14 |15 YLR Winter 2004

“THANK YOU, BURKE.” Faculty Activities

Nicholas deB. Katzenbach

left to right Bruce Ackerman BURKE TALKED ABOUT his own com- Anne L. Alstott mitment to teaching. He said, for people Ian Ayres who are serious about justice,“concepts Jack M. Balkin of equal justice before law and due Robert A. Burt Guido Calabresi process of law…have to be learned. If they don’t want to learn, if they don’t have time to care, if they’ve never heard of it, [we] can’t change that….You have to Cal. L.Rev go into this business, it seems to me, Bruce Ackerman The Paradigm Revisited, 91 .743 Jack M. Balkin knowing that. Otherwise, you’re para- Publications (2003) (with Bruce Ackerman); Shooting Lectures and Addresses Cal. L. lyzed by your own inability to reform the The New Paradigm Reconsidered,91 Down the More Guns, Less Crime Hypothe- Faculty of Law, University of Sydney, Rev. Stan. L. Rev. world overnight—to reform it at all. And 743 (2003) (with Ian Ayres); Why a New sis, 55 1193 (2003) (with John Sydney, Australia,“Recent Developments in U. Rich. L. Rev. if you don’t want to be paralyzed, if you Paradigm?,37 1147 (2003) J.Donohue III); The Latest Misfires in Sup- American Constitutional Law”; Julius Stone Am. want to work in this field, you’ve got to (with Ian Ayres); Never Again, port of the More Guns, Less Crime Hypothe- Lecture, University of Sydney,“How Rights TO TEACH BY Prospect,May 2003, at 24; Raw Deal, Am. sis, 55 Stan. L. Rev.1371 (2003) (with John J. Change: Freedom of Speech in the Digital do the best you can… BURKE LIKED the Law School. It was his MY SONS TELL ME that Burke made SHOWING Prospect (web exclusive), May 14, 2003; Donohue III); Correlated Values in the Age”; Faculty of Law, Monash University, that something will work and home. He liked teaching. He was an the greatest speech their classmates at Fear Itself, Am. Prospect (web exclusive), Theory of Property and Liability Rules, 32 J. Melbourne, Australia,“Is the Constitution a then count on other people or other excellent teacher. WITH SEVERAL Exeter had ever heard.The occasion was June 3, 2003; Patriot Dollars Put Money Legal Stud. 121 (2003); Marketing Privacy: A Dysfunctional Cage?: A Discussion”and institutions to take it up…. SENTENCES HE WOULD CLARIFY A morning chapel when Burke was pre- Where the Voters Are, L.A.Times, July 17, Solution for the Blight of Telemarketing “Law as a Performing Art”(with Sanford “You’ve got to treat people in accor- VERY COMPLICATED PROBLEM. sented with Exeter’s highest award, the 2003, at 15 (with Ian Ayres); The Vote Must (and Spam and Junk Mail), 20 Yale J. on Levinson); Inaugural Distinguished Lecture dance with the Constitution, you’ve got He liked his students. He kept strong ties John Phillips medal.The headmaster Go On, N.Y.Times, September 17, 2003, at Reg. 77 (2003) (with Matthew Funk); Stud- on Intellectual Property and Communica- to get the police to go along with it, get with many of them. He would tell me spoke at length about Burke’s accom- A-27; Interview with Gabor Halmai, ies in Contract Law (6th edition, 2003) tions Law, Michigan State University-DCL the courts to go along with it….The about their achievements, and failures. plishments.The dean then spoke at even Fundamentum (in Hungarian), Issue (with Edward J. Murphy & Richard E. Spei- College of Law,“Copyright and Free people that should learn from this— But his heart—his heart was in the greater length about Burke’s accomplish- 2/2003, at 51. del); Why a New Paradigm?,37 U. Rich. L. Speech, Or,The Blob That Ate The First our students— aren’t paying attention. past: in the civil rights movement, in the ments and presented him the medal. Rev. 1147 (2003) (with Bruce Ackerman); Amendment.” They’re doing their own thing on their streets of Alabama, in the pictures and The student body politely applauded, Anne L. Alstott Dialing for Dollars, N.Y.Times, Sept. 30, Publications own laptops at the back of the room. songs of those days, in the drive for and settled back on the hard wooden Lectures and Addresses 2003, at A29; Charity Begins At Schedule A, Don't Use Those Words: Fox News Owns And whatever [we’re] trying to teach equality and social justice. benches to hear his speech. Burke went Interdisciplinary Workshop on Work, N.Y.Times,p.A21, col. 1 (April 15, 2003) (with Them, L.A.Times,August 14, 2003, at B15. them…isn’t getting through because the Burke is gone. But his spirit is with us. to the podium and turned to the Family, and Public Policy,Washington Barry Nalebuff); An Educated Consumer, attention of the people in power to I do hope that his dream about equality headmaster and dean: ‘THANK YOU,’ University, St. Louis,“No Exit.” Forbes 95 (June 09, 2003) (with Barry Robert A. Burt whom it should get through is not being and social justice will stay with all of us said Burke, and sat down.The student Nalebuff); Blackbox for Cars, Forbes 125 Lectures and Addresses given to problems of this sort. forever. body rose as one man, shouting, Ian Ayres (August 11, 2003) (with Barry Nalebuff); International Consensus Conference on “I don’t get discouraged by that, but I Aharon Barak applauding, and stomping. Chapel Lectures and Addresses Sarbanes/Oxley's First Birthday,Market- End-of-Life Care in the Intensive Care can see that anyone looking…from the President, Supreme Court of Israel was over and there was time to get "To Insure Prejudice: Racial Determinants place Public Radio Commentary (July 30, Unit, Brussels, Belgium,“Lessons from U.S. outside would say,‘Well, you’ve really a breakfast snack at the Grill before the of Taxicab Tipping,”lectures at the Univer- 2003) (with Barry Nalebuff); Blackboxes for Law”;The Hastings Center, Garrison, New done nothing.’I mean if you take a grand first class began. Burke always knew sity of North Carolina, Northwestern Uni- Cars,Marketplace Public Radio Commen- York,“The Culture of Death in American concept, like those in the 14th Amend- his audience. versity, Australian National University, Uni- tary (Sept. 16, 2003) (with Barry Nalebuff); Medicine.” ment, and [ask] ‘Are they real, are they Let me conclude by saying for myself versity of New South Wales, American Law Exactly Who’s In the Right in This Labor true, even in the United States?’The of a friendship of more than sixty years and Economics Association; Olin Lecture, Dispute?, 2, Sept. 4, 2003, Guido Calabresi answer is no. And [we] can’t affect that. and, I know, for all his friends, colleagues, University of Michigan Law School, "Can at 2; (with Barry Nalebuff); Making Ideas Awards and Recognition All [we] can do is teach, so that people students, and a nation grateful for what Legal Creativity Be Taught?"; American Law Take Flight, Business 2.0 133 (Oct. 2003) Charles E. Rapallo Award, of The who want to learn can learn….” he did for all of us in so many different and Economics Association, "Lessons for (with Barry Nalebuff); Patriot Dollars Put Columbian Lawyers, presented at the Christopher Stone ’82 ways,“Thank you, Burke.” Future Empiricism from the 'More Guns, Money Where the Voters Are, L.A.Times,July Thirty-Eighth Annual Award Luncheon, Director,Vera Institute of Justice Nicholas deB. Katzenbach ’47 Less Crime' Debate." 17, 2003, at 15 (with Bruce Ackerman); Want Waldorf Astoria Hotel, New York; Professor Publications to Call Me? Pay Me!, Wall St. J.,October 8, John G. Fleming Memorial International Why Not?: How to Use Everyday Ingenu- 2003, at A24 (with Barry Nalebuff). Award for Torts Scholarship, New York; LL.D. ity to Solve Problems Big and Small degree, Honoris Causa, University of Mary- (with Barry Nalebuff, 2003); Is Discrimina- land School of Law, Baltimore. tion Elusive?, 55 Stan. L. Rev.2419 (2003); 16 |17 YLR Winter 2004

˘ Faculty Activities

left to right left to right Amy L. Chua Owen M. Fiss Morris L. Cohen Paul Gewirtz Drew S. Days, III Robert W. Gordon Robert C. Ellickson Oona A. Hathaway Daniel C. Esty S. Blair Kauffman

