20 21 yale law report summer 2010 faculty activities

Bruce Ackerman • Yale Law School, Constitution in 2020 Conference, lectures and addresses panelist • The Tanner Lectures at Princeton University, publications “The Decline and Fall of the American Republic” • Resisting Guantánamo: Rights at the Brink of (forthcoming from Harvard University Press, Fall 2010) Dehumanization, 103 Nw U. L. Rev. 1683 publications • The Citizenship Agenda, in J. Balkin & R. Siegel eds., Ian Ayres The Constitution in 2020 109 (2009) lectures and addresses Bruce Ackerman • The United States Should Adopt an “Emergency • HSM ExpoManagement Conference, San Paulo, Constitution” to Preserve Civil Liberties in an Age of “Thinking By Numbers” Terrorism in R. Ellis & M. Nelson eds., Debating • Valparaiso University, School of Law, keynote lecture, Reform (2010) “Market Testing HOEPA” • What Will Congress Do About Afghanistan? • Georgia State University, College of Law, The (with O. Hathaway), Slate, December 9, 2009 46th Henry J. Miller Lecture, “Legal Barriers to • Despite Court Ruling, Congress Can Still Limit Campaign Diversification” Finance (with I. Ayres), Wash. Post, January 26, 2010 publications • How to Counter Corporate Speech (with D. Wu), • Lifecyle Investing: A New, Safe, and Audacious Way Muneer Ahmad Wall St. J., January 28, 2010. to Improve the Performance of Your Retirement • How to Keep Future John Yoos Under Control, Portfolio (2010) Wash. Post, February 23, 2010 • A Market Test for Credit Cards, available at http:// • How Biden Could Fix the Senate, American Prospect, www.forbes.com/forbes/2009/0713/opinions-market- March 15, 2010, available at http://www.prospect.org/ credit-cards-why-not.html, Forbes, June 25, 2009 cs/articles?article=how_biden_could_fix_the_senate • Despite Court Ruling, Congress Can Still Limit Campaign • How to Swing Congress (with O. Hathaway), L.A. Times, Finance, available at http://www.washingtonpost. April 3, 2010 com/wp-dyn/content/article/2010/01/25/ AR2010012502970.html, Wash. Post, Jan. 26, 2010 Muneer Ahmad Ian Ayres lectures and addresses Jack M. Balkin • Yale Law School, Graduate Works-in-Progress lectures and addresses Symposium, Criminal Justice and Human Rights, • Federalist Society Conference on Originalism 2.0, commentator Philadelphia, Pennsylvania, “The Reconstruction • Yale Law School, Immigration Theory & Practice Power” Workshop: Immigration and Labor, co-facilitator • Conference on Originalism, University of San Diego • Yale Law School, Immigration Reform at the School of Law, “Why Original Meaning?” Crossroads: A Discussion with Administration and • American Association of Law Schools Conference, New Congressional Insiders, co-facilitator with L. Guttentag Orleans, Louisiana, “Models for Funding Journalism” Jack M. Balkin • Neil Gotanda Lecture in Asian American and “The First Amendment and Cyberstalking” Jurisprudence, University of California, Berkeley Law • Conference on Journalism and the New Media School, “Resisting Guantánamo: Rights at the Brink of Ecology, Yale Law School, “Journalism and Democracy” Dehumanization” publications • Faculty Workshop, University of California, Berkeley • Is the Health Care Law Unconstitutional?, Room for Law School, “Lawyering Citizenship” Debate, N.Y. Times, March 28, 2010 • Yale Law School, Imprisoned: Thirteenth Annual Liman Colloquium, From Classification to Reentry: Gender, Race, and Incarceration, moderator • The Constitutionality of the Individual Mandate other professional highlights for Health Insurance, New Eng. J. Med., 10.1056/ • Recipient of the Association of American Law Schools NEJMp1000087, January 13, 2010, available at http:// Award for Lifetime Service to Legal Education and to healthcarereform.nejmorg/?p=2764&query=home the Law, New Orleans, LA • A Healthy Debate: The Constitutionality of an Individual Mandate, 158 U. Penn. L. Rev. PENNumbra 53 Mirjan R. Damasˇka (2009) (with D. B. Rivkin, Jr., and L. A. Casey), available lectures and addresses at http://www.pennumbra.com/debates/pdfs/ • International Conference on the Future of the Robert A. Burt HealthyDebate.pdf Adversarial System, North Carolina University School • The Laws of Change: I Ching and the Philosophy of of Law, “Does International Criminal Justice Expose Life (2d ed. 2009) Fair Procedure Principles to Sui Generis Pressures?” publications Robert A. Burt • The International Criminal Court Between Aspiration lectures and addresses and Achievement, 14 UCLA J. Int’l L. & Foreign Aff., • Institute for Learning in Retirement, Albertus Magnus 19-36 (2009) College, New Haven, “Rationing Health Care—Do’s • Korijeni Kaznenog prava i Rimska Crkva (“The Roots and Don’t’s” of Criminal law and the Church of Rome”), Liber Guido Calabresi • Humanities in Medicine Lecture, Yale Medical School, Amicorum Zvonimir Separovic, 97-117 (2009) “The Perils of Medical Perfectionism” • Prigovori Jednoj Presirokoj Dokaznoj Zabrani • Notre Dame Law School, “The Political Theory of the (“Objections to an Overbroad Exclusionary Rule of Bible” Evidence”), 16 Hrvatski Ljetopis za Kazneno Pravo i • Yale Multidisciplinary Pain Symposium, Yale Medical Praksu (Croatian Annual of Criminal Law and Practice) School, “Protecting against Legal Vulnerabilities in 845-857 (2009) Medical Pain Management” publications Drew S. Days, III • “Doctors vs. Lawyers: The Perils of Perfectionism,” lectures and addresses 53 St. Louis U. L.J. 1177–88 (2009) Mirjan R. Dama˘kas • Annual National Heritage Lecture at the Supreme • Regulando la sexualidad. Libertad frente a igualdad, in Court, Office of the Solicitor General, Washington, DC, Derecho y sexualidades (Seminario en Latinoamerica panelist de Teoria Constitucional y Politica, SELA 2009) 37-56. • Rebellious Lawyering Conference, Yale Law School, “Redefining Discrimination after Ricci v. DeStefano,” Guido Calabresi moderator/panelist lectures and addresses • Important Questions of Federal Law: Assessing the • Address to Yale Law School Alumni in Teaching, Supreme Court’s Case Selection Process Symposium, New Orleans Yale Law School, panelist • 2010 Annual Meeting of the Association of American Drew S. Days III Law Schools, New Orleans, LA, keynote luncheon John J. Donohue III address lectures and addresses • Delivered principal address (Lectio Magistralis) at an • Death Penalty Clinic; Graduate Student Seminar; all-day seminar/conference on “The Future of Torts” Yale Law School: “The Challenge to the Connecticut held at CNF (Consiglio Nazionale Forense), Rome, Italy Death Penalty” • Discussion with Judge Stephen Reinhardt (9th Circuit), • Faculty Workshop, University of Chicago Economics “My Life in Judging,” sponsored by the American Department, “The (Lack of a) Deterrent Effect of Constitution Society of Yale Law School Capital Punishment” • Delivered remarks, Connecticut Bar Foundation 16th • NBER Conference on Economical Crime Control, Boalt John J. Donohue III Annual Meeting, New Haven, CT Hall, Berkeley, CA, “Rethinking America’s Illegal Drug • Panelist, Americordo: The Italian Jewish Exiles in Policy” the Americas, Centro Primo Levi, Italian Academy at • Seminar for Spanish Law Professors, Harvard Law Columbia University, New York School, “Rethinking America’s Illegal Drug Policy” • Panelist for Kirkwood Moot Court Finals, Stanford Publications Law School, Stanford, CA • The Politics of Judicial Opposition: Comment, • Panelist for “A Moot Court: Rationing Health Care,” J. Institutional and Theoretical Econ., 166(1), The Peter Jennings Project for Journalists and the 108-114 (2010) Constitution, Philadelphia, PA • Introduction to the Death Penalty Symposium, 11 Am. L. & Econ. Rev. (Fall 2009) (with S. Shavell) 22 23 yale law report summer 2010

