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she attended a “Christi- nated by the American ville appointed Bowers the Institute for Ad- anity and Private Law” Bar Association in May. to its newly formed vanced Legal Studies FALL workshop in connec- He also participated in Police Civilian Review in London, research- tion with the forthcom- a June meeting of the Board. Also in June, the ing topics related to 2018 ing book. Consortium for Risk- Supreme Court quoted extradition and com- U.S. SUPREME COURT Based Firearm Policy, an article that Bowers parative trial proce- FACULTY the chief sponsor of risk- co-authored with Paul dure. While there, he NEWS based gun removal laws, H. Robinson. Specifi- presented papers in DECISION CENTERS KENNETH S. ABRAHAM in Washington, D.C. The cally, in Rosales-Mire- colloquia at Univer- ALBERT CHOI has re- published “Recov- 2018 meeting focused on les v. United States, the sity College London cently published “Fee- L ARG ELY ON ering Wagner v. In- the circumstances under court observed: “In as well as at its Insti- Shifting and Shareholder ternational Railway which use of alcohol, broad strokes, the public tute, and in May, trav- Litigation” in the Vir- Co.” in the Touro marijuana and other legitimacy of our justice eled to the University ginia Law Review and BAMZAI’S ARGUMENT Law Review (co-au- drugs provide an evi- system relies on proce- of Toronto to present a “Reputation and Litiga- thored with G. EDWARD RICHARD BONNIE ’69 dence-based justifica- dures that are ‘neutral, paper and participate tion: Why Costly Legal WHITE, for a sympo- continued to dissemi- tion for limiting access accurate, consistent, in an ongoing research Sanctions Can Work U.S. Supreme Court justices cited Associate Professor ADITYA BAMZAI by name 31 times in their sium on Justice Benja- nate the findings and to firearms. trustworthy, and fair,’ project about the rela- Better than Reputa- June 22 decision in Ortiz v. United States. The case tackled the scope of the Supreme Court’s min Cardozo) and “Tort recommendations of Bonnie also pre- and that ‘provide oppor- tion between criminal tional Sanctions,” co-au- original and appellate jurisdiction under Article III. Luck and Liability In- the 2017 study on the sented a paper at the tunities for error cor- law and civil peace. In thored with Scott Baker surance” in the Rutgers opioid epidemic that he American Psychiatric rection.’” In September, April, he was an invited of Washington Univer- Bamzai presented oral argument in January as an unprecedented independent amicus. University Law Review. chaired for the National Association’s annual Bowers helped orga- participant in a book sity Law School, in the Although the court He spoke on “The Driv- Academies of Sciences, scientific meeting in nize and moderate the colloquium at the Uni- Journal of Legal Studies. rejected his argument, erless Future: Liability Engineering and Medi- May in New York City UVA Law conference versity of Pennsylvania His forthcoming arti- for Accidents Involving cine by speaking in April on the challenges faced “One Year After Char- Law School. In the fall, cles include “Concen- Justice Elena Kagan, Autonomous Vehicles” at the annual meeting of by emergency depart- lottesville: Replacing the he published “How to trated Ownership and writing for a 7-2 ma- at the Virginia Trial the International An- ments in responding to Resurgence of Racism Make Criminal Trials Long-Term Shareholder jority, devoted 15 Lawyers Association’s esthesiology Research an increasing flow of With Reconciliation.” Disappear without Value” in the Harvard “Advanced Annual Auto Society in Chicago and psychiatric emergen- Pretrial Discovery,” in Business Law Review; pages of her 25-page Retreat” on July 13. in July at a meeting of cies. Bonnie’s research the American Crimi- “Contractarian Theory opinion to Bamzai’s the Opioid Action Col- and writing on emer- nal Law Review, and and Unilateral Bylaw contention that the laborative led by the Na- gency psychiatric hos- an article in German Amendments,” co-au- tional Academy of Medi- pitalization have been on U.S. plea bargain- thored with Geeyoung Supreme Court lacked cine in Washington, D.C. informed by his ongoing ing in the German law Min of Columbia Law jurisdiction to hear Bonnie is also role as chair of an expert journal Zeitschrift School, in the Iowa Law the case. chairing a new consen- advisory panel for the für die gesamte Review; “Appraising the sus study for NASEM Virginia General As- Strafrechtswissen- ‘Merger Price’ Appraisal “As I hope readers on using advances in sembly on mental health MAUREEN BRADY pre- schaft. Rule,” co-authored with of today’s decision will knowledge on adoles- law reform. A high pri- sented her forthcoming Eric Talley of Colum- agree when they read BARBARA ARMACOST ’89 cent development to ority for the panel is article “The Forgotten bia Law School, in the presented her forth- assure the well-being of coping with the surge History of Metes and Journal of Law, Eco- all the opinions in this coming article, “What young people now being in involuntary hospi- Bounds” at the Mid- nomics, and Organiza- case, including a con- Does Aviation Have to left behind. This report, tal admissions and the Atlantic Junior Faculty tion; and “Taking a Fi- currence and dissent, Teach Law Enforce- which complements a consequent pressures Forum held at the Uni- nancial Position in Your ment,” at the Crimi- 2015 report on young on emergency depart- versity of Richmond Opponent in Litigation,” Professor Bamzai nal Law Roundtable adults, also chaired ments, local law en- School of Law and at the co-authored with Kathy provoked some good hosted by the Univer- by Bonnie, will be re- forcement, and state William & Mary Law Spier of Harvard Law and hard thinking on sity of Richmond School leased in the fall. Bon- and local psychiatric School faculty work- JONATHAN Z. CANNON School, in the American of Law in May. Arma- nie’s ongoing work for facilities. shop series. Brady was presented a chapter Economic Review. all sides,” Kagan said cost has been invited to NASEM on the science also invited to present of his book project Choi participated as from the bench in de- teach in a national edu- of adolescent develop- at William & Mary in “Hidden Landscapes” a commentator at the livering the opinion. cation program for law ment dovetails with his October as part of the at UCLA School of Law “Freedom, Choice, and enforcement officers work as a reporter for 2018 Brigham-Kanner on Oct. 10. Cannon also