Lectures and Addresses Amy L. Chua Publications The Yale World Fellows Program”; Rhodes Publications Oona A. Hathaway Stanford Law Review Lecture, Stanford Law Lectures and Addresses Foreward to Boris I. Bittker’s The Case for Scholar Centennial Celebration, Oxford, The Law As It Could Be (2003); Adjudica- Lectures and Addresses School; Marion Rice Kirkwood Memorial University of New Hampshire,“Markets, Black Reparations at ix (2nd ed., 2003). England,“Globalizing Yale:The Yale World tion and Its Alternatives (with Judith Seminario en Latinoamérica de Teoría Con- Moot Court Competition, Stanford Law Democracy, and Ethnic Conflict,” keynote Fellows Program”; Mexican Environment Resnik, 2003). stitucional y Política (SELA),Yucay, Peru, School; Boston Bar Association Law Day lecturer; Nathan Cummings Institute, New Robert C. Ellickson and Trade Ministries Workshop on Trade “Two-Track Justice,”panelist; Law and Soci- Dinner, Boston, keynote address; Centro York City,“Globalization and Market-domi- Lectures and Addresses and Environment in the Doha Round, Paul Gewirtz ety Association 2003 Annual Meeting, Nazionale di Prevenzione e Difesa Sociale’s nant Minorities”; Honors Colloquium, Uni- Lincoln Institute of Land Policy and Cozumel, Mexico,“Building Environmental Lectures and Addresses Pittsburgh, Roundtable on “Empirical International Conference on Benefits and versity of Rhode Island,“Globalization and National League of Cities, Conference on Sensitivity into the World Trade Organiza- Workshop, Shanghai, China, "Open Govern- Approaches to International Human Costs of Innovation in Health Care, Stresa, Ethnic Conflict.” William Fischel's The Homevoter Hypothe- tion: Lessons from a Decade of Trade and ment Information." Rights Law,”presenter; University of Vir- Italy,“Ethics and Economics in Health Publications sis,Cambridge, Massachusetts, "Land Use Environment Efforts”;World Trade Organi- Publications ginia International Law Colloquium, Char- Expenditures”; International Conference Asian Immigration: Becoming American, in Controls, Environmental Protection, and zation Ministerial Meeting, Cancun, The U.S.-China Rule of Law Initiative, 11 Wm. lottesville,“Why do Countries Commit to on Science and Law from a Comparative Defining a Nation:The Remarkable Cir- Sprawl"; Symposium:The Use of Ethnogra- Mexico,“An Environmental Agenda for the & Mary Bill Rts. J. 603 (2003); Global Con- Human Rights Treaties?,”presenter; Boalt Law Perspective, Italian Association of cumstances That Shaped the American phy in Policy,, "Success and Doha Round.” stitutionalism:Terrorism; Freedom of Hall, University of California International Comparative Law, Pisa, Italy, opening Character (David Halberstam ed., 2003); Marketing: Case Studies in Politically Effec- Legal Consultation or Testimony Expression;The Proposed European Con- Law Colloquium, Berkeley,“The Cost of address; Hooding Ceremony, University of Making the World Safe for Markets, Harv. tive Ethnography"; Cornell University U.S. House Energy and Commerce stitution (with Jacob Katz Cogan, 2003); Commitment,”presenter; Symposium: Maryland School of Law, Baltimore; Ameri- Bus. Rev.(August 2003); Power and Preju- Social Science Seminar on Law, Norms, and Committee, Environment & Hazardous Judicial Independence and Accountability, Treaties, Enforcement, and U.S. Sovereignty, can Association of Law Schools Conference dice: Globalizing Hate, Amnesty Interna- Society, Ithaca, "The Household:The Law, Materials Subcommittee testimony on 3 Pub. L. Rev. (2003) (in Chinese). Stanford Law School, Palo Alto,“The Cost of on Torts, New York,“Rethinking the Judicial tional (June 2003). Economics, and Sociology of an Underex- waste trade. Commitment,”presenter. Role for 21st Century Torts,”keynote amined Institution"; Center for the Study Publications Robert W. Gordon Publications address; Cambridge Lectures, Canadian Morris L. Cohen of Economy and Society,Working Group on Toward a Global Environmental Mechanism Appointments The Cost of Commitment, 55 Stan. L. Rev. Institute of Advanced Legal Studies, Publications Institutions, Networks and Economy, Cor- (with Maria Ivanova), in Worlds Apart: Co-Director, 2003 Hurst Summer Institute 1821 (2003); Testing Conventional Wisdom, Cambridge, England,“About Equality”; Legal Research in a Nutshell (with Kent nell University, Ithaca, "Welfare-Maximiz- Globalization and the Environment 67 for Legal Historians, Madison,Wisconsin; 13 E.J.I.L. 185 (2003); Making Human Rights First National Convention of the American Olson, 8th ed., 2003); An Historical ing Norms." (J. Gustave Speth ed., 2003); Environmental Editorial Committee, Law and Social Sci- Treaties Work: Global Legal Information and Constitution Society for Law and Policy, Overview of American Law Publishing,31 Sustainability in the Arab World (with Marc ence, Annual Reviews;Editorial Board, Law Human Rights in the 21st Century, 31 Int’l J. “Judging in a Conservative Era,”panelist; Int’l J. Legal Info. 168 (2003); English Legal Daniel C. Esty Levy & Andrew Winston), in The Arab & Social Inquiry. Legal Info 312 (2003); Making Human Law, Philosophy & Culture Initiative,The Lexicographers after Rastell, in Language Lectures and Addresses World Competitiveness Report 2002- Lectures and Addresses Rights Treaties Work,4 Yale Politic 28 Catholic University of America, Columbus and the Law: Proceedings of a Confer- EU-OECD Composite Indicators Confer- 2003 236 (Peter Cornelius ed., 2003). American Constitution Society,Washing- (2003); Two Cheers for International Law,27 School of Law,Washington, D.C., remarks; ence 47 (2003). ence, Ispra, Italy,“Constructing the Environ- ton, D.C.,“Reclaiming Constitutional His- The Wilson Quarterly 50 (2003). Thirtieth Annual Thomas Verner Moore mental Sustainability Index”;Yale Alumni Owen M. Fiss tory.” Lecture, St. Anselm’s Abbey and The Drew S. Days, III Association of Milan,“Toward a Global Uni- Lectures and Addresses Publications S. Blair Kauffman Catholic University of America,Washing- Awards and Recognition versity:The Yale World Fellows Program”; Seminario en Latinoamérica de Teoría Con- Distintos modelos de educación jurídica y Lectures and Addresses ton, D.C.,“The Conscience of a Judge:What Doctor of Laws, University of North Car- Friends of the Yale World Fellows Program stitucional y Política (SELA),Yucay, Peru, las condiciones sociales en que se apoyan Summer Course in Law Library Adminis- to Do When the Law is Morally Wrong?”; olina, Chapel Hill. in France, Paris,“Making Yale a Global Uni- “The Legitimacy of Violence,”panel moder- [Modes of Legal Education and the Social tration, University of Washington, Seattle, American Constitution Society,Yale Law Lectures and Addresses versity”; AYA Reunion, New Haven,“Global- ator; Global Constitutionalism Seminar: Conditions that Sustain Them], in El dere- “Library Strategic Planning,”and “Library School, remarks. ABA Annual Meeting, San Francisco, "Solici- izing Yale”; U.S. Environmental Protection Terrorism, Freedom of Expression and The cho como objecto e instrumento de Space Management.” Publications tors General in the Spotlight,”panelist; Agency Annual Senior Executive Service Proposed European Constitution,Yale Law transformación 189 (Roberto Saba ed., Legal Consultation or Testimony Federal and State Courts: Restoring a Work- American Constitution Society,Washing- Conference,Washington, D.C.,“Environ- School, New Haven; Memorial Service for 2003); A New Role for Lawyers?The Corpo- Widener University School of Law,Wilm- able Balance,78 N.Y.U. L. Rev. 1293 (2003). ton, D.C., "Supreme Court Roundup,”pan- mental Megatrends: Next Generation Burke Marshall, remarks; SELA Organizing rate Counselor after Enron, 35 Conn. L. Rev. ington, Delaware; Florida International elist. Opportunities for EPA Leadership”; Friends Committee Meeting. 1185 (2003). University Law School. of the Yale World Fellows Program in Publications Moscow,“Toward a Global University: Opening Remarks (21st Annual Course in 16 |17 YLR Winter 2004

˘ Faculty Activities

left to right left to right Amy L. Chua Owen M. Fiss Morris L. Cohen Paul Gewirtz Drew S. Days, III Robert W. Gordon Robert C. Ellickson Oona A. Hathaway Daniel C. Esty S. Blair Kauffman

Lectures and Addresses Amy L. Chua Publications The Yale World Fellows Program”; Rhodes Publications Oona A. Hathaway Stanford Law Review Lecture, Stanford Law Lectures and Addresses Foreward to Boris I. Bittker’s The Case for Scholar Centennial Celebration, Oxford, The Law As It Could Be (2003); Adjudica- Lectures and Addresses School; Marion Rice Kirkwood Memorial University of New Hampshire,“Markets, Black Reparations at ix (2nd ed., 2003). England,“Globalizing Yale:The Yale World tion and Its Alternatives (with Judith Seminario en Latinoamérica de Teoría Con- Moot Court Competition, Stanford Law Democracy, and Ethnic Conflict,” keynote Fellows Program”; Mexican Environment Resnik, 2003). stitucional y Política (SELA),Yucay, Peru, School; Boston Bar Association Law Day lecturer; Nathan Cummings Institute, New Robert C. Ellickson and Trade Ministries Workshop on Trade “Two-Track Justice,”panelist; Law and Soci- Dinner, Boston, keynote address; Centro York City,“Globalization and Market-domi- Lectures and Addresses and Environment in the Doha Round, Paul Gewirtz ety Association 2003 Annual Meeting, Nazionale di Prevenzione e Difesa Sociale’s nant Minorities”; Honors Colloquium, Uni- Lincoln Institute of Land Policy and Cozumel, Mexico,“Building Environmental Lectures and Addresses Pittsburgh, Roundtable on “Empirical International Conference on Benefits and versity of Rhode Island,“Globalization and National League of Cities, Conference on Sensitivity into the World Trade Organiza- Workshop, Shanghai, China, "Open Govern- Approaches to International Human Costs of Innovation in Health Care, Stresa, Ethnic Conflict.” William Fischel's The Homevoter Hypothe- tion: Lessons from a Decade of Trade and ment Information." Rights Law,”presenter; University of Vir- Italy,“Ethics and Economics in Health Publications sis,Cambridge, Massachusetts, "Land Use Environment Efforts”;World Trade Organi- Publications ginia International Law Colloquium, Char- Expenditures”; International Conference Asian Immigration: Becoming American, in Controls, Environmental Protection, and zation Ministerial Meeting, Cancun, The U.S.-China Rule of Law Initiative, 11 Wm. lottesville,“Why do Countries Commit to on Science and Law from a Comparative Defining a Nation:The Remarkable Cir- Sprawl"; Symposium:The Use of Ethnogra- Mexico,“An Environmental Agenda for the & Mary Bill Rts. J. 603 (2003); Global Con- Human Rights Treaties?,”presenter; Boalt Law Perspective, Italian Association of cumstances That Shaped the American phy in Policy,Yale University, "Success and Doha Round.” stitutionalism:Terrorism; Freedom of Hall, University of California International Comparative Law, Pisa, Italy, opening Character (David Halberstam ed., 2003); Marketing: Case Studies in Politically Effec- Legal Consultation or Testimony Expression;The Proposed European Con- Law Colloquium, Berkeley,“The Cost of address; Hooding Ceremony, University of Making the World Safe for Markets, Harv. tive Ethnography"; Cornell University U.S. House Energy and Commerce stitution (with Jacob Katz Cogan, 2003); Commitment,”presenter; Symposium: Maryland School of Law, Baltimore; Ameri- Bus. Rev.(August 2003); Power and Preju- Social Science Seminar on Law, Norms, and Committee, Environment & Hazardous Judicial Independence and Accountability, Treaties, Enforcement, and U.S. Sovereignty, can Association of Law Schools Conference dice: Globalizing Hate, Amnesty Interna- Society, Ithaca, "The Household:The Law, Materials Subcommittee testimony on 3 Pub. L. Rev. (2003) (in Chinese). Stanford Law School, Palo Alto,“The Cost of on Torts, New York,“Rethinking the Judicial tional (June 2003). Economics, and Sociology of an Underex- waste trade. Commitment,”presenter. Role for 21st Century Torts,”keynote amined Institution"; Center for the Study Publications Robert W. Gordon Publications address; Cambridge Lectures, Canadian Morris L. Cohen of Economy and Society,Working Group on Toward a Global Environmental Mechanism Appointments The Cost of Commitment, 55 Stan. L. Rev. Institute of Advanced Legal Studies, Publications Institutions, Networks and Economy, Cor- (with Maria Ivanova), in Worlds Apart: Co-Director, 2003 Hurst Summer Institute 1821 (2003); Testing Conventional Wisdom, Cambridge, England,“About Equality”; Legal Research in a Nutshell (with Kent nell University, Ithaca, "Welfare-Maximiz- Globalization and the Environment 67 for Legal Historians, Madison,Wisconsin; 13 E.J.I.L. 185 (2003); Making Human Rights First National Convention of the American Olson, 8th ed., 2003); An Historical ing Norms." (J. Gustave Speth ed., 2003); Environmental Editorial Committee, Law and Social Sci- Treaties Work: Global Legal Information and Constitution Society for Law and Policy, Overview of American Law Publishing,31 Sustainability in the Arab World (with Marc ence, Annual Reviews;Editorial Board, Law Human Rights in the 21st Century, 31 Int’l J. “Judging in a Conservative Era,”panelist; Int’l J. Legal Info. 168 (2003); English Legal Daniel C. Esty Levy & Andrew Winston), in The Arab & Social Inquiry. Legal Info 312 (2003); Making Human Law, Philosophy & Culture Initiative,The Lexicographers after Rastell, in Language Lectures and Addresses World Competitiveness Report 2002- Lectures and Addresses Rights Treaties Work,4 Yale Politic 28 Catholic University of America, Columbus and the Law: Proceedings of a Confer- EU-OECD Composite Indicators Confer- 2003 236 (Peter Cornelius ed., 2003). American Constitution Society,Washing- (2003); Two Cheers for International Law,27 School of Law,Washington, D.C., remarks; ence 47 (2003). ence, Ispra, Italy,“Constructing the Environ- ton, D.C.,“Reclaiming Constitutional His- The Wilson Quarterly 50 (2003). Thirtieth Annual Thomas Verner Moore mental Sustainability Index”;Yale Alumni Owen M. Fiss tory.” Lecture, St. Anselm’s Abbey and The Drew S. Days, III Association of Milan,“Toward a Global Uni- Lectures and Addresses Publications S. Blair Kauffman Catholic University of America,Washing- Awards and Recognition versity:The Yale World Fellows Program”; Seminario en Latinoamérica de Teoría Con- Distintos modelos de educación jurídica y Lectures and Addresses ton, D.C.,“The Conscience of a Judge:What Doctor of Laws, University of North Car- Friends of the Yale World Fellows Program stitucional y Política (SELA),Yucay, Peru, las condiciones sociales en que se apoyan Summer Course in Law Library Adminis- to Do When the Law is Morally Wrong?”; olina, Chapel Hill. in France, Paris,“Making Yale a Global Uni- “The Legitimacy of Violence,”panel moder- [Modes of Legal Education and the Social tration, University of Washington, Seattle, American Constitution Society,Yale Law Lectures and Addresses versity”; AYA Reunion, New Haven,“Global- ator; Global Constitutionalism Seminar: Conditions that Sustain Them], in El dere- “Library Strategic Planning,”and “Library School, remarks. ABA Annual Meeting, San Francisco, "Solici- izing Yale”; U.S. Environmental Protection Terrorism, Freedom of Expression and The cho como objecto e instrumento de Space Management.” Publications tors General in the Spotlight,”panelist; Agency Annual Senior Executive Service Proposed European Constitution,Yale Law transformación 189 (Roberto Saba ed., Legal Consultation or Testimony Federal and State Courts: Restoring a Work- American Constitution Society,Washing- Conference,Washington, D.C.,“Environ- School, New Haven; Memorial Service for 2003); A New Role for Lawyers?The Corpo- Widener University School of Law,Wilm- able Balance,78 N.Y.U. L. Rev. 1293 (2003). ton, D.C., "Supreme Court Roundup,”pan- mental Megatrends: Next Generation Burke Marshall, remarks; SELA Organizing rate Counselor after Enron, 35 Conn. L. Rev. ington, Delaware; Florida International elist. Opportunities for EPA Leadership”; Friends Committee Meeting. 1185 (2003). University Law School. of the Yale World Fellows Program in Publications Moscow,“Toward a Global University: Opening Remarks (21st Annual Course in 18 |19 YLR Winter 2004

˘ Faculty Activities

left to right left to right Jay Katz Michael E. Levine Harold Hongju Koh Daniel Markovits Anthony T. Kronman Jerry L. Mashaw John H. Langbein Jean Koh Peters Robert C. Post J. L. Pottenger, Jr.

International Law Librarianship), 31 Int’l J. against Corporations for Human Rights Mental Disabilities, 63 U. Maryland L. Rev. 1 Commissioners on Uniform State Laws, Daniel Markovits Robert C. Post Legal Info. (2003). Violations; ASIL/ACUNS Conference, New (2003); A Tribute to John Sexton, 60 Ann. Joint Editorial Board for the Uniform Trusts Publications Appointments Haven,“Transnational Legal Process”; Joint Surv. Am. L. (2004); A Toast to Tom the and Estates Acts; Drafting Committee to How Much Redistribution Should There Be?, David Boies Professor of Law,Yale Law Jay Katz Conference of the American Society of Frank, 35 N.Y.U. J. Int’l L. & Pol. 303 (2003); Revise the Uniform Management of Insti- 112 Yale L.J. 2291 (2003). School. Awards and Recognition International Law/Netherlands Society of The Law Under Stress After September 11, 31 tutional Funds Act, attended plenary ses- Lectures and Addresses Lifetime Achievement Award, American International Law,The Hague,The Nether- Int’l J. Legal Info. 317 (2003); Wrong on sions,Washington D.C. American Law Jerry L. Mashaw Arizona State Law School, Faculty Forum Society for Bioethics and Humanities, lands,“Four Myths About Corporate Rights, YaleGlobal Online, available at Institute, Associate Reporter, Restatement Appointments on the Theory of the First Amendment; Montreal; First Research Ethics Award, Responsibility Litigation”; Netherlands http://yaleglobal.yale.edu/display.article? of Property:Wills and Other Donative President, National Academy of Social University of Oregon Law School, Legal Friends Research Institute, Inc., Baltimore. Academy of International Law, Amster- id=2121; In Memoriam: Dean Eugene V. Transfers; adviser, Restatement (Third) of Insurance, Washington, D.C.;Visiting Theory Workshop, “Legislative Constitu- dam, Opening Presentation, Seminar on Rostow, Yale Law Report, Summer 2003, Trusts, attended drafting sessions, St. Louis, Fellow, University of Auckland Law School, tionalism”; Harvard Law School, Francis Harold Koh “Koh’s Theory of Transnational Legal at 16. Missouri, and San Francisco, California. Auckland, New Zealand. Biddle Lecture; Annual Convention of the Appointments Process”; Asian Pacific Bar Publications Lectures and Addresses American Constitutional Society,“Original- Dean-Designate,;Trustee, Association Annual Meeting, Keynote Anthony T. Kronman Pension and Employee Benefit Law: 2003 Public Lecture, University of Auckland, ism,”panelist. Brookings Institution. Address; New Haven Festival of Arts and Lectures and Addresses Supplement (with Bruce Wolk, 2003); What Auckland, New Zealand,“Regulating the Legal Consultation or Testimony Awards and Recognition Ideas, Foreign Affairs Panel; Seminario en Memorial Service for Eugene V. Rostow, ERISA Means by “Equitable”:The Supreme Regulators: America’s Reactionary Admin- Drafted provisions on academic freedom Named to K100 (as one of the 100 Koreans Latinoamérica de Teoría Constitucional y Yale Law School, remarks; Stanford-Yale Court’s Trail of Error in Russell, Merteus, and istrative Law”;Yale Faculty Workshop,Yale for the University of California system, and Korean-Americans who made the Política (SELA),Yucay, Peru,“The United Junior Faculty Forum, Stanford; Memorial Great-West, 103 Colum.L. Rev. 1317 (2003). Law School,“Contracting Out and the which were promulgated and went into greatest contributions in the first century States and Latin America:The View from Service for Burke Marshall,Yale Club of Structure of Accountability.” effect on September 29, 2003. of Korean immigration to the United Washington”; “Democracy and Human New York City, remarks; Educational Lead- Michael E. Levine Publications Publications States);Trailblazer Award, National Asian Rights”;Yale World Fellows Program;Yale ership Council,Yale University, remarks; Awards and Recognition American Administrative Law:The Ameri- Congress and the Court,132 Daedalus 5 Pacific American Bar Association. Law School Career Development Office, Women’s Campaign School at Yale, Named by Airfinance Journal as one of the can Public Law System, 5th ed. (with (Winter 2004); Law and Cultural Conflict, Lectures and Addresses “How Should I Live My Life as a Lawyer?”; remarks; Memorial Service for Burke Mar- “10 Pioneers Who Most Shaped the Global Richard A. Merrill & Peter M. Shane, 2003). 78 Chi.-Kent L. Rev. 485 (2003); Legislative The 2003 John Galway Foster Lecture, Uni- Conference of the International Associa- shall, New Haven Lawn Club, remarks; Arab Airline Industry.” Constitutionalism and Section Five Power: versity College London,“The United States tion of Law Librarians,“The Law Under Judicial Forum, member of U.S. delegation Lectures and Addresses Jean Koh Peters Policentric Interpretation of the Family and and Human Rights After September 11”; Stress After September 11.” to Bahrain sponsored by the ABA Central 9th Annual Conference on U.S.-Japan Lectures and Addresses Medical Leave Act, 112 Yale L.J. 1943 (2003) U.K. Human Rights Lawyers Association, Legal Consultation or Testimony European and Eurasian Law Initiative Cooperation in Transportation,Washing- Quale avvocato per il minore: Proposte per (with Reva Siegel); Protecting the Constitu- London,“Litigating Human Rights in the Testimony before the House International (CEELI), remarks. ton, D.C.,“The Airline Industry at a Cross- un modello Italiano, a conference spon- tion from the People: Juricentric Restrictions U.S. after September 11”; Oxford University Relations Committee regarding the State roads,”keynote address; Competitive sored by the Associazione Italiana degli on Section Five Power,78 Ind. L. J. 1 (2003) Public International Law Seminar: Department’s Report,“A Survey and Analy- John H. Langbein Enterprise Institute Conference on Open Avvocati per la Famiglia e per i minori (with Reva Siegel); Academic Freedom and “Transnational Legal Process Today”;The sis of Supporting Human Rights and Awards and Recognition Aviation for a Global Industry: Removing Sezione Toscana,Lucca, Italy,“Il Modello di the Intifada Curriculum‚ 89 Academe, Thomas Jefferson Lecture, University of Democracy:The U.S. Record 2002-2003.” Connecticut Public Service Award, the Last Barriers to Airline Competition, Avvocato del Minore‚ di Jean Koh Peters” May-June 2003, at 16. California at Berkeley, ”Transnational Legal Publications awarded by Connecticut Secretary of State, Washington, D.C.,“Globalizing Aviation [“The Model of the Lawyer for Children of Process After September 11”;Wolfgang By Invitation: Rights to Remember, Econo- May 5, 2003, for service as a Uniform Law Markets: Myths, Realities and the Way For- Jean Koh Peters”]; Institute for Law School J. L. Pottenger, Jr. Friedmann Award Lecture, Columbia Jour- mist,November 2003, at 24; American Commissioner. ward,”keynote address. Teaching, Gonzaga University Law School, Lectures and Addresses nal of Transnational Law, ”Transnational Diplomacy and the Death Penalty, 80 for- Lectures and Addresses Publications (held at Sleeping Lady Mountain Retreat, International Journal of Clinical Legal Edu- Legal Process After September 11”; Aspen eign Service Journal 19 (October 2003) Trust Management Association,White Sul- No Clear Way Forward for Airlines, N.Y. Leavenworth,Washington),“Reflecting on cation Conference, Institute for Advanced Institute Seminar for Judges on Interna- (with Thomas Pickering); America’s Jekyll phur Springs,West Virginia, "The Burgeon- Times, December 6, 2002, at A35; Crunch Our Teaching 2003:Three Days of Thinking, Legal Studies, University of London,“Devel- tional Human Rights Law,Wye, Maryland, and Hyde Exceptionalism, in American ing Liability Risk of Employer Stock Pension Time for Legacy Carriers, in Financing the Walking,Writing, and Talking,”cofacilitator oping a Clinical Context for China.” “Implementation of International Human Exceptionalism and Human Rights Plans for Sponsors and Fiduciaries.” Next 100 Years of Flight,a supplement to (with Mark Weisberg, Queens University, Rights in the United States and the Ameri- (Michael Ignatieff ed., 2004); The Interna- Public Service Airfinance Journal, September 30, 2003, Kingston, Ontario). cas”; Asia Society, New York, Panel on Suits tional Human Rights of Persons with Member, National Conference of at 40. 18 |19 YLR Winter 2004

˘ Faculty Activities

left to right left to right Jay Katz Michael E. Levine Harold Hongju Koh Daniel Markovits Anthony T. Kronman Jerry L. Mashaw John H. Langbein Jean Koh Peters Robert C. Post J. L. Pottenger, Jr.

International Law Librarianship), 31 Int’l J. against Corporations for Human Rights Mental Disabilities, 63 U. Maryland L. Rev. 1 Commissioners on Uniform State Laws, Daniel Markovits Robert C. Post Legal Info. (2003). Violations; ASIL/ACUNS Conference, New (2003); A Tribute to John Sexton, 60 Ann. Joint Editorial Board for the Uniform Trusts Publications Appointments Haven,“Transnational Legal Process”; Joint Surv. Am. L. (2004); A Toast to Tom the and Estates Acts; Drafting Committee to How Much Redistribution Should There Be?, David Boies Professor of Law,Yale Law Jay Katz Conference of the American Society of Frank, 35 N.Y.U. J. Int’l L. & Pol. 303 (2003); Revise the Uniform Management of Insti- 112 Yale L.J. 2291 (2003). School. Awards and Recognition International Law/Netherlands Society of The Law Under Stress After September 11, 31 tutional Funds Act, attended plenary ses- Lectures and Addresses Lifetime Achievement Award, American International Law,The Hague,The Nether- Int’l J. Legal Info. 317 (2003); Wrong on sions,Washington D.C. American Law Jerry L. Mashaw Arizona State Law School, Faculty Forum Society for Bioethics and Humanities, lands,“Four Myths About Corporate Rights, YaleGlobal Online, available at Institute, Associate Reporter, Restatement Appointments on the Theory of the First Amendment; Montreal; First Research Ethics Award, Responsibility Litigation”; Netherlands http://yaleglobal.yale.edu/display.article? of Property:Wills and Other Donative President, National Academy of Social University of Oregon Law School, Legal Friends Research Institute, Inc., Baltimore. Academy of International Law, Amster- id=2121; In Memoriam: Dean Eugene V. Transfers; adviser, Restatement (Third) of Insurance, Washington, D.C.;Visiting Theory Workshop, “Legislative Constitu- dam, Opening Presentation, Seminar on Rostow, Yale Law Report, Summer 2003, Trusts, attended drafting sessions, St. Louis, Fellow, University of Auckland Law School, tionalism”; Harvard Law School, Francis Harold Koh “Koh’s Theory of Transnational Legal at 16. Missouri, and San Francisco, California. Auckland, New Zealand. Biddle Lecture; Annual Convention of the Appointments Process”; Connecticut Asian Pacific Bar Publications Lectures and Addresses American Constitutional Society,“Original- Dean-Designate,Yale Law School;Trustee, Association Annual Meeting, Keynote Anthony T. Kronman Pension and Employee Benefit Law: 2003 Public Lecture, University of Auckland, ism,”panelist. Brookings Institution. Address; New Haven Festival of Arts and Lectures and Addresses Supplement (with Bruce Wolk, 2003); What Auckland, New Zealand,“Regulating the Legal Consultation or Testimony Awards and Recognition Ideas, Foreign Affairs Panel; Seminario en Memorial Service for Eugene V. Rostow, ERISA Means by “Equitable”:The Supreme Regulators: America’s Reactionary Admin- Drafted provisions on academic freedom Named to K100 (as one of the 100 Koreans Latinoamérica de Teoría Constitucional y Yale Law School, remarks; Stanford-Yale Court’s Trail of Error in Russell, Merteus, and istrative Law”;Yale Faculty Workshop,Yale for the University of California system, and Korean-Americans who made the Política (SELA),Yucay, Peru,“The United Junior Faculty Forum, Stanford; Memorial Great-West, 103 Colum.L. Rev. 1317 (2003). Law School,“Contracting Out and the which were promulgated and went into greatest contributions in the first century States and Latin America:The View from Service for Burke Marshall,Yale Club of Structure of Accountability.” effect on September 29, 2003. of Korean immigration to the United Washington”; “Democracy and Human New York City, remarks; Educational Lead- Michael E. Levine Publications Publications States);Trailblazer Award, National Asian Rights”;Yale World Fellows Program;Yale ership Council,Yale University, remarks; Awards and Recognition American Administrative Law:The Ameri- Congress and the Court,132 Daedalus 5 Pacific American Bar Association. Law School Career Development Office, Women’s Campaign School at Yale, Named by Airfinance Journal as one of the can Public Law System, 5th ed. (with (Winter 2004); Law and Cultural Conflict, Lectures and Addresses “How Should I Live My Life as a Lawyer?”; remarks; Memorial Service for Burke Mar- “10 Pioneers Who Most Shaped the Global Richard A. Merrill & Peter M. Shane, 2003). 78 Chi.-Kent L. Rev. 485 (2003); Legislative The 2003 John Galway Foster Lecture, Uni- Conference of the International Associa- shall, New Haven Lawn Club, remarks; Arab Airline Industry.” Constitutionalism and Section Five Power: versity College London,“The United States tion of Law Librarians,“The Law Under Judicial Forum, member of U.S. delegation Lectures and Addresses Jean Koh Peters Policentric Interpretation of the Family and and Human Rights After September 11”; Stress After September 11.” to Bahrain sponsored by the ABA Central 9th Annual Conference on U.S.-Japan Lectures and Addresses Medical Leave Act, 112 Yale L.J. 1943 (2003) U.K. Human Rights Lawyers Association, Legal Consultation or Testimony European and Eurasian Law Initiative Cooperation in Transportation,Washing- Quale avvocato per il minore: Proposte per (with Reva Siegel); Protecting the Constitu- London,“Litigating Human Rights in the Testimony before the House International (CEELI), remarks. ton, D.C.,“The Airline Industry at a Cross- un modello Italiano, a conference spon- tion from the People: Juricentric Restrictions U.S. after September 11”; Oxford University Relations Committee regarding the State roads,”keynote address; Competitive sored by the Associazione Italiana degli on Section Five Power,78 Ind. L. J. 1 (2003) Public International Law Seminar: Department’s Report,“A Survey and Analy- John H. Langbein Enterprise Institute Conference on Open Avvocati per la Famiglia e per i minori (with Reva Siegel); Academic Freedom and “Transnational Legal Process Today”;The sis of Supporting Human Rights and Awards and Recognition Aviation for a Global Industry: Removing Sezione Toscana,Lucca, Italy,“Il Modello di the Intifada Curriculum‚ 89 Academe, Thomas Jefferson Lecture, University of Democracy:The U.S. Record 2002-2003.” Connecticut Public Service Award, the Last Barriers to Airline Competition, Avvocato del Minore‚ di Jean Koh Peters” May-June 2003, at 16. California at Berkeley, ”Transnational Legal Publications awarded by Connecticut Secretary of State, Washington, D.C.,“Globalizing Aviation [“The Model of the Lawyer for Children of Process After September 11”;Wolfgang By Invitation: Rights to Remember, Econo- May 5, 2003, for service as a Uniform Law Markets: Myths, Realities and the Way For- Jean Koh Peters”]; Institute for Law School J. L. Pottenger, Jr. Friedmann Award Lecture, Columbia Jour- mist,November 2003, at 24; American Commissioner. ward,”keynote address. Teaching, Gonzaga University Law School, Lectures and Addresses nal of Transnational Law, ”Transnational Diplomacy and the Death Penalty, 80 for- Lectures and Addresses Publications (held at Sleeping Lady Mountain Retreat, International Journal of Clinical Legal Edu- Legal Process After September 11”; Aspen eign Service Journal 19 (October 2003) Trust Management Association,White Sul- No Clear Way Forward for Airlines, N.Y. Leavenworth,Washington),“Reflecting on cation Conference, Institute for Advanced Institute Seminar for Judges on Interna- (with Thomas Pickering); America’s Jekyll phur Springs,West Virginia, "The Burgeon- Times, December 6, 2002, at A35; Crunch Our Teaching 2003:Three Days of Thinking, Legal Studies, University of London,“Devel- tional Human Rights Law,Wye, Maryland, and Hyde Exceptionalism, in American ing Liability Risk of Employer Stock Pension Time for Legacy Carriers, in Financing the Walking,Writing, and Talking,”cofacilitator oping a Clinical Context for China.” “Implementation of International Human Exceptionalism and Human Rights Plans for Sponsors and Fiduciaries.” Next 100 Years of Flight,a supplement to (with Mark Weisberg, Queens University, Rights in the United States and the Ameri- (Michael Ignatieff ed., 2004); The Interna- Public Service Airfinance Journal, September 30, 2003, Kingston, Ontario). cas”; Asia Society, New York, Panel on Suits tional Human Rights of Persons with Member, National Conference of at 40. 20 |21 YLR Winter 2004

˘ Faculty Activities

left to right left to right George L. Priest Roberta Romano W. Michael Reisman Carol M. Rose Judith Resnik Susan Rose-Ackerman Barbara J. Safriet Peter H. Schuck

George L. Priest 2003 at FP15; Small Business, Economic Judith Resnik sion, 25th Anniversary Conference,Wash- George Mason University School of Law Publications Lectures and Addresses Growth, and the Huffman Conjecture,7 J. Appointments ington, D.C.,“Human Rights Through an Law & Economics Center, lectures on “The Was Mancur a Maoist?An Essay on Antitrust Conference, American Enterprise of Small and Emerging Bus. Law 1 (2003); Research Advisory Committee to the International Lens: United States Law and Market for Corporate Control and State Kleptocracy and Political Stability, 15 Econ. Institute,Washington, D.C.,“The Halting Flawed Efforts to Apply Modern Antitrust Research Project,Women Attorneys of the World.” Competition for Corporate Charters.” & Pol. 163 (2003); Establishing the Rule of Convergence of Antitrust Policy as Law to Network Industries, in High-Stakes Color, Commission on Women in the Pro- Publications Publications Law, in When States Fail: Causes and Con- between the U.S. and EC,”and “Dueling Antitrust 117 (Robert W. Hahn ed., 2003). fession of the American Bar Association; Adjudication and its Alternatives: An Does Confidential Proxy Voting Matter?, sequences 182 (Robert Rotberg ed., 2003). Remedies”;“After Disaster:The September Advisory Board, Center for Judicial Process, Introduction to Procedure (with Owen 32 J.Legal Stud. 465 (2003). 11th Compensation Fund and the Future of W. Michael Reisman Albany Law School; Honorary Committee, Fiss, 2003); Of Courts, Agencies, and the Barbara J. Safriet Civil Justice,”Ninth Annual Clifford Sym- Appointments 25th Anniversary, National Association of Court of Federal Claims: Fortunately Outliv- Carol M. Rose Appointments posium on Tort Law and Social Policy, Member, Advisory Board, African Human Women Judges; Inducted into American ing One’s Anomalous Character, 71 Geo. Appointments Acupuncture Advisory Committee, Com- DePaul University, Chicago, delivered Rights Law Journal, 2003. Philosophical Society, April 2003. Wash. L. Rev.798 (2003); Adding Insult to Fellow,Whitney Humanities Center 2003- mission on California State Government paper on “The Problematic Structure of Lectures and Addresses Lectures and Addresses Injury: Questioning the Role of Dignity in 2005; Godfrey Scholar-in-Residence, Uni- Organization and Economy; Federation of the September 11th Victim Compensation Memorial Service for Eugene V. Rostow, Citizenship, Borders, and Gender: Mobility Conceptions of Sovereignty, 55 Stan. L. Rev. versity of Maine School of Law, September State Boards of Physical Therapy, Public Fund”; 2003 Spring Conference Product Yale Law School, New Haven, remarks; and Immobility,Yale Center for Interna- 1921 (2003); Constricting Remedies:The 22-23, 2003. Member of Board of Directors;Yale Liability Advisory Council, Newport Beach, IBA’s Task Force on International Terrorism, tional and Area Studies,Yale Law School, Rehnquist Judiciary, Congress, and Federal Lectures and Addresses Provost's Committee on Student Griev- California, panel on “Asking the Juries to National Press Club,Washington D.C., and the Women Faculty Forum,Yale Uni- Power,78 Ind. L.J. 223 (2003); Reconstructing University of Maine Law School,“Selling ances; Executive Committee, New Haven Regulate: Does it Make Sense?,”remarks launch of final report entitled “Interna- versity, participated on panels on Feder- Equality: Of Justice, Justicia, and the Gender Nature: Perspectives on Commerce, Prop- Legal Assistance Association Board of on “The Jury and Punitive Damages”; tional Terrorism: Legal Challenges and ated Citizenship/Multiple Allegiances, of Jurisdiction,15 Yale J.L. & Feminism 393 erty, and the Environment”; University of Directors. Seminario en Latinoamérica de Teoría Con- Responses”; Bundesakademie für Transnational Movements, and Womens’ (2002). Maine Environmental Law Society,“Scien- Lectures and Addresses stitucional y Política (SELA),Yucay, Peru; Sicherheitspolitik, Berlin Conference on Equality and Citizenship; American Aca- tific Progress & Environmental Protection”; Delegate Assembly, American Association American Enterprise Institute World Law of Peacekeeping in the 21st Century— demy of Arts and Sciences, 1870th stated Roberta Romano Faculty Workshop, University of Maine Law of Veterinary State Boards, Denver,“Inter- Forum 2003,“Old Networks in the New Challenges and Perspectives,“The Future meeting, Congress and the Courts: Inde- Lectures and Addresses School,“Reconsidering Lucas”; Foundation action Among Regulatory Boards: Passive, Economy: Airlines, Communication and of Peace-keeping: Some Thoughts on pendence of the Federal Judiciary,Wash- Harvard Law School Labor and Worklife Press Editorial Board Meeting; Seminario Aggressive, or Appropriate?,”keynote Government Regulation”and “The Rule of the Prospects for the Lawful Use ington, D.C.; Civil Procedure and Dispute Program Conference on Capital that Mat- en Latinoamérica de Teoría Constitucional address; Annual Meeting, New York State Attorneys’General”;Thirteenth Annual of the Military Instrument in Defense Resolution, Stanford/Yale Junior Faculty ters: Managing Labor’s Capital,“Share- y Política (SELA),Yucay, Peru. Association of Nurse Anesthetists, New Meeting of the American Law and Eco- of World Order.” Forum, Stanford, commentator;Taking holder Initiative and Active Ownership: Publications York,“Health Care Providers’Legal Practice nomics Association, University of Toronto Publications Stock:Women of All Colors, conference co- Can it Make a Difference,”panelist;West- Romans, Roads, and Romantic Creators:Tra- Parameters”;Washington State Nurse Faculty of Law,“Reexamining the Market Afterschocks: Reflections on the Implica- sponsored by the AALS and the ABA, Com- ern Finance Association 38th Annual Con- ditions of Public Property in the Information Association Summit, Seattle,“Strategic for Judicial Clerks and Other Assortative tions of September 11,6 Yale Hum. Rts. & mission on Women in the Profession, New ference, panel on Venture Capital and Age,Symposium on The Public Domain, 66 Directions for Nursing’s Future,”plenary Matching Markets”; Law and Economics Dev. L.J. 81 (2003); The Use of Friendly Set- York City,“Reconceptualizing Law: At the Entrepreneurship, discussant of Schoar Law & Contemp.Probs. 89 (2003). address; Annual Meeting, Federation of Workshop at the University of Toronto Fac- tlements in the Inter-American Human Margins, At the Center, or Somewhere and Lerner, Private Equity in the Develop- State Boards of Physical Therapy, Kansas ulty of Law,“Reexamining the Market for Rights System (with Susan Benesch), in a Else?,”panelist; Opening Plenary Session ing World:The Determinants of Transac- Susan Rose-Ackerman City ,“Overcoming Legal and Practical Judicial Clerks and Other Assortative Festschrift in Honor of Antonio Cassese, of the AALS, Conference on Civil Procedure, tion Structures; European Association of Lectures and Addresses Barriers to a Comprehensive Licensure and Matching Markets”;The Federalist Society, Man’s Inhumanity to Man 741 (L. C. New York,“Putting Procedure in Perspec- Law and Economics 20th Annual Confer- Comparative Law and Economics Forum, Disciplinary Database.” Lawyers’Division, New York, Debate: Vohrah et al eds., 2003); Judge Shigeru tive”; Democratic National Committee ence, Nancy, France, plenary lecture, Berkeley, California,“Public Participation in "Should the Government Insure Us Oda: A Tribute to an International Treasure, Senate Office Building,Washington, D.C., “Removing Quack Corporate Governance Consolidating Democracies: Hungary and Peter H. Schuck Against Damages Resulting From Acts of 16 Leiden J. Int’l Law 57 (2003). “Respecting the Federal Courts”; Cam- Provisions from the Securities Laws”; Fed- Poland”; American Law and Economics Lectures and Addresses Terrorism?" bridge Lectures of the Canadian Institute eralist Society 7th Annual Corporate Gov- Association Annual Meeting,Toronto; Institute for Judicial Administration, New Publications for Advanced Legal Studies, Cambridge, ernance Conference, New York,“Director Seton Hall Law School, Newark, New Jersey. York City,“Diversity”;Yale Law School Class Warfare, Wall St. J., May 5, 2003 at England,“Representing Justice”; National Independence,”panelist; Institute on the alumni, Boston and Philadelphia,“Diversity A14; reprinted in the Nat’l Post,May 6, Association of Women Judges, Plenary ses- Economics of Corporate Law for Judges, in America”; Manhattan Institute, New 20 |21 YLR Winter 2004

˘ Faculty Activities

left to right left to right George L. Priest Roberta Romano W. Michael Reisman Carol M. Rose Judith Resnik Susan Rose-Ackerman Barbara J. Safriet Peter H. Schuck

George L. Priest 2003 at FP15; Small Business, Economic Judith Resnik sion, 25th Anniversary Conference,Wash- George Mason University School of Law Publications Lectures and Addresses Growth, and the Huffman Conjecture,7 J. Appointments ington, D.C.,“Human Rights Through an Law & Economics Center, lectures on “The Was Mancur a Maoist?An Essay on Antitrust Conference, American Enterprise of Small and Emerging Bus. Law 1 (2003); Research Advisory Committee to the International Lens: United States Law and Market for Corporate Control and State Kleptocracy and Political Stability, 15 Econ. Institute,Washington, D.C.,“The Halting Flawed Efforts to Apply Modern Antitrust Research Project,Women Attorneys of the World.” Competition for Corporate Charters.” & Pol. 163 (2003); Establishing the Rule of Convergence of Antitrust Policy as Law to Network Industries, in High-Stakes Color, Commission on Women in the Pro- Publications Publications Law, in When States Fail: Causes and Con- between the U.S. and EC,”and “Dueling Antitrust 117 (Robert W. Hahn ed., 2003). fession of the American Bar Association; Adjudication and its Alternatives: An Does Confidential Proxy Voting Matter?, sequences 182 (Robert Rotberg ed., 2003). Remedies”;“After Disaster:The September Advisory Board, Center for Judicial Process, Introduction to Procedure (with Owen 32 J.Legal Stud. 465 (2003). 11th Compensation Fund and the Future of W. Michael Reisman Albany Law School; Honorary Committee, Fiss, 2003); Of Courts, Agencies, and the Barbara J. Safriet Civil Justice,”Ninth Annual Clifford Sym- Appointments 25th Anniversary, National Association of Court of Federal Claims: Fortunately Outliv- Carol M. Rose Appointments posium on Tort Law and Social Policy, Member, Advisory Board, African Human Women Judges; Inducted into American ing One’s Anomalous Character, 71 Geo. Appointments Acupuncture Advisory Committee, Com- DePaul University, Chicago, delivered Rights Law Journal, 2003. Philosophical Society, April 2003. Wash. L. Rev.798 (2003); Adding Insult to Fellow,Whitney Humanities Center 2003- mission on California State Government paper on “The Problematic Structure of Lectures and Addresses Lectures and Addresses Injury: Questioning the Role of Dignity in 2005; Godfrey Scholar-in-Residence, Uni- Organization and Economy; Federation of the September 11th Victim Compensation Memorial Service for Eugene V. Rostow, Citizenship, Borders, and Gender: Mobility Conceptions of Sovereignty, 55 Stan. L. Rev. versity of Maine School of Law, September State Boards of Physical Therapy, Public Fund”; 2003 Spring Conference Product Yale Law School, New Haven, remarks; and Immobility,Yale Center for Interna- 1921 (2003); Constricting Remedies:The 22-23, 2003. Member of Board of Directors;Yale Liability Advisory Council, Newport Beach, IBA’s Task Force on International Terrorism, tional and Area Studies,Yale Law School, Rehnquist Judiciary, Congress, and Federal Lectures and Addresses Provost's Committee on Student Griev- California, panel on “Asking the Juries to National Press Club,Washington D.C., and the Women Faculty Forum,Yale Uni- Power,78 Ind. L.J. 223 (2003); Reconstructing University of Maine Law School,“Selling ances; Executive Committee, New Haven Regulate: Does it Make Sense?,”remarks launch of final report entitled “Interna- versity, participated on panels on Feder- Equality: Of Justice, Justicia, and the Gender Nature: Perspectives on Commerce, Prop- Legal Assistance Association Board of on “The Jury and Punitive Damages”; tional Terrorism: Legal Challenges and ated Citizenship/Multiple Allegiances, of Jurisdiction,15 Yale J.L. & Feminism 393 erty, and the Environment”; University of Directors. Seminario en Latinoamérica de Teoría Con- Responses”; Bundesakademie für Transnational Movements, and Womens’ (2002). Maine Environmental Law Society,“Scien- Lectures and Addresses stitucional y Política (SELA),Yucay, Peru; Sicherheitspolitik, Berlin Conference on Equality and Citizenship; American Aca- tific Progress & Environmental Protection”; Delegate Assembly, American Association American Enterprise Institute World Law of Peacekeeping in the 21st Century— demy of Arts and Sciences, 1870th stated Roberta Romano Faculty Workshop, University of Maine Law of Veterinary State Boards, Denver,“Inter- Forum 2003,“Old Networks in the New Challenges and Perspectives,“The Future meeting, Congress and the Courts: Inde- Lectures and Addresses School,“Reconsidering Lucas”; Foundation action Among Regulatory Boards: Passive, Economy: Airlines, Communication and of Peace-keeping: Some Thoughts on pendence of the Federal Judiciary,Wash- Harvard Law School Labor and Worklife Press Editorial Board Meeting; Seminario Aggressive, or Appropriate?,”keynote Government Regulation”and “The Rule of the Prospects for the Lawful Use ington, D.C.; Civil Procedure and Dispute Program Conference on Capital that Mat- en Latinoamérica de Teoría Constitucional address; Annual Meeting, New York State Attorneys’General”;Thirteenth Annual of the Military Instrument in Defense Resolution, Stanford/Yale Junior Faculty ters: Managing Labor’s Capital,“Share- y Política (SELA),Yucay, Peru. Association of Nurse Anesthetists, New Meeting of the American Law and Eco- of World Order.” Forum, Stanford, commentator;Taking holder Initiative and Active Ownership: Publications York,“Health Care Providers’Legal Practice nomics Association, University of Toronto Publications Stock:Women of All Colors, conference co- Can it Make a Difference,”panelist;West- Romans, Roads, and Romantic Creators:Tra- Parameters”;Washington State Nurse Faculty of Law,“Reexamining the Market Afterschocks: Reflections on the Implica- sponsored by the AALS and the ABA, Com- ern Finance Association 38th Annual Con- ditions of Public Property in the Information Association Summit, Seattle,“Strategic for Judicial Clerks and Other Assortative tions of September 11,6 Yale Hum. Rts. & mission on Women in the Profession, New ference, panel on Venture Capital and Age,Symposium on The Public Domain, 66 Directions for Nursing’s Future,”plenary Matching Markets”; Law and Economics Dev. L.J. 81 (2003); The Use of Friendly Set- York City,“Reconceptualizing Law: At the Entrepreneurship, discussant of Schoar Law & Contemp.Probs. 89 (2003). address; Annual Meeting, Federation of Workshop at the University of Toronto Fac- tlements in the Inter-American Human Margins, At the Center, or Somewhere and Lerner, Private Equity in the Develop- State Boards of Physical Therapy, Kansas ulty of Law,“Reexamining the Market for Rights System (with Susan Benesch), in a Else?,”panelist; Opening Plenary Session ing World:The Determinants of Transac- Susan Rose-Ackerman City ,“Overcoming Legal and Practical Judicial Clerks and Other Assortative Festschrift in Honor of Antonio Cassese, of the AALS, Conference on Civil Procedure, tion Structures; European Association of Lectures and Addresses Barriers to a Comprehensive Licensure and Matching Markets”;The Federalist Society, Man’s Inhumanity to Man 741 (L. C. New York,“Putting Procedure in Perspec- Law and Economics 20th Annual Confer- Comparative Law and Economics Forum, Disciplinary Database.” Lawyers’Division, New York, Debate: Vohrah et al eds., 2003); Judge Shigeru tive”; Democratic National Committee ence, Nancy, France, plenary lecture, Berkeley, California,“Public Participation in "Should the Government Insure Us Oda: A Tribute to an International Treasure, Senate Office Building,Washington, D.C., “Removing Quack Corporate Governance Consolidating Democracies: Hungary and Peter H. Schuck Against Damages Resulting From Acts of 16 Leiden J. Int’l Law 57 (2003). “Respecting the Federal Courts”; Cam- Provisions from the Securities Laws”; Fed- Poland”; American Law and Economics Lectures and Addresses Terrorism?" bridge Lectures of the Canadian Institute eralist Society 7th Annual Corporate Gov- Association Annual Meeting,Toronto; Institute for Judicial Administration, New Publications for Advanced Legal Studies, Cambridge, ernance Conference, New York,“Director Seton Hall Law School, Newark, New Jersey. York City,“Diversity”;Yale Law School Class Warfare, Wall St. J., May 5, 2003 at England,“Representing Justice”; National Independence,”panelist; Institute on the alumni, Boston and Philadelphia,“Diversity A14; reprinted in the Nat’l Post,May 6, Association of Women Judges, Plenary ses- Economics of Corporate Law for Judges, in America”; Manhattan Institute, New 22 |23 YLR Winter 2004

˘ Faculty Activities

left to right left to right Vicki Schultz Kate Stith Reva Siegel Stanton Wheeler John G. Simon James Q.Whitman Henry E. Smith Ian H. Solomon Robert A. Solomon

York City, "Diversity in America"; American Reva Siegel “Property and Property Rules”; Stanford- Legal Consultation or Testimony Enterprise Institute,Washington, D.C., Lectures and Addresses Yale Junior Faculty Forum, commentator; Written Submission, Senate Judiciary Commit- "Diversity in America"; National Center for Implicit Social Cognition and the Law,The American Law and Economics Association tee on PROTECT ACT/FEENEY Amendment Victim Compensation,Washington, D.C., Radcliffe Institute for Advanced Study, Har- Annual Meeting, panel moderator. (changes in federal sentencing law). “Victim Compensation”; University of Con- vard University,“Some Thoughts on How Publications Publications necticut, Storrs,“Affirmative Action.” Antidiscrimination Law Incorporates and The Language of Property: Form, Context, Commentary, Race and Gender Disparity in Sen- Legal Consultation or Testimony Resists Psychology–and Why,”panelist; and Audience, 55 Stan. L. Rev. 1105 (2003). tencing,15 Federal Sentencing Reporter 160 ALI Advisory Committee in Restatement First Annual Meeting, American Constitu- (2003). save the date (Third) of Torts: General Principles. tion Society,Washington, D.C.,“What is a Ian H. Solomon Publications Constitution? Originalism as Jurispru- Appointments Stanton Wheeler Diversity in America: Keeping Govern- dence and as Social Movement Practice,” Board of the Port Authority of the City of Lectures and Addresses for ment at a Safe Distance (2003); panelist; Program on Diversity in the Uni- New Haven. Sport and Law Conference, co-sponsored by Reflections on Grutter, Jurist, available at versity,Women’s Faculty Forum,Yale Uni- Elections Stanford Law School and the Department of alumni weekend http://jurist.law.pitt.edu/forum/sympo- versity,“Reading Grutter:A History of Treasurer, Connecticut Association of the Athletics, Stanford, "Rethinking Amateurism 2004 sium-aa/index.php (Sept. 9, 2003); Free to Diversity Talk in Law and Politics.” Performing Arts (manager of the Shubert and the NCAA." Lie, Am. Law., August 2003, at 59; Some Publications Theater). Thoughts on Victim Compensation, avail- Legislative Constitutionalism and Section James Q. Whitman able at http://www.ncvc.org;Tarasoff v. Five Power: Policentric Interpretation of the Robert A. Solomon Lectures and Addresses Regents of the University of California: The Family and Medical Leave Act, 112 Yale L.J. Appointments Unidem Seminar on European and American Therapist's Dilemma (with Daniel J. Givel- 1943 (2003) (with Robert Post). Reappointed Commissioner of the Hous- Constitutionalism, Göttingen, Germany, ber), in Tort Stories 99 (Robert L. Rabin & ing Authority of the City of New Haven; “Human Dignity”; Institut des Hautes États sur Stephen D. Sugarman eds., 2003); Defensi- John G. Simon Connecticut Law Tribune Contributing la Justice, Paris,“La dignité humaine: regards ble Discrimination, Am. Law.(July 2003), at Lectures and Addresses Writer, with weekly columns beginning croisés Europe/États-Unis”; École Nationale de 67 (reprinted in Legal Times, June 9, 2003, Waldemar Nielsen Seminar Series, George- fall 2003. la Magistrature, Bordeaux,“Le Plaider Coupable at 60); Affirmative Action Is Poor Public town University,Washington, D.C., "Fron- Elections et le Système Judiciaire Américain”; École Policy, Chron. of Higher Educ., May 2, tiers of Philanthropy: Agendas for the President, Connecticut Association for Nationale de la Magistrature, Paris,“Spécificités 2003, at B10; Chartering a New Course, Am. Academy and the Law";Yale School of Human Services. Américaines dans les procédures de Common Law., January 2003, at 55. Management-The Goldman Sachs Founda- Lectures and Addresses Law”; Cour de Cassation, Paris,“Pénalisation du tion Conference on Nonprofit Ventures, Making Markets Work for People,Yale Law Négationisme et le Premier Amendement”; Vicki Schultz New York,“The Law of Nonprofit Commer- School,“Housing:Tax Credits, Section 8, French-American Foundation, Paris,“La Protec- Lectures and Addresses cial Activity"; Henry Koerner Center for and Home Ownership”; Dwight Hall,Yale tion de la Vie Privée en France aux États-Unis: Scripps College Faculty Seminar, Los Ange- Emeritus Faculty,Yale University,“The University,“Urban Development in New comment expliquer nos différences”; Columbia les,“Law and Sexuality”; Law and Society Army-McCarthy War of 1954: A Combat- Haven.” Law School,“The Two Western Cultures of Pri- Association Annual Meeting, Pittsburgh, ant's Account." vacy: Dignity versus Liberty.” “The Sanitized Workplace”;Wisconsin Kate Stith Publications Public Radio,“The Sanitized Workplace.” Henry E. Smith Appointments The Neo-Romantic Turn, in Comparative Legal Publications Lectures and Addresses Chair, Supreme Court Historical Society, Studies:Traditions and Transitions 312 (Pierre october 8–10,2004 The Sanitized Workplace, 112 Yale L. J. 2065 American Law and Economics Association Connecticut Chapter; Deputy Dean,Yale Legrand and Roderick Munday eds., 2003); The (2003). Annual Meeting,“Measurement and Exclu- Law School (2003-04); Executive Commit- European Transformation of Harassment Law,9 sion in Intellectual Property Law”; Chicago- tee, Connecticut Bar Foundation. Colum. J. Eur. L. 241 (2003) (with G. Friedman). Kent College of Law Faculty Workshop, 22 |23 YLR Winter 2004

˘ Faculty Activities

left to right left to right Vicki Schultz Kate Stith Reva Siegel Stanton Wheeler John G. Simon James Q.Whitman Henry E. Smith Ian H. Solomon Robert A. Solomon

York City, "Diversity in America"; American Reva Siegel “Property and Property Rules”; Stanford- Legal Consultation or Testimony Enterprise Institute,Washington, D.C., Lectures and Addresses Yale Junior Faculty Forum, commentator; Written Submission, Senate Judiciary Commit- "Diversity in America"; National Center for Implicit Social Cognition and the Law,The American Law and Economics Association tee on PROTECT ACT/FEENEY Amendment Victim Compensation,Washington, D.C., Radcliffe Institute for Advanced Study, Har- Annual Meeting, panel moderator. (changes in federal sentencing law). “Victim Compensation”; University of Con- vard University,“Some Thoughts on How Publications Publications necticut, Storrs,“Affirmative Action.” Antidiscrimination Law Incorporates and The Language of Property: Form, Context, Commentary, Race and Gender Disparity in Sen- Legal Consultation or Testimony Resists Psychology–and Why,”panelist; and Audience, 55 Stan. L. Rev. 1105 (2003). tencing,15 Federal Sentencing Reporter 160 ALI Advisory Committee in Restatement First Annual Meeting, American Constitu- (2003). save the date (Third) of Torts: General Principles. tion Society,Washington, D.C.,“What is a Ian H. Solomon Publications Constitution? Originalism as Jurispru- Appointments Stanton Wheeler Diversity in America: Keeping Govern- dence and as Social Movement Practice,” Board of the Port Authority of the City of Lectures and Addresses for ment at a Safe Distance (2003); panelist; Program on Diversity in the Uni- New Haven. Sport and Law Conference, co-sponsored by Reflections on Grutter, Jurist, available at versity,Women’s Faculty Forum,Yale Uni- Elections Stanford Law School and the Department of alumni weekend http://jurist.law.pitt.edu/forum/sympo- versity,“Reading Grutter:A History of Treasurer, Connecticut Association of the Athletics, Stanford, "Rethinking Amateurism 2004 sium-aa/index.php (Sept. 9, 2003); Free to Diversity Talk in Law and Politics.” Performing Arts (manager of the Shubert and the NCAA." Lie, Am. Law., August 2003, at 59; Some Publications Theater). Thoughts on Victim Compensation, avail- Legislative Constitutionalism and Section James Q. Whitman able at http://www.ncvc.org;Tarasoff v. Five Power: Policentric Interpretation of the Robert A. Solomon Lectures and Addresses Regents of the University of California: The Family and Medical Leave Act, 112 Yale L.J. Appointments Unidem Seminar on European and American Therapist's Dilemma (with Daniel J. Givel- 1943 (2003) (with Robert Post). Reappointed Commissioner of the Hous- Constitutionalism, Göttingen, Germany, ber), in Tort Stories 99 (Robert L. Rabin & ing Authority of the City of New Haven; “Human Dignity”; Institut des Hautes États sur Stephen D. Sugarman eds., 2003); Defensi- John G. Simon Connecticut Law Tribune Contributing la Justice, Paris,“La dignité humaine: regards ble Discrimination, Am. Law.(July 2003), at Lectures and Addresses Writer, with weekly columns beginning croisés Europe/États-Unis”; École Nationale de 67 (reprinted in Legal Times, June 9, 2003, Waldemar Nielsen Seminar Series, George- fall 2003. la Magistrature, Bordeaux,“Le Plaider Coupable at 60); Affirmative Action Is Poor Public town University,Washington, D.C., "Fron- Elections et le Système Judiciaire Américain”; École Policy, Chron. of Higher Educ., May 2, tiers of Philanthropy: Agendas for the President, Connecticut Association for Nationale de la Magistrature, Paris,“Spécificités 2003, at B10; Chartering a New Course, Am. Academy and the Law";Yale School of Human Services. Américaines dans les procédures de Common Law., January 2003, at 55. Management-The Goldman Sachs Founda- Lectures and Addresses Law”; Cour de Cassation, Paris,“Pénalisation du tion Conference on Nonprofit Ventures, Making Markets Work for People,Yale Law Négationisme et le Premier Amendement”; Vicki Schultz New York,“The Law of Nonprofit Commer- School,“Housing:Tax Credits, Section 8, French-American Foundation, Paris,“La Protec- Lectures and Addresses cial Activity"; Henry Koerner Center for and Home Ownership”; Dwight Hall,Yale tion de la Vie Privée en France aux États-Unis: Scripps College Faculty Seminar, Los Ange- Emeritus Faculty,Yale University,“The University,“Urban Development in New comment expliquer nos différences”; Columbia les,“Law and Sexuality”; Law and Society Army-McCarthy War of 1954: A Combat- Haven.” Law School,“The Two Western Cultures of Pri- Association Annual Meeting, Pittsburgh, ant's Account." vacy: Dignity versus Liberty.” “The Sanitized Workplace”;Wisconsin Kate Stith Publications Public Radio,“The Sanitized Workplace.” Henry E. Smith Appointments The Neo-Romantic Turn, in Comparative Legal Publications Lectures and Addresses Chair, Supreme Court Historical Society, Studies:Traditions and Transitions 312 (Pierre october 8–10,2004 The Sanitized Workplace, 112 Yale L. J. 2065 American Law and Economics Association Connecticut Chapter; Deputy Dean,Yale Legrand and Roderick Munday eds., 2003); The (2003). Annual Meeting,“Measurement and Exclu- Law School (2003-04); Executive Commit- European Transformation of Harassment Law,9 sion in Intellectual Property Law”; Chicago- tee, Connecticut Bar Foundation. Colum. J. Eur. L. 241 (2003) (with G. Friedman). Kent College of Law Faculty Workshop,