2014 2 014 Annual Report

2014 2 Introduction to the American Bar Foundation 3 Officers and Directors 4 Fellows Research Advisory Committee 5 Past Presidents of the American Bar Foundation 6 Report of the Director: Robert L. Nelson 7 Highlights 13 Research Program 18 Research Faculty 18 Research Professors 26 Affiliated Research Professors 27 Faculty Fellows 29 Research Social Scientists 30 Selected Publications 35 ABF Publications 35 Law & Social Inquiry 35 Researching Law: An ABF Update 36 Recent Major Media Coverage and Faculty Op-Eds 37 Liaison Research Services Program 38 Montgomery Summer Research Diversity Fellowships in Law and Social Science for Undergraduate Students 39 Doctoral Fellowship Programs 40 Presentations at the ABF 2014 41 Sponsored Programs 42 The William H. Neukom Fellows Research Chair in Diversity and Law 43 Research Funds 44 The Fellows of the American Bar Foundation 46 Life Fellows Contributions to the American Bar Foundation 49 Cornerstone Giving Society 50 Personnel 53 Financial Report 2013–14 55 Allocation of Funding FY 2013–14 56 Resolution: Randolph W. Thrower

www.americanbarfoundation.org • 2014 Annual Report 1 Introduction to the American Bar Foundation

Mission The American Bar Foundation’s mission is to serve the legal profession, the public, and the academy through empirical research, publications, and programs that advance justice and the understanding of law and its impact on society. The American Bar Foundation is the nation’s leading research institute for the empirical study of law. An independent, nonprofit organization, for sixty years the ABF has advanced the understanding and improvement of law through research projects of unmatched scale and quality on the most pressing issues facing the legal system in the United States and the world. The Foundation is committed to broad dissemination of its research findings to the organized bar, scholars, and the public. The results are published in a wide range of forums, including leading academic journals, law reviews, and academic and commercial presses. Research Faculty The research program of the American Bar Foundation is implemented through the projects designed and conducted by the members of the ABF’s resident research faculty. ABF Research Professors are among the leading scholars in their disciplines, which include anthropology, economics, history, law, political science, psychology, and sociology. A research project is undertaken only after completion of a very extensive review process. The internal review committee, an external review panel, the Research Committee of the ABF Board, and ultimately the Board of Directors must conclude that the proposed study will make a significant contribution to the field and that the research can be carried out with the appropriate standards of integrity, human subjects protection, and scholarship. Funding The Foundation extends special thanks to the American Bar Endowment. The American Bar Endowment’s grant of $3,365,369 in fiscal year 2013-2014 makes the Endowment the Foundation’s largest supporter. Founded in 1942, the ABE is a charitable organization dedicated to improving the quality of justice in the United States by funding research, educational, and public service projects in the field of law. ABA members who participate in the Endowment’s group insurance programs can contribute to these efforts. Those members who participate in the Endowment’s insurance plans, and allow the ABE to retain dividends payable on the group insurance policies, provide essential support for the ABE’s grant program. The Foundation would like to thank all ABA members who participate in ABE insurance plans and donate their dividends, along with the ABE, for the valuable funding they have provided. Other sponsors include The Fellows of the American Bar Foundation and private foundations and government agencies that award grants to support specific research projects and other ABF programs. The American Bar Foundation is recognized as a 501(c)(3) nonprofit organization. The Fellows of the American Bar Foundation The Fellows of the American Bar Foundation is an organization of lawyers, judges, law faculty, and legal scholars who have been elected by their peers to become members of The Fellows because of their outstanding achievements in the legal profession. The Fellows support the research work of the American Bar Foundation through their annual contributions and sponsor seminars and events of direct relevance to leaders of the legal profession.

2 American Bar Foundation • www.americanbarfoundation.org Officers and Directors of the American Bar Foundation

2013–2014 2014–2015 Officers and Ex Officio Officers and Ex Officio Directors James R. Silkenat Directors William C. Hubbard President President, President President, American Bar Association American Bar Association Hon. Bernice B. Donald David A. Collins Memphis, TN William C. Hubbard Beverly Hills, MI Paulette Brown President-Elect, President-Elect, Vice-President American Bar Association Vice-President American Bar Association David A. Collins Ellen J. Flannery Robert M. Carlson Patricia Lee Refo Beverly Hills, MI Washington, D.C. Chair, House of Delegates, Chair, House of Delegates, Treasurer American Bar Association Treasurer American Bar Association George S. Frazza Lucian T. Pera George S. Frazza G. Nicholas Casey, Jr. New York, NY Treasurer, American Bar Association New York, NY Treasurer, American Bar Association Secretary Christopher L. Griffin Secretary Ellen J. Flannery President, David S. Houghton Martha Walters Barnett Washington, D.C. American Bar Endowment Omaha, NE President, American Bar Endowment Susan Frelich Appleton Palmer Gene Vance II Mariano-Florentino Cuéllar St. Louis, MO Chair of the Council of the Stanford, CA Palmer Gene Vance II Fund for Justice Education, Chair of the Council of the Mariano-Florentino Cuéllar American Bar Association Doreen D. Dodson Fund for Justice Education, Stanford, CA St. Louis, MO American Bar Association Daniel B. Rodriguez Jimmy K. Goodman Dean, Northwestern Jimmy K. Goodman Daniel B. Rodriguez Oklahoma City, OK University School of Law Oklahoma City, OK Dean, Northwestern University School of Law Kay H. Hodge Don Slesnick Hon. Sophia H. Hall Boston, MA Chair, The Fellows of Chicago, IL Kathleen J. Hopkins David S. Houghton The American Bar Foundation Kay H. Hodge Chair, The Fellows of The American Bar Foundation Omaha, NE Cheryl I. Niro Boston, MA Hon. Cara Lee Neville (Ret.) Hon. Wallace B. Jefferson Chair-Elect (through October 2013), Harold D. Pope III The Fellows of Southfield, MI Chair-Elect, The Fellows of Austin, TX The American Bar Foundation The American Bar Foundation Wm. T. Robinson III Wm. T. Robinson III Kathleen J. Hopkins Florence, KY Michael H. Byowitz Florence, KY Chair-Elect, The Fellows of Secretary, The Fellows of Hon. Ellen F. Rosenblum The American Bar Foundation Hon. Ellen F. Rosenblum The American Bar Foundation Salem, OR Salem, OR (Vacant) Executive Committee Secretary, The Fellows of E. Thomas Sullivan E. Thomas Sullivan David A. Collins, Chair Burlington, VT The American Bar Foundation Burlington, VT Ellen J. Flannery Walter L. Sutton, Jr. Walter L. Sutton, Jr. Executive Committee George S. Frazza Dallas, TX Bentonville, AR Hon. Bernice B. Donald, Chair Kay H. Hodge David B. Wolfe David A. Collins David B. Wolfe Kathleen Hopkins Livingston, NJ Livingston, NJ Ellen J. Flannery David S. Houghton George S. Frazza Walter L. Sutton, Jr. William C. Hubbard Don Slesnick Special Advisors Lauren Stiller Rikleen Special Advisors Mark Suchman Leonard H. Gilbert Myles V. Lynk Lauren Stiller Rikleen Mark Suchman

www.americanbarfoundation.org • 2014 Annual Report 3 Fellows Research Advisory Committee

Mission The Fellows Research Advisory Committee serves as a bridge between the research program of the American Bar Foundation and the profession, including the practicing bar, the judiciary, and legal education. Through interaction with the researchers and the leadership of the ABF, the Committee strives to bring the interests and concerns of the legal profession to the attention of ABF researchers and to inform the profession about the breadth and quality of ABF research through seminars and other activities.

Members Emeritus Honorable Cara T. Neville, Chair Members Benchmark National ADR LLC Jacqueline Allee Minneapolis, MN Coconut Grove, FL Honorable Miriam Shearing (Ret.), Ellen J. Flannery Immediate Past Chair Covington & Burling LLP Supreme Court of Nevada Washington, D.C. Las Vegas, NV John B. Attanasio Judge William Hawley Atwell Chair of Constitutional Law and Professor of Law and Former Dean Dedman School of Law Southern Methodist University Dallas, TX Sharon Stern Gerstman Magavern Magavern Grimm LLP Buffalo, NY Honorable Denise R. Johnson (Ret.) Vermont Supreme Court Montpelier, VT Thomas E. Kopil Marte and Toadvine, Attorneys at Law Langhorne, PA Graydon Dean Luthey, Jr. GableGotwals Tulsa, OK Robert E. Lutz II Southwestern University School of Law Los Angeles, CA Honorable Delissa A. Ridgway United States Court of International Trade New York, NY Kevin L. Shepherd Venable LLP Baltimore, MD

4 American Bar Foundation • www.americanbarfoundation.org Past Presidents of the American Bar Foundation

2012–2014 Hon. Bernice B. Donald 2010–2012 William C. Hubbard 2008–2010 Richard Pena 2006–2008 David K.Y. Tang 2004–2006 Robert O. Hetlage* 2002–2004 M. Peter Moser* 2000–2002 Jacqueline Allee 1998–2000 Kenneth J. Burns, Jr.* 1996–1998 Robert MacCrate 1994–1996 John C. Deacon* 1992–1994 Robert W. Bennett 1990–1992 Wm. Reece Smith, Jr.* 1988–1990 H. William Allen 1986–1988 Randolph W. Thrower* 1984–1986 F. Wm. McCalpin* 1982–1984 Seth M. Hufstedler 1980–1982 John J. Creedon 1978–1980 Robert W. Meserve* 1976–1978 Bernard G. Segal* 1974–1976 Maynard J. Toll* 1971–1974 Hon. Erwin N. Griswold* 1968–1971 Lewis F. Powell* 1965–1968 Ross L. Malone* 1964–1965 William T. Gossett* 1960–1964 Whitney North Seymour* 1959–1960 John D. Randall* 1958–1959 Ross L. Malone* 1957–1958 Charles S. Rhyne* 1956–1957 David F. Maxwell* 1955–1956 E. Smythe Gambrell* 1954–1955 Loyd Wright* 1953–1954 William J. Jameson* 1952–1953 Robert G. Storey* (Elected the first president on November 21, 1952) * Deceased

www.americanbarfoundation.org • 2014 Annual Report 5 Report of the Director: Robert L. Nelson

This is my final letter for the Annual Report, as I am stepping down as Director effective August 31, 2015. I look forward to continuing as the MacCrate Research Chair at the ABF and as a professor at Northwestern University. In the eleven years I have served as Director, and indeed over the course of more than thirty years on the research faculty, I have seen the research and programming of the ABF grow in sophistication and impact.

As the pages that follow describe, ABF research is making a meaningful difference in the role that law plays in the lives of individuals and communities in the United States and abroad. Our research is helping to reshape our nation’s policies on how best to invest in the lives of young people. It has demonstrated the social and political costs of mass incarceration, especially for poor and minority communities. It is improving the administration of justice by providing critical information on how juries actually decide cases. It is aiding families and their lawyers in preparing for decisions on how to care for loved ones near the end of life. It is providing comprehensive information on the world’s constitutions and thereby supporting the efforts of those drafting new constitutions in nations struggling to develop the rule of law. It is providing unprecedented information on the legal needs of Americans and innovations that might fill the justice gap. It is examining the roles that lawyers can play in protecting human rights. It is examining the changing character of the careers of lawyers and the opportunities for women and minorities within the profession. The ABF is a thought leader on these and other issues that are of critical concern to our profession and the society we serve.

Over the last year, the ABF engaged in a thorough self-examination of its research program and whether we were most effectively pursuing our mandate to meet the needs of the legal profession and the system of justice. As a result of that review, we are initiating a multi-year planning process to guide the development of our research agenda. Our plan will continue the ABF commitment to empirical research of a scale and quality that can transform our understanding of law and lead to new directions in law and policy.

We can be proud of many accomplishments over the last decade. ABF research has been recognized as pathbreaking. We have enjoyed a more than 80% success rate in applications to the National Science Foundation. We have garnered numerous awards—including the Nobel Prize, a MacArthur Genius award, elections to the National Academy of Science and the American Academy of Arts and Sciences, the Bancroft Prize. Our doctoral fellowship program serves as an incubator for the next generation of law and society scholars, as our fellows go on to faculty positions in leading universities.

None of this would have been possible without your support. The Fellows of the ABF have more than tripled their contributions in 10 years, going from $500k and 8% of our revenue to $1.5M and 25% of our revenue. The major institutional grant we receive from the American Bar Endowment, which makes up one-half of our revenue, remains foundational to our efforts.

It has been great fun to lead this extraordinary organization and to get to know so many wonderful and interesting people in the American Bar family. Thank you for all your support.

Robert L. Nelson

6 American Bar Foundation • www.americanbarfoundation.org Highlights

Listening, Sharing Findings & Mentoring the Next Generation of Scholars In May, ABF hosted the Third Annual Conference of the Research Group on Legal Diversity in May 2014, organized around the theme of Bias and Law. The conference provided the opportunity to share research findings, to listen to presentations by researchers and practitioners from across the country, and to hear the concerns and perspectives of practitioners regarding everyday issues of diversity, bias, and law. After keynote presentations by Joan Williams, Jerry Kang, and David Wilkins, the conference heard from Jeffrey Rachlinski— a leading scholar on bias among judges—and ABF researchers studying racial bias in sentencing, racial disparities in obtaining representation and gaining favorable outcomes in employment civil rights cases, and the blurred line between bias and common sense in jury deliberations. ABF plans to build on this research as it collaborates with the ABA Litigation Section and the ABA Judicial Division in planning a conference on implicit bias in the courts, tentatively scheduled for Fall 2015. In September in Phoenix, Arizona, ABF Director Robert Nelson participated in the 5th Annual Leadership Council on Legal Diversity (LCLD) Meeting, where he shared findings on the effects of LCLD programs on the careers of women and minority attorneys. The LCLD is made up of more than 200 corporate chief legal officers and law firm managing partners who are working “to build a more open and diverse legal profession.” Nelson and colleagues presented recent findings from the After the JD (AJD) study of lawyer careers at several venues, including the Association of American Law Schools in New York in January, the ABF Fellows CLE Seminar, ABA Midyear Meeting, in Chicago in February, the Northern Illinois University College of Law Board of Visitors, in April, and the NALP Annual Education Conference in Seattle, also in April. NALP also sponsored a one-day symposium highlighting the release of the AJD III report, on April 24, 2014, in the Washington, D.C. offices of Arnold & Porter. AJD findings were shared again at the Law & Society Association Annual Meeting, May-June 2014, in Minneapolis. Again with • ABF leaders and scholars at the Third Annual Conference sponsorship from NALP, these findings were published in October in After of the Research Group on Legal Diversity, May 2014. Front row, left to right: Robert L. Nelson, Walter L. Sutton, the JD III: Third Results from a National Study of Legal Careers. (For more Jr., Joan C. Williams, Kay H. Hodge, Hon. Bernice B. on AJD findings, please see page 17 of this report.) A joint session with Donald, Ronit Dinovitzer, David A. Collins. Back row, left to right: Jerry Kang, William C. Hubbard, Jimmy K. the Young Lawyers Division of the ABA and the ABF on diversity issues Goodman, David S. Houghton, David B. Wilkins. raised by the AJD project will be held at the ABA Midyear Meetings in • Keynote speaker Joan C. Williams, Distinguished Professor of Law, UC Hastings College of Law, gave the address Houston in February 2015. “What Works for Women at Work” at the Third Annual In April, ABF Research Professor Laura Beth Nielsen participated in Conference of the Research Group on Legal Diversity. a University of Kansas conference commemorating the 60th anniversary of Brown v. Board of Education. Nielsen was part of the panel, “Engaging

www.americanbarfoundation.org • 2014 Annual Report 7 Highlights

Inequality.” In October, Nielsen was a panelist, along with Anita Hill, Brandeis University and Catharine MacKinnon, University of Michigan Law School, at the conference “Sexual Harassment and Barriers to Advancement: What Has Changed Since the 1990s?”, held at Stanford Law School. ABF Faculty Fellow Rebecca Sandefur presented findings from the Community Needs and Services Study (CNSS) at the Fellows CLE seminar at the ABA Annual Meeting in Boston in August. The CNSS, a study of the civil justice experiences of the American public, partially funded by the National Science Foundation, is based on extensive face- to-face interviews, conducted in a representative, mid-sized, Midwestern city. In August as well, Sandefur released a report on the early findings of the CNSS, entitled Accessing Justice in the Contemporary USA: Findings from the Community Needs and Services Study. The report was reprinted in the Fall 2014 issue of ABF’s news magazine Researching Law, which is circulated to all ABF Fellows, as well as numerous law libraries, research organizations and news outlets nationwide. ABF Research Professor Victoria Saker Woeste also spoke at the ABA Annual Meeting in Boston. Woeste was part of the ABA CLE Showcase Program, “Legal Challenges to Hate Speech: Historical Perspectives and Current Controversies”. In August as well, Research Professor Stephen Daniels and Affiliated Scholar Carole Silver shared findings at the New Legal Realism 10th Anniversary Conference. Jointly sponsored by ABF and UC-Irvine Law School, and organized by ABF Research Professor Elizabeth Mertz and ABF Director Emeritus Bryant G. Garth, the conference aimed to bridge the divide between law-in-books and law-on-the-ground, bringing legal education closer to the practice of law-in-action. In October, ABF Research Professor John Hagan and Holly Foster of Texas A&M University presented “From Mass Incarceration to the Great Recession: A Human Security Perspective on Parental Imprisonment and Young Adult Economic Deprivation in America,” at the Conference, “Severe Deprivation in America,” sponsored by the • ABF Director Robert Nelson addressed the 5th Annual Russell Sage Foundation, New York, NY, and marking the inauguration Leadership Council on Legal Diversity meeting in September in Phoenix, AZ. of Russell Sage’s new peer-reviewed journal, RSF. • Researchers from ABF’s After the JD project on lawyers’ As it has for over two decades, ABF faculty mentored the next careers presented findings at several venues in 2014, including the ABA Midyear Meeting in February in Chicago. generation of Law and Society scholars through its Montgomery Summer Left to right: Kathleen J. Hopkins, Daniel B. Rodriguez, Research Diversity Fellowship Program. Four Summer Research Diversity Tommy D. Preston, Jr., Joyce Sterling, Bryant Garth, Ronit Dinovitzer, David B. Wilkins, Abby Eisenberg. undergraduates became part of the ABF community in June-July, 2014. • ABF Faculty Fellow Rebecca Sandefur addressed the At the graduate level as well, students were mentored through ABF’s Fellows CLE Seminar at the ABA Annual Meeting in Boston with findings from her access to justice study, Doctoral Fellowship Program. Three new Doctoral Fellows arrived at the “The Community Needs and Services Study.” ABF in the Fall of 2014. For more on the Doctoral Fellowship program