Contract” conference at Professors CALEB titled “Constitutional the American Law In- Property Rights Confer- is working on a chapter Columbia Law School NELSON and Foundations for Law stitute’s restatement on ence. She presented her on the history of the in October 2017. He pre- SAIKRISHNA Enforcement, Princi- children and the law own work on federalism Clean Water Act, com- sented “Class Actions and ples, Theory and Prac- under the leadership of in takings law as part of missioned by the School Private Antitrust Litiga- PRAKASH were also tice,” sponsored by the Columbia Law School the panel “The Federal- of Public and Envi- tion,” co-authored with cited. Robert H. Smith Center professor ELIZABETH In April, May and July, ism Dimension of Con- ronmental Affairs at Kathy Spier, at the Theo- “As an obscure—not to mention, pre-tenure—professor, I was grateful, to say the least, that the for the Constitution at SCOTT ’77. JOSH BOWERS presented stitutional Property,” Indiana University. He retical Law and Econom- Montpelier in October. Another focus of his article in prog- which honors the work will present a draft of ics Conference at Rice justices gave two hoots about what I had to say on the subject of Article III,” Bamzai said. “Now She plans to present a Bonnie’s activities ress, “What if Nothing of this year’s Brigham- the chapter at a May University in December. that the opinions are out, I’m doubly grateful that my argument drew reactions from three jus- paper at a festschrift for during this period was Works? On Recidivism, Kanner Prize recipient, peer-review workshop He presented “Apprais- tices I deeply respect and admire.” Robert F. Cochran Jr. at gun policy, particu- Crime Licenses, and Stewart Sterk. in Washington, D.C. ing the ‘Merger Price’ Pepperdine University larly advocating enact- Harm Reduction,” to The chapter will appear Appraisal Rule” with Eric Nelson’s 2007 paper “Adjudication in the Political Branches” was cited repeatedly in Justice School of Law in Feb- ment of “risk protec- audiences at UVA Law, in a book on the U.S. Talley at the Penn Cor- Clarence Thomas’ concurrence. Prakash’s 2015 paper “The Sweeping Domestic War Powers of ruary 2019. Armacost tion orders” authorizing St. John’s University Environmental Pro- porate Roundtable at the Congress” was cited in Justice Samuel Alito’s dissent. has also been invited to police to remove fire- School of Law, and the tection Agency’s man- University of Pennsylva- write a chapter on law arms from individuals Annual Meeting on Law dates, evolution, accom- nia Law School, also in “I’ve never seen an opinion that cites one person so many times,” Prakash said about Bamzai. and economics perspec- whose behavior dem- & Society. In May, the plishments, setbacks December. “It is extraordinary.” tives on torts for a book onstrates elevated risk Uniform Law Commis- and future challenges. Choi participated —Mike Fox of essays on private law for suicide or violence. sion appointed Bowers as a commentator at titled “Christianity and He wrote a newspaper to be lead reporter for the Supreme Court Law,” edited by Robert op-ed on this topic in its Committee on Alter- DARRYL BROWN ’90 Economic Review Cochran and Michael March and participated natives to Bail. In June, spent May and June Roundtable at the Moreland. In February in a webinar dissemi- the city of Charlottes- as a visiting fellow at Antonin Scalia Law

70 UVA LAWYER SPRINGFALL 2018 2018 SPRING FALL 2018 UVA LAWYER 71 FACULTY NEWS FACULTY NEWS

School at George Mason statutes and provides “Magna Carta’s Ameri- studying the case and 5—The Free Speech and México in Mexico City, University in Febru- an account of when, can Adventure.” Noting will have the opportu- Establishment Clauses,” explores the new global ary. He presented “The why and how Congress Justice Anthony Kenne- nity to travel to Wash- all from Eerdmans trend toward extending Design of Staged Con- engages with these dy’s retirement from the ington, D.C., to observe Publishing. “Religious constitutional rights to tracting,” co-authored norms to advance its Supreme Court, Howard the oral argument. Liberty Volume 1—Over- nonhuman nature. with George Triantis of legislative goals. traced Kennedy’s views and History” ap- In addition to his en- Stanford Law School, at In September, she embrace of Magna Carta peared in 2010, and “Re- vironmental law schol- a faculty workshop at presented her draft in keeping with the jus- ligious Liberty Volume arship, Livermore has the University of Penn- QUINN CURTIS has article “Predicting In May, MICHAEL RISA GOLUBOFF gave DEBORAH HELLMAN tice’s commitment to 2—The Free Exercise several projects in the sylvania Law School, focused on changes to Enemies” at Yale Law GILBERT presented a paper and partici- published “Liberty, the idea of a “living Con- Clause,” appeared in area of computational also in February. In the regulation of finan- School’s Law & Tech- “Optimal Entrench- pated in a festschrift Equality, Bribery, and stitution.” 2011. Also in Novem- analysis of law. With March, Choi partici- cial advice, respond- nology workshop. She ment of Legal Rules” at for Hendrik Hartog at Self-Government: Re- At a meeting in Char- ber, Wolters Kluwer several collaborators, pated in the Winter ing to the demise of also participated in the annual meeting of Princeton University in forming the Campaign lottesville organized will publish the fifth Livermore recently Deals Conference at the U.S. Department the Yale/Duke Round- the American Law and October. She also deliv- Finance Debate” in “De- by OneVirginia2021, edition of his casebook, published “Bending the the J. Reuben Clark of Labor fiduciary rule table on Foreign Rela- Economics Association ered keynote addresses mocracy by the People: Howard traced the DOUGLAS LAYCOCK gave “Modern American Law: Geometric Tools Law School at Brigham and the newly proposed tions Law, where she in Boston. In June, he to local organizations on Reforming Campaign origins and purpose of a lecture to an estimated Remedies: Cases and for Quantifying Influ- Young University; was a SEC Regulation Best discussed aspects of presented “Insincere topics ranging from civil Finance in America,” the requirement in the 1,600 people at the Materials.” This edition ence in the Multinet- commentator at Wein- Interest. His paper on a work-in-progress Evidence,” at the Law rights to the Supreme edited by Timothy K. GOLUBOFF Constitution of Vir- Chautauqua Institution has a co-author for work of Legal Opinions” berg Center Sympo- the fiduciary rule will related to reason-giving and Society Association Court. Kuhner and Eugene ginia that legislative dis- in August, on “Free Ex- the first time, Richard in the journal Artifi- sium at the University appear in the Harvard that happens in classi- conference in Toronto. Mazo (Cambridge Uni- ELECTED TO tricts be contiguous and ercise of Religion—from Hasen of the University cial Intelligence and of Delaware; presented Business Law Review. fied settings. That paper is co-au- versity Press, 2018) and compact. As efforts to Martin Luther to Mas- of California, Irvine. Law. That piece exam- “The Design of Staged Curtis’ other project is thored with Professor “Indirect Discrimina- AMERICAN counter partisan gerry- terpiece Cakeshop.” In ines how advances in Contracting” at the Law a study of the quality Sean Sullivan (Ph.D. tion and the Duty to ACADEMY OF mandering have foun- September, he gave the machine learning and and Economics Work- of 529 college savings ’11) at the Univer- Avoid Compounding dered in the Virginia Joseph Smith Lecture artificial intelligence can shop at the University plans, which calls at- sity of Iowa College of Injustice,” in “Founda- ARTS AND courts, Howard pointed on Religious Liberty, inform the study and of California, Berkeley tention to the issue of Law. Gilbert presented tions of Indirect Dis- to the need to create a sponsored by UVA’s De- practice of law search. School of Law; and pre- high cost and hidden two papers at the In- crimination Law,” edited SCIENCES nonpartisan commis- partment of Religious With frequent collab- sented “Contractarian risk in some plans. This ternational Society of by Hugh Collins and sion to take on the job of Studies, on “Liberty and orator Daniel Rock- RISA GOLUBOFF Theory and Unilateral paper is now available Public Law Conference ANDREW HAYASHI pub- Tarunabh Khaitan (Hart Dean , a nation- apportionment. Justice for All: What more, a math and com- Bylaw Amendments” at on SSRN. in Hong Kong: “Consti- lished “The Quiet Costs Publishing, 2018). Ad- ally renowned legal historian, the Supreme Court Did puter science professor the Corporate and Secu- KIM FERZAN gave the tutional Law and Eco- of Taxation: Cash Taxes ditionally, she spoke on was elected a fellow of the in Masterpiece Cake- MICHAEL LIVERMORE at Dartmouth College, rities Law Conference at Bloustein Lecture nomics,” co-authored and Noncash Bases” in a panel on “The Future American Academy of Arts shop,” and the inaugu- has an article forthcom- Livermore is also editing Tulane University Law in Law and Ethics at with Professor Robert the Tax Law Review. of Campaign Finance” and Sciences in April. ral Law and Religion ing in the Harvard Envi- a book tentatively titled School. He presented Rutgers Law School Cooter at the Uni- The article provides a at a conference on “The The academy is an honor- Lecture at the J. Reuben ronmental Law Review “Law as Data: Compu- “Class Actions and in April. This was the versity of California, framework for quanti- Constitution and Po- ary society founded in 1780 Clark Law School at with co-author Peter tation, Text, and the Private Antitrust Liti- 10th anniversary of Berkeley, and “Active fying the hardship ex- litical Parties” at Stan- that recognizes achievement Brigham Young Univer- Howard of New York Future of Legal Analy- gation” at the Law and the lecture series that Virtues,” co-authored perienced by taxpay- ford’s Constitutional in the natural sciences, social sity, on “The Broader University, titled “So- sis,” to be published by Economics Workshop at she created while at with Professor MAURI- ers who must pay taxes Law Center in May and sciences, law, arts and human- Implications of Mas- ciopolitical Feedbacks the Santa Fe Institute the University of Texas Rutgers. In May, she CIO GUIM S.J.D. ’18 at the on illiquid wealth or presented her paper ities. Its 4,900 fellows convene CALE JAFFE ’01 is terpiece Cakeshop.” For and Climate Change.” Press. The book will School of Law in April. In March, ASHLEY presented her paper Instituto Tecnológico income. His articles “Equality of What: De- to address global challenges. working with a coali- short versions of these The article explores the examine the potential He presented “Class DEEKS was elected to “Consent and Coer- Autónomo de México. “The Effects of Refund fining Algorithmic Fair- Goluboff, who became the tion of business and lectures, see his blog potential for climate for new computational Actions and Private the board of editors for cion” at the Neighbor- Gilbert and Guim pre- Anticipation Loans on ness” at Dartmouth first female dean of UVA Law community organiza- posts on SCOTUSBlog change damages to technologies to affect Antitrust Litigation” the American Journal hood Criminal Law sented that same paper the Use of Paid Prepar- College and at the 10th in 2016, is also the first woman tions in Southside Vir- (http://bit.ly/laycock- affect the social or polit- legal scholarship. at the American Law of International Law. Conference at the Uni- at UVA in June. ers and EITC Take-up” Anniversary Celebration on the faculty to be elected ginia (the Danville- cakeshop), and Take ical processes that de- and Economics Annual She also began to serve versity of Richmond During the summer, and “Tax Avoidance of Microsoft Research to the academy. She is among Pittsylvania County Care (http://bit.ly/lay- termine mitigation or Conference at Boston as supervising editor of School of Law. Gilbert served as an and Mergers: Evidence New England. four people elected this year Chamber of Commerce cock-blog), both pub- adaptation levels. The University School of AJIL Unbound, AJIL’s In July, Ferzan area organizer for the from Banks During the under the law category, in- and the Halifax County lished in June and co- paper includes an eco- Law in May. online supplement. gave a keynote lecture, 2018 meetings of the Financial Crisis” (co- cluding U.S. Supreme Court Tourism Authority, authored with Thomas nomic model that esti- He continues to In May, she spoke on “Consent and Coer- European Association authored with QUINN Justice Sonia Sotomayor. among them) to submit C. Berg. Laycock and mates how these effects serve as co-editor of several panels about cion,” at the Consent of Law and Econom- CURTIS and ALBERT Her scholarship and teach- an amicus brief to the Berg filed one of the few change estimates of the American Law and weapons systems that in Morality and Law ics. In October, he par- CHOI) are under review ing focuses on American U.S. Supreme Court in amicus briefs making the damages caused Economics Review, and will be used in future conference at Cam- ticipated in the Com- by peer-reviewed jour- constitutional and civil rights support of the com- a free-exercise-of-reli- by current emissions. associate editor of the armed conflicts, includ- bridge University, spon- parative Constitutional nals. Hayashi received a law. She is an affiliated scholar monwealth of Virginia gion argument in Mas- With co-author Caro- RUTH MASON spent the International Review of ing one panel at the sored by Cambridge Law Roundtable at grant from the Lincoln at the Miller Center and a in Virginia Uranium, terpiece, and to the sur- line Cecot of George summer in Amster- Law and Economics. New America Foun- University, the Cam- James Madison’s Mont- Institute for Land Policy faculty affiliate at the Carter Inc. v. Warren. Virginia prise of many, the court Mason University, dam, at the Interna- dation and another at bridge Forum for Legal pelier. to study the effects of A. E. DICK HOWARD ’61 G. Woodson Institute for Uranium Inc. alleges decided the case on Livermore also has a tional Bureau of Fiscal the Fugh Symposium and Political Philoso- Gilbert, Professor Maryland’s property as- has been named the African-American and African that the federal Atomic free-exercise grounds. chapter in an upcom- Documentation, where at The Judge Advocate phy, and the Society of DEBORAH HELLMAN, sessment practices. He Warner-Booker Distin- Studies, both housed at UVA. Energy Act pre-empts The remaining three ing volume, “Perspec- she was professor- General’s Legal Center Applied Philosophy. and other faculty from is currently working on guished Professor of In- She was elected to the Ameri- a Virginia statute that volumes of Laycock’s tives on Environmental in-residence. While and School. Ferzan’s article, the University will “Countercyclical Tax ternational Law. For his can Law Institute in 2017. bans uranium mining in collected writings on Law Scholarship: Essays in Europe, she pre- She published a book “Patty Hearst Re- co-lead a new UVA Bases,” an empirical chair lecture, Howard “It’s a privilege to be the state. Jaffe’s amicus religious liberty will be on Purpose, Shape and sented a forthcoming chapter on NATO’s 2011 considered: Personal Democracy Initiative study of the relationship presented on “Constitu- elected to the academy and to brief seeks to rebut published in Novem- Direction,” edited by Ole law review article on use of force in Libya for Identity in the Crimi- lab called “The Gover- between local tax bases tional Moments: Run- join such an esteemed group these claims, showing ber: “Religious Liberty W. Pedersen of New- state aid at the bureau, an Oxford volume on nal Law,” appeared in nance Initiative: Cor- and economic resilience nymede, Richmond, of scholars,” Goluboff said. that Virginia’s mining Volume 3—Religious castle University, United the Max Planck In- GEORGE COHEN pub- international law and the Ohio State Journal ruption in Institutions, during the Great Reces- and Budapest.” In his “I’m deeply honored. I’m ban was properly Freedom Restoration Kingdom, that exam- stitute for Tax Law lished “The Uncertainty the use of force, which of Criminal Law in a History, and Markets.” sion, and “The Law and remarks, Howard re- also thankful for the support enacted in 1982 to serve Acts, Same-Sex Mar- ines the role that eco- and Public Finance, of Sun Printing” in the came out this fall. She special tribute issue to The lab will promote Economics of Bad In- flected on his personal the Law School and UVA legitimate state inter- riage Legislation, and nomics has played in and the Vienna Uni- Touro Law Review for also published “Stat- Joshua Dressler. Her interdisciplinary re- tentions,” which revisits experiences and how have given me over the years, ests. TOBY HEYTENS ’00 the Culture Wars”; “Re- shaping environmen- versity for Econom- a symposium on Justice utory International piece, “Probing the search and dialogue on canonical results in the they have shaped his which has been critical to my is arguing the case in ligious Liberty Volume tal law scholarship. An ics and Business Benjamin Cardozo. He Law” in the Virginia Depths of the Respon- corruption. law and economics liter- teaching and writing growth as a legal historian and chief on behalf of the 4—Federal Legisla- additional project with Administration. Previ- spoke on “What Is a Journal of Interna- sible Corporate Offi- ature under the assump- about constitutions and scholar.” state as solicitor general. tion After the Religious MAURICIO GUIM S.J.D. ’18, ously, Mason partici- Law Firm?” in an ethics tional Law. The article cer’s Duty,” appeared tion that certain actors constitutionalism. —Mike Fox Jaffe anticipates that Freedom Restoration who recently took a po- pated with other pro- session for UVA alumni identifies the prolifera- in Criminal Law and are motivated by animus For the University students in the Environ- Act, with More on the sition on the law faculty fessors in an amicus in May. tion of international Philosophy. or malice. of Virginia Women’s mental and Regulatory Culture Wars”; and “Re- of the Instituto Tec- brief that was cited law throughout U.S. Club, Howard spoke on Law Clinic have been ligious Liberty Volume nológico Autónomo de by the U.S. Supreme

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Court in South Dakota Oceans Law and Policy Michael Hayden, a v. Wayfair, the block- held its 42nd annual former U.S. director of buster decision that conference in Beijing in national intelligence, removed the physical- May. The two-day con- spoke on “2017: Year of presence requirement ference discussed “Co- Disruption, 2018: Year of MATTHEW ’87 CHOSEN FOR HEALTH for states to impose sales operation and Engage- Consequences.” taxes on remote sellers. ment in the Asia Pacific In June, Moore gave DISPARITIES LEADERSHIP PROGRAM She presented Wayfair Region.” The event was a Lifetime Learning DAYNA BOWEN MATTHEW ’87 and its implications for JOHN MONAHAN has co-organized with the lecture on “Understand- DANIEL ORTIZ, acting Professor has been chosen for a yearlong executive lead- the U.S.