it and then treat larger ventures the way ordinary jobs are treated.
Recent and Pending Publications "Valuing Consumer Goods by the Time Spent Using Them: An Application to the Internet" (with P. Klenow), 96 American Economic Review (Papers and Proceedings) 108 (2006)
14 American Bar Foundation "The Impact of Internet Subsidies for Public Schools" Recipient, Peter Lisagor Award for Exemplary (with J. Guryan.), 88 Review of Economics and Statistics Journalism, Society of Professional Journalists/Chicago 336 (2006) Headline Club, 2006 "The Value of Broadband and the Deadweight Loss of Member, Search Committee for the editor of Taxing New Technologies," 5 Contributions to Economic American Economic Association's new Journal of Policy Analysis & Policy Art. 8 (2006) Member, Program Committee, American Economic "World Wide Wonder? Measuring the (non-) Impact Association Annual Meeting of Internet Subsidies in Public Schools," 6 Education Member, U.S. Census Advisory Commission Next 61 (2006) "In Retirement Planning, There is Nothing Certain about Death and Taxes," New York Times, November 9,2006 "In the New China, Banks Still Cling to Old Ways," New York Times, October 12, 2006 "Even for Shoe Bombers, Education and Success Are Linked," New York Times, September 14, 2006 "What Baseball Can Teach Those Who Dream of Creating the Next Silicon Valley," New York Times, August 17, 2006 "Count Ethnic Divisions, Not Bombs, To Tell If a Joint Appointment: John D. MacArthur Professor Nation Will Recover From War," New York Times, of Sociology and Law, Northwestern University July 20, 2006 Research Interests: topics range from causes of "Legislate Leaming English? If Only It Were So Easy," crime to war crimes and human rights. Research fuses New York Times, June 22, 2006 crime and justice issues, examining the projection of "Hello Yow1g Workers: One Way to Reach the Top human rights advocacy in an era characterized by the Is To Start There," New York Times, May 25, 2006 increa.sing perpetration of war crimes. "In iTunes War, France Has Met the Enemy. Perhaps It Is France," New York Times, April 27, 2006 Current ABF Projects "Where the Buses Run On Time: The Lure of From Law School to Later Life: Incentive Pay," Slate, March 16, 2006 A 20-Year Panel Study of the Careers of Women and Men Lawyers "The Benefits of Bozo: Proof that TV Doesn't Harm Kids," Slate, February 16, 2006 This study involves the fourth wave of a panel study that began with 1051 female and male Toronto lawyers Recent Presentations in 1985, the approximate year in which "early cohort" women lawyers attained numerical parity in law "Researching the Information Economy in an Age schools. of Information,'' PELS Lecture, Harvard University, This study tracks the unfolding lives of these April 2006 lawyers over a more than twenty-year period, with the goal of enhancing our understanding of the experiences "A Plan for Simpler Tax Filing," Brookings that have shaped their current lives. The last twenty Institution/Hamilton Project, May 2006 years present an important time of continuity and "Valuing Consumer Goods by the Time Spent Using change in career trajectories, especially for early cohort Them: An Application to the Internet,'' American women Lawyers who have challenged assumptions about Economic Association Annual Meeting, Boston, their profession. The fourth wave makes it possible to January 2006 assess, for example, how long-lasting early educational endowments and experiences are in determining Later Professional Service and Recognition career outcomes. The 2005 recontact survey includes Fulbright Scholar 2006-2007 (for research on taxes information on marriage and child-bearing as well as life and the Internet in the European Union and the history data on occupational movements from the United States) beginning to late stages of these lawyers' careers. A Named one of the 40 Under 40, Crain's Chicago paper from this project, "Even Lawyers Get the Blues," Business, 2006 will appear this year in Law & Society Review.
2006 Annual Report 15 A Peace Corps for Lawyers: National Longitudinal Study of Adolescent HealLh, From Legal Services to the Central European which includes information from more than 2000 sons and Eurasian Law Initiative (with Ron Levi) and daughters of fathers who have spent time in jail or This project is an historical and empirical study of the prison during the peak growth years of incarceration in Central European and Eurasian law Initiative (CEEU) this country, the project will trace rhe impact of this program and its life course implications for its voluntary parental imprisonment on Lheir sons and daughters from lawyer participants. It represenrs one of che first mid-adolescence to early adulthood. A challenge of this attempts to investigate che rule of law reforms from the project is to deepen and broaden understanding of inter botcom up. By focus ing on a process called legal alterna generational consequences of incarcerating parents. tion that links together research on social movements, life course sociology, and cause lawyering, this effort will Recent Publications generate an empirical base for studying international Inaugural Ediror, Annual Review of Law and Social law reform efforts. Science, Vol. 1, 2006 The research will make use of a variety of quantita Co-editor (with R. Peterson & L. Krivo), The Many tive as well as qualitative material, including archival Colors of Crime (New York University Press, 2006) records, oral history interviews with OEO Legal Ser "Death in Darfur" (with A. Palloni), 313 Science vices figmes, interviews with CEELI leadership figu res 1578 (2006) and past and present liaisons, and field imerviews with "The Politics of Punishment and the Siege of volunteer lawyer liaisons and CEELI resident workers. Sarajevo: Toward a Conflict Theory of Perceived Criminal Injustice" (with S. Kutnjak), 40 Law Explaining Death and Atrocity in Darfur & Society Review 369 ( 2006) (with Albert.a Palloni) "War Crimes, Democracy, and the Rule of Law in Drawing on a unique set of data- interviews with Belgrade, the Former Yugoslavia, and Beyond" ( wirb refugees-this projec t is examining empirically the S. Kutnjak), 605 Annals of the American Academy of claims of genocide in the Darfur region of the Sudan. lt Political and Social Science ] 30 (2006) will provide an objective and sophisticmed analysis that bears directly on the question of whether the deaths in "Swaying the Hand of Justice: Regime Change at the International Criminal Tribunal for the Former Darfur reflect genocide, counterinsurgency, or some Yugoslavia" (with R. Levi & G. Ferrales), 31 Law combination of the two processes. T his is a question of & Social Inquiry 585 (2006) fundamental importance to international criminal law and will provide a point of reference on whether and "The Science of Human Rights, War Crimes and how the Darfur case progresses to prosecution at the Humanitarian Emergencies," (with H. Schoenfeld & International Criminal Court. The development of A. Palloni), 32 Annual Review of Sociology 329 (2006) sophisticated social scientific techniques for examining "Juvenile Delinquency and Gender Revisited: The claims of genocide in this case may provide a set of tools Family and Power-Control Theory Reconceived" (with to address similar questions in other contexts. The A. Hadjar, D. Baier, & K. Boehnke), European Journal analysis will also shed light on the social and political of Criminolo&'Y (forthcoming) processes that produce widespread displacement, disor "Profiles in Punishment and Privilege" (with H. der, and de 16 American Bar Foundation Recent Presentations "The Flip Flop Science of U.S. Diplomacy in Darfur," Invited Lecture, University of California-Irvine, ~•. ,.- !l Terence Halliday t " · Ph.D., Sociology February 2006 ·l!I--.~ University of Chicago "Explaining Death and Atrocity in Da1fur," Race and Criminal Inequality Meetings, Ohio State University, ~...... July 2006 -l~- "How Law Rules: A Judicial Sentencing Experiment with Iraqi Judges," Annual Meeting of the American Research Interests: the globalization of law in markets Sociological Association, Montreal, August, 2006 and /Jolitics . The research on law and markets uses the area "The Conditional Rule of Law," Annual Meeting of of corporate bankruptcy law to learn how global norms are the American Society of Criminology, Los Angeles, formulated and what mechanisms and impediments exist November 2006 that affect their incorporation into the national legal systems of China, Indonesia and Korea. The research on politics Professional Service and Recognition involves the study of ways that rhe legal complex (e.g., lawyers, judges, prosecutors, law faculty) either contribute Criminology Editor, Journal of Criminal Law and to the advance of political liberalism or help defend against Criminology , Northwestern University School of Law ics decline. Member, Editorial Boards, Social Problems, Sociological Forum, European Journal of Criminology, Criminal Current ABF Projects Justice, Criminology, Theoretical Criminology, and Globalization of Law and Markets Canadian J oumal of Law & Society This ABF project on "The Globalization of Insolvency Appointed Member, National Scientific Advisory Law-Making: Law, International Institutions, Profes Council, National Survey of Adolescent Health sions, and Nation-States" has so far brought to comple Associate Editor, Canadian Journal of Criminology tion some twenty papers and nine published articles and chapters. A book manuscript (with Bruce Carruthers, Northwestern University), Globalization, Law and Mar kets, is about to be submitted to Stanford University Press. The book brings together the general research findings of the project on global norm-making and national law-making in China, Indonesia, and Korea. Among the key findings of the project are: What causes reforms of corporate bankruptcy law? A statistical analysis of identifiable bankrupLcy reforms in all countries from 1973 to 1998 shows that (a) no simple master process is at work, (b) an openness to the international economy and growth in exports and inter national cunency reserves increases the likelihood of legal reform; and (c) legal tradition (common v. civil law) did not affect the timing of bankruptcy reforms. A set of fairly coherent and convergent global stan dards for corporate bankruptcy regimes has emerged over the past ten years. A basic theory of law and devel opment underlies all these efforts: good law encourages more foreign investment which in turn stimulates eco nomic growth which increases financial stability and lowers poverty rates. There has been a movement from independent development of standards, and some com petition among international organizations, to global cooperation, most notably through the agreement of all intemational actors to work principally through the UN entity for developing global standards for commercial law. These have been sponsored by five kinds of inter national actors. International organizations have 2006 Annu.al Report 17 oped many technologies for global standard-setting. "Foiling the l Iegemons: Limits to the Globalization International actors use a range of mechanisms to prop of Corporate Insolvency Regimes in Indonesia, Korea agate norms ranging from coercion and modeling to per and China" (with B. Carruthers), in C. Anton & V. suasion. Gessner, eds., Law and Globalization in A~ia: From the A complex set of negotiations occur between glob Asian Financial Crisis to September 11 (Hart Publishing, al organizations and nation-states over the implementa 2006) tion of global norms. The impact of international organ "Law, Economy and Globalization: How Modern izations differs depending on the vulnerability of nation International Financial Institutions Embraced Adam states. Vulnerability is a function of two factors: the Smith and Accidcntly Discovered Max Weber" (with asymmetry of power between global and local actors; B. Carruthers), in R. Swedberg & V. Nee, eds., The and the cultural or social proximity of nation-states to Spirit of Global Capitalism (Stanford University Press, global institutions. However, even the weakest of devel forthcoming) oping nations has considerable capacity to foil pressures from global institutions. Recent Presentations The 20-year development of rhe international field "Legitimacy, Technology, and Leverage: The Building of insolvency law has had discernible outcomes. Global Blocks of Insolvency Architecture in the Decade organizations have converged on a single, albeit multi Past and the Decade Ahead," Brooklyn Law School faceted, standard, promulgated by United Nations Symposium, Bankruptcy in ihe Global Village-The Commission on International Trade Law. The prevail Second Decade, October 2006 ing substantive consensus follows a central premise of "Harmonization and Modernization in UNCITRAL's U.S. bankrnptcy law-that failing companies should be Legislative Guide on Insolvency Law" (with S. Block given the oppornmity for rehabilitation if there is any Lieb) , Brooklyn Law School Symposium, Bankruptcy in prospect of saving them. the Global Village-The Second Decade, October 2006 "The Implementation Gap in Law and Development," The Legal Complex and Semina1·, Legal Vice-Presidency, World Bank, June Globalization of Political Liberalism 26, 2006 The first phase of this project has been completed with "Lawmaking and Institution-Building in Asian the submission of a book manuscript, Fighting for Politi Insolvency Reforms: Between Global Norms and cal Freedom: Comparative Studies of the Legal Complex National Circumstances," Fifth Forum on Asian and Political Change (edited by Terence C. Halliday, Insolvency Reform, Hosted by the OECD, World Lucien Karpik & Malcolm M. Feeley). Fifteen scholars Bank, and Asian Development Bank in cooperation appraise the contributions of lawyers, and other legally with the Governments of China, Australia and Japan, trained occupations, to three phases of political liberal Beijing, China, April 27-28, 2006 ism-obtaining freedom (Korea, Taiwan, China, Hong Kong, Japan, Spain, Egypt), maintaining freedom Professional Service and Recognition (Brazil, Argentina, U.S., Turkey, Israel, Italy), and los Expert Observer: United Nations Commission ing freedom (Chile, Venezuela). The authors argue that on International Trade Law (Working Group on the fates of lawyers and political liberalism depend upon Insolvency) the dynamics within the legal complex-the relation Co-Convener: Collaborative Research Network, ships among lawyers, judges, law professors, prosecutors The Legal Complex and Political Liberalism, Law and government lawyers. and Society Association; co-chair, project on The Legal Complex and Political Liberalism, Research Recent and Pending Publications Committee on Sociology of Law, International "Negotiating Globalization: G lobal Templates Sociological Association and the Construction of Insolvency Regimes in Professor, "Law, Globalization and Markets." Masters East /\sia" {with B. Carruthers), Law & Sucial Program in Sociology of Law, International Institute Inquiry (forthcoming 2006) for Sociology of Law, Onat i, Spain, February 19 to "T he Recursivity of Law: Global Norm-Making March 3, 2006 and National Law-making in the Globalization of Chair, International Affairs Committee; Chair, Corporate Insolvency Regimes" (with B. Carruthers), International Planning Committee, Law and American Journal of Sociology (forthcoming 2006) Society Association. "Globalization and Law" (with P. Osinsky), 32 Annual Review of Sociology 447 (2006) 18 American Bar Foundation Work on disparities in skill formation has been pro ceeding, and has resulted in two publications and one working paper. The first of these is J. Heckman, "Skill Formation and the Economics of Investing in Disadvan taged Children," 312 Science 1900 (2006). In this paper, Heckman demonstrates that early environments have a profound and lasting effect on skill formation in chil dren, and that investing in improving early environ ments has a compound effect, with earlier investments Joint Appointment: Henry Schultz Distinguisbed producing greater returns on later investments. Service Professor, Department of Economics and This mechanism is more fully explored in F. Cunha, the College, University of Chicago J. Heckman, L. Lochner and D. Masterov, "Interpreting Research Interests: human development and lifecycle the Evidence on Life Cycle Skill Formation," forthcom skill formation, with a special emphasis on the economics of ing i.n Handbook of the Economics of Education, edited by early childhood. Research has provided policymakers with E. Hanushek and F. Welch, (Ebevier, 2006). In this new insights into such areas as education, job-training chapter, the authors present economic models of child programs, minimum-wage legislation, anti-discrimination development that capture the essence of recent findings law, and civil rights. from the empirical literature on skill formation and pro vide a theoretical framework for interpreting the evi Current ABF Projects dence from a vast empirical literature, for guiding the The Foundation and Application next generation of empirical studies, and for formulat of Disparate Impact Doctrine ing policy. The goals of this project include ( 1) the development of A more technical treatment of the production of models and methods for detecting discrimination due to skill can be found in F. Cunha, J. Heckman, and S. disparate treatment and disparate impact; (2) the exam Schennach, (2006), "Estimating the Technology of ination of the extension of disparate impact concepts Cognitive and Noncognitive Skill Formation," unpub developed in the labor market to broader markets and lished manuscript, University of Chicago, Department institutional settings like housing markets, more gener of Economics, presented at the Yale Conference on al consumer markets, and to testing in education; (3) a Macro and Labor Economics, May 5-7, 2006. In this review and analysis of the empirical evidence on dis paper, the authors formulate and estimate a model of the crimination i.n many markets and institutional settings; evolution of children's cognitive and noncognitive skills ( 4) the development of models of skill formation and as determined by parental investments at different ability to determine where in the lifecycle interventions stages of the life cycle. They estimate the elasticity of to eliminate disparity will be most effective; (5) an substitution between contemporaneous investments assessment of the consequences of ability in bargaining, and inherited stocks of skills to assess the benefits of labor markets, and consumer markets; and (6) an exam early investment in children compared with later ination of the incentive effects of disparate impact and investment. They develop a nonlinear factor analysis treatment doctrine on skill and ability formation. and use it to establish nonparametric identification of The first publication to result from this project was the technology of skill formation. J. Heckman and R. Bornholz, "Measuring Disparate Impacts and Extending Disparate-Impact Doctrine to Understanding the Contribution of Organ Transplantation," 48 Perspectives in Biology and Legislation, Social Activism, Markets, Medicine S95 (2005). In this paper, they examine Ian and Choice to the Economic Progress of Ayres' discussion of alternative tests for discrimination. African Americans in the Twentieth Century The paper starts by discussing disparate impact doctrine This project evaluates arguments that attribute eco as it has evolved in the area of employment discrimina nomic advances by minority workers over the last five tion and goes on to present a more formal framework for decades to decisions by individuals to get more and bet analyzing racial disparity, developing the statistical ter quality schooling or to migrate to locations with bet properties of Ayres' "three tests." Its conclusion is that ter opportunities. The work questions the empirical jus Ayres extends disparate impact doctrine to new tification for conclusions drawn by the U.S. Civil domains where traditional notions like "business neces Rights Commission and others that long-term secular sity" are not clearly defined and that he advocates novel economic trends can account for most of the economic testing procedures that tum out to have no rigorous progress of black workers and that episodic interven basis. A new framework of analysis is developed. tions, in the form of social activism, legislation, and/or litigation, are not primary factors. Long-term changes in 2006 Annual Report 19 education and educational quality cannot properly be "Dynamic Discrete Choice and Dynamic Treatment regarded as rival explanatory factors because the Effects" (with S. Navarro), Journal of Econometrics improvements themselves are closely tied to social (forthcoming) interventions and the early civil rights movement. "The Effects of Cognitive and Noncognirive Abilities In a recent paper, I lcckman and Todd attempt to on Labor Market Outcomes and Social Behavior" make progress towards resolving some of the conflicting (with J. Stixrud & S. Urzua), 24 Journal of Labor visions that have been presented in the literature con Economics 41 l (2006) cerning the role of civil rights legislation in elevating "Understanding Instrumental Variables in Models the economic well-being of African A mericans. Ir with Essential I Icterogeneity" (with S. Urzua & includes a comprehensive econometric and statistical E. Vytlacil), 88 Review of Economics and Statistics 3 exploration to understand the nature and timing of (2006) wage and employment gains and documentation of the "Economic, neurobiological, and behavioral legal forces that have shaped economic opportunities perspectives on building America's future workforce" for minorities throughour the twentieth century. The (with E. Knudsen, J. Cameron, & J. Shonkoff), 103 authors find a substantial role for government and social Proceedings of the National Academy of Sciences 10155 activism in promoting the status of African American (2006) workers, but they also find evidence suggesting that such interventions may have had the unintended result Recent Presentations of reducing Afric an Americans' participation in the "The Economics of Human Development," Max workforce. Weber Lecture, European University, Florence, Italy, October 2006 Recent and Pending Publications "Cowles Commission Structural Models, Causal "A Framework for the Analysis of Inequality" (with F. Effects and Treatmem Effects: A Synthesis," Cunha), Journal of Macroeconomics (forthcoming 2006) "Instrumental Variables: Then and Now," and "Interpreting the Evidence on Life Cycle Skill "The Evolulion of Labor Earnings Risk in the U.S. Formation" (with F. Cunha, LJ. Lochner, & D.V. Economy," Koopmans Lectures, Cowles Foundation, Masterov), in E. Hanushek & F. Welch, eds., Handbook Yale University, September 2006 of the Economics of Education (North-Holland, 2006) "The Technology and Neuroscience of Skill "Counterfactual Analysis of Inequality and Social Formation," Conway Institute Lecture, University Mobility" (with F. Cunha & S. Navarro). in S. College Dublin, June 2006 Morgan, D. Grusky, & G. Fields, eds., Mobility "The Economics of Child Development," Ulysses and Inequality: Frontiers of Research in ~ociology Medal Lecture, University College Dublin, June and Economics (Stanford University Press, 2006) 2006 "Catch 'cm Young: Investing in Disadvantaged Young Children is Both Pair and Efficient," Wall Professional Service and Recognition Street Journal Al 4, January 10, 2006 Awarded Ulysses Medal for contributions to research "Skill Formarion and the Economics of Investing in in economics and human behavior, University College Disadvantaged C hildren," 312 Science 1900 (2006) Dublin, June 2006 "Invited Comments," in L. Schweinhart, et al, eds., Elected Member, National Academy of Sciences Lifetime Effects: The High/Scope Perry Preschool Study Elected Fellow, American Academy of Arts and Tlirough Age 40 (I ligh/Scope Press, 2005) Sciences "Contributions of Zvi G riliches," Annales d' Economie Director, Economic Research Center and Center for et Statistique 79 (2005) Social Program Evaluation, University of Chicago "The Scientific Model of Causality," 35 Sociological President, Western Economics A.c;$ociation Methodology 1 (2005) Co-Edit0r, Econometrics Review "Bias Corrected Estimates of GED Returns" (with P. Lafontaine), 24 Journal of Labor Economics 3 (2006) Associate Editor, JourrUJl of !Abar Economics "Earnings Equations and Rates of Return: The Mincer Equation and Beyond" (with L. Lochner & P. Todd), in E. Hanushek & F. Welch, eds., Handbook of the Economics of Education (Elsevier, 2006) 20 American Bar Foundation protocols, frameworks, and standard operating proce dures actually affects how healthcare workers do their jobs. Drawing on data from interviews with policymak ers and observations in HIV clinics (in Chicago, Atlanta, Bangkok, Kampala, and Durban), the project will be able to consider both contextual information about the legal foundations of laws, regulations, and guidelines and how these "rules" are used. The task of the book wilt be to transform these Joint Appointment: Professor of Sociology, individual encounters with laws and rules into general. N orthwestern University knowledge. It will aim for a rich account of how the Research Interests: interweaving the worlds of legal regulation of medicine has affected treatment and sociology, medicine, and law. Research has focused on the research, facilitating the rapid creation and diffusion of intersection of normative systems, on organizations, and on knowledge about HIV and shaping patterns of access to trust, risk, and uncertainty. drugs. It will also aim for a taxonomy of uses of laws, reg ulations, and rules and an assessment of which ways of Current ABF Project formulating, adapting, and using prescriptive statements Clinic Level Law: The 'Legalization' of are especially likely to support or undermine responsi Medicine in AIDS Treatment and Research bility. Only with this detailed analysis will we under According to Peter Mugenyi, internationally prominent stand what the legalization of medicine really means. Ugandan AIDS doctor and researcher, there have been "gross human rights violations against the poor simply Recent and Pending Publications because they were poor"; the world has "stood by and "Regulating Creativity: Research and Survival in left people to die by the millions" of AIDS. Generally the IRB Iron Cage" (with C.H. Bledsoe, B. Sherin, legal scholars argue that the extension of the rule of law N. Headley, E. Kjeldgaard, J. Lindgren, J. Miller, is an important antidote to human rights violations, yet M. Roloff, & D. Uttal), Northwestern University in healthcare, paradoxically, law has not always been an Law Review (forthcoming 2007) effective remedy. Rather than calling for the extension "Conceiving Children: How Documents Support of law, this same doctor felt compelled to break the law Case versus Biographical Analyses," in A. Riles, ed., prohibiting import of cheap generics and joked that Documents: Artifacts of Modem Knowledge (University "My patients who take Cipla drugs don't know they are of Michigan Press, 2006) breaking the law" (June 13, 2002, WaUStreet]oumal). In "Responsibility in Health Care: Spanning the the view of many AIDS patients and the organizations Boundary Between Law and Medicine" 41 Wake that work with them, the law has been on the wrong Forest Law Review 465 (2006), special issue on side. Although courts have sometimes decided against "Rethinking Health Law" pharmaceutical companies (and the WTO), people like Dr. Mugyenyi or Zackie Achmat (a South African Recent Presentations AIDS activist) and the organizations with which they "How Research Shapes Medical Work: Organizational work (Doctors without Borders, Treatment Action Effects of Clinical Trials" (with J.C. Petty)," American Campaign, AJDS Law Project, etc.) clearly believe that Sociological Association Annual Meeting, Montreal, the "gross human rights violations" that Mugyenyi men August 2006. Also presented at University of tioned were facilitated rather than inhibited by the KwaZulu-Natal, Durban, South Africa, May 11, 2006 extension of law into new arenas. "Discipline and Disease: Directly Observed Therapy Intellectual property law is but one of many fields and the Panoptic Gaze in HIV/AIDS and Tuberculosis in which medical care and medical research have been Control" (with A. Czaplicki), Law and Society increasingly and consequentially reshaped by law. The Association Annual Meeting, Baltimore, July 7, 2006 extension of the rule of law into medicine is the subject "Performing Regulation: Observations from Four of this research on "Clinic-Level Law." The project uses HIV Clinics" (with J.L. Gazley), Law and Society the example of HIV/AIDS treatment and research to Association Annual Meeting, July 6, 2006 investigate how the relationship between law and med "Thinking About How to Avoid Thought: icine has been changing both in the U.S. and in other Deep Norms, Shallow Rules and the Structure countries. The project combines an examination of of Attention," Interdisciplinary Committee on what has happened at the level of national and interna Organizational Studies, University of Michigan, tional policymaking with a close look at how the January 20, 2006 plethora of laws, regulations, rules, guidelines, codes, 2006 Annual Report 21 Professional Service and Recognition located near the core of the network, also occupy an Director, Legal Studies Program, Northwestern intermediate position. Correlational analysis of ties University within the network suggests that the Federalist Society played an important role in bringing the lawyers togeth Member, Kalven Prize Committee, Law and Society Association er. Member, Steering Committee, Research Alliance to Networks Among Lawyers Active Combat HN/AIDS (REACH) (Gates Foundation in National Policymaking project at the Program of African Studies, Northwestern University) This project will examine patterns of contact among lawyers active in organizations spanning the full range Member, Inaugural Editorial Board, Regulation of American domestic politics. Previous research has and Governance focused on lawyers' networks within relatively narrow Member, Editorial Committee, book series on contexts, such as Washington lobbyists in four specific "Risk and Regulation," Centre for Analysis of policy areas, members of the U .S. Supreme Court bar, Risk and Regulation, London School of Economics and lawyers working for conservative and libertarian Member, Special Committee on Bioethics and organizations. Law, American Bar Association Network analysis techniques enable us to examine patterns of integration and cleavage, cooperation and conflict, infl uence and dominati.on. Are there distinct clusters within the network, so that some sets of actors are separated from others? What is the relationship between positions in the network and the roles of the actors? Are some actors particularly influential, as bro kers or leaders? If so, what are the attributes of those actors? Thus, the question is: Do some lawyers act as mediators or brokers, occupying the center of the net work and serving to bridge left and right, or does the network have a hollow core, lacking actors who provide links between contending partisans? Joint Appointment: Owen L. Coon Professor This project is also concerned with the structure of of Law, Northwestern U niversity School of Law the left and the right. Are the two sides of the larger network both densely-connected, each possessing effi Research Interests: the legal profession, especially cient channels of communication with adjacent inter its social structure and organization of work, and the roles ests, or is one side more diverse, characterized by disper of lawyers in politics. Some of this research uses network analysis co depict the interrelationships (or lack thereof) sion and structural holes? among varying kinds of lawyers . Characteristics correlated with a higher degree of network connection may be context-specific. Effects of Current ABF Projects gender and race will be of particular interest. Positional measures will be used to assess the extent to which an Lawyers of the Right, Networks and Organization actor's location within the network provides opportuni Lawyers for conservative and libertarian causes are ties for playing a role as a broker or leader. active in organizing and mobilizing interest groups with in the conservative coalition, and networks of relation Recent and Pending Publications ships among those lawyers help to maintain and shape "Honor Among Lawyers" (with E. Laumann), in the coalition. Using data gathered in interviews with 72 C. Seron, ed., Law and Society Classics (Ashgate, such lawyers, characteristics of the Lawyers and the 2006) structure of their networks were analyzed. The findings "Lawyers of the Right: Networks and Organization" suggest that a distinct set of actors with an extensive (with A. Paik & A. Southworth), Law & Social Inquiry range of relationships serves to bridge the several con (forthcoming) stituencies. Measures of centrality and brokerage con firm the structural importance of these actors in the net Recent Presentations work, and a search of references in news media confirms "Why Should You Want To Be a Lawyer?" Chicago their prominence or prestige. This "core" set of actors Area Pre-Law Conference, Northwestern University, occupies the space that separates the business con May 20, 2006 stituency from religious conservatives. Libertarians, 22 American Bar Foundation "Authors Meet the Readers," Law & Society About law's implementation: Regarding judicial Association Annual Meeting, Baltimore, July 6, 2006 and administrative power, do these implementations or "Urban Lawyers: The New Social Structure of the applications of a law that must be general in its formu Bar," First Annual ABF Fellows Fall Seminar, lation express the (king-like) even-handed rule of law Portland, Oregon, October 13, 2006 or the (tyrant-like) discretionary rule of man? About emergency measures: ls the legal or constitu "Lawyers of the Right," Conference on Empirical tional invocation of exceptional rules for emergency Legal Studies, Austin, Texas, October 27, 2006 governance itself a (king-Like) expression of or (tyrant Professional Service and Recognition like) departure from constitutionalism? Each of these questions is in effect a reiteration of Co-Chair, Evaluation of the Cook County Criminal the historic query: "Has the King become a tyrant?" Justice System; Member, Board of Directors, Chicago This research considers whether the endurance of the Appleseed Fund for Justice question, in spite of the substantial political and institu Member, Advisory Board, Children and Family Justice tional differences between monarchies and democra Center, Northwestern University cies, suggests that the two regime types may operate in shared paradigms of sovereignty and law. Recent and Pending Publications Co-editor and introduction co-author, with J. Dryzek & A. Phillips, The Oxford Handbook of Political Theory (Oxford University Press, 2006) "Another Cosmopolitanism? Law and Politics in the New Europe," response to Seyla Benhabib, in R. Post, ed., Another Cosmopolitanism, The Tanner Lectures (Oxford University Press, 2006) "Between Decision and Deliberation: Political Paradox in Democratic Theory," American Political Joint Appointment: Professor of Political Science Review (forthcoming 2007) Science, Northwestern U niversity "The Time of Rights: Emergent Thoughts in an Research Interests: normative political theory, Emergency Setting,'' in M. Shapiro & D. Campbell, contemporary democratic theory with particular attention eds., The Politics of Pluralism: Essays for William to the area of law and politics. Research addresses how Connolty (Duke University Press, forthcoming 2007) constitutions, legal norms, the centrality of rights, and cultural politics operate l.O help or hinder spontaneous Recent Presentations and organized collective actions in democracies. "Between Decision and Deliberation: Political Paradox in Democratic Theory," and "Jefferson, Deism, Current ABF Project and Political Theology," Eggers Lecture and Faculty Has the King Become a Tyrant? Seminar, University of Virginia, November 2-4, 2006 Paradoxes of Law and Democracy "Democracy, Foreigners, and Citizenship," This project examines in depth the ways in which, since Conference on Comparative Reflections on the constitutional convention, scholars and activists Developing Democracies and the Case of Turkey, have called on Law as a resource in political struggles. As Center for International and Comparative Studies, monarchs gave way to constitutions and the rule of law Northwestern University, November 15, 2006 in what eventually became European and North Amer "Law and Politics in the New Europe," Australian ican democracies, questions about the monarch gave National University, Canberra, December 2, 2006 way to questions about other sources and sites of gover nance more germane to democratic regimes. "The Time of Rights: Emergent Thoughts in an Emergent Setting," Australasian Law and Society About the law: ls law rational, really in the public Conference, Wollongong, Australia, December 13, interest, or not? 2006 About the constitution: ls it the (king-like) time less expression of universal democratic principles, or the (tyrant-like) illegitimate, dead will of our forefathers ruling over the present, legitimate will of the democrat ic people? 2006 Annual Report 23 Professional Service and Recognition Director, Becker Center on Chicago Price Theory, University of Chicago Named one of Time Magazine's "100 People Who Shape Our World," 2006 Joint Appointment: Alvin H. Baum Professor of Economics, University of Chicago Research Interests: crime, the criminal justice system, and corruption, and a wide variety of issues related to racial disparity and education. Current ABF Projects The Long-Term Social Impact of Roe v. Wade (with John Donohue) Research Interests: access t.o civil justice for This project represents the first step towards under individuals as affected by formal changes in the law, standing the long-term social impact of legalized abor informal factors that influence the legal environment, tion. Empirical research suggests that "unwanted" chil and the operation of the organizations through which dren experience difficult Life circumstances along many legal services are made accessible to those who need them. dimensions. Legal abortion appears to be associated with a sharp decrease in the number of unwanted births. Current ABF Projects Analysis of the link between abortion legalization and It's Deja Vu All Over Again: Plaintiffs' crime has produced the finding that cohorts exposed to Lawyers and the Evolution of Tort Law legalized abortion commit many fewer crimes when they and Practice in Texas (with Stephen Daniels) reach adolescence. The analysis wilt be extended to Tort reform has been on the legislative agenda at both cover other social outcomes including teen pregnancy the national and state levels for a number of years. and teen suicide. In addition, international data will be These efforts have met with varying degrees of "suc gathered and analyzed to obtain a cross-country com cess." Tort reform measures are often presented as a parison, with a focus on the British data, which provide panacea for many of society's ills such as skyrocketing substantiall y greater detail about characteristics of jury verdicts and frivolous law suits, but little attention women seeking abortions. is paid to the effects that some of the changes in the tort law may have not only on access to the civil justice sys Measuring the Impact of Crack Cocaine tem for individuals, but also on the future of civ il litiga (with Roland Fryer) tion and the law. This project is developing a statistical index to measure The state of Texas has experienced several waves of the extent to which crack cocaine can account for the reform activity over the past two decades, moving from adverse trends in many indicators of African American a characterization by tort reformers as a "judicial hell progress in major urban areas during the 1990s. It will hole" to that of a poster child for the tort reform move shed light on important issues related to public policy ment. Using data drawn from more than 140 individual and law. Among these issues are the extent to which the interviews and a survey that was mailed to plaintiffs' important social costs of crack are due primarily to the lawyers across the state of Texas, this research is inves ingestion of crack per se, or rather to the prohibition of tigating how changes in the legal environment brought crack and the accompanying enforcement of the law. about by formal legislative reform or by the public rela tions campaigns that have accompanied these legisla Recent and Pending Publications tive effort.s affect the practices of lawyers who build "The Black-White Test Score Gap through Third their practices around matters handled on a contingent Grade" (with R. Fryer), 8 American Law and Economics fee basis. As constraints or limitations are placed on the Review 249 (2006) types of matters plaintiffs' lawyers traditionally have "White-Collar Crime Writ Small: A Case Study of pursued, these lawyers, who act as gatekeepers to the Bagels, Donuts, and the Honor System," 96 American civil justice system, adjust their practices to respond to Economic Review 290 (2006) these changes. 24 American Bar Foundation For example, one of the more recent changes in the Recent and Pending Publications law includes a $250,000 cap on non-economic damages "Alive and Well in Texas (Maybe): Plaintiffs' Practice in medical malpractice suits. This cap fu nctionally in the Age of Tort Reform" (with S. Daniels), 51 New makes it no longer economically practical to handle York Law School Law Review (forthcoming 2006) medical malpractice cases, especially those involving "Plaintiffs' Lawyers, Specialization and Medical elderly individuals, homemakers, and children. T he Malpractice" (with S. Dan iels), 59 Vanderbilt Law effect of this change has been that many plaintiffs' Review 1051 (2006) lawyers no longer take these cases and individuals who "The Texas Two Step: Evidence on the Link Between have been injured by the negligent actions of doctors, Damage Caps and Access" (with S. Daniels), 55 hospitals, or in nursing home settings are unable to find DePaul Law Review 635 (2006) a lawyer to represent them. The remedies provided by the letter of tort law are no longer avai lable to them. Recent Presentations Legal Services for the Poor: "The Making of a Plaintiffs' Lawyer," Annual Meeting A Supply Side Analysis (with Stephen Daniels) of the Law & Society Association, Baltimore, July 2006 Studies examin ing the need for legal services among "Tort Reform and Lawyer Referral Networks: individuals of limited means have been conducted for Disrupting the Flow" (with S. Daniels), Annual over 25 years by state and local bars. The findings of Meeting of the Law & Society Association, Baltimore, these studies have remained remarkably similar over July 2006 time: the amount of unmet legal need among this seg ment of the US population is staggering. "Plaintiffs' Lawyers on the Defensive" (with S. The landscape of provider organizations has Daniels), Symposium on the PlaintiJfs' Bar, New York Law School Center for Professional Values changed over time as federal allocations tO entities that represent individuals of limited means have declined. and Practice, New York, NY, March 2006 The nature of the type of work that these entities can Professional Service and Recognition handle has also been constrained. As a consequence of these factors, a number of non-profit entities have Member, Ed itorial Board, ABF Anthology entered the legal services market to provide legal assis Associate Editor, Law & Social Inquiry tance to those in need. Member, Academic Advisory Board, Roscoe This research approaches the issue of the efficiency Pound Institute and effectiveness of the delivery of legal services a bit differently. Through an extensive series of interviews, it is examining the provider market in a large metropoli tan area to look at how the more than 50 organizations providing legal services to individuals of limited means allocate the funding and provision of legal services across the landscape of demand. Some of these entities serve individuals in very defined geographic neighbor hoods, some serve corrununities identified by ethnicity or religion, and others niche themselves by addressing needs in a particular substantive legal area such as hous ing or immigration. Still others are full-service providers within the constraints defined by their funding sources such as the income level of the individuals who seek their services. As most of these entities are quite small, they rely heavlly on their ability to attract and to use the servic es of local attorneys provided on a pro bono basis. This research looks at how these entities configure their mis sions and support structures to attract this legal talent in a very competitive market. Another aspect of this work includes an examination of the role that the many law school clinical programs play in the market for the delivery of legal services to individuals of limited means. 2006 Annual Report 25 questions are constructed to obtain the offenders' per ceptions of crime in their neighborhood while the indi ~- · .· _ Tracey L. Meares vidual-level questions are designed to gather informa i '. ~ J.D., Uni..,sity of Chicago tion about patterns of gun use and the elasticity of gun ~, .. markets. Questions on gangs are designed to determine ..;.~, the influence of gang structure and organizational capac ~ ity on neighborhood and individual levels of criminality. Law, Legitimacy, and the Construction of Joint Appointment: Max Pam Professor of Law, Justice: Majority and Minority Community University of Chicago Law School Perspectives on the Law and Legal Authorities Research Interests: criminal procedure and criminal (with Jeffrey Fagan, Tom Tyler, and Christopher Winship) law policy, with a particular emphasis on empirical This project, funded by the Russell Sage Foundation, investigation of these subjects. was conceived to explore interdisciplinary conceptions of legitimacy of the criminal justice system using as a Current Research Projects launching point the fact that there is a gulf between the Chicago Gun Project levels of confidence that African Americans and others (with Jeffrey Fagan and Andrew Papachristos) hold of the constituents of penal processing in the U.S. This project is surveying 200 gun offenders in four Chicago neighborhoods to examine how the social and Project Safe Neighborhoods in Chicago criminal networks of gun offenders influence general (with Jeffrey Fagan) patterns of gun use, the operation and maintenance of This research uses a quasi-experimental design to evalu illicit gun markets, and respondents' perceptions of legal ate the impact of Project Safe Neighborhood (PSN) ini authority, legal cynicism, and procedural justice. This tiatives on neighborhood level crime rates in Chicago. study appears to be the first to survey a group of crimi Four interventions are analyzed: (1) increased federal nally involved people in this way. prosecutions for convicted felons carrying or using guns, The questions fall into four categories: (2) the length of sentences associated with federal pros N eighborhood Questions. These ask the individ ecutions, (3) supply-side firearm policing activities, and ual about their perceptions on various issues pertaining ( 4) social marketing of deterrence and social norms to their immediate neighborhood such as local institu messages through justice-style offender notification tions, social problems in their neighborhood, etc. These meetings. Using individual growth curve models and questions attempt to detect the influences of local propensity scores to adjust for non-random group assign neighborhood institutions, actors, and forces with ment, the findings suggest that several PSN interven respect to larger patterns of crime. tions are associated with greater declines of homicide in Organizational and Network Questions. These the treatment neighborhoods as compared to the con questions are typically found in various "social capital" trol neighborhoods. The largest effect is associated with scales and focus on the respondents' participation in the offender notification meetings that stress individual organizations, i.e., they are designed to assess the extent deterrence, normative change in offender behavior, and to which offenders are invested in the social well-being increasing views on legitimacy and procedural justice. of the community compared to their non-criminal Possible competing hypotheses and directions for indi counterparts. Network generating questions will ask the vidual-level analys is are also discussed. This initiative is offender about persons with whom the respondent has supported by the Bureau of Justice Statistics, U.S. strong and direct connections for both illicit and norm Department of Justice. abiding behaviors in order to better understand how such networks overlap with each other. Recent and Pending Publications Legitimacy/Authority Questions. Questions in "Third Party Policing: A Critical View," in D. this section are designed to determine the respondents' Weisburd & A Braga, eds., Police Innovation: perceptions of various law enforcement agencies and A Critical View (Cambridge University Press, 2006) .crime/community programs to determine if a correlation "When 2 or 3 Come Together" (with K.B. Korkran), exists between such perceptions and criminal activity. William and Mary Law Review (forthcoming 2007) Answers from such question can be used to address "Attention Felons: Evaluating Project Safe issues of public policy. Neighborhoods in Chicago (with A Papachristos & J. Crime and Gun Questions. This section will ask Fagan), Journal of Empirical Legal Research (forthcoming both neighborhood and individual level questions con 2007) cerning crime, gun use, and gangs. Neighborhood level 26 American Bar Foundation Recent Presentations ences of other academics, such as scientists. But Law "Anention Felons: Evaluating Project Safe schools play a very important role, because they train Neighborhoods in Chicago," Loyola University many of the professionals who run our government. Chicago, April 2006 This study addresses a gap in our knowledge about the Co-Organizer, Second Annual Criminal Justice professional lives and values of the roost senior law pro Roundtable, University of Chicago, May 2006 fessors. The first phase of the project involved a nation al survey of post-tenure law professors, and achieved a "Hernandez, Brown, and the Future of Criminal response rate of more than 60 percent. Data entry and Procedure," Conference on "52 Years after Hernandez cleaning are almost complete, and data analysis is begin v. Texas," University of Chicago, May 2006 ning. The next phase will entail more in-depth inter Professional Service and Recognition viewing of a smaller group of professors. The combina tion of qualitative and quantitative approaches offers a Member, Board of Directors, Chapin Hall more in-depth picture than would be possible with Member, Board of Directors, Goodcity either method by itself. Associate Editor, Law & Social lrtfluiry The New Legal Realism (with the University of Wisconsin Imtitute for Legal Studies and Emory University School of Law) Lawyers and social scientists frequently have difficulty understanding one another, despite the fact that they may also be very interested in communicating. Current ly the legal academy in particular is caught up in a flur ry of renewed interest in empirical research on law. I lowever, there is little sustained attention to the prob lems involved in translating between the very different worlds of law and social science. Building from the con siderable expertise of the ABF. the New Legal Realism Joint Appointment: Professor of Law, U niversity Project aims at developing improved interdisciplinary of Wisconsin collaboration among law professors, lawyers, and social scientists. For the initial NLR conference, the ABF Research Interests: language and law, legal teamed up with the Institute for Legal Studies at Wis education, interdisciplinary translation, family law. consin, which also has a long history of leadership in the Research focuses on the intersection of law and language, social science study of law. Subsequent conferences and combining anthropological and legal perspectives. Empirical research at the ABF has centered on legal education. presentations have combined forces with interested The first study, which was also funded by the Spencer scholars at other institutions as well; a second confer Foundation, /Jrovided the most extensive observational ence was held at Emory University School of Law, and data available to date on first-year law school teaching. further conferences are on the drawing board. The NLR The current project, funded by the ABF and the Law Project encourages integration of multiple perspectives School Admission Council, examines the post-tenure and methods in studying law: qualitative and quantita experiences of law professors. Other research has tive, "bottom up" and "top down" studies of legal addressed the process by which law translates the processes and institutions. The first NLR conference social world around it in a number of other settings. generated a unique collaboration between a peer reviewed journal and a law review, which will jointly Current ABF Projects publish the conference proceedings. "New Legal Real Senior Status in the Legal Academy ism Symposium: Is It Time for a New Legal Realism?" (with Wamucii Njogu and Carol Greenhouse) appeared as Vol. 2005, No. 2 of the Wisconsin Law Review, and the second conference publication will This study examines the post-tenure experiences of law soon appear as a symposium in the ABFs journal Law & professors. Although there has been some social science Social Inquiry. Ongoing presentations and seminars research focusing on the path to tenure in law schools, related to the New Legal Realism have been held at the there is relatively little information on the rest of law ABF, the University of Wisconsin, and the Law and professors' careers. Yet tenured law professors shape the Society Association Meetings, and in plenary and other tenure process, along with many other aspects of the sessions at the 2006 American Association of Law institutional settings within law schools. Previous Schools Meetings. Members of the ABF and Wisconsin research has Largely focused on the post-tenure experi- 2006 Annual Report 127 Law School research faculties also participated in a sym posium on New Legal Realism on the Empirical Legal Studies blog during 2006. Recent and Pending Publications The Language of Law School: Leaming to "Think" Like a Lawyer (Oxford University Press, forthcoming) "Inside the Law School Classroom: Toward a New Legal Realist Pedagogy," Law Vanderbilt Review Joint Appointment: Professor of Law, (forthcoming) Northwestern University School of Law Recent Presentations Research Interests: compliance with r.he "New Legal Realist Models for Collaborating law; perceptions of responsibility and fairness; with Social Scientists: Translating Qualitative and negotiation and conflict. and Quantitative Research," Invited Presentation, Plenary Session, "Conducting Empirical Research Current ABF Projects in a Law School Setting," Annual Meeting of the Condemn-Nation: The Social Psychological Association of American Law Schools, Washington, Foundations of the Keio Backlash DC, January 2006 (with Shari Diamond) "The Politics of Social Science Translation in This project seeks to understand and explain the Family Law," DePaul Law Review/Family Law Center extreme public reaction to the Keio case, in which the Symposium, "Ties That Bind: Family Relationships, U.S. Supreme Court ruled that governments are permit Biology, and the Law," Chicago, March 2006 ted to force the sale of private property for the purpose "Language in Law School Education," Conference of promoting economic development. It focuses on the on the Future of Legal Education, Vanderbilt Law rift between the public's expectations about the circum School, Nashville, April 2006 stances under which government should be permitted to take private property, on the one hand, and eminent Professional Service and Recognition domain law, on the other. The goal of these studies is to Treasurer, Law and Society Association provide an initial map of common sense perceptions of justice regarding takings. Expressive Law: Testing the Effects of Third-Party Recommendations on Behavior in Coordination Games (with Richard McAdams) This project seeks to understand empirically the effects that law has apart from sanctions that it imposes. It tests experimentally the theory that law influences behavior in coordination games with multiple equilibria by pro viding a focal point for behavior. To test this claim, a series of controlled experiments are being conducted in which the expressive effects of law in the laboratory are modeled. Findings to date have led to the identification of several different components of expressive law. Most recently, the project has compared how law works in a coordination context and a purely competitive context. Results have confirmed the study's hypothesis that law helps people coordinate their behavior apart from the sanctions it imposes. 28 American Bar Foundation The Social Psychological Role of Subjective Harm in Punishment Judgments (with Mary R. Rose) This research investigates the factors that play a psycho logical role in laypersons' decisions about justice and responsibility. In criminal cases jurors sometimes hear, by way of victim impact statements, about highly idio syncratic, but nevertheless potentially powerful, infor mation regarding the aftermath of the crime. In tort cases, jurors hear extensively about damages incurred by the plaintiff. The extent to which people attend to and Joint Appointment: Professor of Sociology and make use of outcome information in making judgments Law, Northwestern U niversity about liability and responsibility is a key empirical ques tion that has not been adequately investigated. Findings Research Interests: the social organization of law to date indicate that, in the context of a criminal trial practice and the relationship between law and social mock jurors are more punitive when emotional harm t~ inequality. Research has addressed tmnsformations the victim is more severe. Specifically, mock jurors in the legal profession, the role of corporate counsel, gender inequality, and employment discrimination. imposed more punishment on a robbery defendant when the victim had a difficult time coping emotional Current ABF Projects ly with the crime, compared to when the victim's emo tional reaction was mild. After the JD (with Ronit Dinovitzer, Bryant Garth, and Joyce Sterling) Recent and Pending Publications After the JD (AJD) is the first empirical study of a "The Law and Norms of File Sharing" (with Y. nationally representative cohort of new lawyers. Feldman), 43 San Diego Law Review (forthcoming Designed as a longitudinal study of lawyer careers, AJD 2006) is tracking the professional lives of more than 4,500 "Appropriately Upset? Emotion Norms and lawyers during their first ten years after law school. Perceptions of Crime Victims" (with M. Rose & ] . Respondents in rhe AJD study were first contacted in Clark), 30 Law & Human Behavior 203 (2006) 2002, soon after they were admitted to the bar and began their first jobs. The first wave of data from the "Judgmental Biases in Conflict Resolution and How to AJD study painted a rare portrait of the national Overcome Them" (with L. Thompson & R. Launt), in employment situation for new lawyers. For example, the M. Deutsch, P. Coleman, & E. Marcus, eds., Handbook distribution of women into various practice settings was of Conflict Resolution: Theory and Practice, 2nd Ed., already diverging from that for men, and the careers of (Jossey-Bass, forthcoming 2006) ethnic and racial minorities revealed patterns that may "Negotiation, Infom1ation Technol.ogy, and the reinforce inequalities as well. For the most part, howev Problem of the Faceless Other" (with D. Shestowsky), er, the first wave revealed an expected pattern of strati in L. Thompson, ed., Negotiation Theory and Research fication related to law school attended and grades (Psychology Press, 2006) achieved. The majority of respondents were still work ing in their first jobs and were located predominantly in Recent Presentations private firms. Many had not yet married, and most did "The Focal Point Theory of Expressive Law: A not yet have children. Contextualized Test (wirh R. McAdams), Conference The second wave of the project will be launched in on Empirical Legal Studies, Austin, Texas, October early 2007, collecting data from the AJD cohort when 2006 respondents are about six years into their careers and experiencirlg many important personal and professional Professional Service and Recognition transitions. The longitudinal design of the project will Recipient of National Science Foundation Grant, provide an opportunity to observe the more complex "Expressive Law in Mixed Motive Games" (with patterns that emerge over time, as lawyers gain expert R. McAdams) 2004-2007 ise, change jobs, begin to draw more on their social net Member, Executive Board, Dispute Resolution works, and become more involved with family relation Research Center, Northwestern University ships. The influence of gender and race or ethnicity, in particular, will likely become even more pronounced as these lawyers move out of their initial jobs, begin fami lies, and face a more complex-and a more refined- 2006 A nnual Report 29 labor market. The After the JD study will not only doc Recent Presentations ument these patterns, but will provide the empirical "After the JD-A National Study of Legal Careers," data necessary for devising policy solutions. Plenary Session, National Council of Bar Presidents and Bar Executives, Chicago, February 2006 Employment Discrimination Litigation Author Meets Readers Discussion of Urban Lawyers: (with Laura Beth Nielsen, John Donohue III, The New Social Structure of the Bar, Plenary Session, Peter Siegelman, and Ryon Lancaster) National Conference on Professional Responsibility, At the center of current debates about the role of anti Vancouver, Canada, June 2006 discrimination law in American society is the system of "Social Structure and Formal Law: Social Attributes discrimination litigation. Despite the sheer magnitude and the Outcomes of Employment Discrimination of changes in employment discrimination law and liti Cases" (with R. Lancaster & L.B. Nielsen), American gation in the last 15 years, including significant changes Sociological Association Annual Meeting, Momreal, in decisional and statutory law and dramatic growth in August 2006 the number of federal discrimination lawsuits, there is a "Anti-Discrimination Law as a Social and Legal lack of systematic empirical research on the changing System" (with L.B. Nielsen), Plenary Session, dynamics of employment discrimination disputes. Midwest Law and Society Meetings, Madison, WI, The research answers such fundamental questions September 2006 as: what proportion of federal civil rights employment claims are based on race, gender, disability, age, nation Professional Service and Recognition al origin, or other grounds? Are some types of claims Liaison Member, ABA Presidential Committee more likely to succeed than others? Are workers in cer on the Renaissance of Idealism tain industries, occupations, geographic locations, and federal circuits more or less likely to file employment Member, Sociological Research Association discrimination claims with the EEOC and in federal Co-Director, Special Project on Social Science court and with what outcomes? Who are the lawyers Perspectives on Employment Discrimination, Center representing the parties on both sides of discrimination for Advanced Study in the Behavioral Sciences claims and how do they shape the initiation, handling, Member, Editorial Board, Law & Society Review and resolution of claims? Are plaintiffs and defendants Member, Executive Committee, Center for Legal satisfied with the procedures and outcomes of the dis Studies, Northwestern University crimination claiming system? This project combines: 1) a quantitative analysis of confidential data obtained from the EEOC on com plaints filed with the agency from 1990 to 2002, which will allow analyses of which EEOC complaints lead to the filing of a federal lawsuit; 2) a quantitative analysis of a large random sample of discrimination filings in fed eral courts from 1988 to 2003, which replicates impor tant research by Donohue and Siegelman on filings from 1972-1987; and 3) qualitative analyses of a subset of federal case filings that includes about 150 in-depth interviews with parties and lawyers and analyses of case file documents. Joint Appointment: Assistant Professor of Recent and Pending Publications Sociology and Law, Northwestern University "Observations from the After the JD Survey of the Research Interests: the sociology of law, with particular Bar Class of 2000" (with R. Dinovir.zer, B. Garth, interests in legal consciousness and the Telationship between J. Sterling, G. Wilder, & T. Adams), 24 Quinnipiac law and inequalities of race, gender, and class. Law Review 539 (2006) "United States, From Professional Dominance Current ABF Projects to Organizational Dominance: Professionalism, Public Interest Law Firms Inequality, and Social Change Among Chicago (with Catherine R. Albiston) Lawyers, 1975-1995," in W.L.F. Felstiner, ed., Using a multi-method research design, this project Reorganization and Resistance: Legal Professions investigates how lawyers in public interest law organiza in a Changing World (Hart Publishing, 2005) tions conceptualize and pursue their goals. At the orga- 30 American Bar Foundation nizational level of analysis, the project is identifying the Recent and Pending Publications form of public interest law firms and the organization of License to Harass: Law, Hierarchy , and Offensive Public public interest practice within public interest law organ Speech (Princeton University Press, 2004; paperback, izations. The research is exploring these organizations' 2006) relationship to their organizational field, including Editor, Theoretical and Empirical Perspectives on Rights sources of funding, opportunities for action, and existing (Ashgate, forthcoming 2006) successful models of public interest practice. Published findings so far include an analysis of the demographics Co-Editor (with B. Fleury-Steiner), New Civil Rights Research: A Constitutive Approach (Dartmouth/Ashgate of PILOs over the last thirty years which shows they Press, 2006) have increased in size and specialty areas. A second paper demonstrates the ways in which changes in fee "The Procedural Attack on Civil Rights: The shifting provisions brought about by the Supreme Empirical Reali ty of Buckhannon for Public Interest Court's definition of a prevailing party in Buckhannon v Litigation" (with C. Albiston), UCLA Law Review West Virginia limits the ability of public interest lawyers (forthcoming 2007) to act as private attorneys general. "New Legal Realism and Employment Discrimination" (with M. Gulati), Law & Social Inquiry (forthcoming Employment Discrimination Litigation 2007) (with Robert L. Nelson, John Donohue HI, "Rights of Inclusion: Inregrating Identity at the Bottom Peter Siegelman, and Ryon Lancaster) of the Dispute Pyramid" (with E. Berrey), Review At the center of current debates about the role of anti Essay, Law & Social Inquiry, (forthcoming 2007) discrimination law in American society is the system of "Understanding Rights," in L. B. Nielsen, ed., discrimination litigation. Despite the sheer magnitude Theoretical and Empirical Perspectives on Rights of changes in employment discrimination law and liti (Ashgate, forthcoming 2006) gation in the last 15 years, including significant changes in decisional and statutory law and dramatic growth in Recent Presentations the number of federal discrimination lawsuits, there is a "Social Structure and Formal Law: Social Attributes lack of systematic empirical research on the changing and the Outcomes of Employment Discrimination dynamics of employment discrimination disputes. Cases," American Sociological Association Annual The research answers such fundamental_ questions Meeting, Montreal, August 2006 as: what proportion of federal civil rights employment "Consciousness and Claiming: The Socio-Legal claims are based on race, gender, d isability, age, nation Construction of Employment Discrimination," Invited al origin, or other grounds? Are some types of claims Presentation, Center for the Study of Law & Society, more likely to succeed than others? Are workers in cer Boalt Hall School of Law, University of California, tain industries, occupations, geographic locations, and Berkeley, February 2006 federal circuits more or less likely to file employment "Rights and Realities: Prevalence, Consciousness, and discrimination claims with the EEOC and in federal Claiming in American Employment Discrimination court and with what outcomes? Who are the lawyers Law," Center for Advanced Study in the Behavioral representing the parries on both sides of discrimination Sciences Colloquium, Stanford, January 2006 claims and how do they shape the initiation, handling, and resolution of claims? Are plaintiffs and defendants Professional Service and Recognition satisfied with the procedures and outcomes of the dis Recipient, National Science Foundation Summer crimination claiming system? Supplement Grant (for Employment Discrimination This project combines: 1) a quantitative analysis of Litigation Study) confidential data obtained from the EEOC on com plaints filed with the agency from 1990 to 2002, which Fellow, Center for Advanced Study in the Behavioral Sciences, 2005-2006 will allow analyses of which EEOC complaints lead to the filing of a federal lawsuit; 2) a quantitative analysis Elected Member, Sociology of Law Council, American of a large random sample of discrimination filings in fed Sociological Association eral courts from 1988 to 2003, which replicates impor tant research by Donohue and Siegelman on fil ings from 1972-1987; and 3) qualitative analyses of a subset of federal case filings that includes about 150 in-depth interviews with parties and lawyers and analyses of case fi le documents. 2006 Annual Report 31 Joint Appointment: Associate Professor of Research Interests: social construction, social History, U niversity of Chicago organization, and social control of fiduciary or crust relationships. Research 1tas examined topics such Research Interests: United States l.egal, political, as white-collar crime, ethics, conflict of interest, and intellectual history, with special emphasis on issues the professions, the news media, guardianship, of liberalism, state-building, and public law. and surrogate decision-making. Current ABF Project Current ABF Project The Creation of the American Liberal State Surrogate Decisionmaking at the This project is a historical account of the transforma End of Life: An Observational Study tion of American governance in the late nineteenth Like many other high-profile legal spectacles, Terri and early twentieth centuries focused on the ascendan Schiavo's tortured journey through the courts tells us cy of modern liberal statecraft: the centralization of very little about how end-of-life decisions are made in public power, the individualization of private rights, and the shadow of the law for those who, like Terri, are the consrjtutionalization of American law. The study is unable to speak for themselves. le is curious that our examining legal and political change in connection most profound fiduciary relationship is enacted with so with the dramatic transformations in economic and little guidance or oversight. Like Schiavo, the vast social life that defined the years between Reconstruc majority of Americans (even sick and elderly ones) tion and the New Deal. During this period the nine have no advance directive, naming and empowering a teenth-century traditions of self-government and local proxy or surrogate decisionmaker or setting forth a liv citizenship were replaced by a modern approach to pos ing will. How is it, then, that those who serve as our sur itive statecraft, individual rights, and social welfare. rogates decide for us? The core of this research will be investigations of This project explores how fiduciaries who act on changes in seven areas of legal policy making that sub behalf of the most vulnerable-who have become stantively defined the liberal state: 1) the problem of incompetent or incapacitated, unable to communicate citizenship; 2) administrative regulation; 3) property with others about their interests, needs, or values and police power; 4) social and cultural policing; 5) exercise their responsibilities. Access has been secured business regulation; 6) public utilities and communica to the stroke and the 20-odd bed neuroscience intensive tions; and 7) public health, safety, and risk manage care units (NICU) of a large urban teaching hospital ment. The product of this research will be a book, The that treats a demographically diverse population of Creation of the American Liberal State. patients. Interactions are being observed between hos Recent and Pending Publications pital staff and family, friends, and other surrogates as the latter make medical decisions on behalf of neurological "Public-Private Governance: A History," in M. Minow ly-compromised patients unable to do so for themselves. & J. Freeman, eds., Outsourcing the U.S. (Harvard These observations will yield data on how surrogates University Press, forthcoming) make end-of-life decisions: the criteria they use; the val "The Not-So-Strange Birth of the Modern American ues they invoke; the evidence they seek; the questions State," 24 Law and History Review 193 (2006) they ask; the persons they consult; the people and fac tors chat influence them; the conflicts of interest that Recent Presentations potentially compromise their judgment; how they "Law and the State Control of American Capitalism," understand and interpret medical information; their Indiana University Law School, March 2006 interactions with healthcare providers, family members, "New Histories of the American State," Policy History and significant others; and the impact of healthcare Conference, Charlottesville, VA, June 2006 providers on how these decisions are made. The "Police Power and the Transformation of the American research also seeks to understand what accounts for dif State," University of Buffalo Law School, June 2006 ferences in how surrogates exercise this role. This proj- 32 American Bar Foundation ect will not only make a contribution to the scholarly social science, legal, medical, and bioethics literatures, but will also help healthcare providers facilitate the process by which the majority of critically-ill hospital ized patients end their lives-by entrusting the process to another. Recent Presentations "Tangled Loyalties: Conflict of Interest in Legal Practice," Plenary Session, First Annual Fellows Fall Research Interests: research has focused on topics Seminar, Portland, OR, October 14, 2006 in Anglo-American legal history across a broad front, from the early-modern era (the beginning of the sixteenth "My Brother's Keeper: Surrogate Decisionmaking at century) into the later twentieth century. Recent research the End of Life," Law and Society Association Annual has focused on the history of the relation of master and Meeting, Baltimore, July 6, 2006 servant (labor and employment law); the history of "Tangled Loyalties: Conflict of Interest in Medicine," the legal structure of the employment relationship; the Grand Rounds, The Rehabilitation Institute of historical relationshi!J between migration, labor force Chicago and Northwestern University Feinberg creation, law and the colonization of mainland North School of Medicine, Department of Physical America; the "constitution" of colonizing; and the history Medicine and Rehabilitation, Chicago, May 3, of law's interactions with social science disciplines in general 2006 and with the discipline of history in jJarticular. Research "Beyond Terry Schiavo," Second Friday Presentation, has also addressed the general history of law in America. American Bar Foundation, Chicago, December 9, the history of the U.S. Supreme Court, and the history 2005 of the concept of police and police jJower in Anglo American and European law and politics. Professional Service and Recognition Current ABF Projects Disability Ethics Scholar, Rehabilitation Institute of Chicago Law, Work and Culture in Early America (1600-1800) Chair, Search Committee for the new Editor of the Law & Society Review This research has been examining the legal history of work and labor during the first two centuries of Ameri Member, Executive Committee and Board of Directors, can history. It has been pursued in two phases. Initially Law and Society Association it concentrated on the development of historiographical and methodological arguments for the integration of law with labor history during this period and specifical ly on the exemplification of those arguments through study of the British law of master and servant and its global diffusi.on in the course of British imperial expan sion. This phase was designed as the "American" ele ment in an international comparative study of the diffu sion of master and servant law. It considered the hypothesis that, from the sixteenth century onward, the law of master and servant played an integral role in British domestic and colonial policy and administration by providing the model for labor force organization and regulation readily adaptable to the tasks of colonizing. Research tested this hypothesis through comparative analysis across the full spectrum of British colonial juris dictions in mainland America. This work was revised and refined in an extended essay for inclusion in the international project volume, Masters, Servants, and Magistrates in Britain and the Empire, 1562-1955, Dou glas Hay and Paul Craven, editors (University of North Carolina Press, 2004). A second phase was designed to be a more sustained examination of the relationship of law, work and cola- 2006 Annual ReJ)Qrt 33 nialism in seventeenth and eighteenth century Ameri "Crouching Tiger: Class and the Atlantic World," in ca. This research, under way since 1996, has concentrat S. Middleton & B. G. Smith, eds., Class Matters: Early ed on resort to law as a technology of organization for North America and the Atlantic World (forthcoming) colonizing ventUies on the American mainland; on "Framing the Fragments. Police: Genealogies, migration and the formation of labor forces; on the dif Discourses, Locales, Principles," in M. Dubber fering legal conditions of "free" workers and indentured & M. Valverde, eds., The New Police Science: The servants, and their roots in English legal culture; on the Police Power in Domestic and International Governance social organization of work; on the legal origins and (Stanford University Press, 2006) conditions of colonial slavery; and on the relationship "Labor Movement: Labor Organizations and Strikes, between work and civic identity. Research on this 1754-1829," in P. Finkelman et al., eds., Encydojmlia broader project has resulted in some twenty publications of the New American Nation (Charles Scribner's Sons, since 1996 (working papers, articles and essays) and has 200.5) been presented on numerous occasions at a variety of "lndentured Servitude in Perspective: European conferences and colloquia. A book manuscript is about Migration co the North American Mainland and 80 percent complete. the Composition of the Early American Labor Force, 1600-1775," in C. Matson, ed., The Economy The Cambridge History of Law in America of Early America: New Directions (Pennsylvania State ln 2001, the American Bar Foundation pledged its University Press, 2005) resources to support the production of a multi-volume, "Law's Wilderness: The Discourse of English multi-contributor history of law in America to be pub Colonizing, the Violence of lntrusion, and the Failures lished by Cambridge University Press. The project had of American History," in J. Smolenski et al., eds., New been designed and directed by Tomlins in collaboration World Orders: Violence, Sanction and Authority in the with Michael Grossberg oflndiana University. Commis Early Modem Americas, 1500-1825 (University of sioned by Cambridge University Press in 1999 and for Pennsylvania Press, 200.5) mally adopted by the ABF and the Press in 2001, the "Necessities of State: Police, Sovereignty and the project involves some sixty scholal'S in the creation of a Constitution," Journal of Policy History (forthcoming) major three-volume history of American law. The first volume ("Early America") will be devoted primarily to "The Threepenny Constitution (and the Question of Justice)," Symposium in honor of Wythe Holt, the seventeenth and eighteenth centuries; the second Alabama Law Review (forthcoming) ("The Long N ineteenth Century") to the period from the final securing of the Republic (1815) to the end of "Politics, Police, Past and Present: Larry Kramer's the First World War; the third ("The Twentieth Centu The Peo/Jle Themselves," Symposium on Popular ry") to the period from the 1920s to the end of the cen Constitutionalism, Chicago~Kent Law Review tury and beyond. (forthcoming) As of September 2006, all 54 chapters that com "To Improve the State and Condition of Man: prise the History of Law in America have been complet The Power to Police and the History of American ed to the editors' satisfaction. All have been line-edited Governance," 53 Buffalo Law Review 1215 (2005) and all but eight chapters have been finalized for pro duction. Each chapter is accompanied by a bibliograph Recent Presentations ic essay, all but seven of which have been completed. "Federal Trials and Great Debates in U.S. History," The editors will submit the entire manuscript to Cam Welcoming Keynote, ABA Division for Public bridge University Press by the end of December 2006. Education, and the History Office, Federal Judicial Publication is expected in the spring of 2008. Center, Summer Teacher Institute, Chicago, June 2006 "Necessities of State: Police, Sovereignty and the Recent and Pending Publications Constitution," First Boston University Editor (with M. Grossberg), The Cambridge History of (USA)-Cambridge University (UK) Political History Law in America, 3 vols. (Cambridge University Press, Conference, "The Constitution and Public Policy in forthcoming) American History," Boston University Institute for "Law, Population, Labor," in C . Tomlins & M. American Political History, March 2006 Grossberg, eds., Cambridge History of Law in America, "The Threepenny Constitution (and the Question l (forthcoming) of Justice)," Political and Legal Theory Workshop, "Law and History," in G. Caldeira, R. D. Keleman, Buchman Faculty of Law, Tel Aviv University, Tel & K. Whittington, eds., The Oxford Handbook on Law Aviv, Israel, January 2006 and Politics (Oxford University Press, forthcoming) 34 American Bar Foundation Professional Service and Recognition ing matters further, the Independent proved adept at Editor, Law & Social Inquiry using the First Amendment to protect its right to pub lish. Rather than attack Ford personally, bring suits for Evaluator of Applications, Fellowship Program, personal defamation, or test new state laws criminaliz Radcliffe Institute for Advanced Study ing the libel of racial or religious groups, the Jewish Editor, Cambridge Historical Studies in Arru.>rican defense organizations focused on discrediting the Proto Law and Society (monograph series, for Cambridge cols. American Jewish Committee President Louis Mar University Press) shall, a prominent civil rights lawyer, believed that li ti Member, lntemational Editorial Advisory Board, gating antisemitic defamation only fomented resent Labour/Le Travail ment of Jews. In early 1922, Ford announced that the newspaper would end its attacks on Jews and focus on issues of "great public importance" but in 1924 he ordered the Independent to resume its anti-Jewish campaign. Playing on the widespread perception of American farming as economically unstable, the Independent attacked the agricultural cooperative movement. lts Leader, the lawyer Aaron Sapiro, was accused of defraud ing Ameri can farmers for the benefit of an international Jewish conspiracy. A native Californian with a reputation as a loner, Sapiro chose to respond to Ford directly. He demanded a retraction. The paper answered with more Research Interests: American legal, social, and articles alleging his misconduct in states where he had economic history, 1865 to the present. Current research never worked. In 1925, Sapiro filed a federa l li bel suit in examines the roles of lawyers and civil rights activists Detroit. His request for $1 million in damages riveted fighting antisemitic defamation during the 1920s; the tl1e press's attention not on the newspaper's antisemitic legal history of American agriculture; and the legal allegations but on the likelihood Ford would testify. For practice and constitutional jurisprudence of Louis nearly two years, the defense tried fruitlessly to prove Marshall ( L856- L9 29) . that the articles were true. Ford's hired-gun trial lawyer, sitting U.S. Senator James A. Recd, knew before the Current ABF Project trial began that he could not mount a successful defense. Insecure Equality: He then changed tactics, announcing that the only Fighting Antisemitism in Model T America issue in the case was Sapiro's professional conduct, not A book nearing completion examines Henry Ford's anti antisemitism. In response, Sapiro and his lawyer broad semitism as the cause of a significant conflict over the ened their conventional individual libel argument to status of Jews in American society during the 1920s. Pre include a broader group libel claim. That development viously undiscovered archival sources permit a new story was decidedly unwelcome t:o Louis Marshall, who had to be told about the strategies of various members of the discouraged others from bringing libel suits in the belief Jewish community who attempted to stop Ford's libelous that no individual should recover damages from attacks campaign. The book vividly illuminates the legal, social, made on Jews as a group. and constitutional obstacles to the protection of minor Reed and the Ford lawyers underestimated the ity rights and the regulation of hate speech. strength of Sapiro's case, and Marshall misjudged its In the late 1910s, when Ford was one of the most potential for strengthening the claims of American Jews famous men in the country, he bought a newspaper, The to full citizenship. The month-long trial produced daily Dearborn Independent, expressly in order to tell the banner headlines and bizarre moments. A providential country "the truth" about Jews. Between 1920 and automobile accident enabled Ford to avoid raking the 1925, the paper published articles that attacked many stand. Sapiro withstood weeks of Reed's withering cross leading Jews by name while also making spurious examination, winning the press's sympathy. Desperate charges against Jews as a people. The campaign began to end the sui t, Ford ordered his bodyguard, Harry Ben with a series based on The Protocols of the Elders of Zion, nett, to secure the declaration of a mistrial. Bennett which details a conspiracy of Jewish tribal elders to con planted an interview with a juror in a Detroit newspa trol world financial and governmental institutions. The per, thus preventing the jury from rendering a verdict. mass-marketing of this fraudulent text to hundreds of Ford then sent emissaries to meet with Marshall, who thousands of Americans frightened Jewish leaders, but eagerly wrote a statement in which Ford apologized not they did not agree about how to stop Ford. Complicat- to Sapiro but to the Jewish people. 2006 A nnual Report 35 For Marshall, Sapiro's legal interests paled in com " 'lt ls Our Choices That Make Us What We Are': parison ro Ford's historic statement of repentance. He Moral Choice in the Harry Potter Novels," American knowingly cast aside both Sapiro's chance for victory on Bar Foundation Research Seminar, Chicago, June rerrial and his own responsibility to his law partner's 2006; Annual Meeting of the Law and Society client, whose own libel suit against Ford remained in Association, Baltimore, July 2006 active litigation. Marshall hoped to contain the spread of Ford's antisemitic publications, but no one was able Professional Service and Recognition to hold Ford to that promise after Marshall died in 1929. Associate Editor, Enterprise and Sociely The articles were published as a pamphlet entitled The Co-organizer, Conference in Honor of the Work of lntemationaL]ew, which was widely reprinted around the Harry N. Scheiber, University of California at Berkeley world and later on the Internet. Marshall's involvement School of Law, September 2006 enabled Ford to exit the litigation without taking Co-chair, with Daniel Hamilton (Chicago-Kent responsibility for the damage his newspaper inflicted on School of Law), Chicago Legal History Seminar, Sapiro, Jews, and the nation's social fabric. The out-of hosted by the American Bar Foundation court settlement in the libel suit ensured that no judge National Endowment for the Humanities Fellowship, or jury would have the chance to construe the group 2006-07, for "Insecure Equality: Fighting Antisemitism and individual libel claims that the case raised. As it in Model T America" turned out, no better opportunity to test the early devel opments in the law of group libel surfaced until decades Franklin Research Grant, American Philosophical later. Society, 2006-07, for "Louis Marshall: Lawyering in the Shadow of Brandeis" Recent and Pending Publications Member, Surrency Article Prize Committee, "Agriculture and the State, 1790-2000," in C. Tomlins American Society for Legal History & M. Grossberg, eds., Cambridge History of Law in America (Cambridge University Press, forthcoming 2007) "A Guide to Legal and Genetic Terminology Used in the Sale of Hardwood Seeds and Planting Stock (with K. Woeste)," U.S. Forest Service Extension Publication No. FNR-222 (2006), http://www.ces. purdue.edu/extmedia/FNR/FNR-222.pdf. "Agricultural Regulation," in B. Black & L. Kalman, eds., Oxford Encyclopedia of Legal History (Oxford University Press, forthcoming) "Louis Marshall," in R. Newman, ed., Yale Biographical Dictionary of American Law (Yale University Press, forthcoming) Recent Presentations "Louis Marshall: Lawyering in the Shadow of Brandeis," University of California at Berkeley, September 2006; Benjamin Cardozo School of Law, October 2006 "Insecure Equali ty: Louis Marshall, Henry Ford, and the Problem of Defamatory Antisemitism. 1920-1929," CEGLA Institute for Legal I listory, Tel Aviv University, Tel Aviv, Israel, April 2006 "Agriculture and the State, 1789-2000." Chicago Legal History Seminar, American Bar Foundation, March 2006; Organization of American Historians, April 2006; Agricultural History Society, June 2006 ') C ,)() American Bar Foundation Faculty Fellows vides an opportunity to observe the more complex pat terns that emerge over time, as lawyers gain expertise, ~,~~.. !o.~~~,?.~~.~vitzer change jobs, begin to draw more on their social net • , University of Toronto works, and become more involved with family relation ships. The influence of gender and race or ethnicity, in ii, particular, will likely become even more pronounced as .11 these lawyers move out of their initial jobs, begin fami lies, and face a more complex-and a more refined Joint Appointment: Assistant Professor labor market. The After the JD study will not only doc of Sociology, University of Toronto. ument these patterns, but will provide the empirical data necessary for devising policy solutions. Research Interests: stratification in the legal profession with a current focus on the After the JD project, the first Recent and Pending Publications national longitudinal study of law graduates in the U.S. "Family-Based Justice in the Sentencing of Domestic Research has also been conducted on the social organization Violence" (with M. Dawson), of lawyers, the market for lawyers and legal services, and British Journal of the effects of legal culture among civil litigators. Additional Criminology (forthcoming 2007) research has addressed the sociolo1:,ry of crime and criminal "Lawyer Satisfaction in the Process of Structuring justice, including work on specialized domestic violence Legal Careers" (with B. Garth), Law & Society Review courts, prosecutorial decision-making, sentencing, and the (forthcoming 2007) effects of incarceration on offenders cmd their families. "Lawyers on the Move: The Consequences of Mobility for Legal Careers" (with J. Hagan), International Journal Current AB F Project of the Legal Profession (forthcoming 2006) After the JD (with Robert Nelson, "Social Capital and Constraints on Legal Careers," Bryant Garth, and Joyce Sterling) 40 Law & Society Review 445 (2006) After the JD (AJD) is the first empirical study of a "Observations from the After the Bar Survey of nationally representative cohort of new lawyers. the Bar Class of 2000" (with R. Nelson, B. Garth, Designed as a longitudinal study of lawyer careers, AJD ]. Sterling, G. Wilder, & T. Adams), 24 Quinnipiac is tracking the professional lives of more than 4,500 Law Review 539 (2006) lawyers during their first ten years after law school. Respondents in the AJD study were first contacted in Recent Presentations 2002, soon after they were admitted to the bar and "Youth Crime, Commitment to Capitalization and began their first jobs. The first wave of data from lhe the Ethnic Transformation of a Global Edge City" AJD study painted a rare portrait of the national (with J. Hagan & R. Levi), Invited Presenlation, employment situation for new lawyers. For example, the Racial Democracy, Crime and Justice Network distribution of women into various practice settings was Workshop, Columbus, Ohio, July 26, 2006 already diverging from that for men, and the careers of "Urban Law School Graduates: Tracing the Multiple ethnic and racial minorities revealed pauems that may Pathways of Early Careers" (with J. Sterling, B. Garth, reinforce inequalities as well . For the most part, howev & R. Nelson), Law and Society Association Annual er, the first wave revealed an expected pattern of strati Meeting, Baltimore, July 6, 2006 fication related to law school attended and grades "The Differential Valuation of Women's Work: A New achieved. The majority of respondents were sr.ill work Look at the Gender Gap in Lawyers' Incomes" (with ing in their first jobs and were located predominantly in J. Sterling & Nancy Reichman), Law and Society private firms. Many had not yet married, and most did Association Annual Meeting, Baltimore, July 7, 2006 not yet have children. The second wave of the project will be launched in "Lawyer Satisfaction in the Process of Structuring early 2007, collecting data from the AJD cohort when Legal Careers" (with B. Garth), Osgoode Hall Law respondents are about six years into their careers and School, Toronto, Canada, February 2, 2006; American Bar Foundation, February 8, 2006 experiencing many important personal and professional transitions. The longitudinal design of the project pro- 2006 Annual Report 137 Professional Service and Recognition the filing of a federal lawsuit; 2) a quantitative analysis Member, Article Prize Committee, Sociology of of a large random sample of discrimination filings in fed Law Section, American Sociological Association eral courts from 1988 to 2003, which replicates impor Member, Article Prize Committee, Law and Society tant research by Donohue and Siegelman on filings Association from 1972-1987; and 3) qualitative analyses of a subset of federal case filings that includes about 1.50 in-depth interviews with parties and lawyers and analyses of case file documents. Corporate Purchasing of Legal Services This project, which is a collaborative effort with the Program on the Legal Profession at Harvard Law School, examines the processes by which large corpora tions, and in particular the general counsel of these large corporations, go about finding, selecting, and eval uating outside counsel for a variety of legal work. Using in-depth interviews with general counsel of Fortune 500 Joint Appointment: Assistant Professor companies, publicly available data, and a survey of gen of Sociology, University of Chicago eral counsel, this project will provide the first systemat ic examination of the structure of purchasing of corpo Research Interests: organizational sociology, sociology rate legal services. of law, economic sociology, and hist.orical sociology. Recent and Pending Publications Current ABF Projects "Do Rankings Matter: The Effects of U.S. News fif Employment Discrimination Litigation World Report Rankings on the Admission Process of (with Laura Beth Nielsen, Robert L. Nelson, Law Schools" (with M. Sauder), 40 Law & Society John Donohue III, and Peter Siegelman) Review 105 (2006) At the center of current debates about the role of anti "How Much is a Relationship Worth? Embeddedness discrimination law in American society is the system of and the Pricing of Legal Services in the Large discrimination litigation. Despite the sheer magnitude Law Firm Market" (with B. Uzzi & S. Dunlap), of changes in employment discrimination law and liti in L. Empson, ed., Managing the Modem Law Firm gation in th.e last 15 years, including significant changes (Oxford University Press, forthcoming 2007) in decisional and statutory law and dramatic growth in the number of federal discrimination lawsuits, there is a lack of systematic empirical research on the changing dynamics of employment discrimination disputes. The research answers such fundamental questions as: what proportion of federal civil rights employment claims are based on race, gender, disability, age, nation al origin, or other grounds? Are some types of claims more likely to succeed than others? Are workers in cer tain industries, occupations, geographic locations, and federal circuit.s more or less likely to file employment discrimination claims with the EEOC and in federal court and with what outcomes? Who are the lawyers representing the parties on both sides of discrimination claims and how do they shape the initiation, handling, and resolution of claims? Are plaintiffs and defendants satisfied with the procedures and outcomes of the dis crimination claiming system? This project combines: I) a quantitative analysis of conftdential data obtained from the EEOC on com plaints filed with the agency from 1990 to 2002, which will allow analyses of which EEOC complaints lead to 381 American Bar Foundation Publications and the top ten peer Law & reviewed journals in the Law& Social Inquiry law field. The measure is Social lnquiq only one indicator of , ,....._ -..._Ai...._...... _ ...... Editorial Policy standing, but it is a useful Law & Social Inquiry is a quarterly, interdisciplinary, tool that editors, readers, peer-reviewed scholarly journal of international stand and potential contributors ing in law and social science. Contributors include law can use to judge the jour nal's relative success. professors, social scientists, and practicing lawyers. Pro ,i...._...... ,~ ... cedures for submission and acceptance of articles are Volume 31 of the like those of most refereed academic journals. Articles journal, for 2006, fearures are reviewed by three or more scholars in a process both organized debates and a wide variety of individual known as "double-blind peer review" (the identities of scholarly research. The journal's first issue (March) both the authors and the reviewing scholars are known included work on legal change and family definition only to the journal's editors). Publication decisions are (Melissa Holtzman), on the "jurisdictional politics" of made by the editors. the occupied West Bank (Tobias Kelly), and two very In addition to the high quality of the original fine articles by young scholars: Sida Liu, writing on research that it publishes, Law & Social Inquiry is wide legitimacy conflicts in lower courts in the People's ly known for its review essays and review symposia. The Republic of China; and Emily Ryo, on illegal immigra essays go beyond the typical brief book review to place tion during the era of Chinese exclusion. (Ryo's article the work under examination in its intellectual context was the winner of the Law & Social Inquiry student and provide readers with overviews of the major intel essay prize competition for 2005). The second (June) lectual debates in the field. Currently, each issue of the issue included studies of Megan's Law (Rose Corrigan), journal also includes a "book notes" section that pres reactions to Native American gaming (Renee Ann ents brief descriptions of forty or fifty recently published Cramer), the construction of markets among Jewish dia books in the field of sociolegal studies. mond workers in New York (Barak Richman), and the comparative sociology of law in Europe and the U.S. Editors (Mauricio Garcia-Villegas). The third (September) issue included a forum on the reciprocal impact of glob The overall editor of Law & Social lnCJuiry is Christo al and local legal development that featured work on pher Tomlins, who also edits the journal's research arti the construction of Asian insolvency law (Bruce Car cle section. Howard Erlanger of the University of Wis ruthers and Terence Halliday), and on the Internation consin Law School edits the journal's review section. al Criminal Tribunal for the Former Yugoslavia (John Bonnie Honig, Joanne Martin, and Tracey Meares are Hagan, Ron Levi and Gabrielle Ferrales). This issue also rhe journal's associate (advisory) editors. Lila Stromer published three articles on aspects of legal education: on provides expert assistance in the production and admin the late nineteenth century transition to academic istration of the journal from her position as editorial merit as the standard for hiring career law teachers coordinator. (Bruce Kimball); on the sociology and anthropology of Contents informal interactions among law students (Desmond Manderson and Sarah Turner); and on the impact of Law & Social Inquiry is committed to publishing the educational debt on law student career decisions highest quality scholarship of interesl to legal academics (Christa McGill). The fourth (December) issue is given and practitioners. We are pleased to note that the jour over in its entirety to a major symposium on "the new nal's "impact fact.or" (a statistic computed by the Insti legal realism" in both its domestic and transnational tute for Scientific Information that measures academic aspects. Four articles-by Cheryl Kaiser, John Conley, journals' standing by counting citations of work that Frank Dobbin, and Nicholas Pedriana and Amanda they publish) places it among the top forty law journals Abraham-treat U.S. discrimination law from "new 2006 Annual Report 139 legal realist" perspectives. Two articles-by Sally Engle Merry and by Elizabeth Heger Boyle and Erika Busse Researching exemplify resort to new legal realist perspectives as a Law means ro study transnational phenomena. Law & Social Inquiry is not inrended to serve (and Researching Law: An ABF does not serve) as a primary outlet for the research of Update is a quarterly newsletter American Bar Foundation research fellows and affili designed to acquaint a wide ·- ates. Nevertheless, ABF researchers and affiliates have audience with the research always played an important role in the journal's success. activities of the American Bar The December issue's New Legal Realism symposium, Foundation. The articles that for example, was organized by ABF Research Fellow appear in this publication pres Laura Beth Nielsen and fom1er ABF Director Bryant ent the findings of ABF projects in Garth, and expedited by Research Fellow Elizabeth a concise, nontechnical format but Mertz. Nielsen and Garth have written the introduc in suffici ent length to convey the tions to the symposium's two main sections. The Sep· full flavor of the research reported tembcr forum on global-local legal interactions features on. The topics covered in 2006 scholarly work by Research Fellows Terence Halliday include: the evolving role of the - and John Hagan, and collaborating scholars Bruce Car Supreme Court in the American ruthers and Ron Levi. The ABF has also supported the polity based on The United Scates research of Sida Liu, one of whose articles appears in the Supreme Court: The Pursuit ofJustice, edited by Christo· March issue. pher L. Tomlins; the effects of non-unanimous civil jury Volume 31 's review section essays have probed verdicts (Shari Diamond, Mary Rose, and Beth Mur recently published books in many areas of legal and phy); international perspectives on lawyer professional sociolegal studies: they include commentaries by ism and ethics, which reported on the ABF Fellows Michael Paris on the politics of rights, Tom Boellstorff research seminar in honor of Wm. Reece Smith, Jr.; on gender and sexuality in Islamic law, Robert Kagan on popular justice and counter-violence in South Africa the analysis of conservative tort law reform, Douglas (John Comaroff and Jean Comaroff); the changing Goodman on law and popular culture, John Braithwaite nature of public interest law practice (Laura Beth on restorative justice, Max Travers and John Conley on Nielsen and Catharine Albiston); the citizens of Saraje the study of language and law, Paul Kaplan on the vo's perceptions of the International Tribunal for the (widening) contrnst in practices of criminal punishment Former Yugoslavia (John Hagan and Sanja Kutnjak in the U.S. and Europe, Lauren Benton on constitution lvkovic); and the strategies adopted by a civil servant, alism and empire in American history, A.G. Roeber on Louis Post, in his successful struggle ro secure rights for law, religion, and early-modem state-making, and Anna foreign nationals during the first Red Scare (Bonnie Marshall on the political and cultural construction of Honig.) Researching Law is supported in part by Lexis· legal identity. Nexis/Martindale-Hubbell, which has sole advertising rights. The newsletter is distributed to a wide audience, Circulation and Publisher including The Fellows of the American Bar Foundation, As of the publication of Volume 31:3 (Fall 2006), the policy makers, libraries, foundations, government agen Journal had 645 paid subscribers and 707 special sub cies, and media outlets. Issues are also posted on the scribers (those members of The Fellows of the American ABF website and may be downloaded. The articles in Bar Foundation who requested subscriptions). Researching Law are written by Anne K. Tatalovich. In January 2006, Blackwell Publishing took over responsibility for production, subscription fulfillment, and marketing from The University of Chicago Press, which began printing Law & Social Inquiry in 1990. The transition has been smooth and we are very satisfied with Blackwell's performance as publisher. In recent years, Blackwell has undertaken major investments in electronic journal publishing. Through these services, Law & Social Inquiry is well-positioned to reach a grow ing global audience. 40 American Bar Foundation Liaison Research Services Program The Liaison Research Services Program was created in 1975 to address two primary goals: to compile and dis seminate information about the legal profession and to provide research expertise to entities of the organized bar by designing and conducting discrete, short-term projects focusing on issues of concern and interest to these groups. To address the first of these goals, the American Bar Foundation has, since 1956, periodically produced The Lawyer Statistical Report with the cooperation of Martin dale Hubbell, which provides the data files for this proj ect. This report is unique to the literature about the pro fession in that it provides detailed demographic infor mation on the numbers of lawyers and law firms nation ally and on a state-by-state basis. It presents distribu tions of lawyers across practice settings, among law firms of various sizes, and practice settings by age and gender. Clara N. Carson, with the assistance of Research Fellow Emeritus Barbara A. Curran, is currently compiling the Research Advice. The Foundation is in a unique latest edi tion of The Lawyer Statistical Report which is an position to consult with ABA entities on bow best to analysis of the 2005 national lawyers' database. structure a research initiative. The Foundation can pro To address the second goal of providing research vide general guidance, review survey instruments, help expertise to entities of the organized bar, the Founda to find appropriate academics to work on a research tion works closely with the American Bar Association project, and consult on results. on a variety of research initiatives. In general, the Foun The Foundation and the Association have a unique dation provides useful, professional research advice and relationship that informs each organization's efforts to services in a variety of formats. enhance the public's understanding of the law, legal New Research. From time to time, the Founda institutions and legal processes. Through the Liaison tion, through its Liaison Research Services Program, Research Services Program, the Foundation collabo will take on a few modest research projects for ABA rates with the Association and its entities in meaningful entities. In determining what research projects might be ways, thus bringing the expertise of the leading institu possible in a given year, the Foundation will give prior tion for the empirical study of the law to bear on the ity to research that fits within the overall mission of the myriad programs, initiatives and activities of the ABA. ABF and that is feasible to conduct in a shorter period From participating in initiatives organized by the ABA of time. Presidents to working with Sections, Divisions and Information from Existing Projects . The Committees on unique research projects, the research of Foundation and the Association might find overlap the American Bar Foundation informs the organized between an existing ABF research project and an ABA bar, the legal community, and the public. project or initiative. In these cases, the Liaison Research Services Program can develop a liaison rela tionship between Foundation Research Fellows and ABA encit.ies. Research Fellows may provide general expertise or specific data that have been collected from previous or current research projects, to inform the work of an ABA entity. 2006 Annual Report I IJ I Summer Diversity Research Fellowships in Law and Social Science for Undergraduate Students The American Bar Foundation was pleased The summer program is supported in part by the to host four outstanding undergraduate students Kenneth Rand Harle G. Montgomery Foundation, in the summer of 2006 who participated in the the Solon E. Summerfield Foundation, and the National Science Foundation. In addition, the ABF Summer Research Diversity Fellowship Pro&JTam. gratefully acknowledges the participation of ABF The program offers students 1 who are selected Board Member Graham Grady and the support of from across the country in a highly competitive the Chicago legal community. Special recognition application process, the opportunity to explore is extended to two firms whose contributions merited the field of sociolegal research and observe law a naming opportunity: the Kirkland & Ellis Summer practice in the private and public sector. Research Fellow and the Jenner & Block Summer Research Fellow. Additional sponsors of the 2006 program are: Benefactors: DLA Piper Rudnick Gray Cary US LLP Wildman, Harrold, Allen & Dixon LLP Katten Muchin Rosenman LLP Contributor: Mayer, Brown, Rowe & Maw LLP The 2006 Summer Diversity Fellows were: Zeh-Sheena Ekono, a rising senior at Harvard University, who worked with Senior Research Fellow Robert Nelson and Research Fellow Laura Beth Nielsen. Deepa Thimmapaya, a rising junior at Northwestern University, who worked with Senior Research Fellow John Hagan. Tiffanye Threadcraft, a rising senior at Harvard University, who worked with Senior Research Fellow Victoria Saker Woeste. Danielle Toaltoan, a rising senior at Swarthmore College, who worked with Senior Research Fellow Shari Diamond. 42 American Bar Foundation Sponsored Programs The ABF research program is supported by an annual &'Tant from the American Bar Endowment (see page 2) and contributions from The Fellows of the American Bar Foundation and other supporters. The ABF also seeks grants for specific research projects and other Foundation programs from government agencies and private foundations. The fallowing external Sj)Onsors provided support for projects in 2006. Access Group, Inc. National Science Foundation After che JD : Legal Careers in Transition (Ronit After the JD: Legal Careers in Tramition (Ronit Dinovitzer, Robert Nelson, Bryant Garth, and Joyce Dinovitzer, Robert Nelson, Bryant Garth, and Joyce Sterling) Sterling) Clinic~Level Law: The Legalization of Medicine in AIDS American Philosophical Society Treatment and Research (Carol Heimer) Louis Marshall: Lawyering in che Shadow of Brandeis ExJ>laining Death and Atrocity in Darfur {John Hagan (Victoria Saker Woeste) and A lberto Palloni) Supplemental grant also awarded under the NSF Law School Admission Council Research Experiences for Undergraduates Program After the JD: Legal Careers in Transition (Ronit Expressive Law: Testing the Effects of Third Party Dinovitzcr, Robert Nelson, Bryant Garth, and Joyce Recommendations on Behavior in Coordination Games Sterling) (Janice Nadler and Richard McAdams) From Law School to Later Life (John Hagan, Fiona Kay, The Genesis and Developmenc of Employment and Ronald J. Daniels) Discrimination Lawsuics (Laura Beth Nielsen and Senior Status, Gender, and Race in the Legal Academy Robert Nelson) (Elizabeth Mertz, Wamucii Njogu, and Carol Supplemental grant also awarded under the NSF Greenhouse) Research Experiences for Undergraduates Program Lexis/Martindale-Hubbell The Legal Complex and Struggles for Political Liberalism (Terence Halliday, Malcolm Feeley, and Lucien Researching Law: An ABF Update Karpik) Kenneth F. and Pm·encal Incarceration and lncergenerational Social Harle G. Montgomery Foundation Exclusion: The Long Arm of the Law {John Hagan and Holly Foster) Summer Diversity Research Fellowships in Law and Social Science Popular Justice, Criminal Violence, and Alternative Policing in che New South Africa: The Politics of Order National Association for Law Placement in a Brave Neo World (John and Jean Comaroff) After the JD: Legal Careers in Transition (Ronit Dinovitzer, Robert Nel5on, Bryant Garth, and Joyce Solon E. Summerfield Foundation Sterling) Summer Diversity Research Fellowships in Law and Social Science National Endowment for the Humanities Insecure Equality: Fighting Antisemitism in Model T America (Victoria Saker Woeste) 2006 Annual Report 43 The Liz and Peter Moser Research Fund in Lega I Ethics, Professiona I Responsi bi Iity, and Access to Legal Services After years of service to the legal profession, as President of the American Bar Foundation, Treasurer of the American Bar Association, President of the State Bar of Maryland, and as a teacher, practitioner, and expert involved in national and state efforts to improve the ethics and professionalism of American lawyers, Peter Moser and his wife, Liz, have made a generous gift to the American Bar Foundation to create a research fund to support pathhreaking, empirical research in the fields of Legal Ethics, Professional Responsibility, and Access w Legal Services. Following is a list of contributors to The Moser Fund: Founding Sponsors Contributors Theodore A. Kolb DLA Piper Rudnick Gray Cary US LLP Betty Smith Adams Susan B. Lindenauer ABA Section of Business Law Paul D. Beckman Lloyd P. Lochridge Amelia H. Boss Robert MacCrate Founding Benefactors Paul V. Carlin Joanne Martin Barbara Mendel Mayden Mortimer M. Caplin Albert L. Cohn Charles E. McCallum James H. Carter, Jr. Louis E. Condon Roy A. Hammer J. Michael Conroy, Jr. Richard J. Medalie William D. Missouri Donald B. and Kay Hilliker John C. Deacon John H. Morrison Arthur W. and Nora Leibold Mary M. Devlin David K.Y. Tang Charles Driebe James A. Noe, Jr. Robert F. Orinan William G. Paul Found ing Gifts Lauren B. Edelman Richard Pena John H. Pickering John J. Curtin, Jr Thomas M. Fitzpatrick Bumele V. Powell Frank T. Gray. Herbert S. Garten Harry J. Roper Linda Hayman Miles C. Gerberding Ellen F. Rosenblum Robert 0. Hetlage Leonard H. Gilbert Eugene F. Scoles Robert L. Nelson Sandra P. Gohn Russell K. Scott Norman Redlich Mark I. Harrison James R. Silkenat William F. Womble Thomas Z. Hayward, Jr. William Carlisle Herbert Wm. Reece Smith, Jr. Kathleen J. Hopkins Rayman L. Solomon Barbara Kerr Howe Lisa M. Tatum Elizabeth R.K. Whittenbury Earl Johnson, Jr. Marvin L. Karp 44 American Bar Foundation The Wm. Reece Smith, Jr. Research Fund In 2006 the ABF established the Wm. Reece Smith, Jr. Research Fund to honor Reece Smith's many contributions to the practice of law and legal scholarship. The Fund was initiated at the Fellows Research Seminar held in Chicago on February 11, 2006. The seminar featured presentations by members of the ABF research faculty and a distinguished panel of lawyers and legal scholars from around the world, including Reece Smith, on the topic "International PersjJectives on Lawyer Professionalism and Ethics." The Wm. Reece Smith, Jr. Research Fund will advance ABF research on topics that Reece Smith has been dedicated w throughout his career: professionalism, pro bono legal services, and the role of the legal profession internationally to advance human rights and access to justice. The following organizations and individuals made contributions to the Wm. Reece Smith, Jr. Research Fund in 2006. Founding Sponsors Founding Participants Carlton Fields P.A. Bennett Boskey M.D. Anderson Foundation David R. Brink Al Brennecke Founding Partner James H. Carter Kenneth]. Burns, Jr. John C. Deacon Leonard Gilbert Founding Benefactors J.H. Gordon, Sr. Mortimer M. Caplin Michael Greene International Bar Association Mark I. Harrison Robert S. Mucklestone Wm Carlisle Herbert R.K. Shankardass Robert 0. l letlage Sylvia Walbolt William C. Hubbard Dianna Kempe Founding Gifts Theodore Kolb John F. Buckley Earle F. Lasseter Talbot O' Alemberte Robert MacCrate Robert M. Ervin Richard J. Medalie M. Peter Moser William H. Neukom Robert L. Nelson Fernando Pomlx) Nelson Mullins Riley Harry J. Roper & Scarborough LLP Rayman Solomon Norman Redlich Robert A. Stein S. Shepherd Tate Blake Tartt 2006 Annual Report 145 Presentations at the ABF-2006 • Richard R. John, Department of History, University • Jeannine Bell, ABF Visiting Scholar and Indiana of lllinois at Chicago, "When Corporations Were University School of Law, "Preserving Neighborhood Voluntary Associations: Arthur D. Page and the Boundaries: Violence and the Maintenance of Mystification of Corporate Identity at AT&T," Housing Segregation," May 10 January 11 • Claire Priest, Northwestern University School of Law, • Susan Radomsky, ABF Visiting Scholar, "Lawyers "Creating an American Property Law: Alicnability and Statesmen: The Regeneration of Power Ln and Its Limits in American I listory," September 6 Jacksonian America," January 18 • Leigh Bienen, Northwestern University School • Malcolm C. Rich, Executive Director, Chicago of Law, "Florence Kelley in Chicago, 1891-1899," Appleseed Fund for Justice, "Criminal Justice in September l3 Chicago: An Examination of the Cook County • Max Schanzenbach and Ronen Avrah.am, Criminal Court System," January 25 Northwestern University School of Law, "Does • Sida Liu, ABF Graduate Fellow and University of Tort Reform Increase Private Health Insurance Chicago, "Relocating and Decomposing Boundary Coverage?" SepLember 20 Work: Lawyers and Non-Lawyers in China's Market • Bernadette Atuahene, ABF Visiting Scholar and for Legal Services," February l Chicago-Kent College of Law, "Legitimizing Property • Ronit Dinovitzer, ABF Faculty Fellow and Rights When Past Theft Colors the Distribution of Department of Sociology, University of Toronto, Property," September 27 "The Sorting of Lawyers and the Hierarchies of • Kenworthey Bilz, Northwestern University School of the Bar," February 8 Law, "The Puzzle of Delegated Revenge," October 4 • Ryon Lancaster, ABF Faculty Fellow and • Laura Beth Nielsen, ABF Research Fellow and Department of Sociology, University of Chicago, Department of Sociology, Northwestern University, "Monks, Lawyers, and All the King's Men: The "Rights and Realities: Prevalence, Consciousness, Emergence of Bureaucratic Careers in the English and Claiming in American Employment Catholic Church, 1066-1250," February 22 Discrimination Law," October 18 • Barbara Welke, Department of History, University • Linda Skitka, Department of Psychology, University of Minnesota, "No One Thought Children Might of Illinois at Chicago, "Legislating Morality: Do Die: Owning Hazard in rhe Twentieth Century U.S. Procedural Justice, Trust, and Legitimacy Protect Consumer Economy," March 8 the Legal Authorities from Backlash?" October 25 • Jens Meierbenrich, Department of Government, • Greg Matocsian, Department of Criminal Justice, Harvard University, "The Political Economy of University of lllinois at Chicago, "Role C'...onflict 'Lawfare,"' March 22 as an lnteractional Resource in the Multimodal • Winnifred Fallers Sullivan, ABF Visiting Scholar Emergence of Expert Identity," November 1 and University of Chicago, "Re-forming the Secular: • Mae Ngai, ABF Visiting Scholar and Department of Theological Double-Talk and 'Faith-based' Social History, Columbia University, "He Talk Lie: Chinese Services," April 5 Interpreters in Late-Nineteenth and Early-Twentieth • Jonathan Z. Smith, Robert 0. Anderson Century America," November 8 Distinguished Service Professor of Humanities, • Lee Epstein, Northwest.cm University School of University of Chicago, "Precedents: Religious Law, "Lower Court Defiance of (Compliance with) Diversity and Legal Secularism," April 12 the U.S. Supreme Court," November 15 • Robert Yelle, Department of History, University of • William Bridges, ABF Visiting Scholar and Illinois at Urbana-Champaign, "Toward a Genealogy Department of Sociology, University of Illinois at of Religious Freedom: Christian Polemics against Chicago, "Assets, Race, and Place: How Do C ities Jewish Ritual Law as a Precursor for Modem I luman Matter in Promoting Asset Accumulation through Rights," April 26 Home Ownership?" November 29 • John Bowen, Dunbar-Van Cleve Professor in Arts • Noah Zatz, UCLA Law School, "Prison Labor, and Sciences, Washington University, "Why the Employment Relationships, and Economic French Don't Like Headscarves," May 3 Exchange," December 6 46 American Bar Foundation The Fellows of the American Bar Foundation The Fellows of the American Bar Foundation is an hon Fellows Summer Reception was held at the beautiful orary organization of practicing attorneys, judges, and Halekulani Hotel and was attended by more than 150 legal scholars who have been elected by their peers to fellows and their guests. The Fellows partnered with the become Fellows because their professional, public, and ABA Coalition for Justice to present their first annual private careers have demonstrated dedication to the Burnham "Hod" Greeley Award during the reception to welfare of their communities and to the highest princi the national League of Women Voters. The partnership ples of the legal profession. Membership in The Fellows provided an excellent opportunity for the Fellows to is limited to one third of one percent of the bar mem recognize Hod's outstanding service as Hawaii State bership in each state. The Fellows support the research Chair and his long-time support of the Fellows. work of the American Bar Foundation through annual In October the Fellows sponsored a Delegation to contributions and also sponsor seminar programs on China with The People to People Ambassador's Pro topics of direct relevance to the legal profession. gram. Led by Sustaining Life Fellow and former Fellows ln 2006 The Midyear Meeting of The Fellows was Chair, James R. Silkenat, the delegation met profession held in Chicago, Illinois. The Opening Reception, held al counterparts and shared cultural experiences during a at the historic University Club of Chicago, featured fascinating tour. remarks by Ronald Earle, District Attorney for Travis Also in October, the Fellows introduced a new pro County, Texas. The Fellows Research Seminar, "Inter gram, the First Annual Fellows Fall Seminar in Port national Perspectives on Lawyer Professionalism and land, Oregon. Chair Ellen Rosenblum conceived the Ethics," inaugurated the Wm. Reece Smith, Jr. Research idea of a region-hosted meeting as a way for Fellows to Fund, which will support empirical research in the fields come together at a venue other than che ABA Midyear of professional ethics, pro bono legal services, and inter and Annual meetings and debate pressing legal topics in national efforts to secure human rights and the rule of a rigorously intellectual yet engaging and congenial law. The seminar featured presentations on these topics environment. The smaller structure of the Seminar by ABF research faculty members John Hagan and Ter allows for in-depth discussion and participation by all ence Halliday. Commentary was provided by a distin those in attendance. The CLE seminar offered an array guished panel of international scholars and practitioners of subjects from research studies on legal careers, to that included Emilio Gonzalez de Castilla, Jr., Geoffrey physician-assisted suicide, liberty vs. security and the Hazard, Robert Lutz, Claire Miskin, and Ramon Muller "tangled loyalties" involved in ethical conflicts. An at. W illiam Reece Smith, Jr. offered the seminar's clos impressive line-up of speakers for this event included, ing remarks. Robert L. Nelson, John P. Heinz, Elizabeth Mertz, and The Annual Awards Banquet was attended by more Susan P. Shapiro from the ABF research community. than 150 Fellows and their guests who honored the Representing the distinguished and prominent lawyers 2006 Fellows Award winners: in the Oregon legal community were: Hon. Adrienne • Outstanding Service Award: Gibson Gayle, Jr., Life Nelson, Laura Caldera Taylor, Marva Fabien, Robert C. Fellow, Fulbright & Jaworski LLP, Houston, Texas Weaver, Jr., Robert M. Atkinson, Steven Wax, Chief • Outstanding Scholar Award: Anthony G. Justice Paul J. DeMuniz, Allison Rhodes, Helen Hier Amsterdam, New York University School schbiel, and Professor Paula Abrams. of Law, New York, New York 2005-2006 Fellows Officers • Outstanding State Chair: Gary T. Johnson, Chicago Historical Society, Chicago, Illinois Chair: Richard Pena Professor Noah Feldman of New York University Chair-elect: Ellen F. Rosenblum School of Law gave the keynote address at the banquet, Secretary: Ellen J. Flannery which touched on some of the topics in bis latest book, 2006-2007 Fellows Officers Divided by God. Chair: Ellen F. Rosenblum The Annual Meeting of The Fe! lows was held in Chair-elect: Ellen J. Flannery Honolulu in August. The business breakfast featured an Secretary: Jimmy K. Goodman address by the Chief Justice of the Hawaii Supreme Court, Honorable Ronald T.Y. Moon. Chief Justice Regional Chairs Moon provided a brief history of the path to Hawaiian Central: Guy N. Harrison statehood and discussed some of the unique practices Eastern: Steven L. Tober and procedures of the legal community in Hawaii. The Western: Elizabeth R. Koller Whittenbury 2006 Annual Report 147 Personnel Administration Research Support Staff Robert L. Nelson, Director Maureen Anderson Eileen C. Gallagher, Assistant Direcwr for Governance, Ellen Berry Liaison, and Legal Affairs Kelly Canavan Susan P. Shapiro, Assistant Director for Academic Affairs Rebecca Culyba and Research Administration Flavio Cunha Anne K. Tatalovich, Consultant for Communications Alan Czaplicki and Development Melissa Derr Rozanne M. Caldwell, Assistant co the Director Laura Ephraim Jovito M. Alvaraz, Finance Officer Gabriele Ferrales Manager of Administrative Services Mark Fischer Denia Garcia Lucinda C. Underwood Molly Heiler Research Associate Steven Hoffman Kate Kindleberger Elizabeth L. Murphy Andrea Krebel Program Associates Paul Lafontaine Melissa Lawhorn Katharine W. Hannaford Sida Liu Timothy Watson Evan Lowney Publications Faiza Mushtaq Matthew Patton Lila Stromer, Editorial Coordinator, Law & Social Inquiry JuLeigh Petty Technical Services Consultants Gabriele Plickert Gautham Rao James Fields Sean Romero Clara N. Carson Diego Rosello The Fellows of the American Bar Foundation Shahreen Salam Heather Schoenfeld Sarah Huggins, Membership Director of The Fellows (as of April 06) Lisa Simeone Sommer A. Lohrentz, Coordinator of The Fellows (through March 06) Mohan Singh Baimei Y Guo, Fellows Database Manager Margaret Stephenson Jessica Myers, Fellows Program Associate (as of April 06) Jared Yoskuhl Linda A. Zimite, Administrative Associate (through March 06) Administrative Associate Anne Godden Segard 48 American Bar Foundation Collaborating Scholars Chad Syverson, University of Chicago Catherine R. Albiston, Boalt Hall School of Law, Tom Tyler, New York University University of California, Berkeley Christopher Winship, Harvard University Susan Block-Lieb, Fordham Law School Judy Cameron, Oregon f 2006 Annual Report 49 Financial Report 2005-2006 August 31 , 2006 August 31 , 2005 Assets Cash $379,304 $620,880 Investment Funds at Market $22,063,619 $20,371,450 Pledges Receivable $543,000 $8,011 Payrol 1 Deposit $70,000 $70,000 Equipment (At cost of $1,346,542 in both 2006 and 2005, less accumulated deprec iation of $ 1,343, 179 in 2006 and$ 1,330,869 in 2005 $3,363 $15,672 Prepaid Pension Costs/Rent $1,695,997 $1,588,917 Sundry Receivables and Prepaid Expenses $34,636 $35,512 Total Assets $24,789,919 $22,710,442 Lia bilities and Net Assets Accounts Payable and Accrued Expenses $1,114,674 $781,575 Deferred Income $7,908 $133,250 Net Assets: Operating Fund $1,616,700 $814,489 Designated Funds $22,050,637 $20,981, 128 Total Liabilities and Net Assets $24,789,919 $22,710,442 Notes These financial statements were abstracted from the Foundation's August 31, 2006 financial statements which were audited by Altschuler, Melvoin & Glasser, LLP. Because the information does not include all disclosures required by generally accepted U.S. accounting principles, it does not purport to present the Foundation's financial condition or results of operations. A copy of the audited financial statements will be provided upon request at the Foundation's office. 50 American Bar Foundation August 31 , 2006 August 31 , 2005 Incomes American Bar Endowment $3,813,144 $3,819,532 National Science Foundation/NEH $275,465 $272,907 The Fellows of the ABF $726,270 $533,990 Other Grants/Contributions $899,042 $895 Total Grants and Contributions $5,713,921 $4,627,324 Investment Incomes $936,414 $1,013,818 Law and Social Inquiry Subscriptions $240,392 $93,223 Royalties and Publications $11,262 $11,770 Pension Income $66,265 $80,791 Other Income $1,426 $23,288 Total Income $6,969,680 $5,850,214 Functional Expenditures Research activities $3,184,937 $3,146,477 Fellows' Services $392,573 $390,426 Law & Social Inquiry $251,241 $166,486 Liaison Research Services $35,684 $27,663 Academic Affairs and Fellowships $58,543 $71, 162 Administration (Unallocated) $1,971,541 $1,624,389 Total Expenditures $5,894,519 $5,426,603 Increase (Decrease) in Net Assets $1,075, 161 $423,611 Beginning Net Assets $814,489 $814,489 Transfer to Designated Funds $272,950 $423,611 Ending Net Assets $1,616,700 $814,489 2006 Annual Report 51 Allocation of Funding American Bar Foundation Research Projects ------Legal History and Social Role of Law 18% 52 American Bar Foundation