8 American Bar Foundation • www.americanbarfoundation.org as well as the Montgomery Summer Research Diversity Fellowship Program, please see pages 38 and 39 of this report. This year ABF was delighted to learn that ABF Board Member Mariano-Florentino (Tino) Cuéllar, who was a Montgomery Summer Research Diversity Fellow in 1992, was nominated to the California Supreme Court by Governor Jerry Brown, and approved by voters on November 4. Cuéllar will take his place on the court in January 2015. Creating Opportunities & Fostering Partnerships The Third Annual Conference of the Research Group on Legal Diversity, mentioned above, celebrated the successful conclusion of the fundraising campaign to endow the William H. Neukom Fellows Research Chair in Diversity and Law. A dinner in Neukom’s honor was attended by donors, ABF leadership, conference speakers, and doctoral students. The conference and dinner featured remarks from ABA President William Hubbard, Robert Grey, Executive Director of the LCLD, and ABF President Hon. Bernice B. Donald. The campaign was supported by past ABA Presidents who acted as co-chairs (Martha Barnett, Robert Grey, Roberta Ramo, and Stephen Zack) and Fellows officers and staff. As a result, the ABF can move ahead to hire a scholar doing research in diversity and law. ABA entities continue to reach out to the ABF for its research expertise. Throughout 2014, ABF worked with the ABA Commission on Women on the roles of women litigators in federal cases, using the Northern District of Illinois as the research site. The Commission and the ABF are contributing equally to the research project. The joint project, from which a report will be generated, is analyzing patterns of gender inclusion and exclusion in different kinds of cases. Drawing on her expertise in the area of access to justice, ABF Faculty Fellow Rebecca Sandefur served as an advisor to then-ABA President James Silkenat’s legal job corps initiative, as well as to ABA President William Hubbard’s initiative on the future of legal services. In September ABF hosted a working research group on • Rebecca Sandefur and ABA CLE Seminar co-panelists. Left to right: Karen A. Lash, Rebecca Sandefur, Mary Climate Change and Law. This group, headed by former ABF Research Ryan, Helaine M. Barnett, Justice Earl Johnson, Jr. (Ret.), Assistant (now Professor of Political Science, Drexel University) Scott James J. Sandman. Barclay, spent the day brainstorming on how Law and Society scholarship • ABF Research Professor Victoria Saker Woeste makes a presentation as part of the ABA CLE Showcase program, might inform the discussion around climate change moving forward, and “Legal Challenges to Hate Speech: Historical Perspectives drafting a plan of action to generate more targeted scholarship by Law and Current Controversies.” • The Montgomery Summer Research Diversity Fellows visited and Society scholars in the near future. ABA’s Chicago headquarters during their eight week ABF Research Professor Shari Diamond has served as a Special Advisor to fellowships. Left to right: Elijah Porter, Jr., Kaitlyn Williams, Jose Aguayo, and Pedro Alfonso. the ABA Commission on the American Jury Project. In October Diamond was moderator at the 2014 National Symposium on the American Jury, held in San Diego, California.

www.americanbarfoundation.org • 2014 Annual Report 9 Highlights

For the last several years, ABF has fostered a collaborative relationship with the Public Welfare Foundation (PWF), a Washington, D.C.-based non-profit organization that “supports efforts to advance justice and opportunity for people in need.” In 2014 the PWF invited ABF to partner with them on a project in New York State and Washington State—“Increasing Access to Justice through Expanded Roles Beyond Lawyers: Developing and Testing an Evaluation Framework.” Led by ABF Faculty Fellow Rebecca Sandefur and funded by PWF, ABF and PWF are joined in this effort by the National Center for State Courts. In 2014 the ABF community was enriched by the presence of fourteen Faculty Visitors, a record number. Faculty Visitors, from universities across the country and the world, and representing a wide variety of law and social science perspectives, hold residencies at ABF, ranging from a few months to a year. While in residence they share their research in formal seminar presentations, collaborate and consult with ABF faculty, and otherwise participate in the life of the community. Engaging Globally Research Professor Shari Diamond participated in two international conferences on juries in 2014, the Third International Conference on Empirical Studies of the Judicial Systems in Taipei, Taiwan, and the International Congress on Trial by Jury, in Buenos Aires, Argentina. While in Argentina, Diamond was also invited by Minister of Justice for the Province of Salta, Pamela Calleti, to speak on “The Jury Decision Making Process,” at a meeting held at the Ministry of Justice in the city of Salta. ABF Faculty Fellow Bernadette Atuahene lectured across the country and in South Africa on her new book We Want What’s Ours: Learning from Land Restitution in South Africa. Published in 2014, and drawing on research partially supported by ABF, Atuahene’s book explores the complexities raised by the search for remedies for past land dispossession in South Africa and introduces the concepts of “dignity takings” and “dignity restoration.” • The Third Annual Conference of the Research Group on Legal Research Professor Terence Halliday’s report, Global Surveillance Diversity marked the successful conclusion of the fundraising campaign to endow the William H. Neukom Fellows Research of Dirty Money: Assessing Assessments of Regimes to Control Money- Chair in Diversity and Law. During the conference Neukom was Laundering and Combat the Financing of Terrorism, released in January, honored at a celebratory dinner. Former ABA President Robert J. Grey, Jr. addresses dinner guests. 2014 and co-authored by Michael Levi and Peter Reuter, is the • ABF Research Professor Shari Diamond addresses the 3rd first-ever independent assessment of efforts by the International International Conference on Empirical Studies of Judicial Systems, Monetary Fund and the Financial Action Task Force to combat with the talk, “The Jury: A Look at Deliberations,” in Taipei, Taiwan, September 2014. At left is Tzu-Yi Lin, Director and Distinguished money laundering and the financing of terrorism. Sharing insights Research Professor, Academia Sinica, Taipei, Taiwan. gleaned from his research on the subject, Halliday participated • Shari Diamond was the featured speaker at the conference, “The Jury-Decision Making Process,” held on November 25, 2014 in Salta, in the Chicago Council on Global Affairs panel “Dirty Money: Argentina, and sponsored by the Ministry of Justice for the Province A New Era of Laundering and Enforcement” before an audience of Salta. Later, Diamond was interviewed on the television program “Reporte en la Mañana”. To Diamond’s left, Andrés Harfuch, Vice of approximately 250 policy makers, civic leaders, interested President of the Argentinian Association of Trial by Jury, translates. citizens, and students.

10 American Bar Foundation • www.americanbarfoundation.org September 2014 marked the one-year anniversary of Constitute, a project led by ABF Research Professor, Tom Ginsburg, along with his collaborators Zachary Elkins (University of Texas at Austin), and James Melton (University College London). Constitute leverages a unique data set of national constitutional provisions, several years in the making, to produce a user-friendly website that allows constitutional designers, international organizations, and citizens to learn about approaches adopted in other states around the world. The tool draws on the work of another of Ginsburg’s projects, the Comparative Constitutions Project, that has collected and analyzed nearly all of the 936 national constitutions produced since 1789. In June 2015, Ginsburg, along with his Comparative Constitution Project collaborators, will present “The Enduring Influence of the Magna Carta on Contemporary Constitutions” at the American Bar Association’s commemoration of the 800th anniversary of the Magna Carta in London. Ginsburg also is serving to advance the rule of law as one of the co-organizers of the Rule of Law Research Consortium of the World Justice Project (WJP). WJP is headed by former ABA President and ABE Board member, William Neukom, co-chaired by ABA President and former ABF President, William Hubbard, and WJP board member and ABA Past-President James Silkenat. In October Ginsburg convened the conference, “What We Know and Don’t Know About the Rule of Law,” which brought together some fifty experts from around the world to consider the current state of rule of law research and define an agenda of rule of law research going forward, integrating theoretical and practical approaches. Research Professor Jothie Rajah spoke on the rule of law in Singapore and the complicated nature of understanding the rule of law from different cultures at the panel discussion on the global rule of law, which was part of the Nobel Peace Prize Forum 2014 “Law and Business Day,” sponsored by Thompson Reuters. Recognition On December 10, ABF Research Professor James Heckman participated in a White House summit on the importance of early childhood education for later success in school and adulthood. • ABF Faculty Fellow Bernadette Atuahene lectured across the country on her new book and short film, Heckman presented research that identifies the immense value of early We Want What’s Ours: Learning from Land Restitution in childhood education, as well as the finding that the development of South Africa. Atuahene addresses a Chicago audience. • ABF Research Professor Terence Halliday with former social skills and character are just as important as IQ for a child to President of Malawi Joyce Banda, at an event at the succeed in adulthood. President Obama also addressed the summit, Chicago Council on Global Affairs (CCGA). Halliday presented at the CCGA in October on his research as well as Secretary of Education Arne Duncan. on anti-money laundering surveillance. For the second year in a row, President Obama referenced Heckman’s • September 2014 marked the one-year anniversary of research on early childhood education in the 2014 State of the Union Constitute, an interactive website for constitution drafters developed by ABF Research Professor Tom Ginsburg. address. Heckman’s research team has demonstrated that investments in early childhood education can reduce crime, lead to better health outcomes, and add to economic productivity. These results have spurred

www.americanbarfoundation.org • 2014 Annual Report 11 Highlights

proposals for early childhood education programs in both politically conservative and politically liberal states and locales. Heckman was awarded the Frisch Medal from the Econometric Society, which recognizes exceptional applied work in econometrics, the branch of economics that uses empirical content to quantify economic relations. The award was given for Heckman’s article (with Flavio Cunha and Susanne M. Schennach), “Estimating the Technology of Cognitive and Noncognitive Skill Formation,” published in Econometrica in 2010. Heckman was awarded the Spirit of Erikson Award by the Erikson Institute, an independent graduate institution of higher education that prepares child development and family services professionals for leadership, for his research on the influence of early childhood development on health, economic and social outcomes for individuals and for society at large. Research Professor Tom Ginsburg’s Constitute project was chosen for a Tribeca Disruptive Innovation Award. The Tribeca Awards “focus on breakthroughs occurring at the intersection of technology and culture where frequent clashes and resistance to change impede social progress and solutions for some of the world’s most vexing problems.” Research Professor Carol Heimer was recognized with the 2014 Star-Nelkin Award from the Science, Knowledge, and Technology Section, American Sociological Association, for the article, “Inert Facts and the Illusion of Knowledge: Strategic Uses of Ignorance in HIV Clinics,” published in Economy and Society in 2012. ABF Visiting Scholar and Montgomery Summer Research Diversity Fellowship alumna (1991) Erika George was recognized by the Salt Lake City Human Rights Commission with its Third Annual Human Rights Award on December 10. George, who is Professor of Law at the University of Utah’s S.J. Quinney College of Law, researches the intersection between globalization and human rights, addressing such issues as gender violence and gender inequality, socio-economic rights, cultural pluralism and environmental justice. • In October the Rule of Law Research Consortium of the World Research Professor Traci Burch was the recipient of three major Justice Project convened the conference “What We Know and Don’t Know About the Rule of Law.” awards in political science. Burch’s book Trading Democracy for Justice: • ABF Research Professor Jothie Rajah (second from left) spoke Criminal Convictions and the Decline of Neighborhood Political Participation on the rule of law in Singapore and the complicated nature of understanding the rule of law from different cultures at the (University of Chicago Press, 2013) was recognized with the panel discussion on the global rule of the law, which was part • American Political Science Association 2014 Ralph J. Bunche of the Nobel Peace Prize Forum 2014, “Law and Business Day,” Award for the best scholarly work in political science on ethnic sponsored by Thomson Reuters. Left to right: Keith Nelsen, General Counsel, Best Buy, Jothie Rajah, Hon. John R. Tunheim, and cultural pluralism U.S. District Court Judge for the District of Minnesota, Hon. • American Political Science Association Urban Section 2014 Wilhelmina Wright, Associate Justice, Minnesota Supreme Court. • ABF Research Professor James Heckman presents findings Best Book Award on the importance of early childhood education for success in • American Political Science Association Law and Courts school and adulthood at a December 10, 2014 White House Summit on Early Education. Section 2014 C. Herman Pritchett Award for the best book on law and courts written by a political scientist and published the previous year.

12 American Bar Foundation • www.americanbarfoundation.org Research Program

Research at the ABF is conducted by a residential research faculty and over fifty affiliated scholars from across the nation and the world. In the following areas and more, the ABF has been recognized as a thought leader and a source of research that is shaping policy. The findings from ABF research presented below are representative, but by no means exhaustive of ABF’s collective research efforts and achievements.

Access to Justice Partnering with the ABA ABF Faculty Fellow Rebecca Sandefur, with funding from the Legal Services Corporation and Friends of “ I had the privilege of serving as President of the Legal Services, produced the first comprehensive American Bar Foundation (ABF). As I move into the mapping of civil legal assistance across all 50 states. Presidency of the American Bar Association, I am Her findings show that relying heavily on ABF empirical data—the After the • Diversity and fragmentation combine to create an JD project, Rebecca Sandefur’s work on access to access to civil justice infrastructure characterized justice—research that is forming the basis of many of by large inequalities both between states and the initiatives that we hope will push the ABA forward within them. in our programmatic development over the next year, With support from the National Science and through that improve our justice system and Foundation, Sandefur is continuing her research by strengthen the legal profession.” conducting the Community Needs and Services Study, —William C. Hubbard an in-depth study of civil legal needs and services in a President, American Bar Association, 2014-2015 mid-size American community. Early results show that Past President, American Bar Foundation • 70% of households report at least one “justiciable” Life Patron Fellow, American Bar Foundation legal problem. • Only 4% of those households consult a lawyer about the problem. • The main reason for not consulting a lawyer in such cases is lack of recognition that the issue is a legal one; cost is not the main barrier. Sandefur has been working with national bar leaders on access to justice issues, acting as an adviser to James Silkenat’s legal job corps initiative, as well as to William Hubbard’s initiative on the future of legal services. check and gather information to clarify competing Civil Justice claims, rather than advocating for one side or another. ABF Research Professor Shari Seidman Diamond’s • When jury instructions fail, they do so primarily research on video tapes of deliberations of jurors in in ways that are ignored in debates about juries 50 real civil trials in the State of Arizona has yielded and law. a wealth of findings indicating that • Jurors who are allowed to discuss the case as the As a member of the American Bar Association’s trial progresses show better accuracy of recall, and American Jury Project, Professor Diamond helped report greater comprehension of expert testimony. draft the Principles for Juries and Jury Trials, which • Questions submitted by jurors during trials reveal were adopted in 2005. Diamond’s research has that jurors are intensely aware of the adversarial been incorporated into the evaluation and training nature of the trial process, and are attempting to programs of the Federal Judicial Center.

www.americanbarfoundation.org • 2014 Annual Report 13 Research Program

Criminal Justice Diversity and Equal Justice Research is being carried out at the ABF examining ABF Research Professor Traci Burch, a member the effects of mass incarceration on individuals, of ABF’s Research Group on Legal Diversity, has families and communities. With funding from studied the relationship of skin color and disparities the National Science Foundation, ABF Research in criminal sentencing in Georgia, a state that Professor John Hagan is engaged in a multi-phase classifies inmates by skin color as well as race. research project examining the social effects of mass Early unpublished findings indicate that incarceration. A recently concluded phase of the • “Colorism”—prejudice based on lightness/ project has revealed that darkness of skin—plays a role in sentence length. • More than 3 million American children have • Overall, in Georgia, in the years 1995-2002 in a an incarcerated parent. sample of 67,379 convicts, criminal sentences of • The overall U.S. college graduation rate of blacks were 4.25% longer than those of whites, 40% drops to 1-2% among children of mothers even when controlling for criminal history and who are imprisoned and to about 15% for other relevant factors. children of imprisoned fathers. • In the same sample, sentences of blacks with • Even if their own parents are not imprisoned, “light” complexions were the same length as when children go to schools where 10-20% those for whites. of other parents are imprisoned, the college • Sentences for blacks with “medium” and “dark” graduation rate drops by half. complexions were 4.8% longer than those for whites and “light” complected blacks. ABF was awarded a National Science Foundation grant to fund a conference on the policy implications Recent research conducted by ABF Research of parental incarceration, which was held at the Professors Laura Beth Nielsen and Robert L. Nelson, Executive Office Building in Washington, D.C. in with Amy Myrick, considers how race may play a role August, 2013, and which brought together leading in plaintiffs’ ability to find a lawyer. Examining racial researchers in the field. In part based on research patterns of lawyer use in employment discrimination such as Hagan’s, new policy developments have cases, the investigators find that come about in this area, as Attorney General Holder • African Americans are 2.5 times more likely than announced changes in Justice Department policy on white plaintiffs to file employment discrimination seeking incarceration for non-violent drug offenders. cases pro se, or without a lawyer. Other racial Recently, the U.S. Sentencing Commission reduced minorities, including Hispanics and Asians, its mandatory sentencing guidelines for certain are 1.9 times more likely to file pro se than their non-violent drug offenses. white counterparts. • Lack of information about the legal system, lack of trust in lawyers and their motives, and lack of time and resources to go through the arduous process of searching for a lawyer are all “bottom up” factors that contribute to the disparity in representation. Human Rights The ABF’s Center on Law and Globalization, founded in 2007, works to develop partnerships that produce social science pattern evidence, sound research methodology and reliable results to assist in the prosecution of systematic sexual violence, protect the victims, and, ideally, predict when and where it will occur. The Center disseminates findings to victims’

14 American Bar Foundation • www.americanbarfoundation.org attorneys/representatives, local and international activists, specialists in compensation for victims, the media, social scientists, NGOs, and international lawyers and court officials. Since 2009 the Center has hosted meetings at The Hague focusing a spotlight on urgent problems of systematic violence: • Hague I: Sexual Violence as International Crime: Interdisciplinary Approaches to Evidence (9/16/2009-9/18/2009) • Hague II: Systematic Sexual Violence and Victims’ Rights (4/17/2011- 4/19/2011) • Hague III: The Efficacy of the International Criminal Justice Tribunals for Mitigating Genocide, Crimes Against Humanity, and Systematic Violence Against Women (scheduled for Spring 2015) Law and Education Real-World Impact ABF Research Professor and Nobel Laureate Charles E. Wood, of Southborough, MA, a Life Fellow of economist James J. Heckman is engaged in a multi- the ABF, recently put ABF research to use in the courtroom. year study of the economics of human potential. His research has shown that investment in early education His client, a father, had admitted guilt to a non-violent and healthcare for disadvantaged children from birth offense and knew that prison time was a certainty. When to age 5 helps increase the likelihood of healthier Mr. Wood made his presentation on sentencing on behalf lifestyles. Heckman has shown that of his client, he referred the judge directly to ABF research • Disadvantaged children who receive quality being conducted by Professor John Hagan on the limited early healthcare and education are more likely educational prospects for children of incarcerated parents: to demonstrate self-control, follow doctors’ • High U.S. parental incarceration rates jeopardize instructions and lead healthier lives as adults. innocent children’s rights to educational Heckman has also demonstrated that early opportunities. Hagan found that: childhood education helps • Reduce the achievement gap • The overall U.S. College graduation rate of • Reduce the need for special education 40% drops to 1-2% among children of mothers • Lower the crime rate who are imprisoned and to about 15% for children • Every dollar invested in high-quality early of imprisoned fathers. childhood education produces a 7 to 10 percent “The judge knew about the ABF,” said Mr. Wood, per annum return on investment. “and it was this argument that the judge paid attention In his State of the Union address on February 12, to. The DA wanted a sentence of a year-and-a-half, 2013, President Obama alluded to Heckman’s research but the judge gave my client eight months.” on early childhood education by saying “Every dollar we invest in high-quality early education can save more He added, “It would have been irresponsible to my than seven dollars later on—by boosting graduation client not to use this research.” rates, reducing teen pregnancy, even reducing violent crime.” Obama again referenced Heckman’s research in the 2014 State of the Union address.