-EU dispute recently published a National Institute for ing and Controlling as counsel of record, ership program to develop solutions for eliminating racial and ethnic disparities in over the taxation of the chapter on violence risk South China Sea Studies War” to UVA alumni. filed for the Supreme health care. digital economy at the assessment in criminal and the Chinese Society Court Litigation Clinic Matthew is attending the Disparities Leadership Program, hosted by Massa- University of Amster- law in the “Handbook of International Law. a cert petition and cert chusetts General Hospital in Boston, with Dr. Tracey Hoke, chief of quality and dam in June. Mason of Recidivism Risk A proceedings volume, reply in Ahsan v. Staples performance improvement at the UVA Health System, and Dr. Cameron Webb, di- presented her article Assessment” and a co-edited by Moore, will the Office Superstore rector of health policy and equity at the UVA School of Medicine. on the unconstitution- chapter on violence risk be published later this East, Inc., which asks UVA is just one of 13 organizations selected to participate in this year’s ality of New York’s tax- assessment in mental year. “The Marine En- whether the Seventh program, which brings together leaders from hospitals, health insurance plans residence rule to the health law in “The Roots vironment and United Amendment categori- and other health care organizations from across the nation in a series of meetings. state tax section at the of Modern Psychology Nations Sustainable De- cally bars appellate The UVA team hopes to improve UVA Health System data collection to annual meeting of the and Law: A Narrative velopment Goal 14 (Life review of denials of better evaluate patient outcomes while building from a strategic plan that will American Bar Associa- History.” The Pretrial Below Water),” co-ed- In May, TOM NACHBAR motions for a new trail offer physicians recommended measures to improve patient experiences. The tion. The article was co- Risk Management ited by Moore, the pro- hosted the inaugural made on the grounds authored with Michael Project, which Monahan ceedings from the cen- meeting of the Stanton that the weight of the Knoll of the University directs for the John ter’s recent Indonesian Series on Liberty and evidence is insufficient of Pennsylvania. D. and Catherine T. conference, is at press. Security, a meeting of to support the verdict; MacArthur Foundation, The Center for leaders from govern- an opening merits brief successfully convened Oceans Law and Policy ment, civil society, in- and merits reply brief in its first meeting. The successfully held the dustry and academia, Culbertson v. Berryhill, project fosters dialogue 23rd session of the for a candid discussion which concerns attor- among behavioral Rhodes Academy for of issues surrounding ney’s fees in social se- scientists, human rights Oceans Law and Policy the flow of informa- curity cases and which lawyers and statisticians in Greece in July. The tion and national secu- he will argue in Novem- fluent in machine three-week intensive rity. Shortly after that, ber; and a supplemen- learning. program, taught by he hosted the annual tary brief in response GREG MITCHELL was re- world-class faculty, at- UVA/International to the invited brief of cently elected a fellow tracts students from Committee of the Red the United States in of the Association for around the globe and is Cross workshop on the Pioneer Centres Holding Psychological Science organized by the center. law of armed conflict, Company Stock Owner- in recognition of his Moore taught three at which he provided ship Plan and Trust v. sustained outstand- classes at the academy. MAHONEY NAMED TO an overview of the law Alerus Financial, N.A., ing contributions to the The Center for of armed conflict to the which concerns the advancement of psy- National Security Law, SEC INVESTOR ADVISORY group. Over the summer, burden of proof on cau- chological science. In which Moore also he traveled to Oslo, sation in ERISA breach- September, Mitchell JOHN NORTON MOORE directs, held its two- COMMITTEE Norway, where he gave of-fiduciary-duty participated as a pan- reports that in April week 26th National a talk on the relation- cases. He also appeared elist in the symposium the Center for Oceans Security Law Insti- The U.S. Securities and Exchange Commission an- ship between the law before the Solicitor Gen- “One Year After Char- Law and Policy, which tute in June at the Law nounced in May that Professor PAUL G. MAHONEY was ap- of armed conflict and eral’s Office to discuss lottesville: Replac- Moore directs, spon- School. Moore taught pointed to its Investor Advisory Committee. international human the position the United ing the Resurgence of sored a workshop in several classes at the in- Mahoney is one of three new members to the group, rights law at a sympo- States should take in the Racism With Recon- Caplin Pavilion on “The stitute. The cosmopoli- which represents a wide variety of investor interests, in- sium organized by the Pioneer Centres case. evidence-based recommendations will be transmitted as part of the LEAN Hospi- ciliation,” sponsored by Law of the Sea Conven- tan class included stu- cluding those of individual and institutional investors, NATO Special Opera- tal Management System, which is currently used to monitor quality of care. UVA Law, the school’s tion and U.S. National dents from nine nations. and state securities commissions. tions Headquarters, and As a leader in UVA’s health equity efforts, Matthew’s goal is fewer readmissions Center for the Study Interests.” The Stock- The distinguished in- Members, who serve a four-year term, advise and to Münster, Germany, and fewer deaths. The knowledge she brings back will directly benefit patients in of Race and Law, the ton Center at the U.S. structors providing lec- consult with the commission on regulatory priorities; where he taught (with Charlottesville. Carter G. Woodson In- Naval War College was tures included Peter issues relating to regulating securities products, trading MICHAEL LIVERMORE) a “We are working to enhance the existing hospital management tools,” she said. stitute and the Virginia a co-sponsor. Three Singer, Robert Chesney, strategies and fee structures, and the effectiveness of course on current issues “Our recommendations will be presented with support of existing research and Law Review. Mitch- panels explored topics Laura Donohue, Spike disclosure; and initiatives to protect investor interests in American law at the new data analysis that we will collect, analyze and report.” ell’s recent publica- in oceans governance Bowman and Guy and promote investor confidence and the integrity of Westfälische Wilhelms- Before joining the UVA Law faculty in 2017, Matthew served on the University tions include “Com- and American national Roberts. The keynote the securities marketplace. Universität Münster. In of Colorado law faculty as a professor, vice dean and associate dean of academic paring Categorical and security and commercial address, held at the The Dodd-Frank Act authorizes the committee to August, back in Charlot- SAIKRISHNA PRAKASH affairs. In the public policy sphere, she worked with a law firm partner to found Probabilistic Finger- interests. The keynote Rotunda, was given by submit findings and recommendations for review and tesville, he taught part came out with an article, the Colorado Health Equity Project, served as the senior adviser to the director of print Evidence,” with speaker was Ambassa- Ambassador Robert consideration by the commission. of the Judge Advocate “Congress as Elephant,” the Office of Civil Rights for the U.S. Environmental Protection Agency, and was a Brandon Garrett and dor John Negroponte, Gallucci and was titled Mahoney is a David and Mary Harrison Distin- General’s Legal Center in the Virginia Law member of the health policy team for U.S. Sen. Debbie Stabenow of Michigan. Nicholas Scurich in a former U.S. director “Nuclear Deterrence in guished Professor of Law. An expert in securities regu- and School’s annual In- Review. He presented a Since joining UVA Law, Matthew has led the Equity Institute Initiative for the the Journal of Foren- of national intelligence. the 21st Century.” lation and corporate law, he served as dean of the Law telligence Law Course paper on “Synchronic- Redress of Inequities Through Community Engaged Research as principle inves- sic Sciences and “Judi- In April, the center also In April, the Center School from 2008-16. for judge advocates ity and Supreme Law” tigator. The group of faculty from more than 15 UVA departments, units and col- cial Decision Making: sponsored a lecture by for National Secu- His teaching and research areas also include law and and government civil- at the University of Illi- leges is financed by the Office of the UVA Executive Vice President & Provost with Individual and Situ- Damos Agusman, In- rity Law sponsored economic development, corporate finance, financial ian lawyers. This fall, his nois Constitutional Law a $100,000 grant this year. ational Differences” in donesia’s directorate the Bowman Distin- derivatives and contracts. His book, “Wasting a Crisis: paper “Antitrust and the Colloquium. In May, Matthew is the William L. Matheson and Robert M. Morgenthau Distinguished the book “Psychological general of legal affairs guished Lecture in In- Why Securities Regulation Fails,” was published by the Politics of State Action” he presented a paper Professor of Law and the F. Palmer Weber Research Professor of Civil Liberties Science and the Law,” and international trea- telligence and National University of Chicago Press in 2015. (which he presented at a University of Cali- and Human Rights. edited by Neil Brewer ties, who spoke on the Security Law at the —Mary Wood at William & Mary this fornia, Berkeley School —Mike Fox and Dan Heuchert and Amy Bradfield Indonesian approach to Daniel Morgan Gradu- past February) will be of Law symposium on Douglass. international law. ate School of National published in the William Amanda Tyler’s new The Center for Security. Retired Gen. & Mary Law Review. book, “Habeas Corpus

74 UVA LAWYER SPRINGFALL 2018 2018 SPRING FALL 2018 UVA LAWYER 75 FACULTY NEWS FACULTY NEWS

in Wartime.” In August, Fuller and Kelsen” at Katz’s new book, “The the Virginia Journal of the meaning of self-de- Supreme Court deci- with Russian Presi- article briefly explained he delivered the Stra- a conference about New Localism.” In Criminal Law. fense and the right to sion, Williams v. Penn- dent Vladimir Putin. how a little-known nahan Lecture at the the legal philosophy February, he partici- She gave two talks use force under inter- sylvania, that strongly Yin explained that any aspect of a little-known University of Toledo. In of Hans Kelsen at the pated in two Charlot- on the importance of national law. In August, signaled that the Due legislative effort—re- budget law might September, he attended University of Freiburg, tesville events under teaching, understand- his article, “Inferences Process Clause prohib- TEAM CO-LED BY STEPHAN ’77 quiring action in both have—and perhaps the Yale-Duke Foreign Germany. He gave a the title “Understand- ing and communicat- of Judicial Lawmaking its a commissioner at houses and possibly should have—scuttled Affairs Workshop. lecture in Toronto in ing Local Government,” ing scientific informa- Power and the Law of the U.S. Securities and COMPLETES FOREIGN RELATIONS having to overcome a completely the major October on “Legal Rea- and he was the opening tion, one at the Banbury Nations,” was published Exchange Commission LAW RESTATEMENT Senate filibuster and tax bill passed by Con- soning” at the annual ju- keynote speaker for Center meeting on in the Georgetown Law or similar federal en- presidential veto—was gress at the end of 2017. dicial conference of the the Virginia Munici- “Signals of Trust in Journal. forcement agency from entirely unnecessary With co-author Karen Ontario judiciary. pal League’s Newly Science Communica- voting to initiate an ad- Professor PAUL STEPHAN ’77 saw six years of work as a coordinating reporter for since the congressional Burke, Yin completed The French transla- Elected Officials Con- tion” and the other at ministrative enforce- the American Law Institute come to fruition in October when ALI published its tax committees already supplements to their tion of “Thinking Like ference. His draft “The the “Causal Cogni- ment case and later fourth restatement of foreign relations law. Stephan was a leader in the effort to had authority to obtain corporate and partner- a Lawyer”—“Penser en Cost of Conscience,” co- tion” conference at the sitting as an adjudicator compile the tome. the president’s returns, ship tax casebooks to Juriste”—was published authored with Nelson University of Chicago to review an adminis- Restatements are authoritative and influential reference books on judicial de- conduct an investiga- describe the many im- in Paris by Dalloz in Tebbe and MICAH Booth School of Busi- trative law judge deci- cision-making and legal practice. While not carrying the same weight as statutes tion and release them portant (and confusing) GEORGE RUTHERGLEN April. “What Counts as SCHWARTZMAN ’05, is ness. She published sion in the same case. and legal precedents, restatements often inform judicial decisions and are com- for possible disclo- changes made by the spent the summer Law?” was published as forthcoming in a sym- a reference chapter piled by prominent sure to the public (all new law. working on new edi- the Seegers Lecture in posium published by called “Open Science,” legal scholars working without the president’s Yin participated in tions of three casebooks, the Valparaiso Univer- the Kentucky Law with Elizabeth Gilbert GREGG STRAUSS will under the auspices of consent). With the Re- two programs at the “Employment Discrimi- sity Law Review. “Sta- Review. His essay and Katie Corker, in publish “What’s Wrong the ALI. publicans holding a Association of Ameri- nation,” “Civil Rights tistical (and Non-Statis- “Jews, Not Pagans,” “The Stevens’ Hand- with Obergefell” in the “The Restate- mere one-vote majority can Law Schools 2018 Actions” and “Trans- tical) Discrimination” co-authored with book of Experimen- Cardozo Law Review ment (Fourth) of the in the Senate Finance Annual Meeting held in national Civil Litiga- was published in the Schwartzman, will tal Psychology and this December. He Foreign Relations Law Committee, there San Diego: “Congres- tion.” He has also been “Routledge Handbook appear in a San Diego Cognitive Neurosci- argues that the U.S. of the United States” would not need to be sional Procedure, Poli- writing articles on civil of the Ethics of Dis- Law Review sympo- ence.” Spellman also Supreme Court’s same- addresses jurisdiction, much bipartisan agree- tics, and Power,” spon- procedure and employ- crimination,” edited by sium issue. His article co-authored a com- sex marriage opinion G. EDWARD WHITE’S the domestic effect of ment for the authority sored by the Committee ment discrimination. Kasper Lippert-Ras- “The Attack on Ameri- mentary with Nobel violates norms of public book, “Law in Ameri- treaties and sovereign to be exercised. on Legislation & Law mussen. “Lawness” can Cities” was pub- Prize winner Daniel reason by glorifying can History, Volume immunity, among Yin and Duke law of the Political Process, was published in the lished in the Texas Law Kahneman about the marriage in ways that III, 1930-2000,” is now other topics. professor Lawrence and “Tax Legislation Washington University Review in May. recent past changes insult nonmarital fami- in production with The scholarship Zelenak organized a in the 115th Congress,” Law Review. The 2018 in scientific practices, lies. This fall he pre- Oxford University is partly intended to symposium issue pub- sponsored by the Com- edition of “Leading and predictions about sented “What Role Press, and publication inform judges about lished in 2018 for Law mittee on Taxation. He Cases in Constitutional future scientific prac- Remains for De Facto is expected sometime the international and Contemporary also joined a May panel Law” (with co-authors tices, in response to the Parenthood” at the in 2019. He expects the repercussions of past Problems on “The Past, on “The Byrd Rule and Jesse Choper, Richard so-called “replication University of Illinois following papers to be decisions and partly Present, and Future of the Tax Legislative Fallon Jr. and Michael crisis.” It is titled “What College of Law faculty published during the to educate foreign the Federal Tax Leg- Process,” sponsored by FREDERICK SCHAUER Dorf ) was published the Replication Refor- workshop series, the academic year: “A Lost policymakers and islative Process.” The the Tax Policy and Sim- gave a public lecture on during the summer, as mation Wrought” and Constitutional Law Search for a Generic academics about the two prepared a fore- plification Committee “Law and Force” at the was the “2018 Supple- appears in Behavioral Colloquium at Loyola Tort Action Protecting specifics of the U.S. word introducing all of of the ABA Tax Section University of Calabria ments to Constitutional GIL SIEGAL co-authored and Brain Sciences. University Chicago ‘Peace of Mind,’” in the legal system, Stephan the articles, including in Washington, D.C., in Catanzaro, Italy, in Law” (with the same co- “Beyond Nature? School of Law and the Journal of Tort Law; said. Yin’s “Crafting Struc- with his contribution April. He presented a authors) and the “2018 Genomic Modifica- Junior Faculty Work- “Looking Backward “The focus is more tural Tax Legislation forming the basis of the paper on “On Treating Supplement to The First tion and the Future of shop at Marquette Uni- and Forward at the Sus- on process than in a Highly Polarized article published in Tax Like Cases Unalike” at Amendment” (with Humanity,” published versity Law School. In pension Clause,” in the particular substantive Congress.” His article Times. a conference on prec- Choper and Dorf ). in Law & Contempo- June, he served as co- Michigan Law Review; outcomes,” he said. explained how and why Finally, Yin chaired edent at the University rary Problems, with chair of and presented and “The Puzzle of the “We look at topics changes in the tax leg- a faculty committee of Richmond, also in JULIA MAHONEY. He at the Family Law Dignitary Torts,” with such as institutional islative process, par- that helped prepare the April. He gave the Allen presented “Treating Scholars and Teach- KENNETH S. ABRAHAM, capacity, in part so ticularly the greater Law School’s self-as- and Overy Lecture at Hunger Strikers: Amer- ers Conference, held at in the Cornell Law observers can tell the dominance of partisan sessment report in con- the University of Surrey ican and International A. BENJAMIN SPENCER the Yeshiva University Review. difference between the job of a particular actor—such as the judiciary—and the legislators and staffers nection with the ABA’s in the United Kingdom Dimensions” at the 41st has published the fifth Benjamin N. Cardozo considered policy of the United States with respect to the rest of the world.” during the past 25 to reaccreditation site visit in May with the title Health Law Professors edition of his widely School of Law, and the Stephan is an expert on international business, international dispute resolution 30 years, have made it in 2018. In addition, “But That’s Not Law! Conference at Case used casebook, “Civil Mid-Atlantic Junior and comparative law, with an emphasis on Soviet and post-Soviet legal systems. more difficult to enact during the fall, he was Changing Conceptions Western Reserve Procedure: A Contem- Faculty Forum, held at He is the John C. Jeffries, Jr., Distinguished Professor of Law and the John V. Ray structural tax legisla- shocked to discover a of the Valid Sources of RICHARD SCHRAGGER School of Law in Cleve- porary Approach.” the University of Rich- Research Professor of Law at UVA. tion designed to pre- very distant relation- Law.” He gave a lecture appeared on a panel land in June. Also, his article “Sub- mond School of Law. Stephan shared coordinating reporter duties with Sarah Cleveland of Columbia serve the coherence ship with W.W. Yen, a on “Sanctions for Acts or dedicated to his book stance, Procedure, and Law School and worked with six additional reporters. All of the reporters were of existing law and distinguished diplo- Sanctions for Actors?” “City Power: Urban the Rules Enabling Act” accomplished academics with diverse viewpoints and knowledge of languages improve its efficiency, mat who served as both at the World Congress Governance in a Global was accepted for pub- such as Russian, Chinese, French and German. equity or administra- foreign and prime min- on Evidential Reason- Age” at the Urban lication by the UCLA In August, The Wash- The third restatement was published in 1987, and Stephan said much has bility. Yin presented a ister of China during ing in Girona, Spain, Affairs Association Law Review. ington Post published changed in the field of international law: “There is a lot more law.” draft of the article to a the first half of the 20th in June. He spoke on Annual Meeting held GEORGE YIN’S “Five In September, Stephan received the Law School’s Roger and Madeleine group of tax academ- century. Yen was UVA’s “Freedom of Speech in Toronto in April. In Myths About Presi- Traynor Faculty Achievement Award, which recognizes scholarship by a senior ics at the fourth annual first Chinese student on College Campuses” March, he participated dent Trump’s Income faculty member, partly for his work on the restatement. “Paul’s scholarly career UVA Invitational Tax and first international at Wellesley College in a conference at the Tax Returns.” Among is marked by distinction in every respect—in his publications, the impact of his Conference held in student to earn a bach- in September. He pre- Georgetown Univer- BARBARA SPELLMAN ANDREW VOLLMER ’78 other things, the op-ed scholarly endeavors on the law, and in his actual public service as a legal adviser,” Charlottesville. elor’s degree, and the sented a paper on sity Law Center titled spoke at the UVA Law wrote “Accusers as Ad- responded to calls to Dean RISA GOLUBOFF said. Yin also published discovery arose when “Rightful Deprivations “Unfinished Business: conference “Forensics, judicators in Agency enact new legislation The next Sokol Colloquium at the Law School, to be held Jan. 11-12, will focus “How the Byrd Rule the University decided of Rights” at the Dart- The Fair Labor Stan- Statistics and Law” re- Enforcement Pro- to mandate disclosure on the fourth restatement, and will include advisers to the project and leading Might Have Killed the to name one of the mouth College Confer- dards Act 80 Years garding “Talking to ceedings,” forthcom- of the president’s tax specialists in foreign relations law. 2017 Tax Bill … and buildings in its Inter- ence on Law and Philos- Later,” and appeared REAL People About In May, PAUL ing in the University of returns and possibly —Mike Fox Why It Didn’t” in the national Residential ophy in September. He at the Miller Center for Forensic Statistics.” An STEPHAN ’77 gave a Michigan Journal of clear up some of the August issue of the College after Yen. lectured in September Public Affairs in a con- edited version of her lecture at Sapienza Law Reform. The topic mysteries surrounding American Bar Associa- on “Fuller on Kelsen; versation about Bruce remarks will appear in University in Rome on of the paper is a 2016 his Helsinki summit tion’s Tax Times. This

76 UVA LAWYER SPRINGFALL 2018 2018 SPRING FALL 2018 UVA LAWYER 77 FACULTY NEWS VITA

IN MEMORIAM: GORDON HYLTON ’77 LEGAL HISTORIAN AND NGSL CO-FOUNDER

Professor J. GORDON HYLTON, a legal historian and prop- from students, faculty and staff before his death. erty expert at the Law School, died May 2 from complica- Hylton was a beloved instructor celebrated for his tions due to cancer treatment. He was 65. teaching style, having won numerous awards during his Hylton, a 1977 Law School graduate who co-founded two-decade career at Marquette University Law School, UVA’s North and before that, Grounds Softball the Chicago-Kent League, returned College of Law at to his alma mater the Illinois Institute VITA in 2015 to join the of Technology. faculty full-time. In addition to his “We are heartbro- law degree, Hylton ken to lose one of our earned a master’s own,” Dean Risa Gol- from UVA as one uboff said. “Gordon of the first gradu- was a legend at the ates of the J.D.-M.A. Law School for his program in history. tremendous knowl- He would later earn edge of our history, a Ph.D. in the history for his love of sharing of American civiliza- stories from the civil tion from Harvard rights era, and for his University. He warmth and gener- majored in history osity. Whether the and English litera- A conversation was ture as an under- about African-Amer- graduate at Oberlin ican lawyers or how College. softball influenced Historical re- Judge the social scene at search—and sharing UVA, I would in- a good yarn with evitably walk away others—meant ev- onthe with a deeper un- erything to him. derstanding of our “I like the inter- shared culture and changes with stu- history.” dents in class, and World

Hylton died sur- I like having the OF JUSTICE COURT INTERNATIONAL rounded by family freedom to pursue and friends. He was topics that interest able to witness and me,” he once said in Court share in an impor- a Law School Q&A tant moment in about why he loved UNIVERSITY his daughter’s life his job. before he died. Hylton’s legal OF TOKYO PROFESSOR HYLTON, front-row center, with 2017 North Grounds Softball League invitational participants. “Gordon was able writing often YUJI IWASAWA S.J.D. ’97 to participate in his daughter’s wedding at the hospital,” focused on the history of lawyers, civil rights and sports. Joins the International Goluboff said. “All of his children, several cousins, some Before his passing, he had been working on several proj- Court of Justice PAGE 80 close friends and the groom’s parents were all present.” ects, including a history of the Law School and research She added that Hylton was able to speak to several Law on Virginia’s black lawyers. School classmates and to receive cards and well wishes —Eric Williamson 3 Making Class Alumni In The an Impact Notes Books Memoriam Last Word 82 85 104 106 108 78 UVA LAWYER SPRINGFALL 2018 2018 FALL 2018 UVA LAWYER 79