• Estimating the Impact of the Death Penalty on other professional highlights Murder, 11 Am. L. & Econ. Rev. 249 (Fall 2009) • Administrative Law Section, American Bar Association, (with J. Wolfers) Award for Best Article on Administrative Law, • The Impact of the Death Penalty on Murder, October 2009 (for Eskridge & Baer, The Continuum Criminology & Pub. Pol’y (November 2009, Volume 8, of Deference: Supreme Court Treatment of Agency Issue 4) at pp. 795-801 Statutory Interpretations from Chevron to Hamdan, 96 Geo. L.J. 1083 (2008)) Steven B. Duke • Written and Oral Testimony Before the House Comm­ lectures and addresses ittee on Education and Labor, September 23, 2009, Steven B. Duke • Debate with John Walters, former drug czar, The Employment Non-Discrimination Act on the legalization of drugs, Yale Law School • Written Testimony Before the Senate Committee on • “Imprisoned but Innocent: Wrongful Conviction Health, Education, Labor, and Pensions, November 5, After 21 Years in Prison,” Yale Law School, moderator 2009, The Employment Non-Discrimination Act • Rebellious Lawyering Conference, Yale Law School, “The High Point Initiative,” moderator Daniel C. Esty • ACLU Conference Debate, Yale University, “Marijuana lectures and addresses Should be Legalized” • U.S. –India Energy Partnership Summit, Washington, publications DC, “Institutional Arrangements for Promoting Clean Robert C. Ellickson • Mass Imprisonment, Crime Rates and the Drug War: Energy: Sharing Best Practices” A Penological and Humanitarian Disgrace, 9 Conn. • Brick Works Forum, Toronto, Canada, “Leadership, Pub. Interest L. J. 17 (2010) Innovation and Sustainability” public service • New York City Bar, New York, “Success vs. Real Success • Connecticut Commission on Medicolegal at Copenhagen” Investigations • Greenwich Land Trust, Greenwich, CT, “Going Green in Tough Economic Times” Robert C. Ellickson • EPA Climate Leaders Conference, National Harbor, lectures and addresses Maryland, “Why Environmental Data Matters” William N. Eskridge, Jr. • Conference on “For Love or Money?,” Washington • Yale Forum on International Law, New Haven, University Law Center for Interdisciplinary Studies, “Towards a Global Governance Structure for Climate Saint Louis, Missouri, comments on Larry Ribstein, Change” “Incorporating the Hendricksons” • ExpoManagement: Ideas for Change, Mexico City, publications “Green to Gold” • Federalism and Kelo: A Question for Richard Epstein, • World Economic Forum, Davos, Switzerland, 44 Tulsa L. Rev. 751 (2009) “Managing the Global Commons” • Council on Foreign Relations, Washington, DC, “Next William N. Eskridge, Jr. Steps in the Climate Change Negotiations Process” Daniel C. Esty lectures and addresses • Global Competitiveness Forum, Riyadh, Saudi Arabia, • The Sibley Lecture, University of Georgia, “Noah’s “Green to Gold” Curse and Paul’s Admonition: What the Civil Rights • Environmental Law Institute, Implementing Cases Can Tell Us About the Conflicts Between Gay Climate Change Policy Workshop, Washington, DC, Equality and Religious Liberty” “Galvanizing Business on Climate Change” • The Foulston Siefkin Lecture, Washburn University • Makati Business Club, Manila, The Philippines, School of Law, “Should Political Powerlessness Be a “Green to Gold” Requirement for Heightened Scrutiny?” • Ivy Leadership Summit, New Haven, CT, • American Constitution Society, University of Nebraska “Environmental Challenges” School of Law, “Perry v. Schwarzenegger and the • Wall Street Journal ECO:nomics: Creating Future of Gay Rights” Environmental Capital, Santa Barbara, CA, “Business publications Opportunities Post-Copenhagen” • The Supreme Court of California 2007-2008, Foreword: • The Economist Innovation Summit: Fresh Thinking for The Marriage Cases—Reversing the Burden of Inertia the Ideas Economy, Berkeley, CA, “Green At Last” in a Pluralist Constitutional Democracy, 97 Calif. L. Rev. • Massachusetts Institute of Technology, Cambridge, 1785 (2009) MA, “Toward an Innovation-Centered Climate • A Pluralist Theory of the Equal Protection Clause, Change Strategy” 11 U. Pa. J. Const’l L. 1239 (2009) • INSEAD, Fontainbleau, France, “Putting Innovation at the Heart of Environmental Policy” faculty activities

publications • J. Skelly Wright Inaugural Lecture, Yale Law School, • Book Review, Global Warming and the World Trading “Federalism All the Way Down” System, World Trade Rev., vol. 9, no. 1 (January 2010), • Conference, Drawing the Lines: The Future of pp. 1-4 Redistricting in America, Duke Law School, keynote • The Sustainability Imperative: Lessons for Leaders address, “The Future of Redistricting Reform” from Previous Game-Changing Megatrends • Testimony before the Senate Committee on Rules and (with D. A. Lubin), Harv. Bus. Rev. (May 2010), pp. 42-50 Administration on campaign-finance regulation in • Lessons from Copenhagen, U.N. Global Compact the wake of Citizens United. Testimony available at Owen M. Fiss International Yearbook 2010 http://www.law.yale.edu/documents/pdf/News_&_ • Copenhagen Or Bust?—Blog­ , Nat’l J. (2010) Events/gerkentestimony020210.pdf • Economic Integration and Environmental Protection, • The Past, Present, and Future of Election Law: A in The Global Environment: Institutions, Law, Symposium Honoring Daniel Hays Lowenstein, UCLA and Policy, 3rd edition (edited by R.S. Axelrod, S.D. Law School, “The Gap Between Political Science and VanDeveer & D. Downie) Election Law” • 2010 Environmental Performance Index (with J. • Legal Theory Workshop, Cornell Law School, Emerson, M.A. Levy, C. Kim, V. Mara, A. de Sherbinin “Uncooperative Federalism” & T. Srebotnjak), Yale Center for Environmental • Symposium on the Presidential Nominating Law & Policy, available at http://epi.yale.edu Process and American Democracy, Political Science Heather K. Gerken Quarterly, New York, “Creating Better Heuristics for Owen M. Fiss the Presidential Nominating Process: Why a Citizen lectures and addresses Assembly Beats Out Iowa and New Hampshire” • Talk at Books & Company, Hamden, CT, “Obama’s War publications on Terror” • Mexico’s Election Reforms: A Comparative View, • Fourth Child Policy Forum of New York, “Brown in the 2 Mexican L. Rev. 163 (July-December 2009) Age of Obama,” available at http://www.brooklyn. • In Praise of Rankings, John L. Gedid Lecture Series, cuny.edu/pub/departments/childrenstudies/1605.htm 19 Widener L. Rev. 1 (2009) • Yale Senior Fellowship Talk, “Imprisonment without • Dean’s Lecture, The Invisible Election: Making Policy in Robert W. Gordon Trial” World Without Data, 35 Ohio N.U. L. Rev. 1013 (2009) • Rebellious Lawyering Conference, Yale Law School, • Making Democracy Work, Book Review (The Concept School Reform Panel, moderator of Constituency: Political Representation, Publications Democratic Legitimacy, and Institutional Design, • Obama’s Betrayal, Slate, December 4, 2009, 12-22 by A. Rehfeld; Saving Democracy: A Plan for Real • Américo como ejemplo, El Cronista del Estado Social Representation in America, by K. O’Leary), y Democrático de Derecho (in Spanish), November 8, 37 Pol. Theory 838 (2009) 2009, 4 – 14 • The Real Problem With Citizens United, Am. Prospect other professional highlights Online (January 22, 2010) • Codirector of the Linkages Program, February 2010 • A Silver Lining, N.Y. Times Online (January 21, 2010) • Codirector of the Middle East Legal Studies Seminar • Will History Repeat Itself?, Huffington Post (MELSS), History and Identity, Marrakech, Morocco (October 29, 2009) • Member of Advisory Selection Committee, Fellowship other professional highlights Program, Open Society Institute, NYC • Testified before the Senate Rules Committee on • Chair, Board of Directors, Iran Human Rights reform in the wake of Citizens United Documentation Center, New Haven, CT • Efforts to create the first Democracy Index, an idea proposed by Professor Gerken, are underway in India Heather K. Gerken with a pilot project in Bangalore lectures and addresses • Fordham Faculty Workshop, Fordham Law School, Robert W. Gordon “Federalism All the Way Down” lectures and addresses • Columbia Legal Theory Workshop, Columbia Law • Teagle Seminar, National Humanities Center, Durham, School, “Federalism All the Way Down” NC, paper on “The Rule of Law and Construction of • Law of Democracy Symposium, Indiana Law Self” School, keynote, “What Election Law Has to Say to • University of Connecticut School of Law Colloquium, Constitutional Law” “The OLC Torture Memos and Professional Ethics” • Janagraaha, Bangalore, India, “The Democracy Index in India” 24 25 yale law report summer 2010

• Program on Law and Public Affairs, Princeton • Co-counsel, Brief for Non-Governmental University, Colloquium on Possible Futures of the Organizations and Scholars as Amici Curiai in Support Legal Profession of Rehearing or Rehearing En Banc, Al-Bihani v. publications Obama, Court of Appeals for the D.C. Circuit • The Role of Lawyers in Producing the Rule of Law: Some (March 22, 2010) Critical Reflections, 11 Theoretical Inquiries in Law • Counsel of Record, International Law Experts Brief, 441-468 (2010) Kiyemba v. Obama, United States Supreme Court (December 2009) Henry Hansmann • What Will Congress Do About Afghanistan?, Henry Hansmann lectures and addresses Slate, (December 9, 2009) (with B. Ackerman) • Corporate Separateness Conference, Vanderbilt Law other professional highlights School, keynote lecture on “Legal Entities” • Admitted to U.S. Supreme Court Bar (2009) • Harvard Law School Law and Economics Workshop, • Appointed to Executive Committee, the MacMillan presented paper on “Economic and Legal Entities as Center, Yale University Transferable Bundles of Contracts” Dan Kahan Oona A. Hathaway publications lectures and addresses • Culture, Cognition, and Consent: Who Perceives What, Oona A. Hathaway • Inaugural Address on the occasion of becoming the and Why, in “Acquaintance Rape” Cases, 158 U. Pa. L. Rev. Gerard C. and Bernice Latrobe Smith Professor of 729 (Feb. 2010), available at http://papers.ssrn.com/ International Law, Yale Law School sol3/papers.cfm?abstract_id=1437742 • Columbia University Public Law Workshop, New York, • Fixing the Communications Failure, 463 Nature 296 NY, “Limited War and the Constitution” (Jan. 2010), available at http://www.nature.com/ • American Society of International Law, Washington, nature/journal/v463/n7279/full/463296a.html DC, “Sounding a Cautionary Note on Revising the • Cultural Cognition and Public Policy: The Case of Restatement (Third) of Foreign Relations Law” Outpatient Commitment Laws, 34 L. & Human • Arizona State University, Phoenix, Arizona, “The Past, Behavior 118 (Jan. 2010) (with D. Braman, J. Monahan, Dan Kahan Present, and Future of International Lawmaking in the L. Callahan & E. Peters), available at http://www. United States” springerlink.com/content/fh377338110h7434/ • American Bar Association of New York, New York, NY, • Nanotechnology and Society: The Evolution of Risk “The Enforcement of International Law in U.S. Courts” Perceptions, 4 Nature Nanotechnology 705 (Nov. • American Society of International Law, Washington, 2009), available at http://www.nature.com/nnano/ DC, “The Role of Ethics in Public International Law” journal/v4/n11/full/nnano.2009.329.html • The Federalist Society Annual National Lawyer’s Convention, Washington, DC,“The Case for Paul W. Kahn International Law” lectures and addresses Paul W. Kahn • Constitution in 2020, America and the World panel, • The Faculty of Law, University of Copenhagen, Yale Law School, “America in the World: Making Law “The Cultural Study of Law” and Marking War” • The Danish Institute for International Studies, • University of Pennsylvania School of Law, Philadelphia, “Torture, Terror and the Sovereign Imagination” PA, “Is International Law Law?” (with S. Shapiro) • Conference on Religion, Civil Religion and Human publications Rights, University of Copenhagen, “A Civil Religion • The Case for Promoting Democracy Through Export of Human Rights?” Control, Harv. J.L. & Pub. Pol’y 17 (2010) • Seminar on Legal and Political Theology, Center for • Presidential Power over International Law: Jewish Law and Contemporary Civilization, Cardozo Restoring the Balance, 119 Yale L.J. 140 (2009) Law School, “American Exceptionalism and the • How to Swing Ams Control: Obama Can Model Nixon Problem of the Exception” and Clinton to Get a New Treaty Through Congress • Religion and Politics Colloquium, The MacMillan (with B. Ackerman), L.A. Times (April 3, 2010) Center Initiative on Religion, Politics, & Society, • Hear the Uighurs: The Critical Guantanamo Case the “Political Theology: Four New Chapters on the Supreme Court Should Not Duck, Slate (February 17, Concept of Sovereignty” 2010) (with R. Crootof) • NYU Law School, “Sacred Violence: Torture, Terror and Sovereignty” • Cardozo Law School, “Political Theology and American Exceptionalism” faculty activities

• Yale Conference on Evidence and the Humanities, Yair Listokin “Evidence, Judgment and the Legal Imagination” lectures and addresses publications • “Tax Expenditures and Business Cycle Fluctuations,” • Sacrificial Nation, The Utopian, March 29, 2010 University of Alabama Law School, • “Tax Expenditures and Business Cycle Fluctuations,” Douglas Kysar National Tax Association Conference lecture and addresses • “If You Give Shareholders Power, Do They Use It? • 2010 Monsanto Lecture, Valparaiso University School An Empirical Analysis,” Conference on Empirical Legal Douglas Kysar of Law, Valparaiso, Indiana, “Abnormally Dangerous: Studies Inequality Dissonance and the Making of Tort Law” • “Bayesian Contractual Interpretation,” University of (with J. Hanson) Michigan Law School • Yale Law School, “Cooperation After Copenhagen: • “Bayesian Contractual Interpretation,” UCLA School Climate Change and World (Dis)Order,” moderator and of Law organizer • “Bayesian Contractual Interpretation,” International • Environmental Protection in the Balance: Citizens, Conference for the Study of Contract Law Courts, and the Constitution Conference, Georgetown • “Tax Expenditures and Business Cycle Fluctuations,” University Law Center, Washington, DC, panelist on Hebrew University School of Law, Jerusalem, Israel John H. Langbein “New and Emerging Constitutional Theories and the • “Bayesian Contractual Interpretation,” Hebrew Future of Environmental Protection” University School of Law • Environmental Capstone Colloquium, University of • “What Do Corporate Default Rules and Menus Do?,” Florida College of Law, Gainesville, Florida, “Ecologic: Columbia Law School Nanotechnology, Environmental Assurance Bonding, publications and Symmetric Humility • If you Misrate, Then You Lose: Improving Credit Rating • Administrative Law of Emergencies Conference, Accuracy Through Incentive Compensation, 27 Yale J. University of California-Berkeley, Berkeley, California, on Reg. 91 (2010) (with B. Taibleson) “Complexity and Catastrophe” • Corporate Voting vs. Market Price Setting, 11 Am. L. & • AALS Annual Meeting, New Orleans, Louisiana, Econ. Rev. 608 (2009) Yair Listokin “Climate Change and Legal Education: It’s Getting Hot • If You Give Shareholders Power, Do They Use It? in Here,” moderator An Empirical Analysis, 166 J. Institutional & other professional highlights Theoretical Economics 38 (2010) • Named the Joseph M. Field ’55 Professor of Law Jonathan R. Macey John H. Langbein lectures and addresses appearances, lectures, and addresses • Financial Industry Regulatory Authority, Washington, • Delaware Bankers Association 2009 Trust Conference, DC, “Current Regulatory Challenges” Wilmington, DE, Dec. 2, 2009, “What Are the Limits on • Yale Law School Alumni Weekend, Panel Discussion: Jonathan R. Macey Foolish Investment Provisions in Trust Instruments?” “The Global Financial Crisis and the Future of Financial public service Regulation,” (with G. Fleming ’88, R. Litan ’76, E. • Commissioner, National Conference of Commissioners Ludwig ’73) on Uniform State Laws • Tel Aviv University, Tel Aviv, Israel, Visiting Professor in • Associate Reporter, American Law Institute, Corporate Governance Restatement (Third) of Property: Wills and Other • Hoover Institution, Stanford University, Presentation Donative Transfers; attended ALI Council meeting, to Hoover Institution Task Force on Property Rights Philadelphia, Pa., Dec. 3, 2009 • Emory University School of Law, Randolph Thrower publications Symposium presentation, “Compensation of Hedge • Pension and Employee Benefit Law (Foundation Fund Managers” Press, 5th ed. 2010) (with S. Stabile & D. Pratt) • Penn/ NYU Conference on Law and Finance, presented • Burn the Rembrandt? Trust Law’s Limits on the Settlor’s Comments on A. Shleifer & R. W. Vishny’s paper, Asset Power to Direct Investments, 90 Boston Univ. L. Rev. Fire Sales and Credit Easing 375 (2010) • University of Lisbon Conference on the Global Financial Crisis, Lisbon, Portugal, presented paper on “The Roles of Reputation, Regulation and Technology in the Financial Crisis” 26 27 yale law report summer 2010

publications • USC School of Law Faculty Workshop, “Aribtration’s • Process as Currency with Courts: Judicial Scrutiny of Arbitrage: Social Solidarity at the Nexus of Director’s Decisions, 17 Int’l J. Corp. Governance, Adjudication and Contract” 1-30 (2010) • Yale Law School Alumni Association of Southern • Financial Reform: It’s the Politics, Politico, February 3, California, “Does Teaching Law and Economics Make 2010 Selfish Lawyers: A Report of an Experimental Study of • Obama’s Financial Reform Falls Short, Politico, Yale Law Students” January 22, 2010 • Fundacao Estudar, Sao Paolo, Brazil, “Managing • Obama and ‘Fat Cat Bankers,’ Wall St. J., January 12, Conflict Using Contracts and Courts” Daniel Markovits 2010 • Fundacao Getulio Vargas, Sao Paolo, Brazil, “Against • Washington’s Plans May Result In Even Higher the Relational Contract: Why We Can’t Make Promises Executive Pay, Wall St. J., October 25, 2009 to the People We Love” other professional highlights • Fundacao Armando Alvares Penteado, Sao Paolo, • Member, Hoover Institution Task Force on Property Brazil, “Democratic Disobedience” Rights, Stanford University • University of Pennsylvania Department of Philosophy, • Member, National Adjudicatory Council, Financial Workshop on Utopianism, commentator on Tom Hill, Industry Regulatory Association (FINRA) Kant’s Utopian Categorical Imperative • Fellow, Jonathan Edwards College Nicholas Parrillo • Member, Economic Advisory Board, Financial Nicholas Parrillo Industry Regulatory Association (FINRA) lectures and addresses • Member, Bipartisan Policy Center, Credit Rating • Public Law Workshop, University of Minnesota, Agency Task Force “Tax Administration for Profit: Its Rise and Fall in American States and Localities, c. 1860–1940” Daniel Markovits lectures and addresses Robert C. Post • Contract Theory Workshop, Georgetown University lectures and addresses School of Law, “Promise as an Arm’s Length Relation” • New York University, “The Regulation of Hate Speech” Robert C. Post • Legal Theory Workshop, University of St. Louis School • Columbia Law School, “Democratic Constitutionalism” of Law, “Love and Promise” • New York Historical Society, “The Future of the • Legal Theory Workshop, Queen’s University, Kingston, Constitution” Ontario, “Love and Promise” • Harvard Public Law Workshop, “Theorizing • Law and Economics Workshop, Queen’s University, Disagreement: Reconceiving the Relationship Kingston, Ontario, “Distributional Preferences: Form, Between Law and Politics” Substance, and Sources” • AALS Annual Convention, “Proposed ABA Assessment • Legal Theory Workshop, Columbia University School Standards for the Accreditation of Law Schools” of Law, “Love and Promise” • AALS Annual Convention, “Jurisprudential Lessons of • Yale Law School Faculty Workshop, “Toleration and State Constitutionalism” Politics” • NYU Law School, “First Amendment Exceptionalism • University of Connecticut School of Law Faculty and Campaign Finance Reform” Workshop, “Author Meets Critics: A Modern Legal • Cardozo Law School, “The First Amendment and Ethics” Hate Speech” • Stanford University Political Theory Workshop, publications “Toleration and Politics” • For the Common Good: Principles of American • University of California at Hastings School of Law Academic Freedom (with Matthew M. Finkin, 2009) Faculty Workshop, “A Text in Contracts: Consideration” • Constructing the European Polity: ERTA and the • Yale Law School Alumni Association of Northern Open Skies Judgments, in The Past and Future of EU California, “Are Love and Promising Compatible?: Law: The Classics of EU Law Revised on the 50th Contract Law and the Ethics of Intimacy” Anniversary of the Rome Treaty 234 (Miguel Poiares • Stanford Law School Faculty Workshop, “Contracts of Maduro & Loïc Azuolai eds., 2010) Adhesion and Displaced Bargaining” • Personal Responsibility and Obesity: A Constructive • UCLA School of Law Legal Theory Workshop, Approach To A Controversial Issue (with Kelly D. “Promise as an Arm’s Length Relation” and “The Dual Brownell, Rogan Kersh, David S. Ludwig, Rebecca M. Performance Hypothesis and the Myth of Efficient Puhl, Marlene B. Schwartz & Walter C. Willett) Breach” Health Affairs, March 2010, at 379 • The Job of Professors, 88 Tex. L.R. 185 (2009) faculty activities

• Justice Edward Terry Sanford, in The Yale Biographical • Bernstein Symposium, Orville H. Schell, Jr. Center for Dictionary of American Law (Roger K. Newman ed., International Human Rights, Yale Law School, UN 2009) Millennium Development Goals at Ten Years Panel, • Law Professors and Political Scientists: Observations on moderator the Law/Politics Distinction in the Guinier/Rosenberg • Federalist Society, Yale Law School, “Timing Debate, 89 B.U. L. Rev. 581 (2009) ‘Disturbances’ in Labor Market Contracting: Professor Roth and the Effects of Labor Market Monopsony J. L. Pottenger, Jr. publications J. L. Pottenger, Jr. lectures and addresses • ‘The Limits of Antitrust’ and the Chicago School • U.S. AID Training Conference: Clinical Legal Education, Tradition, 6 J. Competition Law & Economics 1 (2010); Wuhan, China doi: 10.1093/joclec/nhp027 • Small Group Leader (Housing), AALS Clinical • The Economic Case for Tort Reform, Tort Reform: Conference, Baltimore, MD Commentary and Other Materials, Andrew Popper other professional highlights (2010), available at http://exchange.westlaw.com • ABA Section on Legal Education and Admissions to the Bar, Committee on International Legal Education W. Michael Reisman • AALS Clinical Section, Advisory Committee on ABA publications Claire Priest Accreditation Standards • Stopping Wars and Making Peace: Studies in • Clinical Legal Education Association (CLEA) Committee International Intervention (with K. Eichensehr eds.), on ABA Accreditation Standards in International Humanitarian Law Series, Volume 27 (2009). Claire Priest • Combating Piracy in East Africa, 35 Yale J. Int’l Law lectures and addresses Online 14 (2009), available at http://www.yjil.org/ • American Society for Legal History Annual Meeting, (with B. T. Tennis) comment: panel on “The Aftermath of Financial lectures and addresses Crises” • Meiji University, Tokyo, Japan, Lecture at Workshop • American Society for Legal History Annual Meeting, on Carl Schmitt’s Nomos of the Earth George L. Priest “The End of Entail: Information, Institutions, and • Meiji University, Tokyo, Japan, lecture on “International Slavery in the American Revolutionary Period” Commercial Arbitration” • University of Pennsylvania Economic History • Meiji University, Tokyo, Japan, spoke at Symposium on Workshop, “The End of Entail: Information, “Theory and Practice in International Law” Institutions, and Slavery in the American • International Conference on “The New Haven School Revolutionary Period” of Jurisprudence: An Appraisal of its Contribution • NYU School of Law Legal History Colloquium, to Contemporary World Affairs,” City University of “The End of Entail: Information, Institutions, and Hong Kong Law School, Hong Kong, delivered keynote Slavery in the American Revolutionary Period” address other professional highlights • Symposium “Law of the Sea in Dialogue” on the • Director, Yale Legal History Forum, Yale Law School occasion of Professor Rüdiger Wolfrum’s 68th • Cromwell Prize Committee, American Society for Birthday, Max Planck Institute for Comparative Public Legal History Law and International Law, Heidelberg, Germany, delivered paper on “The Recrudescence of Piracy in George L. Priest Contemporary International Law: New Challenges in lectures and addresses New Contexts” • Northwestern Law Searle Center on Law, Regulation, • Attended the APEC-UNCTAD Workshop on “Investor- and Economic Growth, “’The Limits of Antitrust’ and State Dispute Settlement: Issues and Challenges for the Chicago School Tradition” the APEC Region,” Manila, Philippines, and presented • University of Chicago Law School, Chicago, paper on “The Impact of Recent ICSID Awards on Core IL, Conference to Honor Ronald Coase on the Elements of Investments”; also served as a Panelist 50th Anniversary of publication of “The Federal on “Revision of Arbitration Rules and Relevance for Communications Commission” and “The Problem of Investor-State Dispute Settlement Provisions Included Social Cost” in IIAs” • MELSS, Marrakech, Morocco, “History and Identity” • Attended the American Law Institute’s Meeting on the “Restatement Third: The U.S. Law of International Commercial Arbitration,” Philadelphia, PA 28 29 yale law report summer 2010

• Yale Journal of International Law Thirty-Fifth • Panelist, “Term Limits for Service as Chief Justice: Anniversary Conference, “Government Lawyering and Rethinking the Laws Governing the Structure International Law,” Yale Law School, moderated panel and Operation of the Supreme Court,” George on “International Law and Government Lawyering: A Washington University Law School, Washington, DC Comparative Perspective from Legal Advisers” • Yale Law Women, “Remaking Legal Education: Multiple • “Roundtable on States and State-Controlled Entities Intelligences and the Role of Race and Gender,” Yale as Claimants in International Investment Arbitration,” Law School, New Haven, CT Vale Columbia Center on Sustainable International • Speaker (with Seyla Benhabib) on the co-edited book, Investment of Columbia Law School, Burford Group Migrations and Mobilities: Citizenship, Borders, W. Michael Reisman Ltd. and King & Spalding, Columbia University, chaired and Gender, Human Rights Workshop, Yale Law panel on international investment law School, New Haven, CT • Attended “Roundtable with ICC President Sang-Hyun • Presented paper, “Detention, Habeas Corpus, Song,” Council on Foreign Relations, New York Specialized Tribunals, and the War on Terror: Violence • “Remembering Tom Franck: What He Taught Us About and the Constitutional Jurisprudence of the Federal the Recourse to Force,” 104th Annual Meeting of the Courts,” Law and Public Affairs Seminar Series, American Society of International Law, Washington, Princeton University Law School, Princeton, NJ DC, delivered paper on “Thomas Franck and The Use • Presented paper, “Bring Back Bentham: Publicity, the of Force” Public Sphere, and Courts,” Private Power and Human Judith Resnik • ASIL Annual Dinner, 104th Annual Meeting of the Rights, Academic Center of Law & Business, Tel Aviv, American Society of International Law, Washington, Israel DC, spoke on “Reflections on Change in International • Speaker, “Who Should be Our Judges and How Should Law” they be Chosen? Does it Matter if the Judiciary Does • United Nations Conference on Trade and Development Not Reflect Society?,” Seminar on Judges and Courts, (UNCTAD) Joint Symposium: International Investment Faculty of Laws, University College London, London, Law and Alternative Dispute Resolution, Washington England and Lee School of Law, Lexington, Virginia, keynote • Public Lecture, “The Fabrication and Fragility of address on “International Investment Arbitration and Courts in Democracies: From Renaissance Town Halls ADR: Married But Best Living Apart” to Guantánamo Bay,” London School of Economics, other professional highlights London, England • Adviser on ALI Restatement Third, The U.S. Law of • Seminar Co-Presenter, “Law’s Migration: International Commercial Arbitration Environmentalism, the EU, and Beyond,” Faculty of Laws, University College London, London, England Judith Resnik • Presented paper, “Health Excepted, Health Accepted” lectures and addresses (co-author, Reva Siegel), panel on Global Movements • Speaker, “Reflections on the Supreme Court Decision and the Human Rights Framework, at the Symposium, About Women’s Admission to the Rotary Club,” at a Broadening the Lens for Reproductive and Sexual meeting of The Rotary Clubs of Woodbridge, CT, and Rights, NYU Review of Law & Social Change, New York other local clubs, Woodbridge, CT University, New York, NY • “Representations and Abstractions: Identity and • Moderator, “The Hardening of Prison Conditions: Courts,” Annual Conference of the Council of Chief Supermax, Segregation, and Solitary Confinement,” Judges of the State Courts of Appeal, Philadelphia, PA 13th Annual Arthur Liman Public Interest Colloquium: • Lecturer, “Migration, Gender, and Nationality,” Yale Imprisoned, Yale Law School, New Haven, CT Law School, New Haven, CT • Moderator, A Conversation with the Hon. Ruth • Moderator, “Who Makes the Rules on Access to the Bader Ginsburg, the Hon. Sonia Sotomayor, and Lady Courts?: The Rulemaking Roles for the Judiciary and Brenda Hale of Richmond, Justice, U.K. Supreme Court Congress (Twombly, Iqbal, and Beyond),” Yale Law (televised on C-Span), National Association of Women School, New Haven, CT Judges midyear meeting, Washington, DC • Presented paper, “Whither or Whether Adjudication? • Panelist, “Compared to What? ALI Aggregation, Current Issues in Barriers to Justice,” American Procedural Contracts, Package Pleas, and Public Constitutional Society’s Civil Justice Committee, Yale Voice, Aggregate Litigation: Critical Perspectives,” Law School, New Haven, CT George Washington University Law School, • Seminar for World Fellows, “Citizenship, Equality, and Washington, DC the Law,” Betts House, New Haven, CT • Delivered the Wm. Matthew Byrne, Jr. Annual Lecture, “Detention and the Constitution,” and Dinner Speaker, “The State of the Federal Courts,” Judicial Clerkship Institute, Pepperdine University, Malibu, CA faculty activities

• Panelist, “Assessing the Supreme Court’s Case other professional accomplishments Selection Process, What Makes an Issue ‘Important’ to • Elected President, Society of Empirical Legal Studies the Court?,” Yale Law School, New Haven, CT • Appointed member, Editorial Advisory Board, • Participant, Executive Session, “The State Courts,” Accounting, Economics and Law - a CONVIVIUM, Kennedy School, Harvard University, Cambridge, MA Berkeley Electronic Press • Speaker, “Migrations & Mobilities: Citizenship, Borders, • Appointed member, Advisory Board, International and Gender,” with Seyla Benhabib, Labyrinth Books, Center for Law and Economics New Haven, CT Roberta Romano publications Carol M. Rose • Detention, The War on Terror, and the Federal Courts, lectures and addresses 110 Colum. L. Rev. 579 (2010) • 7th Annual Brigham-Kanner Property Rights • New Federalism(s): Translocal Organizations of Conference, William and Mary Law School, Government Actors (TOGAs), in the monograph Williamsburg, VA, “The Psychology of Property from Why the Local Matters: Federalism, Localism, and the Inside Out” Public Interest Advocacy, jointly published by the • University of Virginia Law Faculty Workshop, “Racing Liman Public Interest Program at Yale Law School, Property: Law and Social Norms in the History of and the National State Attorneys General Program at Racially Restrictive Covenants” Carol M. Rose Columbia Law School (2010) • Panel on Reasoning from Literature, Section on Law other professional highlights and the Humanities, American Association of Law • Appointed for a Five Year Term as Honorary Visiting Schools Annual Meeting, New Orleans, “Game Stories” Professor, Faculty of Laws, University College London, • Workshop, Hauser Global Law Program, NYU Law London, England School, “Externalities and Property Definitions in • Paper selected as one of five for republication in Water Markets, Comment on Vanessa Casado, Do edited form in the third Annual Environmental Law Water Markets Work? and Policy Review. The paper, Ratifying Kyoto at the • Faculty Workshop, Brooklyn Law School, Brooklyn, Local Level: Sovereigntism, Federalism, and Translocal “Game Stories” Organizations of Government Actors (TOGAs), • Coen Lecture, University of Colorado Law School, Susan Rose-Ackerman co-authored with Yale Law School graduates Joshua Boulder, Colorado, “Racing Property: Racially Restrictive Civin and Joseph Freuh, was published in 2008 in a Covenants from the City Beautiful to Shelley v. symposium on Federalism and Environmentalism in Kraemer–and Beyond” the Arizona Law Review publications • Appointed to the Advisory Board of the newly- • Invasions, Innovation, Environment, in Hernando de founded UCL Judicial Studies Institute, Faculty of Laws, Soto and Property in a Market Economy (B. Barros University College London, London, England ed., 2009) • Of Natural Threads and Legal Hoops: Bob Ellickson’s Roberta Romano Property Scholarship, 18 Wm. & Mary Bill Rts. J. 199 lectures and addresses (2009) • Federalist Society 2009 National Lawyers Convention, • Liberty, Property, Environmentalism, 26 Social Policy & panelist, “Delaware’s New Competition: The Creeping Philosophy, Issue 2, 1-25 (2009); reprinted in Natural Federalization of American Corporate Law” Resources, the Environment, and Human Welfare • University of Pennsylvania Risk Regulation Seminar, 1-25 (2009) “Does the Sarbanes-Oxley Act Have a Future?” • Federalism and Climate Change in a Future Federal • 4th Annual Conference on Empirical Legal Studies, Regime: An Introduction, 50 Ariz. L. Rev. 673 (2008) discussant, “Regulator Monitoring under the other professional accomplishments Sarbanes-Oxley Act” • Board of Editors meeting, Foundation Press • University of Pennsylvania Institute for Law and Economics Corporate Governance Roundtable, Susan Rose-Ackerman discussant, “The Case against Shareholder lectures and addresses Empowerment” • Symposium, University of Miami Law School, panelist, • University of California, Berkeley Administrative “What Change Will Come: The Obama Administration Law of Emergencies Conference, discussant, “The and the Future of the Administrative State” Supervisory Capital Assessment Program: An • Schell Center Conference on the The Future of Appraisal” Development, Yale Law School, moderator, “Human Rights and International Air beyond the Economic Crisis” 30 31 yale law report summer 2010

• Conference on Developing Europe: Regional Policy and Vicki Schultz Free Markets in European Legal Discourse,” Harvard lectures and addresses Law School, Institute for Global Law and Policy, • University of Connecticut Law School, Hartford, panelist, “Development and Environment in Eastern Connecticut, “Through the Gender Lens, Darkly: Europe” The Need for More Reasonable Working Hours publications for Most Working Families,” presented on panel • Public Administration and Institutions in the LAC on “Redefining Work: Possibilities and Perils,” Region, Chapter 9 in Bjørn Lomborg ed., Latin Connecticut Law Review Symposium, Redefining American Development Priorities: Costs and Work: Implications of the Four-Day Workweek” Peter H. Schuck Benefits (2010) pp.515-590 • Yale Law School, Screening of Out at Work (by Kelly • Economía Política de las Raíces de la Corrupción: Anderson and Tami Gold) and Discussion of Movie Investigación y Políticas Públicas, in Irma Eréndira and Proposed ENDA legislation, with William Eskridge, Sandoval ed., Corrupción y Transparencia: co-sponsored by American Constitution Society and Debatiendo las Frontera entre Estado, Mercado y Outlaws Sociedad (Mexico D. F.: Siglo Veintiuno Editores), • Sciences Po Law School, Paris, France, Interviewed pp. 23-43 by Professor Marie Mercat about employment • The Global BITs Regime and the Domestic Environment discrimination law for a book entitled American for Investment, (Karl P. Sauvant and Lisa Sachs eds.), Thoughts on Employment Discrimination Law: Vicki Schultz The Effect of Treaties on Foreign Direct Investment: a European Inquiry (forthcoming, Dalloz) Bilateral Investment Treaties, Double Taxation • American University Law School, conducted interview Treaties and Investment Flows, Chapter 11, pp. 311-322 with David L. Rose, Former Section Chief, Opening (2009) Panel, Program on the “Department of Justice, Civil other professional accomplishments Rights Division, Employment Litigation Section and • American Political Science Association, President’s Title VII” Task Force on “Democracy Audits and Governance other professional highlights Indicators” • Appointment, Visiting Professor, UCLA Law School, January 2010, teaching “Theories of Reva Siegel Peter H. Schuck Antidiscrimination Law” lectures and addresses • Ann. F. Baum Lecture on Elderlaw, University of Illinois Reva Siegel at Champaign-Urbana, “The Golden Age of Aging and lectures and addresses Its Discontents” • Columbia Law School, panel discussion of our book, • IFRI Conference on American Society since Obama’s The Constitution in 2020 (J. Balkin & R. Siegel eds., Election, Paris, France, “A New Approach to Racial 2009) Diversity?” • Quinlan Lecture, Oklahoma City University School • Numerous public lectures throughout India on of Law, “Race Talk and Ricci: The Court and the various topics: the limits of law; remedies for official Confirmation Process” wrongdoing; pluralism in the U.S.; structural and • European University Institute, co-moderated doctrinal trends in the U.S. Supreme Court; global workshop on “Comparative Perspectives on Abortion administrative law; legal education; small claims Rights” courts as access to justice; control of administrative • Symposium on Reproductive Rights, Human Rights, discretion; and others and the Human Right to Health, Case Western Publications University Law School, keynote address, “Dignity and • Crisis and Catastrophe in Science Law, and Politics: Reproductive Rights” Mapping the Terrain, in Catastrophe: Law, Politics, • Public Law Workshop, Harvard Law School, presented and the Humanitarian Impulse (A. Sarat & J. Lezaun manuscript of Equality’s Third Way: Anticlassification, eds., 2009), pp. 19-59 Antisubordination, Antibalkanization other professional highlights • Symposium: From Page to Practice: Broadening the • Distinguished Visiting Professor, Jindal Global Law Lens for Sexual and Reproductive Rights, New York School, India, spring semester 2010 University Journal of Law & Social Change, keynote • Mideast Legal Studies Seminar, Marrakech, Morocco address, “Dignity and Reproductive Rights” • Member, National Academy of Sciences, Committee on Estimating Costs to the Department of Justice of Increased Border Security Enforcement by the Department of Homeland Security faculty activities

• U.C.L.A. Law Review Symposium: Sexuality and • Liman Colloquium, Yale Law School, moderator, Gender Law: Assessing the Field, Envisioning the “Over-incarceration and Decarceration Future, U.C.L.A. School of Law, “Abortion, LBGT Rights, • Rebellious Lawyering, Yale Law School, “Tools to and Movement/Countermovement Struggles over Represent the Poor” Constitutional Protections for Sex” • Corporate Criminal Liability: What, Why, and How, • Celebrating Yale Women. Women and Work: Present Weil, Gotshal Roundtable, organizer, speaker, and and Future Changes and Challenges, Yale University, moderator “Forty Years of Coeducation at Yale—Equality Law, • Yale University celebration of co-education, Robert A. Solomon Then and Now” Conversation with Supreme Judicial Court Justice • Yale Law School, “Before (and After) Roe,” discussed Margaret Marshall forthcoming book, Before Roe v. Wade: Voices That other professional highlights Shaped the Abortion Debate Before the Supreme • Advisory Board, The Federal Sentencing Reporter Court’s Ruling (L. Greenhouse & R. Siegel eds., • Board of Advisers, Ohio State Journal of Criminal Law 2010), with Linda Greenhouse • Board of Advisers, The Green Bag • Faculty Workshop, Yale Law School, • Advisory Committee, The Connecticut Lawyer discussed manuscript of “Equality’s Third Way: Anticlassification, Antisubordination, Alec Stone Sweet Antibalkanization” Kate Stith publications publications • CILFIT and Foto-Frost: The Juridical Coup d’État and • Struck by Stereotype: Ruth Bader Ginsburg on the Problem of Authority, in M. Poiares Maduro and Pregnancy Discrimination as Sex Discrimination, L. Azoulai eds., The Past and Future of EU Law: the 59 Duke. L.J. 771 (2010) (with N. Siegel) Classics Revisited on the 50th Anniversary of the • Pregnancy and Sex-Role Stereotyping, From Struck to Rome Treaty, 201-10 Carhart, 70 Ohio St. L.J. (2010) (with N. Siegel) • Constitutionalism, Legal Pluralism, and International Regimes,” Ind. J. Global Legal Stud. 16 (2): 621-45 Robert A. Solomon • “On the Constitutionalization of the Convention: The lectures and addresses European Court of Human Rights as a Constitutional Alec Stone Sweet • Stanford Law School, “A History of Progressive Court,” Special Issue Commemorating the 50th Lawyering” Anniversary of the European Court of Human Rights, other professional highlights Revue Trimestrielle des Droits de l’Homme 80: 923-44 • In Gyerko v. Gyerko, the Domestic Violence Clinic • L’Arbitrage International: Du Contrat Dyadique au obtained a judgment of $54,100 after trial on behalf Système Normatif (with F. Grisel), Archives de la a victim against her abuser Philosophie de Droit 52: 75-95 • Connecticut Coalition for Justice in Education Funding • Proportionality, Judicial Review, and Global v. Rell: The Education Adequacy Project won a major Constitutionalism, in G. Sartor ed., Reasonableness victory in the Connecticut Supreme Court in the and Law. New York: Springer (Law and Philosophy Library) (with J. Mathews) 173-214 James Q. Whitman most important education decision in the state in over thirty years. The Court declared that the • Transnational Investment Arbitration: From education clause of the Connecticut constitution Delegation to Constitutionalization?, in (P.M. Dupuy, guarantees Connecticut schoolchildren the right to F. Francioni, and U. Petersmann eds.), Human Rights, a minimally adequate education. The Court stated International Investment Law, and Investor-State that “the fundamental right to an education is not Arbitration (with F. Grisel) ch. 7 an empty linguistic shell” and that it must meet “modern educational standards” James Q. Whitman • Visiting Associate Professor of Law, Berkeley Law professional highlights School • Awarded Guggenheim Fellowship by the John Simon Michael Wishnie • Re-elected chair, Board of Commissioners, Housing Guggenheim Memorial Foundation for project on Authority of the City of New Haven the verdict of battle • Elected Board of Directors, Start Community Bank Michael Wishnie Kate Stith lectures and addresses lectures and addresses • Yale College Democrats-MEChA panel, Yale College, • Yale Law School Alumni Weekend, Woolsey Hall, New Haven, CT, “United States Immigration Policy: Yale University, Conversation with Justice Sonia History and Future Prospects” Sotomayor 32 33 yale law report summer 2010

• The Localization of Immigration Law: A Symposium, community groups seeking records relating to arrest Harvard Law School, Cambridge, MA, “The Future of of Danbury day-laborers, recommending denial of Localization” motion for summary judgment by Department of • Wayne Law Review Symposium, Wayne State Law Homeland Security), report and recommendation School, Detroit, MI, “Future Trends in Local Immigration adopted, (D.Conn. Mar. 16, 2010) Policymaking” • In re G-G- (EOIR NY Dec. 2009) (vacating prior removal • Embassy of Mexico, Washington, DC, “Immigration order and terminating proceedings against man Enforcement in the United States” arrested during June 2007 New Haven immigration • Immigration Theory & Practice Workshop, Yale Law raid) John F. Witt School, New Haven, CT, “Immigration Adjudication” • Sun Yat-Sen University, Department of Sociology, John F. Witt Guangzhou, China, “Labor Organizing at the Margins” lectures and addresses publications • Conference on International Law in the Supreme • Welfare Reform at Ten: Integration, Exclusion, and Court: Continuity or Change?, Santa Clara University, Immigration Federalism, in Michael Fix ed., Immigrant “The Social Histories of International Law” Families and Children on the Tenth Anniversary of • Annual American Society for Legal History meeting in Welfare Reform (Migration Policy Institute: 2009) Dallas, “Rules of Wrong: The Crisis of the Laws of War in other professional highlights the Age of Democratic Ideals” Stephen Wizner • Appointed to Connecticut Criminal Practice • American Constitution Society, Yale Law School, Commission, Immigration Committee “Learned Puffendorfs and Jacksonian Soldiers: The • Taught six-week course, “Structural Litigation in the Problem of International Law in America” United States: Problems, Strategies, and Lessons,” • The Medical Malpractice Debate, American University of Palermo Faculty of Law, Buenos Aires, Constitution Society, moderator Argentina • Led a seminar with James Surowiecki of The New • Al-Kidd v. Ashcroft, 598 F.3d 1129, 2010 WL 961855 Yorker magazine at the New York Historical Society’s (9th Cir. 2010) (denying petition for rehearing by Institute for Constitutional History titled “The former Attorney General that sought en banc review Constitution and the Economy” of decision affirming denial of motion to dismiss on • NYU Golieb Legal History Colloquium, “The Rules of absolute and qualified immunity grounds, in action by Civilized Warfare” U.S. citizen alleging wrongful arrest and detention on other professional highlights material witness warrant) • Named Allen H. Duffy Class of 1960 Professor of Law • Wu v. Chang´s Garden of Storrs, LLC, 2009 WL 3769109 • Awarded Guggenheim Fellowship by the John Simon (D.Conn. Nov. 10, 2009) (denying motion to dismiss Guggenheim Memorial Foundation for project on the by former employer of restaurant workers alleging laws of war in American history violations of federal and state wage-and-hour laws and various workplace torts, denying motion for more Stephen Wizner definitive statement, and granting in part and denying lectures and addresses in part motion to strike) • Conversation across the Courtyard with Owen Fiss: • Commissioner, Dept. of Correction v. Freedom of Goldberg v. Kelly Information Com’n, 2009 WL 4852114 (Conn.Super. • Faculty Seminar, Interdisciplinary Center Faculty of Dec. 17, 2009) (affirming in substantial part opinion of Law, Herziliyya, Israel, “What Is a Law School?” Freedom of Information Commission ordering public • Rebellious Lawyering Panel, Yale Law School, Clinical disclosure of FBI database print-out relating to former Legal Education in the Middle East, moderator and immigration detainee), notice of appeal pending. speaker • Bourguignon v. MacDonald, 667 F.Supp.2d 175 (D.Mass. • Robert M. Cover Annual Public Interest Retreat, Sargent 2009) (granting writ of habeas corpus for mentally ill Camp, Peterborough, NH, Opening Address, “The Social Haitian national confined in immigration detention Justice Legacy of Robert Cover” more than two years) other professional highlights • Barrera v. Boughton, 2010 U.S. Dist. LEXIS 26081 • Tel Aviv, Haifa, Ramat Gan and Herzliyya, Israel, and (D.Conn. Mar. 19, 2010) (in civil rights action by East Jerusalem, Occupied West Bank, consultation with Danbury day-laborers arrested in local police-ICE clinical staff at Tel Aviv University, Haifa University, “sting” operation, granting protective order against Ramat Gan Law College, Interdisciplinary Center discovery into alleged immigration status or alienage Faculty of Law, and Al-Quds University of plaintiffs), appeal pending • Re-elected, member of Board of Directors and Vice- • DACORIM v. DHS, No. 3:06-cv-1992 (D.Conn. Feb. President, Benhaven School, Wallingford, CT 25, 2010) (in Freedom of Information Act suit by