www.americanbarfoundation.org • 2014 Annual Report 15 Research Program

Recently, Heckman’s research has attracted Law and Health bipartisan support. As the New York Times reported ABF Research Professor Susan Shapiro, using in February 2014, “In just the past year, Alabama, unprecedented data from two years of observation in Michigan, Minnesota, Montana and the city of San two intensive care units at a major urban teaching Antonio have enacted new or expanded programs, hospital, is examining how surrogate decision makers while in dozens of other places, mayors, governors and make medical—often end of life—decisions for legislators are making a serious push for preschool.” patients unable to speak for themselves. Thus far, Shapiro’s real-time observations of medical decision Law and Globalization making offer a very different perspective on the ABF Research Professor Terence Halliday’s effectiveness of advance medical directives than that report, Global Surveillance of Dirty Money: Assessing suggested in previous research based on retrospective Assessments of Regimes to Control Money-Laundering and accounts. In particular Combat the Financing of Terrorism, released in January, • Medical advance directives are of limited value 2014, is the first-ever independent assessment of efforts as few people have them, and those that exist are by the International Monetary Fund (IMF) and the often ignored by decision makers and physicians. Financial Action Task Force (FATF) to combat money • Advanced directives are not followed for a variety laundering and the financing of terrorism. The report of reasons, including examines the IMF’s evaluations of the Anti-Money —the directive not being in the patient’s chart Laundering/Combating the Financing of Terrorism —the directive not accurately reflecting the (AML/CFT) systems of 150 countries from 2004 to patient’s wishes 2013. The study, done with the cooperation of the —the directive being too abstract to provide IMF and FATF, finds that meaningful guidance • The current system is pervasive and highly —the surrogate decision makers not following intrusive but without any evidence as to tangible the directive effect. • At present, given the limitations of advance • Assessors were too focused on formal compliance directives, the best protection for potential (“rules on the books”) and did not, in any patients is to have a family member who is systematic fashion, try to ascertain the real impact designated to be aware of the patient’s wishes of a country’s entire AML/CFT regime in practice. and to honor them. • Evaluations were conducted without a clear articulation of the objectives to be achieved Legal Education by AML/CFT measures. ABF Research Professor Stephen Daniels, with Martin Katz and William Sullivan of the University of Denver Sturm College of Law, have recently surveyed a representative sample of law schools about new curricular initiatives, finding that • All responding schools started at least one major curricular initiative since 2001. Most prominent were initiatives involving lawyering skills (96%) and new clinics (81%). • Only 24% of responding schools reported a new initiative related to hiring criteria supporting innovation. • Just 19% of schools reported an initiative related to the criteria for tenure. • The schools active in the area of faculty incentive structures are more likely to also invest in

16 American Bar Foundation • www.americanbarfoundation.org faculty development supporting the integration of legal analysis, skills, and professionalism (as recommended in the influential 2007 Carnegie Foundation report, Educating Lawyers: Preparation for the Profession of Law), and to implement curricular initiatives involving the second and third years along with professionalism. • The beginnings of these innovations predated the economic downturn, suggesting that law schools were not simply responding to the decline in the law market, though the economic downturn of 2008 did appear to hasten innovation in some instances. Legal Profession The ABF long has been recognized as the leading source of research on the legal profession. Among current projects is After the JD (AJD), the first A Survey Respondent’s Story national study of legal careers. AJD is following a large national sample of lawyers admitted to the bar ABF Faculty Fellow Rebecca Sandefur’s research on in 2000 over the first 12 years of their careers. AJD access to justice involves face-to-face interviews with a is a unique source of information on the changing large, representative sample of respondents in a mid-sized nature of lawyer careers. Recent findings include American city. Sandefur found that respondents did nothing • Lawyers are moving away from private practice, about 16% of the civil justice situations they experienced. toward business. 20% were working in the business People were most likely to do nothing about situations sector in 2012, compared to 8.4% in 2003, with employment (28% of the time), government benefits while the percentage of lawyers working in (21% of the time) and insurance (21% of the time). One private practice declined from 68.8 % in 2003 survey respondent in her own words: to 44.1% in 2012. • The gender gap in pay persists. In 2012, female “ When I was pregnant with my oldest one, her respondents working full time earned 80% of natural father passed away. And when I went to the pay reported by male respondents. social security and other agencies, social security • In 2012, 52.3% of female respondents working told me I could not receive [death] benefits because in law firms were partners, compared with 68.8% it was not common knowledge that he was the of male respondents. In the same sample, 65.5% father of my child, because he did not tell anybody... of male respondents were equity partners So I got nothing… I had no help from his family, compared with 53% of female respondents. either, because the day he passed away he—his • Overall, 40.8% of respondents said that the sister asked me to contact her, and whenever economic downturn of 2008- 09 had no I tried she was never available. noticeable effect on their careers. • 76% of respondents indicated they were So I just pretty much let it go and I had people telling “moderately” or “extremely” satisfied with their me, well, why don’t you go get a blood test? Well, I decision to become a lawyer. When asked whether can’t, because he was cremated. Well, why don’t you law school was a “good career investment,” on a go to his parents? I can’t, because he was adopted. 1 to 7 scale, with 4 meaning “neither agree nor So I was a single mother with no help with a $8-an- disagree,” the mean score was 5.46, indicating hour, full-time job. And that’s what I went through.” a relatively positive assessment.

www.americanbarfoundation.org • 2014 Annual Report 17 Research Faculty

Traci Burch Ph.D., Government and Social Policy, Harvard University Joint Appointment: Associate Professor of Political Science, Northwestern University Research Interests: U.S. criminal justice system, political behavior, and structural inequality. Current ABF Project Organizational Capacity and Neighborhood Political Participation This project explores the ways in which the structural features of neighborhoods (such as formal political, social, and religious organizations and other amenities) as well as demographic features

RESEARCH PROFESSORS of neighborhoods (such as crime, poverty, and racial diversity) shape political participation.

Stephen Daniels Ph.D., Political Science, University of Wisconsin Research Interests: law and public policy; components of the U.S. civil justice system; legal education; U.S. Supreme Court/Constitutional Law. Research has addressed curricular innovation in U.S. law schools, legal services for the poor, public opinion on the legal system, plaintiffs’ lawyers, juries, trial courts, and the politics of tort reform, including the areas of medical malpractice, products liability, and punitive damages. Current ABF Project It’s Deja Vu All Over Again: Plaintiffs’ Lawyers and the Evolution of Tort Law and Practice in Texas (with Joanne Martin) The project examines the changes in the practices of plaintiffs’ lawyers in the wake of tort reform. These changes are important because tort reform is a major arena of policy debate in the United States, and because these lawyers act as gatekeepers to the civil justice system and the rights and remedies the law provides.

Shari Seidman Diamond Ph.D., Social Psychology, Northwestern University; J.D., University of Chicago Joint Appointment: Howard J. Trienens Professor of Law and Professor of Psychology, Northwestern University School of Law Research Interests: legal decision-making, including conflicts between expertise and impartiality; discretion and control; equality and individuation; and science and law. Research addresses how these conflicts influence jury and judicial decision-making, how juries grapple with evidence and the law, judgments about fairness, and how courts use and fail to make use of scientific evidence. Current ABF Project Building on the Arizona Filming Project (with Mary R. Rose and Beth Murphy) This project was made possible by a unique opportunity to record real jury deliberations. The book currently under completion uses the deliberations of 50 civil trials to answer a variety of theoretical and policy-related questions about the jury, and to construct an in-depth picture of the deliberating jury. Topics covered in the analysis include reactions to expert testimony; the relationship between liability decisions and damage awards; the impact (and understanding) of judicial instructions; the influence of juror questions for witnesses on juror decision making; juror expertise and the use of personal experience in deliberations, the process of persuasion and compromise in jury deliberations; and the fractured boundary between common sense and bias.

18 American Bar Foundation • www.americanbarfoundation.org RESEARCH PROFESSORS www.americanbarfoundation.org

war resistance,massincarceration,lawyers,anddomesticcriminality. legal reforminNortheastAsia;andcomparativenotionsofjudicialindependence. Inequality andExclusion Inter-Institutional, Inter-Generational andInter-Sectional Modelsof Punishment RegimesandtheMulti-LevelEffects ofParental Imprisonment: of strongtoweakstatetransitionthatmaybeincreasingly replacingolderformsofconflict. “new war”casestudyofthesectarianandeconomicconsequences ofviolentcrimeinakind gangs andmilitias.Thecombinationofdatasetsavailable forthisresearchallowsaunique protection, andresourceneedsinturncausedextensivesectarianlootingviolentcrimeby ethno-sectarian strongstaterepressionwasfollowedbyaweakinwhichfearsaboutsafety, diverse sampleofIraqisinBaghdadandbeyond,theresearchwillassesswhetherhowIraq in crimesagainstpersonsandproperty. Drawingonthreedatasetsoutliningtheexperiencesofa The U.S.ledinvasionandoccupationofIraqbyCoalitionforcescoincidedwithatransformation Crime, War andWealth inPre-and Post-InvasionIraq Current ABFProjects Research Interests: Joint Appointment: Ph.D., Sociology, UniversityofAlberta John Hagan are crucialinunderstandingthedevelopmentandspreadofconstitutionalrightsinstitutions. characteristics (e.g.,colonialheritage,priorentrenchmentpatterns,regime-type,domestic,etc.) which emphasizesinternationalfactors,wearguethatdomesticpoliticalfactorsandcountry present, usingnewdatafromtheComparativeConstitutionsProject.Unlikeexistingliterature, This projectexaminestheoriginsanddiffusionofrightsinnationalconstitutionsfrom1789to Writing Rights:InnovationandDiffusion inNationalConstitutions Current ABFProject Research Interests: Joint Appointment: J.D., BoaltHallSchoolofLaw, Berkeley UniversityofCalifornia, Ph.D., JurisprudenceandSocialPolicy, Berkeley; UniversityofCalifornia, Tom Ginsburg and exclusion. and intersectionalindifferentiating outcomesalongracial/ethnicandgenderlinesofinequality parents tochildren;inter-institutional inconnectingstatepunishment regimeswithlocalschools; Theapproachisintergenerationalinlinkingimprisoned mid-adolescence toearlyadulthood. the projectwilltraceimpact ofthisparentalimprisonmentontheirsonsanddaughters from who havespenttimeinjailor prisonduringthepeakgrowthyearsofincarcerationinthis country, of AdolescentHealth,which includesinformationfromover2000sonsanddaughters of fathers are imprisonedparents.Working withdatacollectedfromtheNationalLongitudinalStudy times greaterthaninEuropeanandScandinaviancountries, andthemajorityofAmericanswho the lifeofanadolescent.Americanincarcerationisfourtimes largerthaninthe1970s,sixtoten This studyisdesignedtobetterunderstandthedifference that parentalincarcerationmakesin of SociologyandLaw, University Northwestern Professor ofPoliticalScience,UniversityChicago JohnD.MacArthurProfessor LeoSpitzProfessor ofLawand theintersectionofinternationalcriminallaw, warcrimes, thedrafting,design,andimplementationofnationalconstitutions; (with HollyFoster) • 2014Annual Report

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A Comparative Cohort Study of the Global Economic Recession and the Early Careers of Women and Men Lawyers in New York City, Paris and Frankfurt (with Gabriele Plickert, Patricia Parker, and Hans Merkens) This research is expanding a national U.S. study of lawyers (the American Bar Foundation’s After the JD study) to include two cities in Germany—Frankfurt and Berlin. This will be a comparative study of the entry and advancement of women and men lawyers in the business and political capitals of these two countries. The project extends ongoing comparative research on the legal profession in the U.S. and Canada to Germany.

RESEARCH PROFESSORS Terence Halliday Ph.D., Sociology, University of Chicago Joint Appointment: Adjunct Professor of Sociology, Northwestern University; Adjunct Professor, School of Regulation, Justice and Diplomacy, Australian National University; and Fellow, College of Asia and the Pacific, Australian National University Research Interests: the globalization of law in markets and politics. The research on law and markets focuses on international trade law, with special reference to the ways in which international trade organizations, such as UNCITRAL, UNIDROIT, and the Hague Conference on Private International Law, create global norms in such diverse areas as corporate bankruptcy law, maritime law and secured transactions. The research on globalization and politics, part of an international research collaborative, analyzes the support or resistance of the legal complex (e.g., lawyers, judges, prosecutors, law faculty) to the advance of political liberalism worldwide. A major project studies the ability of China’s criminal defense lawyers to protect basic legal freedoms. Current ABF Projects The Rise of Lawyer Activism in China (with Sida Liu) A study of the varieties of activism exercised by China’s lawyers in criminal defense, the protection of basic legal freedoms, and public interest causes, such as health, the environment, protection of women and children, and rule of law. Lawyers in the Pursuit of Basic Legal Rights: Criminal Defense in China (with Sida Liu) This project undertakes a major empirical study on criminal defense lawyers and political liberalism in China using a combination of social science methods, including interviews, media analysis, archival research, and online ethnography.

James J. Heckman Ph.D., Economics, Princeton University Joint Appointment: Henry Shultz Distinguished Service Professor, Department of Economics and the College, University of Chicago Research Interests: the economics of human development, building theoretical and empirical models of human capacity formation; the development of a body of new econometric tools that address this issue; the development of a scientific basis for economic policy evaluation. This work emphasizes the role of the family in producing capacities and the effects of capacities on education, wages, health, crime, and other dimensions of lifetime achievement.

20 American Bar Foundation • www.americanbarfoundation.org RESEARCH PROFESSORS www.americanbarfoundation.org

and adaptationofrulesastheyflowacrossboundaries. forms ofgovernancetohealthcare(HIVclinics,infantintensivecareunits);andthediffusion on therelationshipbetweenlawandothersystemsofrulesnorms;diffusionmorelegalistic by furtherlegaladjustments. the cyclicalprocessesoflegal change,followedbyadjustmenttonewlegalregimes,inturn followed pattern ofunevennessinglobalization—here termed“punctuatedglobalization”—inpart reflects or discouragingtheglobalization ofmedicineandhealthcare.Thecorehypothesisisthat the globalized, whichparticipantsaremoreandless andwhatrolelawplaysinencouraging of domains,lookingcloselyateachtoseewhichpartshealth carearemoreandwhichless flexibility inadaptingtolocalcircumstances).Theproject decomposeshealthcareintoaseries theprofessionalpracticesandnormsofmedicine(forinstance,toallowgreater to oraccommodate significant effects(forinstanceingivinglegitimacytoneeded changes)andwherelegalactorsdefer in thevariousdomainsofhealthcare,wecanseebetterwhere lawandlegalactorshaveespecially (such asthepharmaceuticalindustryormedicalresearch). Bystudyinghowglobalizationhasunfolded the variousandsubtlewaysthatlawinfluencesisinfluenced byotherinstitutionalcomplexes in lawaffectglobalization.Thelegalregulationofhealthcare isausefularenainwhichtounderstand This projectwillusethecaseofmedicineandhealthcare tolookcloselyathowdevelopments and GlobalizationinMedicineHealthCare Punctuated Globalization:Law, Institutionalization, the provenanceandvariablybindingcharacterofmanyrulesgoverningclinicwork. an increasedconfusionaboutwhatclinicworkerscanandcannotdoasaresultofuncertainty as aresultofthedialoguecreatedbydiscussionslaws,regulations,andotherkindsrules, of medicinehashadtwomaineffects:aratchetinguppeople’s senseofobligationtoeachother Thailand, andUgandatodiscussthechangingroleoflawinmedicine.Itarguesthatlegalization This bookprojectusesethnographicandinterviewdatafromHIVclinicsintheUS,SouthAfrica, How RulesWork World intheInternational ofHIV/AIDS The LegalTransformation ofMedicine: Current ABFProjects Research Interests: Joint Appointment: Ph.D., Sociology, UniversityofChicago Carol A.Heimer • • Recent workonthisprojecthasincluded: emphasis onself-control. This projectsupportsjointresearchontheeconomicsandpsychologyofcapabilitieswithan Capabilities arethecapacitiesthataffectsocialperformance:cognition,personality, andhealth. Implications forCrime,HealthandtheLaw Capabilities andSelf-control: Current ABFProject A conferenceontheimplicationsofliteraturecapabilitiesandlaw. the developmentaloriginsofcapabilities,includingself-control. on theeffectsofself-controlcrimeandhealth.Aspartthisprojectweareinvestigating An originalresearchprojectanalyzingmultipledatasetsonself-controlwithanemphasis Professor ofSociology, University Northwestern sociologyoflaw;globalandtransnationalsociology. Researchhasfocused • 2014Annual Report

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Research Faculty

John P. Heinz Research Professor Emeritus, LL.B., Yale University Research Interests: the social structure of the legal profession, the political activity of lawyers, and interest group politics. A leading scholar of the legal profession, former Director of the ABF, and winner of the Harry J. Kalven, Jr. Award for Outstanding Scholarship in Law and Society, Professor Heinz has retired from teaching and research. He remains active in the ABF intellectual community and in Chicago civic and professional activities. He continues to write and publish on a variety of topics. RESEARCH PROFESSORS

Steven D. Levitt (on leave, 2014) Ph.D., Economics, Massachusetts Institute of Technology Joint Appointment: William B. Ogden Distinguished Service Professor of Economics, University of Chicago Research Interests: crime, the criminal justice system, and corruption, and a wide variety of issues related to racial disparity and education. Current ABF Project Measuring the Impact of Crack Cocaine (with Roland G. Fryer, Jr.) This project is developing a statistical index to measure the extent to which crack cocaine can account for the adverse trends in many indicators of African American progress in major urban areas during the 1990s. It will shed light on important issues related to public policy and law. Among these issues are the extent to which the important social costs of crack are due primarily to the ingestion of crack per se, or rather to the prohibition of crack and the accompanying enforcement of the law.

Elizabeth Mertz Ph.D., Anthropology, Duke University; J.D., Northwestern University School of Law Joint Appointment: John and Rylla Bosshard Professor of Law, University of Wisconsin Research Interests: language and law; legal education and legal profession; law professors’ professional lives; and how law translates the world around it; examination of these questions through the methods of anthropology and linguistics. Current ABF Projects Senior Status in the Legal Academy (with Katherine Barnes) This is the first national study of America’s law professors, focusing on the post-tenure time during which the bulk of professors’ professional careers take place. Starting with a stratified random sample and oversample of minority professors, it proceeded to a follow-up interview study of over 100 survey participants; results track many facets of law professors’ careers, including differences along lines of race and gender. The Law of Law Professors: In Their Own Voices A companion study to the “Senior Status” project, this research provides a more fine-grained and linguistically sophisticated perspective on today’s law professors in the U.S.. Data collected from written, online video, and interview sources are used to permit law professors to speak “in their own voices” about the law, law schools, and life within the American legal academy in this time.

22 American Bar Foundation • www.americanbarfoundation.org RESEARCH PROFESSORS www.americanbarfoundation.org

the psychologyofproperty;perceptionsresponsibilityandfairness;negotiationconflict. corporate counsel,genderinequality, andemploymentdiscrimination. and socialinequality. Researchhasaddressedtransformationsinthelegalprofession,roleof the variousformsofcapital—human, socialandsymbolic—accumulatedbylawyersover theirlife process throughwhichlawyerscome tooccupyvariouspositionswithintheprofession.Byanalyzing emphasis ofthisstudyistoanalyze thestructureoflegalprofessionbyinvestigating the a mainemphasisofthestudy istobroadlychartthecareeroutcomesoftheselawyers,a further surveyed in2002-03,thesecond in2007-08,andthethirdcontactcommenced2012. While lawyers overthefirsttenyears followinglawschoolgraduation;thefirstcohortoflawyers was almost 5,000newlawyers.TheAJDstudydesignislongitudinal, followingthecareersofnew The AftertheJD(AJD)projectisanempiricalstudyofa nationally representativecohortof After theJD Current ABFProjects Research Interests: Joint Appointment: UniversitySchoolofLaw J.D., Northwestern Ph.D., Sociology, University; Northwestern MacCrate Research ChairintheLegalProfession; ABF Director Robert L.Nelson of ordinarypeoplewhentheymakejudgmentsaboutblameandpunishment. aim oftheprojectistoinformcriminallawtheoryaboutfactorsthatmotivatereasoning psychological blame:theactor’s motive,theactor’s character, andthevictim’s character. Acentral This projectproposestoempiricallyinvestigatethreefactorsthatarehypothesizedinfluence Moral JudgmentandthePsychologyofLegalBlame Current ABFProject: Research Interests: Joint Appointment: J.D. BoaltHallSchoolofLaw, Berkeley UniversityofCalifornia, Ph.D., SocialPsychology, UniversityofIllinois; Janice Nadler training andthought. together toformulate“bestpractices”forintegratingempiricalknowledgeaboutlawintolegal conference heldattheIrvineLawSchoolbroughtscholarsfromdiverseperspectivesandcountries year, hasforgednationalandinternationalconnectionstosupportsuchefforts.A10thAnniversary Realism Project,whichhashadimportantrootsattheABFsinceitsinceptionandisnowintenth for usebylegalprofessionalsandpeopleseekingjusticethroughthesystem.TheNewLegal andtranslatehigh-qualitysocialscience The ABFhaslongbeenattheforefrontofeffortstoproduce (with UniversityofCalifornia-IrvineLawSchool) New LegalRealism:10thAnniversaryConference Northwestern UniversitySchoolofLaw Northwestern (with RonitDinovitzer, Bryant Garth,GabrielePlickert,andJoyceSterling) Professor ofSociologyand Law, University Northwestern BenjaminMazurSummerResearch Professor, socialpsychologyandlaw, withfocusesoncompliancethelaw; thesocialorganizationoflawpracticeandrelationshipbetween law • 2014Annual Report

sorting

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course, After the JD will bring to light the forms of capital that are valued and rewarded within the legal profession, the social and professional contexts that lead to differential valuations, and how these processes of opportunity and reward may be changing over time. Employment Discrimination Litigation (with Laura Beth Nielsen, John Donohue III, Peter Siegelman, and Ryon Lancaster) Please refer to Laura Beth Nielsen’s entry for project description.

Laura Beth Nielsen

RESEARCH PROFESSORS Ph.D., Jurisprudence and Social Policy, University of California, Berkeley; J.D., Boalt Hall School of Law, University of California, Berkeley Joint Appointment: Professor of Sociology and Law, Director of Legal Studies, Northwestern University Research Interests: the sociology of law, with particular interests in legal consciousness and the relationship between law and inequalities of race, gender, and class, civil rights generally and employment civil rights in particular. Current ABF Projects Contested Constructions of Discrimination (with Jill D. Weinberg and Jeremy Freese) This quantitative and qualitative research project interrogates how laypersons as well as state and federal judges assess the presence or absence of discrimination. Employment Discrimination Litigation (with Robert L. Nelson, John Donohue III, Peter Siegelman, and Ryon Lancaster) This archival, quantitative, and qualitative research project is a comprehensive examination of employment civil rights claiming behavior in the EEOC and in the Federal Courts.

Dylan C. Penningroth Ph.D., History, Johns Hopkins University Joint Appointment: Professor of History, Northwestern University Research Interests: African American history, comparative histories of slavery and emancipation, and socio-legal history, with a particular focus on family relations, the rise of the independent black church, migration, the interaction between legal categories and popular conceptions such as respectability, race, and “slavish origins”; the cultural, social, and legal legacy of slavery in colonial Ghana and the United States. Current ABF Project Local Courts and African American Life, 1865-1930 This project studies African Americans’ encounter with law from the Civil War to the Civil Rights Movement. Combining legal and social history, the project explores the practical meaning of legal rights for black life.

24 American Bar Foundation • www.americanbarfoundation.org RESEARCH PROFESSORS www.americanbarfoundation.org

ethics, conflictofinterest,theprofessions,newsmedia,andmedicaldecisionmaking. fiduciary, trust,andprincipal-agencyrelationships. Researchhasexaminedwhite-collarcrime, and nationalidentity. in constructionsofnormsfortherulelaw;andrelationshipbetweenlaw, religion law, legitimacyandauthoritarianism;internationalorganizationstheglobalpublicsphere American capitalismandtwentieth-centuryFirstAmendment law. developments inhatespeechlawandregulation. This projectexaminesthehistoryofdoctrinegroup libelandrelatesemergingjurisprudential Hate SpeechandtheStateinPost-World War IIEra Reconstituting CivicCommunity: Current ABFProject Research Interests: Berkeley University ofCalifornia, Ph.D., JurisprudenceandSocialPolicy, Victoria SakerWoeste of lawatthebedside,ingeneral,andthatadvancedirectives,particular. make medicaldecisionsforpatientsunabletospeakthemselves.Italsoexaminestherole This observationalstudyoftwointensivecareunitsinvestigateshowsurrogatedecisionmakers Surrogate DecisionMakingattheEndofLife:AnObservationalStudy Current ABFProject Research Interests: Ph.D., Sociology, Yale University Susan P. Shapiro to uncoverthehistoryandpoliticsofglobaldiscourseonrulelaw. the ruleoflaw. Byfocusingonthenormativecontentof global textsandpractices,thestudyseeks a closereadingofthetextsandpracticestheseinstitutionsinordertoinvestigateglobalnormsfor Bank, theInternationalCommissionofJurists,World JusticeProject)define‘ruleoflaw’through This studyanalyzesthedifferentwaysinwhichglobalinstitutionalactors(theUN,World Rule ofLawDiscourses Current ABFProject Research Interests: LL.B., NationalUniversityofSingapore Ph.D., UniversityofMelbourne; Jothie Rajah thesocialconstruction,organization,andcontrolof theintersectionsoflaw, languageandpowerinthefollowing areas: thesourcesandeffectsoflegalchangein • 2014Annual Report

25 Research Faculty

John L. Comaroff Ph.D., Anthropology, University of London Professor of African and African American Studies and of Anthropology, Oppenheimer Fellow in African Studies, Harvard University; Honorary Professor of Social Anthropology, University of Cape Town Research Interests: crime, policing, and the workings of the state in Africa, democracy and difference in post-revolutionary societies, and postcolonial political economy in the global south. Current ABF Project Ethnicity, Inc This study investigates the conditions under which ethnic groupings seek empowerment by incorporating themselves, by deploying their sovereign legal status for economic ends, and by copyrighting their cultural practices, knowledge, designs, and performances as intellectual property. Under what conditions do ethnic groups legally incorporate themselves and become businesses? Is there any discernable relationship between resort to ethnic business and the presence or absence AFFILIATED RESEARCH PROFESSORS AFFILIATED of ethnic violence? What is the effect of the commodification of cultural products and practices on the lives of those who “own” them, on the exercise of authority over them, and, more generally, on ethnic group membership? In short, who benefits, who loses? And, finally, how do we account for the role of law in Ethnicity, Inc.?

Bryant G. Garth Ph.D., European University Institute; J.D., Stanford Law School Professor, University of California-Irvine School of Law; Dean Emeritus, Southwestern Law School; Director Emeritus, American Bar Foundation Research Interests: the legal profession, how globalization is transforming the role of law and lawyers in different areas of the world, law and development, transnational law, legal education. Current ABF Project After the J.D. (with Ronit Dinovitzer, Gabriele Plickert, Robert Nelson, and Joyce Sterling) Please refer to Robert Nelson’s entry for project description.

Bonnie Honig Ph.D., Political Science, Johns Hopkins University Nancy Duke Lewis Professor of Political Science, Brown University Research Interests: legal theory, philosophy of law, democratic theory.

26 American Bar Foundation • www.americanbarfoundation.org FACULTY FELLOWS www.americanbarfoundation.org

transitional democracieswherepastpropertydispossessionisaprominentpoliticalandmoralissue. restitution ofpropertyrightsinthedevelopingworld.Researchhasexaminedchallengesfacedby the intersectionbetweenlegalhistoryandtheory, andthecriticaltheoryofWalter Benjamin. in post-RevolutionaryVirginia. Additionalworkincludesthetheoryandmethodoflegalhistory, on themotivationsofitsleader, NatTurner, andtherebellion’s intersectionwithraceandslavery into thelatertwentiethcentury. Currentlyengagedinresearch ontheTurner Rebellion,concentrating the distributionoflawyersatisfaction, andthecareertrajectoriesofurbanlawschoolgraduates. culture onprofessionalwork.Recentworkhasexaminedthegender gapinlawyerincomes, including thesocialorganizationoflawyers,rolelabormarkets, andtheeffectsof and reproducethem.Combininganalysesoftheprofessionswith researchinsocialpolicy, focusing onthesourcesofinequalitywithinprofessionand the mechanismsthatproduce Please refertoRobertNelson’s entryforprojectdescription. After theJD Current ABFProject Research Interests: Joint Appointment: Ph.D., Sociology, UniversityofToronto Ronit Dinovitzer and restorationaswellotherimportanthypotheses. The recentlycollectedinterviewdatawillbeusedtoinvestigatethedifferencebetweenreparations form of“reparations”(compensationwithoutchoice)and“restoration”withchoice). two populationsthatarevaluableforthisstudy—beneficiariesreceivedcompensationinthe and whowerecompensatedbythenewpoliticaldispensationthroughLRA.SouthAfricahas been conductedwithurbanpeoplewhowereevictedfromtheirlandbytheApartheidgovernment receive compensation.Duringeightmonthsinthefield,over150semi-structuredinterviewshave a “rightinlandafter1913asresultofraciallydiscriminatorylaworpractice”areeligibleto Under theSouthAfricanRestitutionofLandRightsAct(LRA),onlythosedispossessed The Effects ofLandRestitutioninSouthAfrica:AQualitativeStudy Current Research Project Research Interests: Joint Appointment: JD, Yale LawSchool,M.P.A., Harvard University Atuahene Bernadette Research Interests: Affiliated Research Professor, AmericanBarFoundation Professor ofLaw, Berkeley; UniversityofCalifornia Ph.D., AmericanHistory, JohnsHopkinsUniversity Christopher L.Tomlins (with BryantGarth,RobertNelson, GabrielePlickert,andJoyceSterling) AssociateProfessor, Chicago-KentCollegeofLaw AssociateProfessor ofSociology, UniversityofToronto lawandinternationaldevelopment,particularlythedispossession Anglo-Americanlegalhistory, fromthebeginningofsixteenthcentury thesociologyoflaw, withaparticularinterestinthelegalprofession, • 2014Annual Report

27 Research Faculty

Sida Liu Ph.D., Sociology, University of Chicago Joint Appointments: Assistant Professor of Sociology and Law, University of Wisconsin-Madison; Research Fellow, Shanghai Jiao Tong University KoGuan Law School Research Interests: the legal profession; socio-legal theory; work and occupations; political sociology; globalization. Current research examines the historical change, social structure,

FACULTY FELLOWS FACULTY political mobilization, and globalization of the legal profession in China and beyond. Current ABF Project Lawyers in the Pursuit of Basic Legal Rights: Criminal Defense in China (with Terence C. Halliday) Please refer to Terence Halliday’s entry for project description.

Rebecca L. Sandefur Ph.D., Sociology, University of Chicago Joint Appointment: Associate Professor of Sociology, University of Illinois Research Interests: access to justice, how legal services are delivered and consumed, how civil legal aid is organized around the nation, the role of pro bono, the efficacy of lawyers and non-lawyers as advocates and representatives, and how ordinary people think about their justice problems and try to solve them. Current ABF Projects Accessing Justice in the Contemporary USA: The Community Needs and Services Study The CNSS is a multi-method study investigating the American public’s experiences with civil justice problems and the institutions of remedy that exist for those problems. The study focuses on a core set of commonly experienced problems that have civil legal aspects, raise civil legal issues, and have consequences shaped by civil law. Roles Beyond Lawyers Many in the United States who need assistance handling civil justice issues do not obtain it; some call this an “access to justice crisis.” Emerging strategies for responding include new “roles beyond lawyers”—people who are not fully trained and qualified attorneys but who are authorized to do some of the work that traditionally only licensed lawyers have been able to do, such as giving legal advice to members of the public. These innovations seek to expand people’s access to rights and remedies under law while at the same time reducing the burdens that courts face when many litigants appear without lawyer representation. The Roles Beyond Lawyers study investigates how and how well these programs work at achieving their goals.

Christopher W. Schmidt Ph.D., History of American Civilization, Harvard University; JD, Harvard Law School Joint Appointment: Associate Professor, Chicago-Kent College of Law Research Interests: the intersection of social movement mobilization and constitutional change in recent American history; the ways in which constitutional claims emerge and develop outside the courts, and the effect of these extrajudicial claims on legal doctrine. Current research focuses on the egalitarian constitutionalism of the civil rights movement; and the libertarian constitutionalism that has gained traction with the rise of populist conservatism in recent decades.

28 American Bar Foundation • www.americanbarfoundation.org RESEARCH SOCIAL SCIENTISTS www.americanbarfoundation.org

Please refertoJohnHagan’s entryforprojectdescription. of peersandschoolsoneducationaloutcomesamonghighschool students. of worksatisfactionondevelopmentsdepressionacrossthelife course,andinvestigatingtherole differences inemploymentandtheeffectsonpersonallivesamong professionals,examiningtheeffects and theconsequencesforindividualsuccess,well-being,socialfunctioningbyexploringnational quantitative methods.Recentworkbuildsontheaimtounderstandcomplexitiesofsocialcontext Please refertoRobertNelson’s entryforprojectdescription. After theJD Paris andFrankfurtamMain and theEarlyCareers of Women andMenLawyersinNewYork City, A ComparativeCohortStudyoftheGlobalEconomic Recession Current ABFProjects Research Interests: Ph.D., Sociology, UniversityofToronto Gabriele Plickert Building ontheArizonaFilmingProject Current ABFProjects Research Interests: M.A., Sociology, UniversityofIllinois,Chicago Elizabeth L.Murphy early 1960s. duringthe dilemmas raisedbythechallengetoracialdiscriminationinpublicaccommodations the storyofsit-inscannotbefullyexplainedwithoutcarefulattentiontodistinctivelegal of thesit-ins,eventstheysetinmotion,andwhatachieved.Thecentralargumentisthat This bookprojectisalegalhistoryofthelunchcountersit-inmovement1960s.Ittellsstory The Sit-Ins:Protest, Law, and SocialChange Constitution, andtheroleofcourtsinAmericansociety. segregation, thecapacityoflawtoremedyracialinequality, ofinterpretingthe methods and itshistorytoadvanceclaimsaboutthemeaningofconstitutionalequality, theimpactof This bookprojectexamineshowpeoplehaveused—andmoreoftenthannotmisused—Brown Constructing Brown v. Board ofEducation,1944-2007 Current Research Projects Please refertoShariSeidmanDiamond’s entryforprojectdescription. (with RonitDinovitzer, Bryant Garth,RobertL.Nelson,andJoyceSterling) lifecourse,mentalhealth,socialstratification,gender, crimeanddeviance, jurydecisionmaking;waystoassistcourtsinoptimizingtrials. (with JohnHagan,PatriciaParker, andHansMerkens) (with ShariSeidmanDiamondandMaryR.Rose) • 2014Annual Report

29 Selected Publications

The following list includes selected publications by ABF research faculty and includes some works not done in connection with ABF research projects.

Bernadette Atuahene • “Plaintiffs’ Lawyers and the Tension between Professional Norms and the Need to Generate Business” (with J. • We Want What’s Ours: Learning from South Africa’s Land Martin), in L. Levin & L. Mather, eds., Lawyers in Practice: Restitution Program (Oxford University Press, 2014) Ethical Decision-Making in Context (University of Chicago • “The Importance of Conversation in Transitional Justice: Press, 2012) A Study of Land Restitution in South Africa,” 39 Law & Social Inquiry 902 (2014) Shari Diamond • “Paying for the Past: Addressing past Property Violations • “What a (Very) Smart Judge Knows about Juries” in South Africa,” 45 Law and Society Review 955 (2011) (with F. Doorley), DePaul Law Review (forthcoming) Traci Burch • “The Hidden Daubert Factor: How Judges Use Error Rates in Assessing Scientific Evidence” (with J. Meixner), • “The Old Jim Crow: Racial Residential Segregation Wisconsin Law Review (forthcoming) and Neighborhood Imprisonment,” Law & Policy • “Embedded Experts on Real Juries: A Delicate Balance” (forthcoming) (with M.R. Rose & B. Murphy), 55 William & Mary • “The Effects of Imprisonment and Community Supervision Law Review 885 (2014) on Political Participation,” 651 The Annals of the American • “Empirical Analysis of Juries in Tort Cases” (with J. Academy of Political and Social Science 184 (2014) Salerno), in J. Arlen, ed., Research Handbook on the • Trading Democracy for Justice: Criminal Convictions and the Economics of Torts (Edward Elgar Publishing, forthcoming) Decline of Neighborhood Political Participation (University of • “The ‘Kettleful of Law’ in Real Jury Deliberations: Chicago Press, 2013) Successes, Failures and Next Steps” (with B. Murphy • Editor (with J. Hochschild & V. Weaver), Transforming the & M.R. Rose), 106 Northwestern University Law Review American Racial Order (Princeton University Press, 2012) 1537 (2012) • “Who Sings in the Heavenly Chorus? The Shape of the • “Selected to Serve: An Analysis of Lifetime Jury Organized Interest System” (with K.L. Schlozman, S. Verba, Participation” (with M.R. Rose & M. Musick), H. Brady & P. Jones), in K.L. Schlozman, S. Verba & H. 9 Journal of Empirical Legal Studies 33 (2012) Brady, eds., The Unheavenly Chorus (Princeton University Press, 2012) Ronit Dinovitzer • “Political Voice through Organized Interest Activity” (with • “Unpacking Client Capture: Evidence from Corporate Law K. L. Schlozman, S. Verba, H. Brady & P. Jones), in K.L. Firms” (with H. Gunz & S. Gunz), 1 Journal of Professions Schlozman, S. Verba & H. Brady, eds. The Unheavenly and Organization 99 (2014) Chorus (Princeton University Press, 2012) • “Hierarchical Structure and Gender Dissimilarity John Comaroff in American Legal Labor Markets” (with J. Hagan), 92 Social Forces 929 (2014) • “Ethnicity, Inc.: On the Affective Economy of Belonging” • “Reconsidering Lawyer Autonomy: The Nexus Between (with J. Comaroff), in G. Urban, ed., Corporations and Firm, Lawyer and Client in Large Commercial Practice” Citizenship (University of Pennsylvania Press, 2014) (with S. Gunz & H. Gunz), 51 American Business Law • “Foreword,” in W. Garriott, ed., Policing and Contemporary Journal 661 (2014) Governance: The Anthropology of Police in Practice (Palgrave • “Optimism Bias and Buyers’ Remorse? Law School Macmillian, 2013) Hierarchy, Access to the Rewards of Corporate Practice, Stephen Daniels and the Desirability of a Lawyer Career” (with B. Garth & J. Sterling), 63 Journal of Legal Education 211(2013) • Tort Reform, Plaintiffs’ Lawyers, and Access to Justice (with J Martin) (University Press of Kansas, forthcoming 2015) • “Homeland Tourism, Emotion, and Identity Labor” (with J. Taylor and R. Levi), 9 Du Bois Review 67 (2012) • “Analyzing Carnegie’s Reach: The Contingent Nature of Innovation” (with Martin Katz and William Sullivan), Bryant Garth 63 Journal of Legal Education 585 (2014) • “Notes toward an Understand of the U.S. Market in • “Assessing Law School Curriculum Changes: Are They Foreign LLM Programs: From the British Empire and Making a Difference?” IAALS Online—Educating Tomorrow’s the Inns of Court to U.S. LLM Programs,” Indiana Lawyers, November 15, 2013 Journal of Law and Globalization (forthcoming 2014)

30 American Bar Foundation • www.americanbarfoundation.org A full list of publications is available on the ABF website, under each faculty profile. http://www.americanbarfoundation.org/faculty/faculty-profiles.html

• “Legal Education Reform: New Regulations, Markets, and • “Gendered Genocide: The Socially Destructive Process Competing Models of Supposed Deregulation,” Bar Examinar of Genocidal Rape, Killing, and Displacement in Darfur” (forthcoming 2014) (with J. Kaiser), Law & Society Review (forthcoming 2014) • “Progressive Law vs. the Critique of Law and Development: • “Punishment and Support Regimes and the Multi-Level Strategies of Double Agency Revisited,” in R. Buchanan Effects of Parental Imprisonment: Inter-institutional, Inter- and P. Zumbansen, eds., Law in Transition: Human Rights, generational and Inter-sectional Models of Inequality and Development, and Transitional Justice (Routledge 2014) Exclusion” (with H. Foster), Annual Review of Sociology • “Elite European lawyers? The Common Market as new (forthcoming 2014) Golden Age or Missed Opportunity” (with Y. Dezalay), • “Making Punishment Pay: The Political Economy of in N. Kauppi & M. Madsen, eds., Transnational Power Revenue, Race and Regime in the California Prison Boom” Elites: The European Complex in the Global Field of Power (with G. Plicket, A. Palloni, and S. Headworth), DuBois (Routledge, 2013) Review (forthcoming 2014) • “Crises, Crisis Rhetoric, and Competition in Legal • “Maternal and Paternal Imprisonment and Children’s Education: A Sociological Perspective on the (Latest) Social Exclusion in Adulthood” (with H. Foster), Journal Crisis of the Legal Profession and Legal Education,” of Criminal Law and Criminology (2014) 24 Stanford Law and Policy Review 503 (2013) • “Supportive Ties in the Lives of Incarcerated Women: • “Corporate Law Firms, NGOs, and Issues of Legitimacy Gender, Race/Ethnicity, and Children’s Human Rights” for a Global Legal Order” (with Y. Dezalay), 60 Fordham (with H. Foster), Iowa Journal of Gender, Race, and Justice Law Review 2309 (2012) (2014) Tom Ginsburg Terence Halliday • Editor (with A. Simpser), Constitutions in Authoritarian • Editor (with G. Shaffer), Transnational Legal Orders Regimes (Cambridge University Press, 2014) (Cambridge University Press, forthcoming) • Editor (with R. Peerenboom), Law and Development in • Global Surveillance of Dirty Money: Assessing Assessments Middle Income Countries: Avoiding the Middle Income Trap Of Regimes To Control Money-Laundering And Combat (Cambridge University Press, 2014) The Financing Of Terrorism (with M. Levi), Final Report • “Constitute: The World’s Constitutions to Read, Search To International Monetary Fund (2014) and Compare” (with Z. Elkins, J. Melton, R. Shaffer, • “The Trial of Li Zhuang: Chinese Lawyers’ Collective J. F. Sequeda & D. Miranker), Web Semantics (2014) Action Against Populism” (with S. Liu & L. Liang), 1 • “Libertarian Paternalism, Path Dependence, and Temporary Asian Journal of Law and Society 79 (2014) Law” (with J. Masur and R. McAdams), 291 University of • “Who Governs? Delegations in Global Trade Lawmaking” Chicago Law Review 359 (2014) (with J. Pacewicz & S. Block-Lieb), 7 Regulation and • “Constitutional Islamization and Human Rights: The Governance 279 (2013) Surprising Origin and Spread of Islamic Supremacy in • “Architects of the State: International Financial Constitutions” (with D. Ahmed), Virginia Journal of Institutions and the Reconstruction of States in East Asia,” International Law (forthcoming, 2014) in G. Shaffer, ed., Transnational Legal Ordering and State • “Why Do Countries Adopt Constitutional Review?” (with Change (Cambridge University Press, 2013) M. Versteeg), Journal of Law, Economics and Organization • Editor (with L. Karpik & M. Feeley), The Fates of Political (2013); Published online: doi: 10.1093/jleo/ewt008 Liberalism in the British Post-Colony: The Politics of the Legal • “Beyond Presidentialism and Parliamentarism: On the Complex (Cambridge University Press, 2012) Hybridization of Constitutional Form” (with J. Cheibub & Z. Elkins), British Journal of Political Science (forthcoming 2013) James J. Heckman • Comparative Constitutional Design (Cambridge University • “The grit effect: Preciting retention in the military, the Press, 2012) workplace, school and marriage” (with L. Eskreis-Winkler, • “Courts and Democracies: A Review Essay,” 37 Law A. L. Duckworth, E. Shulman, & S. Beale), Frontiers in and Social Inquiry 720 (2012) Psychology (forthcoming 2014) • “Constitutional Law and Courts,” David Clark, ed., • “Estimating the Technology of Cognitive and Research Handbook on Comparative Law and Society NonCognitive Skill Formation: The Linear Case” (Edward Elgar Publishing, 2012) (with F. Cunha), in P.C.M. Molenaar, R.M. Lerner and K.M. Newell, eds., Handbook of Developmental Systems John Hagan Theory and Methodology (Guilford Press, 2014) • Iraq and the Crimes of Aggressive War: The Legal Cynicism • “Self-control in school-age children” (with A. L. of Criminal Militarism (with J. Kaiser and A. Hanson), Duckworth, T. S. Gendler, and J. J. Gross), 49 Educational (Cambridge University Press, forthcoming 2014) Psychologist 199 (2014)

www.americanbarfoundation.org • 2014 Annual Report 31 Selected Publications

• “Conscientiousness: Origins in Childhood” (with • “Testing for racial differences in the mental ability of young N. Eisenberg, A. L. Duckworth, T. L. Spinrad, and children” (with G. R. Fryer, Jr.) 103 The American Economic C. Valiente), 50 Developmental Psychology 1331 (2014) Review 981 (2013) • “Early Childhood Investments Substantially Boost Adult • “Is Texas Hold’Em a Game of Chance? A Legal and Health” (with F. Campbell, G. Economic Analysis” (with T. Miles & A. Rosenfield), • Conti, S. Moon, E. Pungello, R. Pinto, & Y. Pan), 101 Georgetown Law Journal 581 (2013) 343 Science 1478 (2014) • “Hatred and Profits: Under the Hood of the Ku Klux Klan” • Giving Kids a Fair Chance, (MIT Press 2013) (with R. Fryer), 127 The Quarterly Journal of Economics 1883 (2012) Carol Heimer • “Identifying Terrorists Using Banking Data,” 13 The B.E. • “Colonizing the Clinic: The Adventures of Law in HIV Journal of Economics Analysis and Policy 1 (2012) Treatment and Research” (with J. N. Morse), in H. Klug • “Predicting and Preventing Shootings among At-Risk Youth” & S.E. Merry, eds., Studying Law Globally: New Legal (with D. Chandler & J. List), 101 American Economic Review Realist Perspectives (Cambridge University Press, 288 (2011) forthcoming 2014) • “Resilience in the Middle: Contributions of Regulated Sida Liu Organizations to Regulatory Success,” 649 Annals of the • “Boundary Work and Exchange: The Formation of American Academy of Political and Social Science 139 (2013) a Professional Service Market,” Symbolic Interaction • “‘Wicked’ Ethics: Compliance Work and the Practice of (forthcoming 2015) Ethics in HIV Research,” 98 Social Science and Medicine • “A Powerless Approach to the Sociology of Law,” 371(2013) Law & Social Inquiry (forthcoming 2014) • “Failed Governance: A Comment on Baker and Griffith’s • “Migration and Social Structure: The Spatial Mobility Ensuring Corporate Misconduct,” 38 Law and Social Inquiry of Chinese Lawyers” (with L. Liang & E. Michelson), 480 (2013) 36 Law & Policy 165 (2014) • “Performing Regulation: Transcending Regulatory Ritualism • “The Changing Roles of Lawyers in China: State in HIV Clinics” (with J.L. Gazley), 46 Law and Society Bureaucrats, Market Brokers, and Political Activists,” Review 853 (2012) in H. Klug & S. E. Merry, eds., Studying Law Globally: • “Inert Facts and the Illusion of Knowledge: Strategic Uses New Legal Realist Perspectives (Cambridge University of Ignorance in HIV Clinics,” 41 Economy and Society 17 Press, forthcoming 2014) (2012) • “Legal Profession as a Social Process: A Theory on Lawyers and Globalization,” 38 Law & Social Inquiry 670 (2013) Bonnie Honig • “Palace Wars over Professional Regulation: In-House • “Between Nuremberg and Jerusalem: Hannah Arendt’s Counsel in Chinese State-Owned Enterprises,” 2012 Tikkun Olam” with A. Azoulay), differences: A Journal Wisconsin Law Review 549 (2012) of Feminist Cultural Studies (forthcoming 2015) • “What Kind of a Thing is Land? Hannah Arendt’s Object Elizabeth Mertz Relations,” Political Theory (forthcoming) • “Law’s Metalinguistics: Silence, Speech, and Action,” in • “Charged: Debt, Power, and the Politics of the Flesh L. Solan & R. Shuy, eds., Speaking of Language and Law: in Shakespeare’s Merchant, Melville’s Moby-Dick, and Conversations on the Work of Peter Tiersma (Oxford University Eric Santner’s The Weight of All Flesh,” in K. Goodman, Press, forthcoming 2014) ed., The Weight of all Flesh: The Tanner Lectures, (Oxford • “Language-and-Law Scholarship: An Interdisciplinary University Press, forthcoming) Conversation and a Post-9/11 Example” (with J. Rajah), • “The Laws of the Sabbath (Poetry): Arendt, Heine, and 10 Annual Review of Law and Social Science 169 (2014) the Politics of Debt,” UC Irvine Law Review, special issue • “New Legal Realism and the Empirical Turn in Law” (with Law As…III (forthcoming 2015) S. Macaulay), Introduction to R. Banakar & M. Travers, eds., • Antigone Interrupted (Cambridge University Press, 2013) Law and Social Theory, Hart Publishing (forthcoming 2013) • “Three Models of Emergency Politics,” boundary2 • Editor (with W. Ford & G. Matoesian), Translating the (forthcoming 2014) Social World for Law: Linguistic Tools for a New Legal Realism (Oxford, forthcoming) Steven D. Levitt • “Is It Fair? Law Professors’ Perceptions of Tenure” (with • “Measuring the Impact of Crack Cocaine” (with R. Fryer, K. Barnes), 61 Journal of Legal Education 511 (2012) P. Heaton & K. M. Murphy), 51 Economic Inquiry 1651 • “Social Science and the First Apprenticeship: Moving the (2013) Intellectual Mission of Law Schools Forward,” 17 Legal Writing: Journal of the Legal Writing Institute 427 (2011)

32 American Bar Foundation • www.americanbarfoundation.org A full list of publications is available on the ABF website, under each faculty profile. http://www.americanbarfoundation.org/faculty/faculty-profiles.html

Beth Murphy Laura Beth Nielsen • “Embedded Experts on Real Juries” (with S. S. Diamond & • “Determining Discrimination: The Effect of Race and M.R. Rose), 55 William & Mary Law Review 885 (2014) Political Ideology in Evaluations of Workplace Disputes” • “The ‘Kettleful of Law’ in Real Jury Deliberations: (with D. McEhlhattan & J.Weinberg), (forthcoming) Successes, Failures and Next Steps” (with S.S. Diamond • “Race and Representation: Racial Disparities in Legal & M.R. Rose), 106 Northwestern University Law Review Representation for Employment Civil Rights Plaintiffs” 1537 (2012) (with A. Myrick & R. Nelson), 15 New York University • “Damage Anchors on Real Juries” (with M.R. Rose, Journal of Legislation and Social Policy 705 (2012) S.S. Diamond, & J. Meixner), 8 Journal of Empirical • “Funding the Cause: How Public Interest Law Organizations Legal Studies 148 (2011) Fund their Activities and Why it Matters for Social Change” (with C. R. Albiston), Law and Social Inquiry Janice Nadler (forthcoming) • “Social Psychology and the Law” (with P. Mueller), in • “Situated Justice: Plaintiffs’ and Defendants’ Perceptions of F. Parisi, ed., Handbook of Law and Economics (Oxford Fairness in Employment Civil Rights Cases” (with E. Berrey University Press, forthcoming) & S. Hoffman), 46 Law and Society Review 1 (2012) • “The Path of Motivated Blame and the Complexities of • “Examining Empathy: Judge and Plaintiff Minority Status Intent,” 25 Psychological Inquiry 222 (2014) and the Viability of Discrimination Claims at Summary • “Law, Moral Attitudes, and Behavioral Change” (with Judgment” (with J. Weinberg), 85 University of Southern K. Bilz), in E. Zamir & D. Teichman, eds., Oxford Handbook California Law Review 313 (2012) of Behavioral Economics and Law (Oxford University Press, • “Power in Public: Reactions, Responses, and Resistance to forthcoming) Offensive Public Speech,” in M. K. McGowan & I. Maitra • “Consent, Dignity, and the Failure of Scattershot Policing,” eds., Speech and Harm: Controversies Over Free Speech in J. Parry & S. Richardson, eds., The Constitution and the (Oxford University Press, 2012) Future of Criminal Justice in America (Cambridge University Press, 2013) Dylan Penningroth • “Moral Character, Motive, and the Psychology of Blame” • “Law as Redemption: A Historical Comparison of the Ways (with M. McDonnell), 97 Cornell Law Review 255 (2012) Marginalized People Use Courts,” Law and Social Inquiry • “Blaming As a Social Process: The Influence of Character (forthcoming 2015) and Moral Emotion on Blame,” 75 Law & Contemporary • “Review of S. Kantrowitz, More than Freedom: Fighting for Problems 1 (2012) Black Citizenship in a White Republic, 1829-1889,” 60 Civil War History 338 (2013) Robert Nelson • “Review of A Nation within a Nation: Organizing African- • Editor (with S. Headworth, R. Dinovitzer & D. Wilkins), American Communities before the Civil War (Chicago, Diversity in Practice: Race, Class, and Gender in Elite Legal 2011),” 99 Journal of American History 591 (2012) and Professional Careers (Cambridge University Press forthcoming) Gabriele Plickert • “Introduction (with S. Headworth), in R. Nelson, • “Making Punishment Pay: The Political Economy S. Headworth, R. Dinovitzer & D. Wilkins, eds., of Race and Regime in the California Prison Boom” Diversity in Practice: Race, Class, and Gender in Elite (with J. Hagan, A. Palloni, and S. Headworth), Du Bois Legal and Professional Careers (Cambridge University Review (forthcoming 2014) Press forthcoming) • “Effects of Global Development on Gender and the Legal • After the JD III:Third Results from a National Study of Practice,” Introduction to Special Issue of the 20 Indiana Legal Careers (with R. Dinovitzer, B. Garth, G. Plickert, Journal of Global Legal Studies 1061 (2013) R. Sandefur, J. Sterling & D. Wilkins) American Bar • “Arbeitszeit und Karriere: Auswirkungen des Geschlechts Foundation and NALP Foundation for Law Career auf den Berufsalltag junger Anwältinnen und Anwälte” Research and Education, 2014) (Hours of Work and Careers: The Effects of Gender on • “Pipeline to Law School” (with M. Payne-Pikus & Professional Careers of Young Lawyers) (with H. Merkens), S. Headworth), in Landscape of Legal Diversity: By the 33 Zeitschrift für Rechtssoziologie 77 (The German Journal of Numbers (American Bar Association forthcoming) Law and Society 2013) • “Career Choices and Outcomes,” in Landscape of Legal Diversity: By the Numbers (American Bar Association Jothie Rajah forthcoming) • “Sinister Translations: Law’s Authority in a Post-9/11 World,” 21 Indiana Journal of Global Legal Studies 107 (2014)

www.americanbarfoundation.org • 2014 Annual Report 33 Selected Publications

• “Language-and-Law Scholarship: An Interdisciplinary • Defending the Right to Discriminate: The Libertarian Conversation and a Post-9-11 Example” (with E. Mertz), Challenge to the Civil Rights Movement, in S. Hadden 10 Annual Review of Law and Social Sciences (forthcoming & . Minter eds., Signposts: New Directions in Southern 2014) Legal History (2013) • “Flogging Gum: Cultural Imaginaries and Postcoloniality • “Social Movements, Legal Change, and the Challenges in Singapore’s Rule of Law,” Law/Text/Culture (forthcoming of Writing Legal History,” 65 Vanderbilt Law Review 2014) En Banc 155 (2012) • “Of Masks and Absences: Cause Lawyering in Singapore” (with A. Thiruvengadam), 31 Wisconsin International Law Susan Shapiro Journal 646 (2014) • “Do Advance Directives Direct?” Journal of Health Politics • “Transnational Legal Ordering through ‘Rule of Law’ (forthcoming) Discourse,” in T. Halliday & G. Shaffer, eds., Transnational • “Crime, White-Collar,” in J.D. Wright, ed., International Legal Orders (forthcoming 2014) Encyclopedia of the Social and Behavioral Sciences (Elsevier, • Authoritarian Rule of Law: Legislation, Discourse and forthcoming) Legitimacy in Singapore (Cambridge University Press, • “The Grammar of Trust,” in J. Pixley, ed., New Perspectives New York, 2012) on Emotions in Finance: The Sociology of Confidence, Fear and Betrayal (Routledge, 2012) Rebecca Sandefur • “Advance Directives: The Elusive Goal of Having the • “The Face of Access to Justice: Diversity, Debt and Last Word,” 8 NAELA Journal 205 (2012) Aspiration among American Lawyers in Early Career,” • “Conflict of Interest at the Bedside: Surrogate Decision Institute for Inclusion in the Legal Profession 2014 Review: Making at the End of Life,” in A. Peters and L. Handschin, The State of Diversity and Inclusion in the Legal Profession eds., Conflict of Interest in Global, Public and Corporate (forthcoming 2014) Governance (Cambridge University Press, 2012) • Accessing Justice in the Contemporary USA: Findings from the Community Needs and Services Study (American Bar Christopher Tomlins Foundation, 2014) • “The Confessions of Nat Turner: A Paratextual Analysis,” • “Expanding the Empirical Study of Access to Justice” (with Law and History Review (forthcoming) C.R. Albiston), 2013 Wisconsin Law Review 101 (2013) • “Styron’s Nat: or, The Metaphysics of Presence,” Critical • “Beyond the Numbers: What We Know—and Should Analysis of Law (forthcoming) Know—About American Pro Bono” (with S.L. Cummings), • “Demonic Ambiguities: Enchantment and Disenchantment 7 Harvard Law and Policy Review 83 (2013) in Nathaniel Turner’s Virginia,” 4 UC Irvine Law Review • “Improving the Lives of Individuals in Financial Distress 175 (2014) Using a Randomized Control Trial: A Research and Clinical • “The State, the Unions and the Critical Synthesis in Approach” (with D. Jiménez, D. J. Greiner & L. R. Lupica), Labor Law History: A 25-year Retrospect,” 54 Labor History 20 Georgetown Journal on Poverty Law & Policy 449 (2013) 208 (2013) • Paths to Justice—A Past, Present and Future Roadmap (with • “After Critical Legal History: Scope, Scale, Structure,” P. Pleasance & N. J. Balmer) (Nuffield Foundation, 2013) 8 Annual Review of Law and Social Science 31 (2012) • “Freedom Bound (A Response to Readers),” 46 Law Christopher Schmidt & Society Review 668 (2012) • “Divided by Law: The Sit-Ins and the Role of the Courts in the Civil Rights Movement,” Law & History Review Victoria Saker Woeste (forthcoming 2015) • Editor (with A. Mermelstein, E. Zadoff & M. Galanter), • “The Challenge of Supreme Court Biography: The Case of Jews and the Law (Quid Pro Books, 2014) Chief Justice Rehnquist,” (review essay) 29 Constitutional • “Introduction,” in A. Mermelstein, E. Zadoff, M. Galanter Commentary 271 (2014) & V.Woeste, eds., Jews and the Law (Quid Pro Books, 2014) • “The Resilience of Federalism,” 91 Denver University • “Fiscal Policy in the Federal System,” Law and Social Inquiry Law Review 191 (2014) (forthcoming 2015) • “Why Broccoli? Limiting Principles and Popular • “From Henry Ford to Fred Phelps: The Implications of Constitutionalism in the Health Care Decision” Group Libel in an Age of Mass Communication,” Law (with M. Rosen), 61 UCLA Law Review 66 (2013) and Social Inquiry (forthcoming 2015) • “Beyond the Opinion: Supreme Court Justices and • “California Lawyer: Aaron Sapiro and the Progressive Vision Extrajudicial Speech,” 88 Chicago-Kent Law Review of Public Service,” 8 California Legal History 449 (2013) 487 (2013) • Henry Ford’s War on Jews and the Legal Battle Against Hate Speech (Stanford University Press, 2012)

34 American Bar Foundation • www.americanbarfoundation.org ABF Publications

Editors Law & Social Inquiry The editor of Law & Social Inquiry is Christopher Law & Social Inquiry Law & Social Inquiry Editorial Policy Schmidt, and Howard Volume 39, Number 4, Fall 2014

ARTICLES Erlanger of the University

Imbalances of Power in ADR: The Impact of Representation and Dispute Law & Social Inquiry is a quarterly, interdisciplinary, peer-reviewed Resolution Method on Case Outcomes of Wisconsin at Madison OREN GAZAL-AYAL AND RONEN PERRY Constitutional Competition Between the Hong Kong Court of Final Appeal and the Chinese National People’s Congress Standing Committee: scholarly journal of international standing in law and social science. Law School is the editor of A Game Theory Perspective ERIC C. IP Law & Maintaining Stability by Law: Protest-Supported Housing Demolition Contributors include law professors, social scientists, and practicing lawyers. the journal’s review section. Litigation and Social Change in China XIN HE The Complexities of Land Reparations Social Inquiry Janice Nadler, Victoria Saker GREGORY S. ALEXANDER LSI’s content represents multiple disciplines, including anthropology, The Importance of Conversation in Transitional Justice: A Study of Land Restitution in South Africa Woeste, and Jill Weinberg BERNADETTE ATUAHENE Complicit in Their Own Demise? American Bar Foundation Journal of the criminology, economics, history, law, philosophy, political science, sociology GREGORY S. PARKS, RASHAWN RAY, SHAYNE E. JONES, are currently serving as the AND MATTHEW W. HUGHEY Journal of the American Bar Foundation Institutional and Political Sources of Legislative Change: Explaining How Volume 39, Number 4, Fall 2014 Private Organizations Influence the Form and Content of Consumer and social psychology. Recent LSI articles have been awarded numerous journal’s associate editors, Protection Legislation

SHAUHIN A. TALESH Continuation of Symposium: The Negotiated Expansion of and Bernadette Atuahene Immigrant Control distinctions, among them the prestigious Law & Society Article Prize. New Deterrence Scripts in Australia’s Rejuvenated Offshore Detention Regime for Asylum Seekers served as an associate SHARON PICKERING AND LEANNE WEBER LSI’s procedures for submission and consideration of manuscripts are REVIEW ESSAYS editor through October 2014.

Bringing Back the States: A Congressional Perspective on the Fall of

Slavery in America Vol. 39, No. 4, Fall 2014 similar to those followed by most refereed academic journals. Submitted Karen Rhone and Camilo MAEVE HERBERT GLASS The History of Genres: Reaching for Reality in Law and Literature Leslie are the current ANAT ROSENBERG manuscripts are reviewed by the editor and then sent out to three or more BOOK NOTES student editors, while REVIEW SECTION INDEX, VOLUME 39 expert scholars in a blind peer review process. Publication decisions are Amanda Ehrhardt serves 791 –

1094 made by LSI’s editorial committee. as Editorial Coordinator. In addition to the high quality of the original research that it Contents publishes, LSI is widely known for its review essays and symposia. Contents of Volume 39 The essays go beyond the typical brief book review to place the work under examination in (2014) of Law & Social its intellectual context and to provide readers with a synthesis of the major intellectual debates Inquiry, as well as past in the field relevant to the book. Each issue of the journal also includes “Book Notes” that present issues, may be viewed on LSI’s Wiley-Blackwell brief descriptions of twenty or thirty recently published books of interest to those working in the Web site: http://www. field of sociolegal studies. LSI also holds an annual student paper competition for graduate and blackwellpublishing.com/ law students, which includes a monetary prize and publication of the winning paper. LSI, which can also be reached through http:// Although LSI regularly publishes the work of American Bar Foundation scholars, the ABFN.org/LSI journal does not serve as a dedicated outlet for ABF research. LSI’s mission is to publish the LSI also offers authors very best sociolegal scholarship from around the world. ABF scholars play a critical role in advance online publication achieving this goal, through the articles they submit to the journal, through the peer review using Early View on the Wiley Online Library. reports they write, and through their service as LSI editors.

Researching Law Researching Law: An ABF Update is a quarterly newsletter designed to acquaint a wide audience with the research activities of the American Bar Foundation. The articles that appear in this publication present the findings of ABF projects in a concise, nontechnical format but in sufficient length to convey the full flavor of the research reported on. The topics covered in 2014 include: “Trading Democracy for Justice: Criminal Convictions and the Decline of Neighborhood Political Participation,” “The Fellows CLE Seminar: A Profession in Crisis? New Results from the After the JD Study of Lawyer Careers,” “Analyzing Carnegie’s Reach: The Contingent Nature of Innovation,” and “Accessing Justice in the Contemporary USA: The Community Needs and Services Study.” The newsletter is distributed to a wide audience, including The Fellows of the American Bar Foundation, policy makers, libraries, foundations, government agencies, and media outlets. Issues are also posted on the ABF website and may be downloaded. The articles in Researching Law are written and/or edited by Katharine W. Hannaford.

www.americanbarfoundation.org • 2014 Annual Report 35 Recent Major Media Coverage and Faculty Op-Eds

• “Nelson Mandela’s Uneven Legacy,” (Op-Ed, Bernadette Atuahene) Los Angeles Times, December 5, 2014 • “Street Harassment Law Could Reduce Intimidating Behavior,” (The Opinion Pages, Laura Beth Nielsen) New York Times, October 31, 2014 • “Survey: Profession Still Struggling for Equal Opportunity” (After the JD study) The National Law Journal, October 24, 2014 • “Encouraging Returns for Diversity Initiative” (After the JD study) The National Law Journal, September 22, 2014 • “Leadership Council on Legal Diversity Reaches Five-Year Milestone” (ABF Research Group on Legal Diversity and After the JD study) Boston Globe (and over wire service to over 150 large and small markets), September 18, 2014 • “Running from the Law” (After the JD study) The Washington Post, September 12, 2014 • “The Way to Beat Poverty,” (James Heckman research on early childhood development and interventions) The New York Times, September 12, 2014 • “People Need More Legal Help, Survey Shows,” (Community Needs and Services Study) Los Angeles Daily Journal and San Francisco Daily Journal, August 13, 2014 • “Part of Access to Justice Gap is that Americans Don’t Know When to Seek Legal Help, Study Says,” (Community Needs and Services Study) The ABA Journal, August 8, 2014 • “The Hong Kong Arms of the Big Four Have got the Rule of Law Wrong,” (Rule of Law project) The Financial Times, July 9, 2014 • “The Ways BNP Shows Crime Pays,” (study of IMF AML/CFT systems) The Wall Street Journal, July 2, 2014 • “Stark Gender Disparities in Income Shown in Law Firm Survey,” (After the JD study) The National Law Journal, April 28, 2014 • “After the JD Shows Many Leave Law Practice,” (After the JD study) ABA Journal, April, 2014 • “Foxes in the Financial Henhouse,” (Study of IMF AML/CFT systems) The Washington Times, March 25, 2014 • Panel Guest, “Terrorism: Used or Abused?” (Laura Beth Nielsen) Inside Story, Al Jazeera English Television, aired, February 16, 2014 • “The Morning Risk Report: The Potemkin Village of Anti-Money Laundering,”(study of IMF AML/CFT systems) The Wall Street Journal, February 6, 2014 • “Preschool Push Moving Ahead in Many States,” (James Heckman research on early childhood development and interventions) The New York Times, February 3, 2014 • “Patient Harm: When an Attorney Won’t Take Your Case,” (research study on tort reform) Pro Publica, January 6, 2014. • “State Should Reconsider the Six-Member Jury,” (Op-Ed, Shari Seidman Diamond on the Zimmerman trial)The Miami Herald, July 15, 2013 • “Egypt’s Next Leader Faces a World of Challenges,” (Tom Ginsburg research on constitutions) The Washington Post, July 5, 2013 • “Henry Ford: Behind the Myth,”(Victoria Woeste legal history research on early hate speech trial of Henry Ford) The Huffington Post, June 6, 2013 • “Minorities Less Likely to Have Lawyers in Employment Cases,” (Employment discrimination study) Reuters, March 20, 2013

36 American Bar Foundation • www.americanbarfoundation.org Liaison Research Services Program

For decades, the ABF has focused on providing useful research to the organized bar through the dissemination of research findings and through conducting specific research projects. The ABF Liaison Research Services Program was developed to bring the research expertise of the Foundation to the work of the bar. For example, since 1956, the ABF has produced The Lawyers Statistical Report, which details the demographic information of lawyers and law firms nationally and on a state-by-state basis. Lawyers and bar associations, as well as the media and scholars, rely on this one-of-a-kind publication for the most comprehensive enumeration of the legal profession. From time to time, the ABF collaborates with ABA entities on specific research initiatives. For instance, the ABF is currently working with the ABA Commission on Women in the Profession on a study to address the question of whether women are playing lead roles on litigation matters at the same rate as men. The project aims to conduct a representative survey of the positions of male and female lawyers practicing in litigation. In addition, the ABF has joined with the ABA Center for Racial and Ethnic Diversity and the Law School Admissions Council to develop a Diversity Databook. Finally, ABF researchers continue to provide substantive advice and expertise through consultation and participation with bar leaders and organizations. Research faculty members serve on various committees, provide specific research findings, and contribute articles to publications. These efforts support the goal of the ABF to enhance the public’s understanding of law, legal institutions and legal processes.

www.americanbarfoundation.org • 2014 Annual Report 37 Montgomery Summer Research Diversity Fellowships in Law and Social Science for Undergraduate Students

2014 marked the twenty-seventh summer the American Bar Foundation has hosted four outstanding undergraduate students as Montgomery Summer Research Diversity Fellows. The fellowship program offers students, who are selected from across the country in a highly competitive application process, the opportunity to explore the field of sociolegal research and observe law practice in the private and public sector. Since 1988, 110 undergraduates have participated in the program.

The summer program is supported in part by the Kenneth F. and Harle G. Montgomery Foundation, the Solon E. Summerfield Foundation, and the National Science Foundation. In 2014 program was also supported by generous gifts from ABF Fellow Sandra J. Chan of Santa Barbara, CA, and from AT&T.

The 2014 Summer Research Diversity Fellows were: • Jose Aguayo, a native of Los Angeles, CA, is a rising junior at UCLA, majoring in History and Political Science. Traci Burch advised him on an independent project this summer, and he also worked with Victoria Saker Woeste on her project about speech and civil rights in the post-WWII era. • Pedro Alfonso, also from Los Angeles, is a rising senior at St. John’s University in New York, majoring in Government and Politics. Pedro worked with Robert Nelson this summer on his After the JD study of lawyers’ careers. • Elijah Porter. Jr., from Atlanta, GA, is a rising senior at Fort Valley State University in Fort Valley, GA., majoring in English. Elijah worked with John Hagan this summer on Hagan’s parental incarceration project. • Kaitlyn Williams, of Grand Prairie, TX, is a rising junior at Stanford University, majoring in Public Policy. She worked with Rebecca Sandefur this summer on her Access to Justice project. Left to right: Pedro Alfonso, Jose Aguayo, Kaitlyn Williams, Elijah Porter, Jr.

38 American Bar Foundation • www.americanbarfoundation.org Doctoral Fellowship Programs

Each year, the ABF sponsors two fellowships, the Law and Social Sciences Dissertation Fellowship, and the ABF Doctoral Fellowship, for social science doctoral candidates with research focuses in legal studies. Both fellowships are held in residence in Chicago at the ABF and offer fellows the opportunity to participate in the ABF’s thriving intellectual community, gain feedback on scholarly and professional projects in workshop settings, and utilize ABF resources toward academic goals. Fellows receive valuable mentorship from ABF Research Faculty members and a generous stipend to help complete dissertation projects as well as fund research and conference travel. Past fellows have built on their experiences at the ABF to go on to promising careers in tenure-track university positions and as legal professionals. The Law and Social Sciences Dissertation Fellowship and Mentoring Program, funded in part by the National Science Foundation and the Law and Society Association (LSA), offers a two-year fellowship. It is open to third, fourth, and fifth year Ph.D. candidates in social science and/or ABF welcomed three new doctoral fellows in 2014. interdisciplinary programs whose research interests Left to right: Amy Myrick, Andrew S. Baer, Joshua Kaiser. focus on questions of law and equality. The ABF Doctoral Fellowship is a one-year fellowship open to Ph.D. students in social science programs who have completed all doctoral requirements except for the dissertation. The fellowship is broad in scope and welcomes students pursuing research on sociolegal or social scientific approaches to law, the legal profession, and/or legal institutions. Each year, a committee of ABF and LSA members selects two fellows for the Law and Social Sciences Dissertation Fellowship, and the ABF faculty at large selects one fellow for the ABF Doctoral Fellowship. More information about each fellowship and the application process can be found on the Fellowships tab of the ABF’s website.

www.americanbarfoundation.org • 2014 Annual Report 39 Presentations at the ABF 2014

• Bernadette Atuahene, IIT Chicago-Kent College of Law • Jordan Gans-Morse, Northwestern University, & American Bar Foundation, “We Want What’s Ours: “Violence, Law, and Property Rights in Post-Soviet Learning from South Africa’s Land Restitution Program,” Russia,” May 21 January 15 • “Introducing Our New Doctoral Fellows,” September 10 • Flannery Stevens, University of Utah, “Community Matters: • Andrew S. Baer, Doctoral Candidate, History, Uncovering the Societal Mechanisms Undergirding Northwestern University, “From ‘Law and Order’ to Workplace Discrimination and Inequality,” January 22 Torture: Race and Policing in De-Industrial Chicago” • Dylan C. Penningroth, Northwestern University & • Joshua Kaiser, JD/Doctoral Candidate, Sociology, American Bar Foundation, “Black Inheritance: Rights Northwestern University, “The Privilege of Punishing: and Genealogies after Slavery,” January 27 Explaining the Rise of America’s Hidden Penal • Jerry Kang, UCLA School of Law, “The Grand Challenges Regime, 1952-2014” of Implicit Social Cognition and the Law,” January 29 • Amy Myrick, JD/Doctoral Candidate, Sociology, • Sydney Halpern, University of Illinois at Chicago, “Research Northwestern University, “One-Way Article V: Abuse Narratives and Human Subjects Regulations,” Why Conservative Movements Pursue Constitutional February 5 Amendments, and Liberal Movements Don’t” • Quinn Mulroy, Syracuse University, “Public Regulation • Jamillah Bowman, American Bar Foundation through Private Litigation: Leveraging Private Legal Power Visiting Scholar, “The Social Psychology of Inclusion: in the American Bureaucracy,” February 19 Antidiscrimination Law and the Business Case for • Laura Weinrib, University of Chicago, “The Constitutional Diversity,” September 17 Compromise of 1937: Civil Liberties Enforcement and the • Ian Hurd, Northwestern University, “The Politics of New Deal State,” February 26 Legal Responsibility: Haiti, Cholera, and International • Alexandra Huneeus, University of Wisconsin at Madison, Law,” September 24 “When Human Rights Courts Engage in Structural Reform,” • Alice Goffman, University of Wisconsin at Madison, March 5 “On the Run: Fugitive Life in an American City,” • Katherine Barnes, University of Arizona, “Measuring Racial October 1 Profiling,” March 12 • Jennifer Richeson, Northwestern University, • Ajay Mehrotra, Indiana University, “Corporate Taxation “Coalition or Derogation? Intergroup Relations and the Regulation of Early Twentieth-Century American among Disadvantaged Groups in the 21st Century,” Business,” March 19 October 8 • Anna Kirkland, University of Michigan, “Knowing Vaccine • Janice Nadler, Northwestern University & American Injury,” April 2 Bar Foundation, “The Role of Character in Legal • Kristen A. Stilt, Northwestern University, “Constitutional Blame and Punishment,” October 22 Animals,” April 9 • Doris Marie Provine, Arizona State University, • Laura G. Pedraza-Fariña, Northwestern University School “Policing Immigration: Results from a National Study of Law, “A Typology of Expert Decision-making: the Federal of Law Enforcement Engagement in Immigration Circuit as a Case Study,” April 16 Policing,” October 29 • Carol A. Heimer, Northwestern University & American • Chloe Thurston, Northwestern University, “Pushing Bar Foundation, “Colonizing the Clinic: The Adventures the Boundaries: Advocacy Groups and the Expansion of Law in HIV Treatment and Research,” April 23 of Access to Mortgage Credit in the 20th Century,” November 5 • Sandra Levitsky, University of Michigan, “Social Policy and the Future of Socio-legal Studies,” April 30 • Sida Liu, University of Wisconsin at Madison & American Bar Foundation, “The Ecology of Law • John Comaroff, Harvard University & American Bar Firm Growth in China,” November 12 Foundation, “The Return of Khulekani Khumalo, Zombie Captive: Imposture, Law, and Personhood in South Africa,” • Felice Batlan, Chicago-Kent College of Law, “Women May 6 and Justice for the Poor: A History of Legal Aid, 1863-1945,” November 19 • Terence Halliday, American Bar Foundation, “The Inexorability of Globalization? Elements of a General • William Hurst, Northwestern University, “Ruling Theory of Legal Change,” with commentary by John Before the Law: The Politics of Legal Regimes in Comaroff, Harvard University, May 7 China and Indonesia,” December 3

40 American Bar Foundation • www.americanbarfoundation.org Sponsored Programs

The ABF research program is supported by an annual grant from the American Bar Endowment (see page 2) and contributions from The Fellows of the American Bar Foundation and other supporters. The ABF also seeks grants for specific research projects and other Foundation programs from government agencies and private foundations. The following external sponsors provided support for projects in 2014.

Access Group, Inc. National Association for • Supplemental grant also awarded under • After the JD: Legal Careers in Transition Law Placement Foundation the NSF Research Experiences for (Ronit Dinovitzer, Robert Nelson, • After the JD: Legal Careers in Transition Undergraduates Program Bryant Garth, and Joyce Sterling) (Ronit Dinovitzer, Robert Nelson, Northwestern University American Bar Association Bryant Garth, and Joyce Sterling) • Office of the Provost Litigation Research Fund National Conference • School of Law • Optimizing the Jury Decision-Making of Bar Examiners • The Graduate School Process (Shari Diamond) • After the JD: Legal Careers in Transition • Weinberg College of Arts and Sciences AT&T (Ronit Dinovitzer, Robert Nelson, • Kellogg Graduate School of Business • Montgomery Summer Diversity Bryant Garth, and Joyce Sterling) • Third Annual Conference of the Research Research Fellowships in Law and National Science Foundation Group on Legal Diversity (Research Group Social Science • Workshop: Parental Incarceration in the on Legal Diversity) Law School Admission Council United States: Bringing Together Research Public Welfare Foundation • After the JD: Legal Careers in Transition and Policy to Reduce Collateral Costs • Increasing Access to Justice through (Ronit Dinovitzer, Robert Nelson, to Children (John Hagan) Expanded Roles Beyond Lawyers: Bryant Garth, and Joyce Sterling) • Accessing Justice in Contemporary Developing and Testing an Evaluation • Early Post-Law School Careers of Women America: The Community Needs and Framework (Rebecca Sandefur, in and Men Lawyers in U.S. and German Services Survey (Rebecca Sandefur, conjunction with the National Center Cities (John Hagan, Gabriele Plickert, Robert Nelson) on State Courts) Patricia Parker, and Hans Merkens) • Supplemental grant also awarded Robert Wood • From Law School to Later Life: A 20-Year under the NSF Research Experiences Johnson Foundation for Undergraduates Program Panel Study of the Careers of Women and • Investigator Award in Health Policy Men Lawyers (John Hagan, Fiona Kay, • Workshop: Access to Justice: Re-envisioning Research: Gatekeepers at Life’s End: and Ronald J. Daniels) and Reinvigorating Research (Rebecca Surrogate Decision-Making in Intensive • Senior Status, Gender, and Race in Sandefur) Care (Susan Shapiro) • After the JD III: The Trajectories the Legal Academy (Elizabeth Mertz, University of Wisconsin Wamucii Njogu, and Carol Greenhouse) of Legal Careers (Ronit Dinovitzer, Robert Nelson, Bryant Garth, and Law School Global Legal Legal Services Corporation Joyce Sterling) Studies Center and Friends of Legal Services • Crime, War and Wealth in Pre- and • Center on Law and Globalization Corporation Post- Invasion Iraq (John Hagan) Regional Colloquium on Globalization • Accessing Justice in Contemporary • Lawyers in the Pursuit of Basic Legal Rights: of Law, International Organizations America (Robert Nelson, Rebecca Criminal Defense in China (Terence and International Law Sandefur) Halliday and Sida Liu) • (Terry Halliday, John Hagan, Tom Google Grants • Local Courts and African American Ginsburg) • Ongoing in-kind support of the Life, 1865-1930 (Dylan Penningroth). Alexander Von Humboldt American Bar Foundation website Funded under the American Recovery Foundation, TransCoop Program (http://www.americanbarfoundation.org/ and Reinvestment Act of 2009 (Public • Early Post-Law School Careers of Women index.html) Law 111-5) and Men Lawyers in U.S. and German Harry Frank Guggenheim • Ethnicity, Inc. (John Comaroff and Cities (John Hagan, Gabriele Plickert, Foundation Jean Comaroff) Patricia Parker, and Hans Merkens) • Law and Social Science Dissertation • Home Foreclosures and Criminal Violence World Justice Project Fellowships and Mentoring Program (John Hagan and Andrea Cann (Laura Beth Nielsen; joint program • Rule of Law Research Partnership (Robert Chandrasekher) with the Law and Society Association) Nelson, Tom Ginsburg, Jack Knight, Margaret Levi, and Beatriz Magaloni) Kenneth F. and Harle G. • Punishment Regimes and the Multi-Level Montgomery Foundation Effects of Parental Imprisonment: Inter- Mia Farrow • Montgomery Summer Diversity institutional, Inter-generational and Inter- • For in-kind support of The Center Research Fellowships in Law and sectional Models of Inequality and Exclusion on Law and Globalization Social Science (John Hagan and Holly Foster)

www.americanbarfoundation.org • 2014 Annual Report 41 The William H. Neukom Fellows Research Chair in Diversity and Law

The William H. Neukom Fellows Research Chair in Diversity and Law will anchor a program of research to investigate urgent questions surrounding diversity in the legal profession, as well as issues of equal justice in the legal system and equality of opportunity in society. The scholar who will fill the Neukom Fellows Research Chair will help us pursue the promise of full inclusion in the legal profession and equal justice under the law, through cutting-edge empirical research.

The ABF gratefully acknowledges these Founding Contributors who have established the William H. Neukom Fellows Research Chair in Diversity and Law at the American Bar Foundation.

Founding Visionaries The Leadership Council Myles V. Lynk David J. Cynamon ($50,000 and more) on Legal Diversity Donna Melby J. Mason Davis Ogletree, Deakins, Nash, Jack H. Olender K. A. Day William H. Neukom Smoak & Stewart PC Joseph M. Potenza Thomas J. DeMarino Walmart Paul, Weiss, Rifkind, Arthur and Toni Rembe Rock Richard DiSalle The Bill & Melinda Gates Wharton & Garrison LLP John S. Siffert Lauren B. Edelman Foundation James M. Sturdivant James J. Elacqua Kirkland & Ellis LLP Gold Founders Paul Vizcarrondo Jo Ann Engelhardt Microsoft Corporation ($2,500 to $4,999) Chaim Wachsberger Laura V. Farber Northrop Grumman Roxanne B. Conlin Hon. Sol Wachtler Stuart A. Forsyth Corporation Jean and Leonard Gilbert Rita W. Warner Paul E. Freehling Sidley Austin LLP Foundation Michael J. Horvitz Pauline A. Weaver Greg L. Gambill F. John Garza The Fellows of the William G. Paul William F. Womble American Bar Foundation Sharon S. Gerstman Wm. T. Robinson Douglas R. Young Janice L. Gradwohl Founding Champions Jennifer Stephen Jenner & Block Nelson Mullins Riley & Patricia L. Glaser ($25,000 to $49,999) E. Thomas Sullivan Richard C. Godfrey Bruce L. Wilder Scarborough LLP in honor Ellen J. Flannery of Carolyn B. Lamm Janice L. Gradwohl David S. and Debra Houghton Peter A. Winograd Maurice B. Graham Robert L. Nelson Anonymous Fund of The Bronze Founders Dahlia M. Gutierrez Greater Cincinnati Foundation The Kenneth and Harle ($250 to $999) Phoebe A. Haddon Montgomery Foundation on John Deere & Company, Anonymous Harry S. Hardin behalf of Bryant G. Garth Global Law Services Mark D. Agrast Nicole D. Harris Nelson Mullins Riley & Susan F. Appleton Audrey B. Harwell Founding Leaders Scarborough LLP Dennis W. Archer Thomas Z. Hayward, Jr. Katherine A. Hesse ($10,000 to $24,999) Silver Founders Donald I. Baker Mortimer M. Caplin Taylor L. Baker, Jr. Barry E. Hill ($1,000 to $2,499) Angela M. Hinton David A. Collins Arlena M. Barnes T. Maxfield Bahner Kay H. Hodge Debby and Jimmy K. Goodman Janice G. Barone Brooksley E. Born Paula H. Holderman David K.Y. Tang Fredrick H. Bates Timothy W. Bouch Kathleen J. Hopkins Greenberg Traurig PA Nicholas J. Bertschy George B. Cauthen Tom Bolt C. Timothy Hopkins Founding Partners Sandra J. Chan Sharon Y. Bowen Lembhard G. Howell Alec Y. Chang Justin M. Johnson ($5,000 to $9,999) David R. Brink Renee DeMoss Robert M. Carlson Kile W. Johnson Laurel G. Bellows Hon. Bernice B. Donald Carlos Cebollero William D. Johnston Paula E. Boggs Joseph M. Drayton J. Michelle Childs Charles E. Jones Michael H. Byowitz Kenneth W. Gideon Bradley Clary Howard Kenison John J. Creedon Roy A. Hammer John F. Cogan James A. Keller Doreen D. Dodson Barry C. Hawkins Michael A. Cooper Linda A. Klein in honor of George S. Frazza John P. and Anne M. Heinz William T. Coplin, Jr. Jimmy Goodman and David Houghton William C. Hubbard Dr. and Mrs. John Holliman Timothy A. Coyle William F. Kroener Hon. Ellen F. Rosenblum Sara A. Kelsey Sarah J. Crooks Susan B. Lindenauer ABE Charitable Gift Fund on Loren Kieve William F. Cunningham Evan L. Loeffler behalf of I.S. Leevy Johnson Paul W. Lee Mark W. Curnutte

42 American Bar Foundation • www.americanbarfoundation.org Mitchell A. Lowenthal J. David Tracy Donald R. Lundberg Reginald M. Turner Martin W. Lybecker Alan Van Etten Barbara M. Lynn Keith W. Vaughan Laurie L. Malman Darlene A. Voracheck John R. Marks Justin P. Walder ABF Board Member Walter L. Sutton, Jr., Associate General Counsel, Walmart, James S. Moody Owen B. Walsh addresses the dinner celebrating the successful completion of the campaign Robert M. Morgenthau Robert A. Weeks to fund the William H. Neukom Fellows Research Chair in Diversity and Law. Kay C. Murray David C. Weiner Walmart was the first major contributor to the campaign. Frank X. Neuner W. Scott Welch Cheryl I. Niro Steven A. Wellvang William L. Felstiner Peggy A. Nagae Randall D. Noel Thomas S. Williamson Christina A. Fiflis Margaret A. Nelson Jennifer L. Parent Jimmy Wu Michael L. Fox Lynn K. Neuner Donald F. Parsons Gwynne A. Young Damon L. Gannett Laura Beth Nielsen Richard Pena Stephen N. Zack Howard B. Gelt John W. Norman Steven F. Pflaum Diane L. Zimmerman Thomas E. Geu Timothy M. O’Brien Lonnie A. Powers Jeffrey B. Golden Alice Paylor Llewelyn G. Pritchard Founders Terence Halliday Joy L. Phillips Beverly J. Quail ($249 and under) Mark I. Harrison Burnele V. Powell Sarah E. Redfield Anonymous Geoffrey C. Hazard Diana L. Powell Paul L. Reiber Anonymous William R. Holzapfel Franklin L. Robinson Pamela J. Roberts Federico C. Alvarez Richard R. Howe Joseph J. Roszkowski Carlos A. Rodriguez-Vidal Jonathan D. Asher Procter Hug Claudia S. Saari Elizabeth Roth Harold and Susan Baer Steven R. Hutchins Diana M. Savit William J. Rowe Steven L. Barghols Candace M. Jones Roger D. Schwenke Charles M. Rowland Deborah A. Barnes Raymond D. Jones Jon M. Sebaly Donna W. Rucker Malcolm Beyer Robert J. Kapelke Susan P. Shapiro Irma S. Russell Jap W. Blankenship Paul G. Karlsgodt David N. Simmons William T. Russell, Jr. Ilene Lin Bloom Marvin L. Karp William N. Shepherd Ernestine S. Sapp Lyle R. Bratton Beth A. Klein Theodore W. Small H. Richard Schumacher William H. Brown Kimberly A. Knox Robert M. Steptoe Miriam Shearing Alice A. Bruno David B. Lewis Elizabeth S. Stong Kathleen Sherby Christopher J. Carey Michael E. Lindsay Ellen Y. Suni George M. Simmerman Hon. Avern Cohn Pierce Lively David Swank John S. Skilton A. Hamilton Cooke Karen L. Long Katherine Tamblyn Donald D. Slesnick Nora V. Demleitner Lucinda A. Low Harvey M. Tettlebaum Mary L. Smith Shari Diamond John W. Madden Roger P. Thomasch Margaret D. Stock Gregory L. Dillion Andrew J. Markus James W. Tippin Carleton O. Strouss Robert D. Dinerstein E. Gregory Martin Jerry Tubb Barry Sullivan William A. Drennan Michael G. Martin Lucinda Underwood Christina M. Tchen John W. Dunn Kathleen S. McLeroy Anthony Van Westrum Richard B. Teitelman John R. Dunne Marcia M. McMurray Sylvia H. Walbolt Larry D. Thompson Hon. Dorothy Eisenberg Harry B. Mendenhall Peter D. Willis Paul H. Titus J. David Ellwanger Paul T. Moxley Harry A. Woods Joseph P. Tomain Hubert A. Farbes Sharon F. Murphy Lorman Education Services Research Funds The American Bar Foundation acknowledges with gratitude those individuals who continue to support its research funds. The Robert O. Hetlage Scholarship Fund The William Reece The Liz and Peter Moser supports the participation of students and young Smith, Jr. Research Research Fund in Legal faculty in the research programs of the American Bar Fund advances ABF Ethics, Professional Foundation, including the Summer Research Diversity research on the topics of Responsibility and Access Fellowship Program for undergraduate minority professionalism, pro bono legal to Legal Services supports students, the Doctoral Fellowship Program services, and the role of the path-breaking, empirical research for dissertation research, and a Young Scholars legal profession internationally in the field of legal ethics, Program to support research in the first five to advance human rights professional responsibility, and years of an academic career. and access to justice. access to legal services.

www.americanbarfoundation.org • 2014 Annual Report 43 The Fellows of the American Bar Foundation

The Fellows of the American Bar Foundation is an honorary organization of attorneys, judges and legal scholars whose public and private careers have demonstrated exceptional dedication to the welfare of their communities and to the highest principles of the legal profession. Established in 1955, The Fellows encourage and support the research of the American Bar Foundation and sponsor seminar programs on topics of direct relevance to the legal profession. Membership in The Fellows is limited to one percent of the bar membership in each jurisdiction. Fellows are nominated by other Fellows, and nominations are approved by the State Chairs, Fellows Officers and ABF Board of Directors.

Fellows Programming of Litigation, the ABA Senior Lawyers Division, and the ABA Solo, Small Firm and General Practice Division. The Fellows CLE Research Seminar, “A Profession in Crisis? In August, during the ABA Annual Meeting in New Results from the After the JD Study of Lawyer Careers,” Boston, The Fellows sponsored the CLE Research Seminar, was held in February during the ABA Midyear Meeting in “Accessing Justice in Contemporary America: Findings from Chicago, and presented by representatives from the After the Community Needs and Services Study.” Rebecca L. the JD research team, including Ronit Dinovitzer, Faculty Sandefur, Faculty Fellow at the ABF and Associate Professor Fellow at the ABF and Assistant Professor of Sociology at the of Sociology and Law and Director of Graduate Studies in University of Toronto; Bryant Garth, Affiliated Research Sociology at the University of Illinois at Urbana-Champaign, Professor at the ABF and Chancellor’s Professor of Law at the presented the program. The program was moderated by Hon. University of California at Irvine; Joyce Sterling, Professor Denise R. Johnson (Ret.), Vermont Supreme Court. of Legal Ethics and Legal Profession at the University of Panelists included Helaine M. Barnett, Past President of Denver Strum College of Law; and David B. Wilkins, Lester the Legal Services Corporation, 2004-2009; Justice Earl Kissel Professor at Harvard University and Vice Dean for Johnson, Jr. (Ret.), Visiting Scholar at the University Global Initiatives on the Legal Profession. The After the JD of Southern California Gould Law School and Western Study has been following a national sample of lawyers who Center on Law and Poverty; Mary Ryan, Partner at Nutter, passed the bar in the year 2000, and has interviewed them in McClennen & Fish LLP and Chair of the ABA Standing 2003, 2007, and 2012. The panel presented some of the first Committee on Pro Bono & Public Service; and James J. results from the 2012 survey, including data on what these Sandman, President of the Legal Services Corporation. lawyers are doing 12 years into their careers, whether they Professor Sandefur reported on findings from a new are still satisfied with their decision to become a lawyer, and survey of the civil justice experiences of the public, conducted whether women and minorities are achieving professional in a middle-sized Midwestern city. The findings provide a success and satisfaction at the same rate as their peers. The contemporary picture of Americans’ experience with civil program was moderated by Kathleen J. Hopkins, Chair justice situations. They reveal that civil justice problems are of The Fellows and Founding Member of the Real Property common, experienced by all segments of the population— Law Group, and commentators included Abby Eisenberg, rich and poor, men and women, all races and ethnicities. Assistant Director for the Institute for Compliance at IIT Respondents to the survey report significant consequences Chicago-Kent College of Law; Tommy D. Preston, Jr., of their experiences with civil justice problems, including Associate at Nexsen Pruet; and Daniel B. Rodriguez, lost income, stress-related ill health, and loss of confidence. Dean and Harold Washington Professor at Northwestern In responding to these problems, Americans typically handle University Law School. them on their own or with the help of family or friends. “A Profession in Crisis? New Results from the After the Few problems are taken to lawyers or resolved in courts. JD Study of Lawyer Careers” was co-sponsored by the ABA The CLE seminar was co-sponsored by the ABA center for Professional Responsibility, the ABA Commission Government and Public Sector Lawyers Division and on Women in the Profession, the ABA Criminal Justice the ABA Law Practice Division. Section, the ABA Government and Public Sector Lawyers The Fellows Research Advisory Committee (FRAC) Division, the ABA Law Practice Division, the ABA Legal organizes the Fellows Research Seminars each year and serves Services Division, the ABA Section of Family Law, the ABA as a bridge between the research program of the American Section of Labor and Employment Law, the ABA Section of Bar Foundation and the profession, including the practicing Legal Education and Admission to the Bar, the ABA Section bar, the judiciary, and legal education.

44 American Bar Foundation • www.americanbarfoundation.org Fellows Events The 58th Annual Fellows Awards Banquet, generously sponsored by Robert A. Clifford and Clifford Law Offices, was held at the Murphy Chicago on February 8, 2014. The banquet featured presentations to the following honorees: • Outstanding Service Award: The Honorable Patricia M. Wald, Washington, D.C. • Outstanding Scholar Award: Professor Deborah L. Rhode, Stanford, CA • Outstanding State Chair Award: Henry M. Coxe, III and A. Joshua Markus, Florida State Co-Chairs

Patrick J. Fitzgerald, Former U.S Attorney for the Northern District of Illinois and current Partner at Skadden, Arps, Slate, Meagher & Flom LLP gave the keynote address titled “Miranda Rights in the Age of Terror” During the ABA Annual Meeting in Boston, The Fellows gathered for a special evening of camaraderie and celebration at Smith & Wollensky for their Opening Reception, generously sponsored by Mintz, Levin, Cohn, Ferris, Glovsky and Popeo PC. Several Fellows leaders made welcoming remarks, including Don Slesnick, Chair of the Fellows; Lauren Stiller Rikleen and Ken Vacovec, the Massachusetts State Co-Chairs; and Robert Popeo. Immediate Past Chair, Myles V. Lynk presented the Distinguished Fellows Award to Lovida L. Coleman, Life Fellow, on behalf of her father William T. Coleman, Jr. The Fellows met again the following morning for the Annual Business Breakfast, generously sponsored by Boies, Schiller & Flexner LLP. The breakfast featured keynote speaker Kenneth Feinberg, of Feinberg Rozen, LLP, one of the nation’s leading experts in mediation and alternative dispute resolution. Mr. Feinberg’s talk was entitled: “Unconventional Responses to Unique Catastrophes: Tailoring the Law to Meet the Challenges.” Fellows Chair Don Slesnick recapped the work of The Fellows and the Foundation during his term as chair, as well as discussed new Fellows business. Many Fellows State Chairs organized local events where Fellows heard presentations from noteworthy speakers and socialized among colleagues and friends. The Massachusetts Fellows met in February for a reception and presentation by ABF Research Professor Victoria Saker Woeste. In July, the • The Honorable Patricia New Mexico Fellows gathered for breakfast during the New Mexico State Bar M. Wald receives the Fellows Outstanding Meeting where Robert Grey, Partner at Hunton & Williams and Past President Service Award. of the ABA, gave remarks. Local Fellows events were also hosted in New York, • Professor Deborah L. Missouri, California, Washington, Oklahoma, Washington, D.C., Maryland, Rhode receives the Fellows Outstanding Wisconsin, Colorado, and Kentucky. Scholar Award. • A. Joshua Markus, 2014–2015 Fellows Officers Florida State Co- • Chair: Kathleen J. Hopkins, Seattle, Washington Chair, receives the Outstanding State • Chair-Elect: Honorable Cara Lee Neville (Ret.), Minneapolis, Minnesota Chair Award. Henry • Secretary: Michael H. Byowitz, New York, New York M. Coxe, III, also Florida State Co-Chair • Immediate Past Chair: Don Slesnick, Coral Gables, Florida (not pictured), was the co-receipient. 2013–2014 Fellows Officers • Former U.S. Attorney for the Northern District • Chair: Don Slesnick, Coral Gables, Florida of Illinois, Patrick J. • Chair-Elect: Kathleen J. Hopkins, Seattle, Washington Fitzgerald, gives the keynote address, • Secretary: Honorable Cara Lee Neville (Ret.), Minneapolis, Minnesota “Miranda Rights in • Immediate Past Chair: Myles V. Lynk, Tempe, Arizona the Age of Terror.”

[Ret.=Retired]

www.americanbarfoundation.org • 2014 Annual Report 45 Life Fellows Contributions to the American Bar Foundation

Each year Life Fellows’ contributions support the innovative and influential research being done by the Foundation. This continued financial support is vital to the Foundation’s work. Life Fellow Giving Societies* Giving Societies are composed of Life Fellows whose commitment to advancing justice and the understanding of law is reflected by contributions to the Foundation above and beyond their initial pledge of support. Giving societies are as follows: • A Life Fellow who contributes a minimum of $250 annually will be named a Sustaining Life Fellow • A Life Fellow who contributes an aggregate of $5,000 will be named a Life Patron Fellow • A Life Fellow who contributes an aggregate of $10,000 will be named a Life Benefactor Fellow • A Life Fellow who contributes an aggregate of $25,000 will be named a Life Leadership Fellow *Changes to aggregate amounts were made in 2002. We extend our appreciation to the many Life Leadership, Life Benefactor, Life Patron and Sustaining Life Fellows listed below who invested in the American Bar Foundation during fiscal year 2014 (September 2013 – August 2014). Their generosity continues a longstanding culture of philanthropy that supports the empirical research work of the American Bar Foundation. Contributions can be pledged over a period of years. Life Fellows who contribute annually at the Sustaining Level and higher will be recognized in the ABF Annual Report and on the Fellows website. All Fellows are acknowledged in the Fellows Roster.

Life Leadership Michael J. Horvitz Timothy W. Bouch Stanley Keller Frederick P. Stamp, Jr. Daniel F. Attridge Fellows Richard R. Howe Bobbe Jean Bridge Erin E. Kelly Charles A. Storke Del William Atwood William C. Hubbard Sandra J. Chan Loren Kieve James M. Sturdivant Russell James Austin Jacqueline Allee Douglas A. Jacobsen Alec Y. Chang Charles C. Kingsley Viola J. Taliaferro Sara A. Austin Andras F. Babero John J. Creedon Jerry Lastelick Glenn R. Coates Linda A. Klein Richard B. Teitelman T. Maxfield Bahner Ellen J. Flannery William B. McGuire John F. Cogan, Jr. Maryanne R. Lavan Lott H. Thomas Irwin Mark Cohen Arthur W. Leibold, Jr. Allan Van Fleet James L. Baillie David S. Houghton Donald R. Osborn David M. Cook Pierce Lively Bill Wagner C. Ronald Baird William G. Paul James Baird W. Loeber Landau Doreen D. Dodson Lori A. Martin Owen B. Walsh Hector Reichard De Taylor L. Baker, Jr. Robert MacCrate Cardona, Jr. Hubert A. Farbes, Jr. Catherine Stevens Pauline A. Weaver McClure Fletcher Nathaniel William H. Neukom Arthur & Toni Austin T. Fragomen, Jr. Bruce Lord Wilder Baldwin, Jr. James C. Mordy Rembe Rock Kathleen O’Ferrall Phillip A. Wittmann John Browning Baldwin David K.Y. Tang Friedman John H. Morrison Ronald S. Rolfe Douglas R. Young John C. Baldwin Kenneth W. Gideon Mary Mullarkey Ellen F. Rosenblum Rosalie Simmonds Life Benefactor Jean and Leonard Scott F. Partridge Jonathan D. Schiller Sustaining Ballentine Fellows Gilbert Roderick Norman Juliane Balliro Kathleen M. Shay Life Fellows Howard J. Aibel John A. Girardi Petrey Anthony H. Barash Robert A. Stein Michael E. Abram Jimmy K. Goodman Vincent F. Pitta Patricia T. Barmeyer David Powers Berten Patti L. Abramson Alvin Weiss Maurice B. Graham Charles J. Queenan, Jr. Deborah Ann Browers Brooksley Elizabeth Ann E. Acker Peter A. Winograd Melanie Gray Roberta Cooper Ramo Barnes Born Alfred B. Adams III James T. Haight Harry M. Reasoner Ronald Merrill Barnes The Saltsburg Fund, Deborah Akers-Parry Barry C. Barnett Karen Lake Buttrey Life Patron James T. Halverson Barbara Paul Robinson Gerald Aksen Thomas C. Barnett, Jr. (deceased), Fellows John F. Harkness, Jr. Nicholas A. Robinson Rosemary Alito John W. Barnum Donald W. Buttrey Timothy Joseph Abeska Edwin A. Harnden Wm. T. Robinson III Robert Hermann Alsdorf Lynne B. Barr Michael H. Byowitz Anonymous Fund of John Haworth Harry J. Roper Cory M. Amron Desmond T. Barry, Jr. Dan O. Callaghan The Greater Cincinnati John P. Heinz David S. Ruder Philip S. Anderson Edward J. Barshak Mortimer M. Caplin Foundation Benjamin H. Hill III H. Richard Schumacher Robert J. Anello James Bartimus James H. Carter E. Osborne Ayscue, Jr. Robert F. Hill Christopher A. Seeger Robert M. Anspach Sylvia Bacon Barbara Bartlett Fund Robert A. Clifford Daniel J. Hoffheimer James M. Sibley Joseph W. Armbrust, Jr. of The Minneapolis Curtis H. Barnette Avern Cohn I.S. Leevy Johnson John Sand Siffert John T. Armstrong, Jr. Foundation Janice Gambino Barone David A. Collins Justin M. Johnson James R. Silkenat Lisa Gayle Arrowood Ernest T. Bartol Lee Rimes Benton Jose I. Astigarraga Jerome Farris Wilbur E. Johnson David Solomon Vincent John Gregory M. Bergman Nancy F. Atlas Bartolotta, Jr. Roy A. Hammer Robert E. Juceam Larry W. Sonsini David Boies Robert M. Kaufman Horace E. Stacy, Jr. Scott J. Atlas Suzan Baucum Jon Hoffheimer Julie A. Bauer

46 American Bar Foundation • www.americanbarfoundation.org Frederick J. Baumann John Callaghan Leary Davis Robert A. Ferencz Holly Gotcher Kathleen Joan Hopkins Leo Bearman, Jr. A. Bruce Campbell Muller Davis Lucas A. Ferrara Thomas A. Gottschalk Arthur S. Horn Philip S. Beck Thomas F. Campion Richard E. Davis Henry L. Feuerzeig Graham C. Grady Anita Hotchkiss Nancy A. Becker Charles E. Cantu Richard M. Davis, Jr. Richard C. Fields John Paul Graff Barbara J. Howard Lydia Irene Beebe Jose Alberto Cardenas K. A. Day E. Anthony Figg Mark E. Grantham Procter Hug, Jr. Martin D. Beirne G. David Carlock Drew S. Days III Michael A. Finio William R. Gray Michelle Hunter Herbert J. Belgrad Robert M. Carlson James P. DeAngelo Jeffrey D. Fisher I. Michael Greenberger John B. Isbister Robert E. Bellin Earl H. Carroll James Vinson Derrick, Jr. Norman Patrick Lawrence S. Greenwald Bruce R. Jacob Steven Alan Bennett Frank J. Carroll Daniel A DeVito Flanagan III John DeWitt Gregory Kenneth M. Jacobson Morgan Ray Bentley Lauren James Caster A. Darby Dickerson Sarah Gemma Flanagan Renie Yoshida Grohl Christopher D. Jaime Richard O. Berndt Richard D. Catenacci Thomas A. Dickson James L. Forman Merrick Lawrence Gross William H. Jeffress, Jr. Mark R. Bernstein Carlos Cebollero Robert J Diehl, Jr. Don P. Foster Michael Donwell Gunter Jorge R. Jimenez Daniel O’Neal Bernstine John Allen Chalk, Sr. Dean R. Dietrich Dori B. Foster-Morales W. Melvin Haas III John C. Johnston III Judah Best Charles E. Bernard J. DiMuro William E. Fox Peter F. Habein Quintin Johnstone Lalit Bhasin Chamberlain, Jr. Robert D. Dinerstein David Charles Frederick Robert Habush Candace M. Jones J. Truman Bidwell, Jr. William B. Chaney Richard DiSalle Paul E. Freehling Harold A. Haddon Charles E. Jones Michael W. Bien Martin S. Checov Michael Dockterman Robert B. Frieberg Douglas T. Hague E. Stewart Jones, Jr. David F. Bienvenu Robert L. Childers Bernice B. Donald Donald Fried Donald D. Haley James F. Jorden John W. Bissell J. Michelle Childs Arthur Thomas Linda Anne Friedman Leon P. Haller Mary Kay Kane Donald W. Bivens Jesse Choper Donato, Jr. Paul L. Friedman Philip M. Halpern Robin Gerofsky Kaptzan Jerry W. Blackwell Henry Christensen III Lewis R. Donelson W. Royal Furgeson, Jr. James Hamilton Mark L. Karasik Stanley Louis Blend Joseph E. Cirigliano Sharon Wicks Dornfeld John A. Gaberino, Jr. Sam F. Hamra Fred Evan Karlinsky Susan Low Bloch Thomas A. Clancy Joanne R. Driscoll James Gadsden Grayson P. Hanes Paul A. Kastler Dennis J. Block William H. Clark, Jr. George H.T. Dudley Edward J. Gallagher, Jr. Max A. Hansen Michael V. Kattelman Daniel A. Boehnen William H. Clendenen, Jr. H. Mitchell Dunn, Jr. Mary Jean Gallagher Marilyn J. Harbur Melvin L. Katten J. David Bogenschutz Sanford Cloud, Jr. John W. Dunn William F. Gallagher Major B. Harding Herma Hill Kay Bill H. Boies Cary Coglianese M. Douglas Dunn Michelle Greer Galloway V. Burns Hargis John B. Kearney Bruce H. Bokor Nancy L. Cohen John R. Dunne David H. Gambrell Susan M. Harmon Irene M. Keeley Kathleen Boozang Howard Coleman Coker Donald R. Dunner Richard M. Gardella Norman E. Harned Charles C. Keller Amelia H. Boss Thomas A. Cole Lisa A. Dunner Marie L. Garibaldi Robert S. Harrell David E. Keltner Aldo E. Botti Wayne Dale Collins B. J. Duplantis W. Michael Garner Arthur J. Harrington Maximilian W. Kempner Stephen S. Bowen John D. Comer Antoinette Dupont James L. Garrity, Jr. Alton B. Harris James A. Kenney III Michael J. Bowers Joseph Palmer Conran Richard O. Duvall Gibson Gayle, Jr. Joseph Harroz, Jr. John J. Kenney James Patrick Bradley Edward H. Cooper Ellen M. Dwyer Lisa Atlas Genecov Albert C. Harvey Alfreida B. Kenny Alexander L. Brainerd Michael A. Cooper Marcia M. Eason Cynthia George Aubrey B. Harwell, Jr. John Patrick Kent Steve A. Brand N. Lee Cooper Paul F. Eckstein Miles C. Gerberding Kathleen B. Havener Ted M. Kerr Lyle Richard Bratton William Thomas Peter B. Edelman James W. Gewin David J. A. Hayes, Jr. Michael P. Kessler Coplin, Jr. Patricia Breckenridge Gerald M. Edenfield John J. Gibbons Thomas Z. Hayward, Jr. Philip J. Kessler John G. Corlew Edward W. Brooke Karl John Ege John Ralph Gilbert Howell Thomas Heflin, Jr. R. Steven Kestner Chris S. Coutroulis Lissa L. Broome Dorothy Eisenberg Tracy Allen Giles John J. Held Henry S. Keuling-Stout Timothy A. Coyle Steven H. Brose Mitchell S. Eitel Helen Gillmor Cornelius D. Helfrich Dale A. Kimball Stephen A. Cozen Eric L. Brossman James J. Elacqua Ruth Bader Ginsburg H. Kent Heller Mark L. Kincaid Harold Cramer Charles N. Brower David Wayne Elrod Daniel C. Girard Thomas G. Henning William Haven King, Jr. Thomas William Cranmer Barbara Berish Brown Linda Elrod Rosemary E. Giuliano Robert H. Henry Daniel E. Klaus Juliett L. Crawford William H. Brown III Adam O. Emmerich Patricia L. Glaser Stephen J. Herman Robert D. Klausner Richard H. Critchlow Peter Bubenzer Jo Ann Engelhardt Stephen E. Glazek James C. Hill Stephen J. Knerly, Jr. Richard B. Crowell Harold C. Pamela Chapman Enslen Donald W. Glazer Donald B. Hilliker Richard F. Knight Beryl P. Crowley Buckingham, Jr. Michael G. Ermer H. Lee Godfrey Melanie Ann Hines Richard G. Kopf Thomas F. Cullen, Jr. Timothy J. Burke C. Elizabeth Espin-Stern Richard C. Godfrey Jeffrey L. Hirsch Thomas E. Kopil Robert J. Cunningham Ellen Bree Burns Raymond J. Etcheverry Lawrence L. Goldberg Steven A. Hirsch Edward F. Koren Tom A. Cunningham I. Jackson Burson, Jr. Allen D. Evans Norman Goldberger Samuel Hoar, Jr. Joseph C. Kovars Stephen J. Curley Thomas W. Burt Andrew Ronald Evans Jeffrey Bruce Golden Kay H. Hodge Jane Kreusler-Walsh Robert M. Curry Peter Buscemi David H. Evans Harvey J. Goldschmid John A. Hoffman Scott C. Krist Harvey P. Dale Ann E. Bushmiller Glenn Phillip Falk Stephen Goldspiel Jennifer Bruch Hogan William F. Kroener III William A.R. Dalton Richard J. Buturla Susan Beth Farmer Ronald Kinnan Golemon Steven Lyon Holley Ramsey Laursoo Kropf Paul R. D’Amato John T. Cabaniss Joseph A. Fawal Rew R. Goodenow Sheila S. Hollis William F Kuntz II Anthony J. D’Amico Peter J. Cahill Susan A. Feeney Henry Lewis Goodman C. Timothy Hopkins Kenneth F. Kunzman Jack Davis Guido Calabresi J. Kay Felt Jamie Gorelick Henry H. Hopkins Stephen H. Kupperman

www.americanbarfoundation.org • 2014 Annual Report 47 Life Fellows Contributions to the American Bar Foundation

Harvey Kurzweil Kenneth W. McAllister Paul Mark Nussbaum Patricia Lee Refo David E. Shipley Mart Tisdal Diane Kutzko Jon P. McCalla Gerald B. O’Connor Abraham Charles Reich Wallace E. Shipp, Jr. Bradley J. B. Toben Joseph P. La Sala Diana E McCarthy Joseph D. O’Connor III Allan J. Reich Martin B. Shulkin Preston McCullough Stephen Thomas LaBriola Steve McConnico Richard W. Odgers Seth M. Reiss Joel D. Siegal Torbert Thomas R. Lalla, Jr. James E. McDaniel Eric A. Oesterle Daniel A. Rezneck Carole Silver J. David Tracy Charles W. Lane III Gerald T. McDonald John J. Okray Paul F. Richard George M. William Cham Trotter III Robert Todd Lang M. Margaret McKeown Jack H. Olender Henry duPont Ridgely Simmerman, Jr. Mark H. Tuohey III Myron E. LaRowe James Frederick Michael A. Olivas Lauren Stiller Rikleen Geraldine C. Simmons Reginald M. Turner, Jr. Frederick M. Lawrence McKibben, Jr. John F. Olson James F. Rill Georganna L. Simpson Alan Van Etten Don LeDuc Ivy Thomas McKinney John J. O’Malley Christopher S. Rizek Sarah M. Singleton Craig A. Van Matre James K. Lehman John B. McMillan Angela Onwuachi-Willig David W. Robbins Woon-Wah Siu Anthony van Westrum Connie Lewis Lensing Marcia M. McMurray Kathryn L. Ossian Pamela Jane Roberts John S. Skilton Palmer Gene Vance II E. Bruce Leonard M. Natalie McSherry Jennifer L. Parent R. Eric Robertson Don Slesnick Frank J. Vecchione Ann B. Lesk Joseph Alexander Melli Sarah Elizabeth Parker Russell M. Robinson II Thomas F. Smegal, Jr. Patricia Jane Villareal Robert F. Lewis Timothy E. Meredith Donald F. Parsons, Jr. Joseph J. Rodgers Edwin E. Smith Peter S. Vogel Jerome B. Libin Michael J Mestayer Jeffrey R. Parsons Carlos A. Mary L. Smith Stephen R. Volk Meryl R. Lieberman Charles G. Meyer J. Anthony Patterson, Jr. Rodriguez-Vidal Paul M. Smith Chaim Wachsberger Lance Liebman Dennis Meyer Gregory L. Pemberton Patrick G. Rogan Steven L. Smith Sol Wachtler John G. Lile Albert J. Lucian T. Pera William A. Rogers, Jr. Craig Smyser James Q. Walker Mezzanotte, Jr. Charisse R. Lillie Roswell Burchard Robert M. Rolfe Rodney G. Snow Timothy B. Walker Arthur M. Michaelson Susan B. Lindenauer Perkins James B. Rosenblum Christina A. Snyder Liza M. Walsh Richard W. Millar, Jr. Stephen P. Lindsay Vincent R. Petrucelli Nancy Ginsberg Ross Darin Walter Snyder Herbert S. Wander Judith A. Miller William J. Linkous, Jr. Sandra N. Peuler Jack A. Rounick John B. Snyder G. Lane Ware Retta A. Miller Jeffrey Alan Lipps Gordon P. Peyton Douglas P. Rucker, Jr. Ezekiel Solomon Roger E. Warin Barry K. Mills Martin Lipton Philip J. Pfeiffer Robert F. Ruckman Susan S. Soussan Virginia G. Watkin Martin D. Minsker Evan L. Loeffler John Vance Phelps Gerald L. Rushfelt Thornwell F. Sowell David J. Waxse Delmer R. Mitchell Raymond S. Londa Carter G. Phillips Irma S. Russell Thomas E. Spahn Donald E. Weihl William Morris Moffet Deborah J. Long Bettina B. Plevan George D. Ruttinger Grace E. Speights David C. Weiner Thomas J. Moloney Robert A. Longhi Aaron S. Podhurst Harold J. Ruvoldt, Jr. Theodore J. St. Antoine Jerome N. Weinstein David C. Moody Robert Henry Louis David Russell Poe John M. Ryan Roger V. Stageberg W. Scott Welch III S. D. Roberts Moore George T. Lowy Richard W. Pogue Jennifer A. Rymell Walter K. Stapleton Robert G. