Faculty Footnotes a Newsletter About the Faculty of the University of Southern California Gould School of Law

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FALL 2006

FACULTY FOOTNOTES A NEWSLETTER ABOUT THE FACULTY OF THE UNIVERSITY OF SOUTHERN CALIFORNIA GOULD SCHOOL OF LAW

Critical race theorist joins USC Law

aria Roithmayr, a nationally recognized from Georgetown University Law Center, Dcritical race theorist, has joined the USC where she was a member of Order of the Coif Gould School of Law as a professor. and served as senior notes editor for the Georgetown Law Journal. After graduation she clerked for Judge Marvin J. Garbis, on the United States District Court for the District of Maryland. USC Law’s interdisciplinary scholarship and high-caliber faculty attracted Roithmayr to the school. “I came to USC because the faculty here is top-notch and because the unique mix of people here — people who do law and economics working together with people who do more McCaffery named dean law and social science — fits perfectly with Well-known USC Law professor to my intellectual interests,” she says. “The diversity of the law school student population lead school through June 2007 Daria Roithmayr and the vibrant activism of Los Angeles also SC Law Professor Edward McCaffery has Roithmayr, who was recruited from the were very important factors to me.” U been named dean of the University of University of Illinois, specializes in discrimina- Before joining the faculty at University of Southern California Gould School of Law on an tion, immigration, evidence law, civil litigation, Illinois in 1996, Roithmayr twice served as interim basis effective July l, 2006, through June and trade and globalization. By exploring simi- special counsel for Sen. Edward Kennedy on 30, 2007. larities between race discrimination and market the Senate Judiciary Committee, advising McCaffery succeeds Matthew L. Spitzer, who monopolies, she has developed a theoretical him on the nominations of Justice David announced earlier this year that he would resign model that explains why racial disparities in Souter and Justice Clarence Thomas. on July 1, 2006. Spitzer, who was dean for six jobs, housing and education might persist even “During the Anita Hill hearings, I began years, will remain on the faculty at USC Law. “Everyone at the law school is thrilled to wel- if people no longer intentionally discriminate. to understand how law, politics, race and come Ed as our dean,” says Vice Dean Scott Roithmayr will publish her findings in her gender interact in a way that reproduces Altman. “We all like and admire Ed, having book, Locked in Inequality: A Market Lock-In power, even when the form of power known him for so long as a terrific scholar, a Model of Racial Discrimination, in 2007. changes,” Roithmayr says. natural leader, and a passionate supporter of “We are thrilled to have Daria here at USC Roithmayr also has worked in private prac- USC Law.” Law,” says Edward J. McCaffery, Dean and tice in Washington, D.C., and Phoenix, and Provost C. L. Max Nikias said he is confident Carl M. Franklin Chair in Law. “She is an inno- served as special counsel to the Mississippi that McCaffery and the faculty, staff and students vative scholar, an engaging teacher and a won- Attorney General, litigating the state’s lawsuit of USC Law will continue the school’s momentum derful, spirited colleague. Our faculty and stu- against tobacco companies. In spring 2007, toward “even greater academic success.” dents alike look forward to working with and Roithmayr will participate in a fellowship at “The strong support of the Gould School alumni learning from her.” the Center for Comparative Study of Race and friends has also been crucial to the school Roithmayr received a B.S. in psychobiology and Ethnicity at Stanford University. and will play a vital role in its future,” he added. from UCLA and her J.D., magna cum laude, continued on Page 5

DMCA notices overreach 2 | Lyon receives NIH grant 3 | Faculty activities 6 115674.cgla.r1 10/23/06 8:49 AM Page 3

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Internet study finds questionable use of cease-and-desist notices

early a third of the copyright USC Law Clinical Professor Jennifer cease-and-desist notices sent to Urban, director of the USC N Google Inc. and other online serv- Intellectual Property Clinic and ice providers under the Digital Millennium co-author of the study with Laura Copyright Act (DMCA) have significant Quilter, a UC Berkeley Samuelson problems with copyright claims or likely Clinic fellow. defenses, a joint USC-UC Berkeley “When other legal issues were study found. also counted, a very high percentage The study, published in Silicon Valley’s of notices inspired questions about Santa Clara Journal of High Tech Law and the process,” Quilter adds. Under Technology in March, found extensive and Section 512 of the DMCA, passed in overbroad applications of the DMCA 1998 by Congress, copyright holders process, which researchers believe severely may ask online service providers to threaten Internet speech. remove content that may infringe “The results indicate a possibly serious upon their copyrights. Because this problem for Internet speech because type of notice is sent with no judi- DMCA notices cause online service cial review of whether a copyright providers to pull material from the Internet was actually infringed upon, legal Jennifer Urban to protect themselves from copyright law- researchers have worried that the system tections for competitors, other creators and suits, generally before their users have is ripe for abuse. the public. We wondered how strong the notice or an opportunity to respond,” says Until this study, however, researchers legal claims in DMCA 512 notices were, had no way to know whether Section 512 because if the underlying copyright com- was working as hoped, or whether people plaints were clear-cut, then the bias toward were using it inappropriately. Urban and takedown might be less of a problem.” Quilter studied a group of nearly 900 However, according to the study, 30 per- DMCA notices collected at the Chilling cent of cease-and-desist orders involved FACULTY FOOTNOTES Effects Clearinghouse (www.chillingef- clear questions about whether the material

EDITOR Melinda M. Vaughn fects.org), which for more than three years actually violated a copyright. “These are has been gathering cease-and-desist letters the kinds of situations where it is very CONTRIBUTORS Rizza Barnes, Gilien Silsby, Betsey Hawkins, Lori Stuenkel related to online expression. The majority important to have a court hear the dispute COMMUNICATIONS COORDINATOR Jennalyn Magtoto of the notices were sent to Google Inc., before material is removed,” Quilter said.

PHOTOGRAPHY Tonya McCahon which submits all such notices to Chilling The study highlights other problems as

DESIGN Leslie Baker Graphic Design Effects in order to create transparency in well. For example, many of the Google the process. notices involved groups who were getting Notices were reviewed to see how often competitors’ sites pulled out of the search USC LAW FACULTY FOOTNOTES the complaint was legally problematic. For index. Further, some copyright holders is published annually by the USC Gould School of Law. example, researchers looked at whether who, it was hoped, would benefit from For more information, contact: fair use or other defenses were applicable. 512 — particularly movie and music com- Melinda M. Vaughn “Copyright law gives creators strong panies — do not seem to be helped much, USC Gould School of Law rights, an important benefit to society,” since that traffic has moved to peer-to- Los Angeles, CA 90089-0071 says Urban. “But it also has important pro- peer networks. [email protected] 115674.cgla.r1 10/19/06 7:55 PM Page 4

Lyon receives $1.7 million NIH grant to study abused children

homas Lyon, USC professor of law The third and fourth phases of the and psychology, has been awarded research will examine whether maltreated T a $1.7 million grant from the children’s true and false narratives can be National Institutes of Health to study why discriminated by analysis of the children’s maltreated children are reluctant to dis- verbal and nonverbal behavior, including close their abuse. their facial expressions and body language, The goal of the research, Lyon said, and whether lay people or professionals is to find ways to encourage children can differentiate between children who are to reveal truthful information without disclosing truthfully from children who are increasing the risks of suggestibility either concealing information or providing of influence. false information. “Most research on child witnesses in the In all phases, the performance of abused past 15 years has emphasized the risks of children will be compared to non-maltreated Thomas Lyon false allegations caused by suggestive ques- children to help determine whether the mal- tioning,” Lyon said. “What has been neg- The researchers will determine the treated children’s life experiences lead them lected are problems that come up when developmental trajectory of children’s con- to think or behave differently. truly abused children are reluctant to dis- ceptions of the morality and consequences The interdisciplinary research program close their abuse. The reasons may be that of disclosure and non-disclosure. For integrates developmental psychology and they are afraid, the law in order to embarrassed or The results of this research, in addition to contribut- make recommendations simply immature.” “ ing to our understanding of child development and for practice. Lyon is Research has actively engaged in the effects of maltreatment, will have enormous found that most training social workers, adults who disclose practical value in helping professionals develop the attorneys and other childhood abuse most sensitive means for questioning children.” professionals on how to never mentioned —Professor Lyon interview children the incidents to using research-based anyone as a child. Abused children, who example, the researchers will examine methods proven to both increase the later testify, are often discredited in court whether and at what age children believe amount of information children can pro- because of inconsistencies and reticence in that promises to keep secrets for adults vide and minimize suggestibility. talking about the abuse. should be kept, even if the secret involves “The results of this research, in addition Lyon, along with Jodi Quas, an associate wrongdoing by the adult. to contributing to our understanding of professor of psychology at UC Irvine, and The second phase will examine mal- child development and the effects of mal- Kang Lee, professor of psychology at the treated children’s truth-telling under vari- treatment, will have enormous practical University of Toronto, will examine hon- ous conditions in order to determine what value in helping professionals develop the esty in maltreated children in several phases. influences children to disclose information. most sensitive means for questioning chil- The first phase examines maltreated chil- For example, the team of professors will dren about topics that are usually kept dren’s understanding of truth and lies and follow up on research they have conducted secret, but are of essential value to the factors that may influence disclosure. In in which maltreated children were more law,” Lyon said. “Children are too often part, this research will help develop legal likely to reveal secrets when they promised silenced by abuse. Our goal is find the methods for determining children’s compe- to tell the truth and were reassured that safest means for them to speak.” tency to testify. telling would not get them into trouble.

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Two rising stars join USC Law faculty

he USC Gould School of Law has “Private Protection of Patentable Goods” (Cardozo Law Review, recruited two new assistant professors, 2004); and “The Rational Underenforcement of Vice Laws” T further enhancing the school’s promi- (Rutgers Law Review, 2002). nence in business and intellectual property law. Leshem is a recent J.S.D. graduate of the New York University Shmuel Leshem specializes in law and eco- School of Law. He also received a joint degree, magna cum laude, nomics, focusing on game theory, and Jonathan in law and economics from the Barnett is an expert on intellectual property, Hebrew University in Jerusalem in corporations and business organizations. 1997. In addition, he has an M.B.A. in “USC Law has a history of hiring excellent finance from the Hebrew University young scholars who quickly become national and an LL.M. degree from NYU. leaders in their fields, and I think we’ve found Leshem’s current research focuses two stars in Shmuel and Jon,” says Edward J. on a signaling theory of termination McCaffery, Dean and Carl Mason Franklin fees in mergers. His recent works Jonathan Barnett Chair in Law. include “Settlement Authority, Barnett comes to USC Law from Cleary Gottlieb Steen & Signaling and Contingent Fees,” and Hamilton in New York, where he was an associate attorney han- “Cross Ownership: Control and dling private equity investments, private and public mergers and Competition in the Israeli Media”

acquisitions, and a variety of financing transactions. He also (with Yaron Ezrahi and Zohar Goshen; Shmuel Leshem taught antitrust and contracts and led an advanced antitrust analy- The Israel Democracy Institute, 2003). sis seminar at Fordham University School of Law in New York. Both say they are pleased to be part of a law school faculty that A magna cum laude graduate of the University of Pennsylvania, emphasizes interdisciplinary research. “USC has a sterling reputa- Barnett received his M.Phil. from Cambridge University and a tion for combining legal analysis with the best of social science J.D. from Yale Law School. His publications include “Shopping scholarship,” says Barnett, “and the faculty has a strong commit- for Gucci on Canal Street: Status Consumption, Intellectual ment to cultivating young scholars.” Property and the Incentive Thesis” (Virginia Law Review, 2005);

Estrich book makes the case for President Hillary

he is among the nation’s most polarizing season,” says Estrich, the Robert Kingsley Professor of Law and politicians, but love or hate her, Hillary Political Science at USC. “Among Democrats, no candidate even S Clinton may be the only woman with the approaches Hillary Rodham Clinton.” power and promise needed to win a bid for the In The Case for Hillary Clinton, Estrich argues that the New York White House. senator would bring vitality and lasting change to the office of In her book, The Case for Hillary Clinton the presidency. (ReganBooks, 2005), USC Law Professor Susan “The most important thing was convincing myself that she Estrich makes this argument and provides a could win,” Estrich says. “I didn’t start off being persuaded she detailed analysis of why Clinton should run for could. I was always much closer to her husband and more president in 2008. impressed with his skills than with hers. I looked at what she did “With the Bush administration now in its final in New York and found that she’s disciplined, charismatic and a years, all eyes are turning to the 2008 political real doer.”

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New book questions basic McCaffery named dean continued from Page 1 economic assumptions McCaffery, holder of the Carl M. Franklin Chair in Law, Economics, and Political Science, joined the USC Law faculty ome of the government’s economic and social programs, in 1989 and is among the school’s most prolific and influential crafted with rational participants in mind, may need an faculty members. He is one of the nation’s leading scholars in Soverhaul, according to Behavioral Public Finance, edited tax law and has testified by USC Law Dean Edward J. on tax policy before the McCaffery and Joel Slemrod, professor U.S. Congress and the of economics at the University of President’s Advisory Panel on Federal Tax Reform. Michigan. McCaffery has served The volume, released in January by in several leadership roles Russell Sage, applies the principles of in the Gould School of behavioral economics to the govern- Law, including serving as ment’s role in constructing economic the founding director of and social policies. In doing so, the USC-Caltech Center Behavioral Public Finance questions the for the Study of Law and basic underpinnings of economic theory. Politics. He also served “We know that people often do not act on the school's adminis- consistently in their own self-interest tration and finance when making economic decisions,” committee; chaired the says McCaffery, Dean and Carl Mason appointments committee; and oversaw the continu- Franklin Chair in Law, Economics, and McCaffery is the father of three girls — Cathleen, 15; Allegra, 13; ing legal education pro- Political Science at USC and a and Sabrina, 7 months (pictured gram, including serving visiting professor of law and economics at the California Institute of above) — and is married to Solina as the executive director Technology. “This basic fact can have important theoretical implica- Kwan, a Stanford-trained econo- of the USC Institute on mist and business consultant. tions and provide a new way of examining public policies, including Federal Taxation. taxation, public spending and the provision of adequate pensions.” “Ed already has played a variety of leadership roles within Contributors to Behavioral Public Finance come from a variety the school,” said Elizabeth Garrett, vice president for academ- of disciplines — including law, economics, marketing and ic planning and budget at USC and the Sydney M. Irmas finance — to study how behavioral research can improve public Professor of Public Interest Law, Legal Ethics, Political Science welfare. One essay found that public support for taxes depends and Policy, Planning and Development. “I know he’ll provide on how the tax is presented. For instance, people tend to prefer outstanding energy and direction for the school corporate taxes to sales taxes because a corporate tax has no during this period.” He received his B.A., summa cum laude, from Yale readily identifiable “victim” — even though the costs of both University, his J.D., magna cum laude, from Harvard Law taxes are eventually paid by consumers. School, and his M.A. in economics from the University of Another essay offers new research showing that many people do Southern California. He is the author of numerous books, not underreport their incomes to the I.R.S. — even when the prob- book chapters and articles, including Fair Not Flat: How to ability of getting caught is 1 percent — because they are not acting Make the Tax System Better and Simpler and Taxing Women. under a strict, “rational choice” model of individual behavior. McCaffery has served as visiting professor of law and eco- “Human beings are not always rational, utility-maximizing nomics at the California Institute of Technology since 1995, economic agents,” McCaffery says. “Behavioral economics has and he has been a visiting professor at Yale Law School and shown how human behavior departs from the assumptions made UCLA Law School. He consulted with the Russian Federation by generations of economists. It is time to bring those important on its comprehensive tax code, and he is of counsel with insights into the large and growing public sector of tax and Sonnenschein, Nath and Rosenthal, where he advises clients spending programs.” on tax and estate planning.

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Selected USC Law Faculty Activities, 2005-06

Jody Armour, Roy P. Crocker Professor of Law, demics and policymakers concerned with the American Conversations series, co-sponsored was a featured speaker at the National Bar reforming the U.S. election administration by the American Studies Program at Boston Association’s 17th Annual Wiley A. Branton system should consider importing ideas from University and Boston University Law School. Issues Symposium. He presented “Michael, South Africa’s Independent Election Commission. Professor Dudziak also presented a paper, “War

Martha and Monica — The Impact of the Media David Cruz, Professor of Law, was elected to Stories and the War Power,” at a symposium on on High-Profile Criminal Cases” with criminal represent the American Civil Liberties Union- “Historical Lessons for a Post 9/11 World: The defense attorney Tom Mesereau. Southern California affiliate on the national Impact of Crisis, Terror, and War on Liberal Alexander M. Capron, University Professor and ACLU board. Democracy,” at the University of New Hampshire. In addition, Professor Dudziak served Henry W. Bruce Professor of Law, concluded a Mary Dudziak, Judge Edward J. and Ruey L. as commentator on a panel on “The Morality of three-year term as the director of ethics, trade, Guirado Professor of Law, History and Political Borders” at the annual meeting of the American human rights and health law at the World Health Science, was awarded a fellowship by the Society for Legal History, held in Cincinnati, and Organization in Geneva. He was appointed to American Council for Learned Societies for the participated in a roundtable, “Interchange: USC’s Biomedical Nanoscience Initiative Steering purpose of completing a book: Exporting History in Professional Schools,” published in the Committee, which will formulate strategy and American Dreams: Thurgood Marshall’s African September issue of the Journal of American make recommendations regarding future invest- Journey. She presented a paper on the same History, on the nature of history teaching and ments in nanobiomedicine. subject at a faculty workshop at Northeastern research by historians with positions in profes- Kareem Crayton, Assistant Professor of Law Law School and at the Third Annual Harvard sional schools rather than history departments. and Political Science, is a legal and political con- Law School Constitutional Law Conference, as sultant for the USC interdisciplinary project well as at a Harvard Law School faculty work- Susan Estrich, Robert Kingsley Professor of Law “Re-Imagining California,” an initiative to use shop. She presented a paper on “The Limits of and Political Science, published The Case for digital games and simulations to encourage Equality in Thurgood Marshall’s Bill of Rights for Hillary Clinton (ReganBooks, 2005) and was a greater civic participation. He is involved in Kenya,” on a panel on “‘The Most Innocent of featured speaker at events across the country, designing a video game that simulates the redis- Continents’: Imagining Africa in the 1960s” at one of which was covered by CSPAN. tricting process and informs the public about the the annual meeting of the Organization of Elizabeth Garrett, Sydney M. Irmas Chair in advantages and challenges involved with the American Historians in Washington, D.C. She Public Interest Law, Legal Ethics, Political Science current system of drawing legislative districts. At also presented a paper, “Rights in the Warrior and Policy, Planning and Development, was the American Political Science Association annual State,” at the “Mobilizing the Movement: The named University Vice President of Academic meeting, Professor Crayton discussed the ways Second World War and the Civil Rights Planning and Budget (see story on Page 8). She in which the courts have interpreted the Voting Movement” conference at Oxford University. testified about the final report of the President’s Rights Act during the past 40 years. At the Duke Professor Dudziak’s essay, “Historicizing the War Bipartisan Tax Reform Panel, on which she Symposium on Voting Rights, he introduced a on Terror,” was published in Insights on Law and served, before the Finance Committee of the proposal for states to consider adopting meas- Society, an American Bar Association publica- U.S. Senate. She also discussed the recommen- ures to protect minority voting rights, based on tion. A collection of essays she co-edited, “Legal dations at a conference on tax reform in the experience of California’s adoption of a vot- Borderlands: Law and the Construction of Washington, D.C., presented by the Center for ing rights act. At the Law & Society Summer American Borders,” was published by Johns American Progress; as a luncheon keynote at the Workshop in South Africa, Professor Crayton Hopkins University Press. The essays first USC Tax Institute; and at the UCLA Tax presented “Importing Democracy from Abroad – appeared in a special issue of the journal Workshop. Professor Garrett also participated in South Africa’s Lessons on Election American Quarterly she edited in September the planning phase of a project to analyze and Administration,” a paper suggesting that aca- 2005. She spoke on the same subject as part of

from left to right: Jody Armour, Alexander Capron, Kareem Crayton, David Cruz, Susan Estrich, Elizabeth Garrett and Ariela Gross

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reform the institutional structure of California’s Dudziak receives ACLS fellowship political system, as part of a group of 30 that included George Schultz, Pete Wilson, leading journalists and academics. Professor Garrett pre- SC Law Professor Mary Dudziak received a fellowship sented “A Framework Law for Initiatives” at the from the American Council of Learned Societies for USC-Caltech Center for the Study of Law and U2006 to support her book project, Exporting American Politics’ Participatory Democracy Workshop. The Dreams: Thurgood Marshall’s African Journey. paper is co-authored with Mathew McCubbins, Dudziak was one of 60 scholars and the only law professor this a political scientist at University of California-San year to receive a fellowship from ACLS. The organization made Diego and visitor at USC Law during fall 2006. awards totaling just under $2.3 million to scholars for postdoctoral She also presented “The Promise and Perils of research in the humanities and humanities-related social sci- Mary Dudziak Hybrid Democracy” at a faculty workshop at the ences. The recipients were selected from 878 applicants. Dudziak, the Judge Edward J. and Ruey L. Guirado Professor of Law, History and Pepperdine Law School; at the Southwestern Political Science at USC, is examining the role of law in the transition to independence Law School’s distinguished speakers series; as in Africa, and in the struggle for civil rights in America. At the center of both stories was the keynote address at the Moritz College of Thurgood Marshall. The first African American to sit on the U.S. Supreme Court, Law’s Legislation Clinic Conference; at the Ohio Marshall aided African nationalists in negotiations on an independence constitution for State University Law School’s faculty workshop; Kenya when he was a civil rights lawyer in 1960. and in Sacramento at the USC California Policy “He played an influential role in a conference held by the British government to draft Institute and for the “USC on the Road” series. a Kenya constitution, writing a draft bill of rights, and focusing especially on minority She continues to serve on the National rights and property rights,” Dudziak said. “Scholars often ignore constitutionalism in Governing Board of Common Cause. The USC- Africa, but in the Kenya of 1960, constitutional politics provided an alternative to war- Caltech Center for the Study of Law and Politics, fare. Marshall did not simply transplant American norms in this context. Instead, he headed by Professor Garrett, hosted a confer- brought a forward-looking vision of what he hoped someday to achieve in America.” ence on “Fiscal Challenges: An Interdisciplinary Dudziak added: “I went looking for information on Marshall in the U.S. National Approach to Budget Policy” in the spring. The Archives, and I found an even bigger story. Groups in Kenya that had been killing each conference was cosponsored by Harvard Law other fought instead with constitutional clauses. Meanwhile, the civil rights struggle at School and USC’s School of Policy, Planning and home took a new direction, and the role of law was less clear. In the middle of these Development, and the proceedings will be pub- dramatic stories was Thurgood Marshall, whose faith in law remained undaunted.” lished by Cambridge University Press. Dudziak’s book will be published in 2008, the centennial of Marshall’s birth, by

Ariela Gross, Professor of Law and History, par- Oxford University Press. ticipated in a roundtable discussion on “New Legal Histories of Race and Nation” at the Organization of American Historians’ annual at the University of Michigan. She presented a Judicial Review and Popular Constitutionalism in meeting in Washington, D.C. She presented a paper titled, “‘The Caucasian Cloak’: Mexican the Antebellum Era, co-sponsored by the commentary titled “Slaves, Race, and Color in Americans and the Politics of Whiteness in the American Association of Law Schools executive 18th- and 19th-Century Latin America: Some 20th-Century Southwest” at the University of committee and the Institute of Constitutional Comparative Observations” at the “Colloquium: Pennsylvania Legal History Workshop. Professor Studies, at the AALS annual meeting in Statutes, Science and the Seas: Slavery and Gross presented her paper, “Slavery and Popular Washington, D.C. She chaired a panel on Freedom in the Atlantic World” conference, held Constitutionalism,” at a panel on Courts, “Judicial Review, Public Opinion and Slavery” at

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>> faculty activities

the American Society for Legal History annual Gillian Hadfield was named the Richard L. and Commitments.” She also gave a seminar at meeting in Cincinnati. She spoke on “Native Antoinette S. Kirtland Professor of Law and Kobe University on “Delivering Legality on the Identity, Citizenship and Land Allotment in the Professor of Economics. She traveled extensively Internet: Developing Principles for the Private Early 20th-Century U.S.” at the ARENA this past year discussing her work on legal Provision of Commercial Law.” She participated Conference on Nations and Nationalism in design, legal institutions and the markets for law in a conference on Modeling Law at the New Seville, Spain. She also spoke in a plenary ses- and lawyers. She was a keynote speaker at the York University School of Law and, also at NYU, sion at “The Politics and History of Slavery in 3rd International Symposium of the Center for presented her paper, “The September 11th Contemporary Legal Argument” Conference on Legal Dynamics in Advanced Societies at Kobe Victim Compensation Fund: ‘An Unprecedented Race, Law and Equality at the University of University in Japan, where she spoke on the role Experiment in American Democracy'“ to the Law Gloucester in Gloucester, England; and at the of law, lawyers and legal education in a market and Society Colloquium. Professor Hadfield dis- “Symposium on New World Slavery: History, society, based on her chapter in the Handbook cussed her work on judicial and lawyer incen- Memory, Redress,” at USC. of New Institutional Economics titled, “The tives to invest in evidence and innovative legal Many Legal Institutions that Support Contractual argument and how institutional differences in

Professor Garrett named USC Vice President

USC Law Professor Elizabeth Garrett has scholar. And I have found that, as an administrator, I do not need been named vice president for academic to leave my research agenda unfinished.” planning and budget at USC. Her new position will build on the successes of her work as The position is the latest in a string of vice provost while also bringing to bear her expertise in budget new opportunities for Garrett since she left and planning. the University of Chicago for the USC Law “My scholarship has long focused on budget issues and how faculty in 2003. After arriving at USC, she revenue and fiscal concerns affect governmental decisions,” she became director of the USC-Caltech Center says. “This job deals with similar issues in an academic setting.” Elizabeth Garrett for the Study of Law and Politics and was A former law clerk to U.S. Supreme Court Justice Thurgood instrumental in bringing the nationally-renowned Initiative and Marshall and adviser to U.S. Sen. David Boren, Garrett is a Referendum Institute to USC. In 2005, she was tapped to serve as nationally renowned expert on law and politics, direct democracy, vice provost for the university. and federal budget issues and tax policy. She chairs the finance “I turned down the offer initially because I loved what I was committee of Common Cause’s national governing board and is doing at the law school,” says Garrett, the Sydney M. Irmas the board’s vice chair, and she recently served on President Professor of Public Interest Law, Legal Ethics, Political Science, George W. Bush’s bipartisan Tax Advisory Panel. and Policy, Planning and Development. “I had been moving the “We are privileged to be able to call on the expertise of Center for the Study of Law and Politics into new realms and Professor Garrett for this important role,” said USC President expanding its influence, and my scholarship was taking fresh Steven B. Sample in a memo announcing her appointment. directions. But [USC Provost] Max Nikias’ energy and enthusiasm “I believe that our academic mission will be further advanced by are contagious. I realized that the efforts we’re undertaking will bridging various academic, administrative and financial bound- effect more academic change than I can accomplish as a single aries through this new vice-presidential post.”

from left to right: Gillian Hadfield, Ehud Kamar, Gregory Keating, Dan Klerman and George Lefcoe

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these incentives contribute to the different rates School of Law. The article is forthcoming in the Dan Klerman, Professor of Law and History, at which law develops under common and civil Georgetown Law Journal. He presented his arti- presented his paper, “Jurisdictional Competition law systems (“The Quality of Law in Civil Code cle “Going-Private Decisions and the Sarbanes- and the Evolution of the Common Law,” at and Common Law Regimes: Judicial Incentives, Oxley Act of 2002: A Cross-Country Analysis” Columbia Law School’s Law & Economics Legal Human Capital and the Evolution of Law”) (co-authored with Pinar Karaca-Mandic and Eric Workshop and at the 17th British Legal History at several law schools and academic conferences Talley) at the Law and Economics Workshop at Conference in London. He delivered the keynote including Yale Law School, the University of New York University School of Law and at the address at a symposium on “Judicial Toronto, the University of British Columbia, New Blue Sky Lunch at Columbia University School of Independence and Legal Infrastructure: Essential York University, and the American Law and Law. He presented his article “Does Shareholder Partners for Economic Development.” The sym- Economics Association Annual Meeting. Voting on Acquisitions Matter” at the Law and posium took place at the McGeorge School of Professor Hadfield participated in a conference Economics Workshop at Tel Aviv University Law, and participants included Supreme Court on the Law and Economics of Contracting at Faculty of Law; at the Law and Economics judges from China and Rwanda. He presented Columbia Law School and presented a paper on Workshop at Hebrew University Faculty of Law; his paper, “Trademark Dilution after Victor's “The Role of Lawyers in the Promotion of the and at the Annual Meeting of the American Little Secret: Identifying the Harm,” at a sympo- Rule of Law in (Emerging) Market Law and Economics Association. Professor sium on the Jurisprudence of Justice Stevens at Democracies,” at the 13th Annual Clifford Kamar presented an invited comment on Fordham Law School. He presented his paper, Symposium on The Rule of Law at DePaul Law Augustin Landier, David Sraer, and David “Jurisdictional Competition and the Evolution of School. She spoke about “The Vanishing Trial” Thesmar's article “Bottom-Up Corporate the Common Law,” at the USC Economics at a Loyola Law School faculty workshop. She Governance” at a Conference on Law and Department Birnkrant Development Seminar. also gave a talk based on her recently published Finance organized by University of Pennsylvania The seminar was co-sponsored by the USC paper (with UC Berkeley Law Professor Eric and New York University. Institute for Economic Research on Civilizations.

Talley), “On Public versus Private Provision of Gregory Keating, William T. Dalessi Professor He presented the paper again two days later at Corporate Law” at the University of Toronto of Law and Philosophy, co-moderated a the University of Colorado Boulder Law School Rotman School of Business; the paper explores Socrates Seminar on “Personal Roles and Faculty Workshop. Professor Klerman commented the differences between law produced by com- Professional Integrity” at the Aspen Institute, on Mullin & Snyder, “Targeting Employees for petitive firms and states to govern corporations. along with Dr. Ezekiel Emanuel, director of the Corporate Crime and Forbidding their Professor Hadfield will be spending the 2006-07 Division of Bioethics at the National Institutes Indemnification,” at the National Bureau of year at the Center for Advanced Study in the of Health. The seminar was held at the insti- Economic Research (NBER) Law & Economics Behavioral Sciences at Stanford University, con- tute's Aspen, Colo., campus. He presented a Summer Institute, in Cambridge, Mass. He is co- tinuing her work on legal design and the role paper entitled “Strict Liability and the chair of the program committee for the American of courts in market democracies. Mitigation of Moral Luck” to the USC Center Society for Legal History 2006 annual meeting. Ehud Kamar, Professor of Law, taught as a for Law and Philosophy Conference on “The George Lefcoe, Ervin and Florine Yoder Chair in visiting professor at the New York University Morality of Fortune.” He participated in a Real Estate Law, twice visited officials and busi- School of Law in spring and fall 2005. He Virtual Symposium on Vincent v. Lake Erie held ness leaders in Buenos Aires and Rio to prepare returned to USC Law in spring 2006 and was by Issues in Legal Scholarship, an electronic for the USC Traveling Land Use Seminar to promoted to Professor of Law. He presented his journal edited by the Boalt Hall Faculty. He Buenos Aires, Iguazu Falls, and Rio de Janeiro. article “Beyond Competition for Incorporations presented his paper “Property Right and He participated on the planning and program Law” at the Law and Economics Seminar at the Tortious Wrong in Vincent v. Lake Erie” at the University of California at Berkeley Boalt Hall USC Law Faculty Workshop.

USC LAW FACULTY FOOTNOTES | FALL 2006 9 115674.cgla.r1 10/19/06 7:50 PM Page 11

>> faculty activities

committee of the USC/Los Angeles County journal averages 10 submissions each month and Statute Task Force, which she co-chairs, and Bar Association Real Estate Law and Business 1,000 downloads per article per year, and has served as a “Supreme Court Justice” for a mock Conference. published nine articles and one symposium. The argument on a right-to-counsel issue. She also

Thomas D. Lyon, Professor of Law and USC Center for Law & Philosophy, directed by gave workshops on “Legal Issues for Teen Psychology, was awarded a $1.7 million 5-year Professor Marmor, hosted a conference on The Parents” at regional meetings of California grant from the National Institute of Child Health Morality of Fortune. Professor Marmor presented Adolescent Family Life Program staff. and Development (part of the National Institutes in a plenary session, “The Nature of Legal Chloe T. Reid, Associate Dean for Admissions of Health, or NIH) to study honesty in maltreated Positivism,” at the IVR Conference in Granada, and Student Affairs, was a presenter at the Law and non-maltreated children, and to assess the Spain. He also presented “Constitutional School Admission Council Annual Meeting in means by which children can be encouraged to Interpretation” at the Columbia Law School legal Toronto, Canada. Her presentation, “Two Years divulge secrets without creating false allegations philosophy workshop and “Are Constitutions Tops,” explored career options in legal education (see story on Page 3). He worked on a brief sub- Legitimate?” at the Legal Philosophy Conference and law school administration. at Universidad Nacional Autonoma de Mexico in mitted by the National Association of Counsel for Jean Rosenbluth, Director of Legal Writing and Mexico City. Children (NACC) to the United States Supreme Advocacy and Adjunct Professor of Law, moder- Court in Hammon v. Indiana, addressing the John Matsusaka, Professor of Business and Law, ated a panel at the 9th U.S. Circuit Court of need for admitting hearsay by victims of family and Elizabeth Garrett, Sydney M. Irmas Chair in Appeals in Pasadena as part of a two-day violence who do not testify at trial. He also spoke Public Interest Law, Legal Ethics, Political Science Appellate Practice Workshop sponsored by the at the annual meeting of the NACC on “Child and Policy, Planning and Development, hosted a Federal Bar Association. Her panel, which con- Development, Competence, and Credibility.” roundtable of journalists and scholars to discuss cerned effective brief writing, included 9th U.S. He co-authored research on recantation of child the progress and direction of their three-year Circuit Judges Pamela Rymer and Richard Paez, sexual abuse at the annual meeting of the project on direct democracy in cities and coun- as well as several law firm partners and senior Psychology and Law Society in St. Petersburg, Fla. ties. The project, sponsored by the Haynes government attorneys. Professor Rosenbluth pre- He presented trainings on interviewing children Foundation, the Initiative and Referendum sented a workshop at the Legal Writing Institute at the Statewide Judicial Branch Conference in Institute (which Matsusaka directs), and the USC- Conference on “Using the Media to Promote Our San Diego, the 20th Annual San Diego Caltech Center for the Study of Law and Politics Worth as Practitioners.” She also served on the Conference on Child Maltreatment, the 10th (which Garrett directs), is putting together exten- Los Angeles County Bar Committee’s Judicial Annual Juvenile Court conference in Los Angeles, sive databases on direct democracy provisions Evaluation Committee for California Court of and to the Los Angeles District Attorney’s office, and ballot propositions, a project that will culmi- Appeal judges and on the Association of Legal the Los Angeles Child Advocate’s Office, and the nate in a two-day conference in Spring 2007. Writing Directors’ Survey Committee. Los Angeles Department of Children and Family Clare Pastore, Visiting Professor of Law and Dan Simon, Professor of Law, received a joint Services. He received funding from the California Senior Counsel at the ACLU Foundation of appointment with the USC Department of Endowment to create training CDs on both Southern California, has been named one of Psychology and is now Professor of Law and domestic violence exposure in children and Southern California’s “Super Lawyers.” The list of Psychology. interviewing children. Super Lawyers was published in Los Angeles Matthew L. Spitzer was named the Robert C. Andrei Marmor was named Maurice Jones Jr.- magazine and recognizes the top 5 percent of Packard Trustee Chair in Law. He concluded a Class of 1925 Professor of Law and Professor of attorneys through a process of peer nomination. six-year term as dean of USC Law in July. He was Philosophy. He is the founding editor and editor She spoke on a panel regarding developments in appointed to serve on the Board of Governors of in-chief of the Journal of Ethics & Social access to justice for civil litigants at the annual the Beverly Hills Bar Association and on the Law Philosophy, an online peer-reviewed journal in conference of the National Legal Aid and School Council Committee of Bar Examiners of moral, political and legal philosophy Defender Association in Orlando, Fla. She The State Bar of California. (www.jesp.org). Launched in April 2005, the described the efforts of California's Model

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Mark Weinstein, Associate Professor of Law professor appointed to Business and Law, presented his paper, “Don’t Leave Home Without It: Limited Los Angeles ethics commission Liability Comes to American Express,” at the 2006 China International Conference in Finance in Xi'an, China. He was on the pro- Robert Saltzman, asso- 2001 mayoral candidate James Hahn. The ciate dean at USC commission also has worked closely with gram committee for the conference and Gould School of Law, several members of the City Council to chaired a session. Professor Weinstein also was appointed to the promote amendments to the City Charter presented this paper at the Conference in Los Angeles City to provide for full public financing of all Law and Business at Vanderbilt Law School. Ethics Commission city campaigns. Charles Whitebread, George T. and Harriet by Mayor Antonio “I am enjoying the opportunity to E. Pfleger Chair in Law, gave his exam-taking Villaraigosa in fall 2005. participate in the city’s efforts to promote lecture at dozens of universities and colleges, Robert Saltzman As one of five commis- honesty and transparency in government,” including Boston College, Harvard, George sioners, Saltzman is charged with adminis- says Saltzman, “while at the same time Washington, Georgetown, American tering and enforcing the laws on governmen- trying to make sure that the ethics rules University, Loyola, Whittier, UCLA, University tal ethics, campaign finance and lobbyist are not so onerous that they discourage of San Diego, Rutgers and Duquesne, among activities. The commissioners also are individuals from seeking public office or others. He spoke on “Recent Decisions of the responsible for overseeing mandated keep elected officials from being able to United States Supreme Court, 2004-2005 programs, introducing new ethics reforms, accomplish their goals using legitimate — term” to the Criminal Advocacy Program of conducting investigations, auditing cam- even creative — means. My first-year stu- Wayne County in Detroit, Michigan; to paigns, summarizing disclosure reports, dents seem to be particularly interested Minnesota judges in the Twin Cities; at the providing advice about the law, and meet- when I am able to use examples from the Oklahoma Judicial Conference in Oklahoma ing with community groups. Ethics Commission in my Legal City; at the annual convention of the Since Saltzman joined the commission, Profession course.” American Judges Association in Anchorage; it has levied fines against numerous elect- Saltzman has a rich background in both to Arizona judges and prosecutors in Phoenix; ed officials and lobbyists, including a fine government and academics. He has been to the Washington State Bar Association; and in excess of $100,000 against a former City on the faculty at USC Law for 17 years, for the Minnesota Criminal Juvenile Councilman (as part of a global settlement specializing in legislation, the political Conference. Professor Whitebread addressed reached with the L.A. District Attorney process, and legal and professional ethics. the Seattle Rotary Club, the world’s largest and U.S. Attorney), and a fine of nearly As associate dean, he oversees the aca- Rotary Club, on the federal view of the con- $150,000 levied against a Los Angeles demic support program. firmation process. lawyer for assumed-name contributions to

Nomi Stolzenberg, Nathan and Lilly Shapell “Rule Without Others” at the Jewish Law panel Images from left to right: Chair in Law, spoke on “Gender, Sex, Culture at the AALS in Washington, D.C. The topic of Thomas Lyon, Andrei Marmor, John Matsusaka, and the Paradox of National Liberation,” a com- the panel was “Rule Over Others.” She partici- Clare Pastore, Chloe Reid, Jean Rosenbluth, Dan Simon, Matthew Spitzer, Nomi Stolzenberg, ment on Michael Walzer, at the conference on pated in a panel discussion on “Creating the Mark Weinstein, Charles Whitebread “The State of Israel: The Theological-Political Public School Curriculum: Intelligent Design, Predicament,” sponsored by the UCLA Center Intelligent Spaghetti, and the Power of Parody in for Jewish Studies. She presented a talk titled Public Deliberation,” one of the USC Coffeehouse Discussions in Philosophy and Law.

USC LAW FACULTY FOOTNOTES | FALL 2006 11 115674.cgla.r1 10/19/06 7:59 PM Page 13

>> workshops & conferences 2005-06

FACULTY WORKSHOPS Clifford Ando (USC Classics Department) Robert Ahdieh (Emory Law School) “The “Citizen and Alien in Roman Law” Strategy of Boilerplate”

James Robinson (Harvard University, Madhavi Sunder (University of California, Government Department) “The Origins and Davis) “IP3: The Convergence of Intellectual CENTER IN LAW, Persistence of Institutions in Columbia” Property, Identity Politics, and the Internet Protocol” ECONOMICS AND Arthur Lupia (University of Michigan) ORGANIZATION “Necessary Conditions for Improving Civic David Law (University of San Diego) “The Competence: A Scientific Perspective” Paradox of Omnipotence: Courts, Constitutions, and Commitments” Keith Hylton (Boston University Law School) Roberta Romano (Yale Law School) “The States “Information, Litigation, and Common Law as a Laboratory: Legal Innovation and State Thomas Lyon (USC Law) “False Acquittals in Evolution” Competition for Corporate Charters.” Child Sexual Abuse: The Case of Alex Avila” Jean-Laurent Rosenthal (UCLA) and Naomi Deborah Hensler (Stanford University) Lamoreaux (UCLA) “Organizing Middle-Sized “Asbestos Litigation” Firms in the United States and France, 1830- CENTER FOR 2000” Martin Stone (Cardozo Law School; visiting at LAW, HISTORY AND Harvard Law School) “Positivism as Opposed to Rebecca Eisenberg (University of Michigan) CULTURE What? Law and the Moral Concept of Right” “The Role of FDA in Innovation Policy”

Catherine Sharkey (Columbia Law School) Reinier Kraakman (Harvard University) “Law CONFERENCES “Crossing the Punitive-Compensatory Divide” and the Rise of the Firm” Distinguished Law and Humanities Lecture: Christopher Stone (USC Law) “Hunger and Christopher Leslie (Chicago Kent Law School) Patricia Williams (Columbia Law School) Despair in an Age of Affluence: Are the Rich “Antitrust Amnesty and Cartel Distrust” to Blame?” Symposium on Law, History and Culture of William Sage (Columbia Law School) Intellectual Property, co-sponsored by the Dan Rodriguez (University of San Diego; visit- “Medicare's Role in Medical Malpractice Reform” Annenberg School for Communication ing at USC Law) “The Paradox of Expansionist Statutory Interpretations” Tonja Jacobi (Northwestern Law School) “The Fourth Annual Law & Humanities Dissent Becomes the Majority: Using Federalism to Interdisciplinary Junior Scholars Workshop Richard Primus (University of Michigan Transform Coalitions in the U.S. Supreme Court” Law School; visiting at NYU) “The Riddle of WORKSHOPS Hiram Revels” Kathryn Elizabeth Spier (Kellogg School Georgia Warnke (UC Riverside) “Race, Sex of Management, Northwestern University) and Interpretation” Daria Roithmayr (University of Illinois; now at “Strategic Judgment Proofing” USC Law) “Them That Has Gets: Self-Reinforcing Karen Zivi (USC) “Making Rights Claims: Feedback Loops and Persistent Racial Inequality” Peter Boettke (George Mason University) An Introduction” from the book, Locked in Apartheid “The Political Economy of Forgiveness: The Necessity of Post-Atrocity Reconciliation” Sarah Barringer Gordon (University of Gregory Keating (USC Law) “Property Right Pennsylvania Law School and History and Tortious Wrong in Vincent v. Lake Erie” Thomas Hubbard (Kellogg School of Department) “The Almighty and the Dollar: Management, Northwestern University) Catholics, Protestants, and School Funding at Daniel Markovits (Yale Law School) “Managerial Leverage is Limited by the Extent of Mid-Century” “Law and Society” the Market: Hierarchies, Specialization, and the Utilization of Lawyers’ Human Capital” James Spindler (USC Law) “Why You Want Richard Primus (University of Michigan Law School; visiting at NYU) “The Riddle of Your CEO to Lie to You After the Supreme Suzanne Scotchmer (UC Berkeley, School of Hiram Revels” Court's Dura Pharmaceuticals Decision” Public Policy and Department of Economics) “Profit Neutrality in Licensing: The Boundary Dan Simon (USC Law) “Judging Blame: between Antitrust Law and Patent Law” Psychology, Law, and Wrongful Convictions”

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Daria Roithmayr (University of Illinois; now at CENTER FOR THE Donald Green (Yale, Department of Political USC Law) “History Matters: Racial Cartels and Science) “What Can Be Done To Increase Voter The Dynamics of Early Advantage,” and Book STUDY OF LAW Turnout?” (“Putting the Party Back into Politics: Proposal: Locked in Discrimination AND POLITICS Results of an Experiment Designed to Increase Voter Turnout through Music, Food, and Rebecca Lemon (USC) “Arms and Laws in Entertainment” and “The Impact of Radio Shakespeare’s Coriolanus” CONFERENCES Advertisements on Voter Turnout and Electoral Competitiveness”) Kenji Yoshino (Yale Law School) “Imagining Direct Democracy on the Brink: The California Utopias” and lecture and book signing, Covering Special Election Archon Fung (Harvard University, John F. Kennedy The Hidden Assault on Our Civil Rights School of Government) “Practical Reasoning Fiscal Challenges: An Interdisciplinary Approach About Institutions: Governance Innovations in the Anders Winroth (Yale University, History to Budget Policy Development of Democratic Theories” Department) “Origins of Legal Education in Medieval Europe” WORKSHOPS Kareem Crayton (USC Law) “When You Can’t Ann Crigler (USC, Political Science Beat Them...” Jennifer Mnookin (UCLA Law School) Deptartment), Juliet Musso and Christopher “Envisioning Evidence: Expertise and Visual Proof Weare (USC, School of Policy, Planning and Richard Arneson (University of California, San in the American Courtroom” Development) “Networks for Civic Diego, Department of Philosophy) Engagement?: Neighborhood Councils and Faith-Based Organizations in Los Angeles” Elizabeth Garrett (USC Law) and Mathew McCubbins (University of California San Diego, David Estlund (Brown University, Philosophy Political Science) “A Framework Law for Department) “Democracy, Deliberation, and the Initiatives” Real Speech Situation”

Capitol Hill conference tackles wireless broadband regulation

USC Law brought together key scholars, policy makers and director of the USC Center for Communication Law and Policy telecommunication industry lawmakers in Washington, D.C., last (CCLP). “Our aim was to explore how the different legal and reg- fall to examine the state of ulatory structures adopted by differing countries have affected the wireless broadband deploy- rollout and adoption of these technologies, and to suggest direc- ment in the United States. tions for reform.” Held at the Rayburn House Andrew Viterbi, co-founder of QUALCOMM, delivered the Office Building on Capitol keynote address, discussing the enormous global impact of wire- Hill, the conference examined less technology. Other presenters included senior industry execu- a key question facing the tives, academics and former FCC officials, including Thomas Former Dean Matthew L. Spitzer, industry: Are U.S.-government Hazlett of George Mason University, Gerald Faulhaber of the Andrew Viterbi, and Simon Wilkie policies impeding the rollout or University of Pennsylvania, Simon Wilkie of USC, and Robert adoption of cutting-edge wireless broadband technologies? Pepper of Cisco Systems. Although new technologies are being developed rapidly, the Spearheaded by CCLP, the conference “helped key lawmakers, United States often is perceived to be lagging behind other industry sources and the public at large understand the state of nations in making these technologies available to the consumer. broadband,” said Wilkie. “I look forward to continuing this type of “Advances in wireless technology promise new communication forum in which scholars, policy makers and leaders from the possibilities that will profoundly impact consumers, the work- telecommunications industry can gather to exchange ideas, bridge place, social interaction and public safety,” said Simon Wilkie, communication and gain perspective from their respective areas.”

USC LAW FACULTY FOOTNOTES | FALL 2006 13 115674.cgla 10/17/06 5:07 PM Page 15

>> faculty publications

Selected USC Law Faculty Publications, 2005-2006

Armour, Jody D. “Toward a Tort-Based Theory Garrett, Elizabeth Legislation and Statutory Hadfield, Gillian K. “Judging Science: An Essay of Civil Rights, Civil Liberties, and Racial Interpretation, 2nd ed. (with William N. Eskridge on the Unscientific Basis of Beliefs about the Justice” (Symposium: Access to Justice: Can and Philip P. Frickey) (Concepts and Insights Impact of Legal Rules on Science and the Need Business Co-Exist with the Civil Justice Series) (Foundation Press, 2006). for Better Data about Law.” 14 Journal of Law System?). 38 Loyola of Los Angeles Law Review and Policy 137 (2006). Garrett, Elizabeth “Hybrid Democracy” (Law 1469 (2005). and Democracy: A Symposium on the Law Hadfield, Gillian K. “On Public versus Private Bennett, Judith M. History Matters: Patriarchy Governing Our Democratic Process). 73 George Provision of Corporate Law” (with Eric L. Talley). and the Challenge of Feminism (University of Washington Law Review 1096 (2005). Journal of Law, Economics, and Organization Pennsylvania Press, 2006). Advance Access (doi:10.1093/jleo/ewj021, February Garrett, Elizabeth “Commentary: Crypto- 15, 2006) (available at http://jleo.oxfordjournals.- Capron, Alexander M. “Addressing an Ethical Initiatives in Hybrid Democracy” (Symposium org/cgi/reprint/ewj021v2). Dilemma Dialogically Rather Than (Merely) on the Impact of Direct Democracy). 78 Southern Logically.” 6 American Journal of Bioethics California Law Review 985 (2005). Hadfield, Gillian K. “Exploring Economic and 36 (2006). Democratic Theories of Civil Litigation: Garrett, Elizabeth “The Purposes of Framework Differences between Individual and Capron, Alexander M. “The Dog in the Night- Legislation” (Symposium: New Perspectives on Organizational Litigants in the Disposition of Time: Or, The Curious Relationship of the Statutory Interpretation). 14 Journal of Federal Civil Cases” (Symposium: The Civil Belmont Report and the President’s Commission.” Contemporary Legal Issues 717 (2005). Trial: Adaptation and Alternatives). 57 Stanford In Belmont Revisited: Ethical Principles for Research Garrett, Elizabeth “Veiled Political Actors and Law Review 1275 (2005). with Human Subjects (James F. Childress and oth- Campaign Disclosure Laws in Direct ers, eds.) (Georgetown University Press, 2005). Keating, Gregory C. “Abusing ‘Duty’” (with Democracy” (with Daniel A. Smith) Dilan A. Esper). 79 Southern California Law Cruz, David B. “Spinning Lawrence, or Lawrence (Symposium: Campaign Disclosure Project, Part Review 265 (2006). v. Texas and the Promotion of Heterosexuality” I). 4 Election Law Journal 295 (2005). (Readings of Lawrence v. Texas). 11 Widener Law Keating, Gregory C. “Property Rights and Garrett, Elizabeth “Who Chooses the Rules?” Review 249 (2005). Tortious Wrong in Vincent v. Lake Erie” (Forum on Dennis Thompson’s Just Elections). (Symposium: Vincent v. Lake Erie Transportation Dudziak, Mary L. “Politics of the ‘Least 4 Election Law Journal 139 (2005). Co. and the Doctrine of Necessity, Article 6). Dangerous Branch’: The Court, the Gillman, Howard A. “Party Politics and Issues in Legal Scholarship (2005) (available at Constitution, and Constitutional Politics since Constitutional Change: The Political Origins of http://www.bepress.com/ils/iss7/art6). 1945.” In A Companion to Post-1945 America Liberal Judicial Activism.” In The Supreme Court (Jean-Christophe Agnew and Roy Rosenzweig, Keating, Gregory C. “Pricelessness and Life: An and American Political Development (Ronald Kahn eds.) (Blackwell, 2006). Essay for Guido Calabresi” (Symposium: and Kenneth Ira Kersch, eds.) (University Press Calabresi’s The Costs of Accidents: A Generation of Dudziak, Mary L. “The 1963 March on of Kansas, 2006). Impact on Law and Scholarship). 64 Maryland Law Washington, At Home and Abroad.” Revue Gillman, Howard A. “De-Lochnerizing Review 159 (2005). Francaise d’Etudes Americaines (special issue on Lochner” (Lochner Centennial Conference). 85 Foreign Policy and Civil Society) (March 2006). Klerman, Daniel M. “Trademark Dilution, Boston University Law Review 859 (2005). Search Costs, and Naked Licensing” Dudziak, Mary L. “Historicizing the War on Gillman, Howard A. “Disaster Relief, ‘Do (Symposium: The Jurisprudence of Justice Terror.” 6 Insights on Law and Society (March Anything’ Spending Powers, and the New Deal” Stevens). 74 Fordham Law Review 1759 (2006). 2006). (Forum: “Overtaken by a Great Calamity”: Klerman, Daniel M. “Jurisdictional Competition Dudziak, Mary L. Legal Borderlands: Law and the Disaster Relief and the Origins of the American and the Evolution of the Common Law: A Construction of American Borders (edited with Leti Welfare State). 23 Law and History Review 443 Hypothesis.” In Boundaries of the Law: Geography, Volpp) (Johns Hopkins University Press, 2005). (2005). Gender, and Jurisdiction in Medieval and Early Dudziak, Mary L. “Interchange: History in Griffith, Thomas D. Federal Income Tax: Examples Modern Europe (Anthony Musson, ed.) Professional Schools.” 92 Journal of American and Explanations, 4th ed. (with Joseph Bankman (Ashgate, 2005). History 553 (2005). and Katherine Pratt) (Aspen Publishers, 2005).

Estrich, Susan R. The Case for Hillary Clinton Griffith, Thomas D. “Juvenile Offenders Have (ReganBooks, 2005). Been Unfairly Demonized” (with Linda S. Beres). In Should Juveniles Be Tried as Adults? (Judy Layzell, ed.) (Greenhaven Press, 2005).

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Klerman, Daniel M. “The Value of Judicial McCaffery, Edward J. “Thinking about Tax” Spindler, James C. “Corporate Heroin: A Defense Independence: Evidence from Eighteenth- (with Jonathan Baron). 12 Psychology, Public Policy, of Perks, Executive Loans, and Conspicuous Century England” (with Paul Mahoney). In and Law 106 (2006). Consumption” (with M. Todd Henderson). 93 Adventures of the Law: Proceedings of the Sixteenth Georgetown Law Journal 1835 (2005). McCaffery, Edward J. “The Political Psychology British Legal History Conference, Dublin, 2003 (Paul of Redistribution” (Symposium: Rethinking Spindler, James C. “Communication by Other Brand, Kevin Costello, and W.N. Osborough, eds.) Redistribution: Tax Policy in an Era of Rising Means.” 28 Regulation 48 (Summer 2005). (Four Courts Press, 2005). [Originally published Inequality) (with Jonathan Baron). 52 UCLA Law in 7 American Law & Economics Review 1 (2005)]. Spitzer, Matthew L. “Advanced Wireless Review 1745 (2005). Technologies and Public Policy” (with Thomas Kuran, Timur “The Logic of Financial McCaffery, Edward J. “Three Views of Tax.” 18 W. Hazlett). 79 Southern California Law Review Westernization in the Middle East.” 56 Journal of Canadian Journal of Law & Jurisprudence 153 595 (2006). Economic Behavior & Organization 593 (2005). (2005). Stolzenberg, Nomi M. God, Locke, and Equality, by Lefcoe, George “The Regulation of Superstores: McCaffery, Edward J. “Introduction” (Special Jeremy Waldron (review article, with Gideon The Legality of Zoning Ordinances Emerging Issue on Taxation). 18 Canadian Journal of Law & Yaffe). 49 Inquiry-An Interdisciplinary Journal of from the Skirmishes between Wal-Mart and the Jurisprudence 3 (2005). Philosophy 186 (2006). United Food and Commercial Workers Union.” 58 Arkansas Law Review 834 (2006). Saks, Elyn R. “Meta-Consent in Research on Stolzenberg, Nomi M. “Liberals and Libertines: Decisional Capacity: A ‘Catch 22’?” (with L. B. The Marriage Question in the Liberal Political Lyon, Thomas D. “The Problem of Child Sexual Dunn and B. W. Palmer). 32 Schizophrenia Bulletin Imagination” (Editors’ Symposium: The Meaning Abuse: Response” (with others). 309 Science 1183 42 (2006). of Marriage). 42 San Diego Law Review 949 (2005). (2005). Sandler, Todd The Political Economy of Terrorism Urban, Jennifer “Legal Uncertainty in Free and Lyon, Thomas D. “Development of Temporal- (with Walter Enders) (Cambridge University Open Source Software and the Political Reconstructive Abilities” (with William J. Press, 2006). Response” (Social Science Research Council Friedman). 76 Child Development 1202 (2005). Forum: The Politics of Open Source Adoption: A Sandler, Todd “Distribution of Transnational Lyon, Thomas D. “The Science of Child Sexual Collaborative Report Wiki) (available at Terrorism among Countries by Income Classes Abuse: Reply” (with others). 309 Science 1183 http://www.ssrc.org/wiki/POSA/index.php?title=L and Geography after 9/11” (with Walter Enders). (2005). egal_Uncertainty_in_Free_and_Open_Source_Sof 50 International Studies Quarterly 367 (2006). tware_and_the_Political_Response). Marmor, Andrei “Should We Value Legislative Schor, Hilary M. “Reading Knowledge: Curiosity Integrity?” In The Least Examined Branch: The Role Weinstein, Mark I. “Limited Liability in in The Golden Bowl.” 26 Henry James Review 237 of Legislatures in the Constitutional State (Richard W. California 1928-31: It’s the Lawyers.” 7 American (2005). Bauman and Tsvi Kahana) (Cambridge University Law and Economics Review 439 (2005). Press, 2006). Shapiro, Michael H. “The Identity of Identity: Whitebread, Charles H. “Making the Bar Review Moral and Legal Aspects of Technological Self- Marmor, Andrei “The Immorality of Textualism” Fun.” 9 The Green Bag 263 (2006). Transformation” (with John Finnis and Frances (Symposium: Theories of Statutory M. Kamm). In Personal Identity (Ellen Frankel Whitebread, Charles H. “Going Out with a Interpretation). 38 Loyola of Los Angeles Law Paul and others, eds.) (Cambridge University Whimper: A Term of Tinkering and Fine Tuning: Review 2063 (2005). Press, 2006). [Originally published in 22 Journal of The Supreme Court’s 2004-2005 Term.” 27 Marmor, Andrei “Authority, Equality and Social Philosophy and Policy 308 (2005).] Whittier Law Review 77 (2005). Democracy.” 18 Ratio Juris 315 (2005). Shapiro, Michael H. “Individual Rights, Just Wilkie, Simon “Endogenous Games and Matsusaka, John G. “The Eclipse of Legislatures: Access to Health Care, and Public Health Mechanisms: Side Payments among Players” Direct Democracy in the 21st Century.” 124 Measures in ‘Normal’ Times and in Times of (with Matthew O. Jackson). 72 Review of Economic Public Choice 157 (2005). Crisis: Change in Basic Principles, or Changes in Studies 544 (2005). Their Application, or Both?” In Bioterrorism and Matsusaka, John G. “Direct Democracy Works.” Wilkie, Simon “Sequencing Lifeline Repairs after Human Rights (Roy Branson, ed.) (Center for Law 19 Journal of Economic Perspectives 185 (2005). an Earthquake: An Economic Approach” (with and Public Policy, Center for Christian Ethics, Marco Casari). 27 Journal of Regulatory Economics McCaffery, Edward J. Behavioral Public Finance Loma Linda University, 2005). 47 (2005). (with Joel Slemrod) (Russell Sage, 2006). Yaffe, Gideon D. “‘The Government Beguiled McCaffery, Edward J. “Shakedown at Gucci Me’: The Entrapment Defense and the Problem Gulch: The New Logic of Collective Action” of Private Entrapment.” 1 Journal of Ethics & (with Linda R. Cohen). 84 North Carolina Law Social Philosophy 2 (2005). Review 1159 (2006).

USC LAW FACULTY FOOTNOTES | FALL 2006 15 115674.cgla.r1 10/19/06 7:51 PM Page 1

FACULTY FOOTNOTES Nonprofit Organization U.S. Postage Paid University of Southern California University of Southern California Los Angeles, California 90089-0071

GOULD SCHOOL OF LAW

New law and philosophy class attracts top scholars, explores heady issues

his fall, USC Law and philosophy students are asking tough questions and T providing substantive comments to a string of scholars from around the country who are presenting papers-in-progress as part of Professor Andrei Marmor’s Law and Philosophy Workshop Seminar. Co-taught with Gideon Yaffe, USC Professor of Law and Philosophy, the course is hosting such law and philosophy luminaries as Harry Frankfurt (Princeton); Jeremy Waldron (NYU); Thomas Christiano (Arizona); Larry Temkin (Rutgers); Peter Railton (Michigan); Frances Kamm (Harvard) and Thomas Scanlon (Harvard). The visitors provide their papers in advance; students read them and meet with professors Marmor and Yaffe to discuss questions and comments, which are compiled and presented to the visitor in advance of the workshop. Each workshop is launched with a discussion of the students’ questions (although other faculty and guests participate in the discussion as well). It’s a fresh take on USC Law’s successful workshop series. The goal of the course, says Marmor, is to engage students in thoughtful and fruitful discussions with the field’s most notable scholars. This fall, the discussions center on the broad subject of equality in the moral and political realm, tackling such topics as Jeremy Waldron (left) of NYU with USC Law why people should (or shouldn’t) be treated as equals, what kinds of equality Professor Andrei Marmor. are valuable, and what are the moral and political implications of various views about equality.