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Dartmouth College Case Symposium Presenters March 1-2, 2019 Akhil Reed Amar Thomas Barnico
Dartmouth College Case Symposium Presenters March 1-2, 2019 Akhil Reed Amar Sterling Professor of Law Yale Law School Professor Akhil Reed Amar teaches constitutional law in both Yale College and Yale Law School. After graduating from Yale College, summa cum laude, in 1980 and from Yale Law School in 1984, and clerking for then Judge (now Justice) Stephen Breyer, Amar joined the Yale faculty in 1985 at the age of 26. His work has won awards from both the American Bar Association and the Federalist Society, and he has been cited by Supreme Court justices across the spectrum in more than three dozen cases—tops in his generation. He regularly testifies before Congress at the invitation of both parties; and in surveys of judicial citations and/or scholarly citations, he invariably ranks among America’s five most-cited mid-career legal scholars. He is a member of the American Academy of Arts and Sciences and a recipient of the American Bar Foundation’s Outstanding Scholar Award. In 2008 he received the DeVane Medal—Yale’s highest award for teaching excellence. He has written widely for popular publications, including The New York Times, The Washington Post, The Wall Street Journal, Time, and The Atlantic. He was an informal consultant to the popular TV show, The West Wing, and his constitutional scholarship has been showcased on a wide range of broadcasts, including The Colbert Report, Up with Chris Hayes, Tucker Carlson Tonight, Morning Joe, AC360, Your World with Neil Cavuto, 11th Hour with Brian Williams, Fox News @Night with Shannon Bream, Fareed Zakaria GPS, Erin Burnett Outfront, and Constitution USA with Peter Sagal. -
Faculty Activities
faculty activities Bruce Ackerman • “Development lawyering, Between Equality and publications Subordination: The Politics of legal Knowledge in • Goodbye Montesquieu, in S. Rose-Ackerman & Global North-South Academic Exchange,” Yale law P. Lindseth eds., Comparative Administrative Law 128 School, Mar. 24, 2012 (2011) publications • Nixon In Iran?, Huffington Post, Mar. 19, 2012 • Developing Citizenship, 9 Issues in Legal Scholarship • The Legal Case Against Attacking Iran, L.A. Times, 1 (oct. 2011) (online) Mar. 5, 2012 Bruce Ackerman • Reconstructing Citizenship for the Twenty First Century, Ian Ayres an Interview with Bruce Ackerman, La Vie des Idees, lectures and addresses Mar. 5, 2012 • “The Rise of Data Driven Decision Making,” IBM Tokyo, • How Congress Can Overrule Citizens United Nov. 8 (with I. Ayres), Huffington Post, Feb. 9, 2012 • “how to Regulate opt out: An Economic Theory of • Recess Appointments: Release the Legal Advice, Altering Rules” (NYU, Yale, University of Connecticut Wall St. J., Jan. 11, 2012 law Schools) • Washington Standoff, L.A. Times, Jan. 6, 2012 • Information Escrows, Berkeley and Yale • A Christmas Present for the Pentagon, Slate, Dec. 28 • 9 Randomized Tests to Improve Tax Compliance, hMRC Muneer I. Ahmad 2011 Debt Management, london • A United States of Europe?, L.A. Times, Dec. 14, 2011 publications • The Law School Experience [letter], N.Y. Times, Dec. 5, • Anti-Incentives: The Power of Resisted Temptation, Eur. 2011 Fin. Rev. 40 (Feb.-Mar. 2012) • Supreme Court’s Obamacare Ruling Will Politicize • Randomizing Law, 159 U. Pa. L. Rev. 929 (2011) (with Judicial Process, Daily Beast, Nov. 15, 2011 M. Abramowicz & Y. listokin) • Don’t Tax the Rich. -
Speaker Biographies
Confrontation, Collaboration, and Cooperation: (En)Countering Disagreement in Pursuit of Public Interest The Fourteenth Annual Liman Colloquium March 3-4, 2011 Yale Law School Sponsored by Yale Law School and the Liman Public Interest Program SPEAKERS Nan Aron President, Alliance for Justice and AFJ Action Campaign Nan Aron is the President of the Alliance for Justice (AFJ), a national association of public interest and consumer rights organizations, and its partner advocacy organization, the Alliance for Justice Action Campaign (AFJAC). Aron founded AFJ in 1979 and continues to guide the organization in its mission to advance the cause of justice for all Americans, strengthen the public interest community's influence on national policy, and foster the next generation of advocates. In 1985, she founded AFJ's Judicial Selection Project, a leading voice in the efforts to achieve a fair and independent judiciary and a regular participant in the often-controversial judicial nominations process. For the last decade, AFJ has produced films to help educate the public about social justice issues and expose students to careers in public interest advocacy; in 2010, “Crude Justice” examined the effects of the Deep Horizon oil spill. Aron is a frequent speaker at universities, law schools, corporations, nonprofits, and foundations, and her writing has appeared in publications such as The New York Times, The Wall Street Journal, The Washington Post, USA Today, and Vanity Fair. Samuel Bagenstos Deputy Assistant Attorney General, U.S. Department of Justice, Civil Rights Division Samuel Bagenstos is Deputy Assistant Attorney General for the U.S. Department of Justice, Civil Rights Division. -
Sotomayor August 11 Mgdc NEED NEW GRAPHS
“Not that Smart”: Sonia Sotomayor and the Construction of Merit Guy-Uriel Charles, Daniel L. Chen & Mitu Gulati Duke University School of Law Abstract The appointment of Sonia Sotomayor to the Supreme Court in 2009 was criticized as sacrificing merit on the altar of identity politics. According to critics, Sotomayor was simply “not that smart”. For some conservative critics, her selection illustrated the costs of affirmative action policies, in that this particular choice was going to produce a lower quality Supreme Court. For liberal critics, many were concerned that the President, by selecting Sotomayor, was squandering an opportunity to appoint an intellectual counterweight to conservative justices like Antonin Scalia, Samuel Alito and John Roberts. Using a set of basic measures of judicial merit, such as publication and citation rates for the years 2004-06, when Sotomayor was on the Second Circuit Court of Appeals, we compare her performance to that of her colleagues on the federal appeals courts. Sotomayor matches up well. She might turn out to be more of a force on the Court than the naysayers predicted. “NOT THAT SMART”: SONIA SOTOMAYOR AND THE CONSTRUCTION OF MERIT Guy-Uriel Charles Daniel L. Chen Mitu Gulati1 I. “NOT NEARLY AS SMART AS SHE SEEMS TO THINK SHE IS” When President Barack Obama was considering whether to nominate to the Supreme Court Sonia Sotomayor, then a judge on the United States Court of Appeals for the Second Circuit, a prominent law professor, Laurence Tribe, wrote a letter to the President opposing Sotomayor’s potential nomination on the ground that “she’s not nearly as smart as she seems to think she is.”2 While Tribe’s assessment was intended as a private communication, others were saying something similar in public. -
Presidential Power to Terminate International Agreements Harold Hongju Koh Abstract
THE YALE LAW JOURNAL FORUM N OVEMBER 12, 2018 Presidential Power to Terminate International Agreements Harold Hongju Koh abstract. Could President Trump unilaterally remove the United States tomorrow from all of the thousands of international agreements to which the United States is currently a party? Com- mon sense would suggest no, but the conventional wisdom among legal academics has leaned the other way. This Essay argues that the conventional wisdom is wrong: the Constitution affords the President no general unilateral power to terminate or withdraw from any international agreement, without regard to its subject matter. Neither historical practice nor Supreme Court precedent dic- tates that conclusion, nor does the Court’s misunderstood nonjusticiability holding forty years ago in Goldwater v. Carter. Constitutional, functional, and comparative-law considerations all cut the other way. Instead of a blanket unilateral power of presidential termination, this Essay suggests that the Constitution requires a “mirror principle,” whereby the degree of legislative approval needed to exit an international agreement must parallel the degree of legislative approval originally required to enter it. Such a mirror principle makes the degree of legislative approval required to enter or exit any particular agreement “substance dependent,” turning on which branch of gov- ernment has substantive constitutional prerogatives to make law in any particular area of foreign policy. The Essay concludes by suggesting better foreign policy mechanisms, more reflective of modern realities, to guide America’s process of agreement unmaking in the future. introduction Could Donald Trump unilaterally withdraw the United States from the United Nations, the International Monetary Fund, the World Bank, and other major longstanding treaties and international organizations? These scenarios are neither unforeseeable nor hypothetical. -
EDWARD L. BARRETT, JR. LECTURE on CONSTITUTIONAL LAW Paying “Decent Respect” to World Opinion on the Death Penalty
KOHMACRO 5/9/2002 2:10 PM University of U.C. DAVIS LAW REVIEW California Davis VOLUME 35 JUNE 2002 NUMBER 5 EDWARD L. BARRETT, JR. LECTURE ON CONSTITUTIONAL LAW Paying “Decent Respect” to World Opinion on the Death Penalty Harold Hongju Koh* TABLE OF CONTENTS I. INTERNATIONAL LAW AS PART OF OUR LAW.................................. 1087 * Harold Hongju Koh, Gerard C. and Bernice Latrobe Smith Professor of International Law, Yale University; U.S. Assistant Secretary of State for Democracy, Human Rights, and Labor, 1998-2001. This essay grows out of the 2001 Edward L. Barrett, Jr. Lecture on Constitutional Law, delivered at the University of California, Davis School of Law on November 7, 2001. It arises, in part, from my work as counsel for amici curiae Diplomats Morton Abramowitz, et al., before the U.S. Supreme Court in McCarver v. North Carolina, No. 00-8727 (U.S. cert. dismissed Sept. 25, 2001) and Atkins v. Virginia, No. 00-8452 (U.S. argued Feb. 20, 2002) . It also draws upon presentations given to the Yale Law School Schell Center Human Rights Workshop and the Connecticut Bar Foundation Symposium on the death penalty, and from shorter articles published in the New York Times and on the Project Syndicate website, www.project-syndicate.org. I am deeply grateful to Dean Rex Perschbacher, Associate Dean Kevin Johnson, and many other friends for their gracious hospitality during my visit to King Hall: Judge David F. Levi, Justice Cruz Reynoso, Professors Bill Ong Hing, Anupam Chander, Madhavi Sunder and Tobias Wolff. Akhil Amar, Sandra Babcock, Robert Burt, Ray Bonner, Paige Chabora, Deena Hurwitz, Paul Kahn, Jenny Martinez, Jim Silk, Kate Stith and Strobe Talbott provided welcome insights, and J. -
KATE STITH Yale Law School, P.O
October 25, 2020 KATE STITH Yale Law School, P.O. 208215, New Haven, CT 06520-8215 Courier: 127 Wall Street, New Haven, CT 06511 (203) 432-4835 [email protected] EMPLOYMENT 1998–present: Lafayette S. Foster Professor of Law, Yale Law School Acting Dean: Spring 2009 Deputy Dean: 2003–04, 1999–2001 1991–1997: Professor of Law, Yale Law School 1985–1990: Associate Professor of Law, Yale Law School 1981–1984: Assistant United States Attorney, Southern District of New York (prosecuting white collar crime and organized crime) 1980–1981: Special Assistant to the Assistant Attorney General for the Criminal Division, Department of Justice, Washington, DC 1979–1980: Staff Economist, Council of Economic Advisers, Executive Office of the President, Washington, DC 1978–1979: Law Clerk to Justice Byron R. White, Washington, DC 1977–1978: Law Clerk to Judge Carl McGowan, United States Court of Appeals, Washington, DC LEGAL EDUCATION Harvard Law School, J.D., 1977 Articles Editor, HARVARD LAW REVIEW Harvard Prison Legal Assistance Project GRADUATE EDUCATION Harvard Kennedy School, Master in Public Policy, 1977 (joint four-year program with Harvard Law School) Master’s Thesis: THE POLITICS AND POLICY OF TAX REFORM UNDERGRADUATE EDUCATION Dartmouth College, B.A., 1973 Highest Distinction in Economics Phi Beta Kappa Rank in Class: First 1 October 25, 2020 COURSES and SEMINARS Constitutional Law; Cuba and the United States; Criminal Law; Criminal Procedure: Investigations; Criminal Procedure: Adjudication; Comparative Criminal Sentencing; Criminal Sentencing; Federal Criminal Prosecution; Federal Criminal Law; Special Counsels: From Watergate to the Present; Free Exercise Clinic: Fieldwork and Seminar; Opioid Crisis; Prosecution Externship; Separation of Powers; Theories of the Fourth Amendment; University Governance; advanced seminars in criminal law and constitutional separation of powers PUBLICATIONS DEFINING FEDERAL CRIMES (Aspen Press) (1st ed. -
Courts Under Pressure: Protecting Rule of Law in the Age of Trump
COURTS UNDER PRESSURE: PROTECTING RULE OF LAW IN THE AGE OF TRUMP NOVEMBER 10, 2017 ABOUT THE BRENNAN CENTER FOR JUSTICE The Brennan Center for Justice at NYU School of Law is a nonpartisan law and policy institute that seeks to improve our systems of democracy and justice. We work to hold our political institutions and laws accountable to the twin American ideals of democracy and equal justice for all. Among our core priorities, we fight to protect voting rights, end mass incarceration, strengthen checks and balances, maintain the independence and impartiality of the judiciary, and preserve Constitutional protection in the fight against terrorism. Part think tank, part public interest law center, part cutting-edge communications hub, we start with rigorous research. We craft innovative policies. And we fight for them — in Congress and the states, the courts, and in the court of public opinion. Since its founding two decades ago, the Brennan Center for Justice has emerged as a national leader in the movement for democracy reform. The Fair Courts project at the Brennan Center pursues research, policy advocacy, and litigation to promote and preserve norms of judicial independence and equal justice for all, safeguard courts against political pressure and special interest influence, and promote a diverse bench. ABOUT THIS CONVENING With our democracy under strain, the courts are on the front lines, constraining the executive and other government actors in cases that regularly put our judicial system in the public eye. Courts have also been put on defense. The President has suggested the courts should be blamed for terrorist attacks, targeted judges for their decisions, and pardoned a government official who refused to follow court orders. -
Kate Stith Employment Legal
KATE STITH Yale Law School, P.O. 208215, New Haven, CT 06520-8215 courier: 127 Wall Street, New Haven, CT 06511 (203) 432-4835 [email protected] EMPLOYMENT 1998 –: Lafayette S. Foster Professor, Yale Law School Spring 2009: Acting Dean, Yale Law School 2003-04 and 1999-2001: Deputy Dean, Yale Law School 1991-1997: Professor of Law, Yale Law School 1985- 1990: Associate Professor of Law, Yale Law School 1981-1984: Assistant United States Attorney, Southern District of New York (prosecuting white collar crime and organized crime) 1980-1981: Special Assistant to the Assistant Attorney General for the Criminal Division, Department of Justice, Washington, DC 1979-1980: Staff Economist, Council of Economic Advisers, Executive Office of the President, Washington, DC 1978-1979: Law Clerk to Justice Byron R. White, Washington, DC 1977-1978: Law Clerk to Judge Carl McGowan, United States Court of Appeals, Washington, DC LEGAL EDUCATION Harvard Law School, J.D., 1977. Articles Editor, HARVARD LAW REVIEW. Harvard Prison Legal Assistance Project GRADUATE EDUCATION John F. Kennedy School of Government, Harvard University (joint four-year program with law school), Master in Public Policy, 1977. Master's thesis: The Politics and Policy of Tax Reform 1 UNDERGRADUATE EDUCATION Dartmouth College, B.A., 1973. Highest Distinction in Economics. Phi Beta Kappa. Rank in Class: First COURSES and SEMINARS Constitutional Law; Criminal Law; Criminal Procedure: Investigations; Criminal Procedure: Adjudication; Criminal Sentencing; Comparative Criminal Sentencing; Complex Federal Criminal Prosecution; Federal Criminal Law; Federal Separation of Powers; Prosecution Externship; Theories of the Fourth Amendment; University Governance; White Collar Criminal Defense PUBLICATIONS DEFINING FEDERAL CRIMES (forthcoming 2014), with D. -
2016-2017 Annual Report the American Law Institute Annual Report 2016–2017 | 1
2016-2017 ANNUAL REPORT THE AMERICAN LAW INSTITUTE ANNUAL REPORT 2016–2017 | 1 INTRODUCTION TO THE AMERICAN LAW INSTITUTE .................................................3 PRESIDENT’S MESSAGE ......................................................................................................... 4 DIRECTOR’S MESSAGE ............................................................................................................5 THE AMERICAN LAW INSTITUTE .........................................................................................6 LEADERSHIP CHANGES .........................................................................................................8 ROBERTA COOPER RAMO ...................................................................................................10 THE HENRY J. FRIENDLY MEDAL........................................................................................ 11 PROJECTS COMPLETED ....................................................................................................... 12 CURRENT PROJECTS ............................................................................................................. 14 SHARING OUR WORK: CURRENT PROJECTS ON THE ALI ADVISER ....................19 PUBLICATIONS ........................................................................................................................20 EARLY CAREER SCHOLARS MEDAL ................................................................................ 22 ALI CLE ...................................................................................................................................... -
Paul H. Rubin John D. Bessler Kate Stith-Cabranes Robert
PAUL H. RUBIN The Death Penalty and Deterrence JOHN D. BESSLER America’s Death Penalty: Just Another Form of Violence KATE STITH-CABRANES By the Book? The New Regime of Sentencing in the Federal Courts ROBERT BATEY Mandatory Minimum Sentencing: A Failed Policy MARC MAUER The Social Cost of America’s Race to Incarcerate The Honor Society of Phi Kappa Phi was founded Board of Directors in 1897 and became a national organization through the efforts of the presidents of three state Wendell H. McKenzie, PhD National President universities. Its primary objective has been from Dept. of Genetics the first the recognition and encouragement of Box 7614 NCSU superior scholarship in all fields of study. Good Raleigh, NC 27695 character is an essential supporting attribute for those elected to membership. The motto of the Paul J. Ferlazzo, PhD National President-Elect Society is philosophia krateit¯oph¯ot¯on, which is Northern Arizona University freely translated as “Let the love of learning rule Dept. of English, Bx 6032 Phi Kappa Phi Forum Staff humanity.” Flagstaff, AZ 86011 Editor: Donna Clark Schubert National Vice President JAMES P. KAETZ Troy State University 101 C Wallace Hall Associate Editor: Phi Kappa Phi encourages and recognizes aca- Troy, AL 36082 demic excellence through several national pro- STEPHANIE J. BOND grams. Its flagship National Fellowship Neil R. Luebke, PhD Graphic Designer: Program, founded in 1970, now awards more Past President 616 W. Harned Ave. LAURA J. KLOBERG than $460,000 each year to student members for the first year of graduate study. In addition, Stillwater, OK 74075-1303 Copy Editor: the Society funds Study Abroad Support Grants James L. -
KATE STITH Yale Law School, P.O
KATE STITH Yale Law School, P.O. 208215, New Haven, CT 06520-8215 courier: 127 Wall Street, New Haven, CT 06511 (203) 432-4835 [email protected] EMPLOYMENT 1998 – present: Lafayette S. Foster Professor of Law, Yale Law School Spring 2009: Acting Dean, Yale Law School 2003 – 04, 1999 – 2001: Deputy Dean, Yale Law School 1991 – 1997: Professor of Law, Yale Law School 1985 – 1990: Associate Professor of Law, Yale Law School 1981 – 1984: Assistant United States Attorney, Southern District of New York (prosecuting white collar crime and organized crime) 1980 – 1981: Special Assistant to the Assistant Attorney General for the Criminal Division, Department of Justice, Washington, DC 1979 – 1980: Staff Economist, Council of Economic Advisers, Executive Office of the President, Washington, DC 1978 – 1979: Law Clerk to Justice Byron R. White, Washington, DC 1977 – 1978: Law Clerk to Judge Carl McGowan, United States Court of Appeals, Washington, DC LEGAL EDUCATION Harvard Law School, J.D., 1977. Articles Editor, HARVARD LAW REVIEW. Harvard Prison Legal Assistance Project GRADUATE EDUCATION John F. Kennedy School of Government, Harvard University (joint four-year program with law school), Master in Public Policy, 1977. Master’s thesis: THE POLITICS AND POLICY OF TAX REFORM UNDERGRADUATE EDUCATION Dartmouth College, B.A., 1973. Highest Distinction in Economics. Phi Beta Kappa. Rank in Class: First 1 COURSES and SEMINARS Constitutional Law; Criminal Law; Criminal Procedure: Investigations; Criminal Procedure: Adjudication; Criminal Sentencing; Comparative Criminal Sentencing; Federal Criminal Prosecution; Federal Criminal Law; Federal Separation of Powers; Prosecution Externship; Theories of the Fourth Amendment; University Governance PUBLICATIONS st DEFINING FEDERAL CRIMES (Aspen Press) (1 ed.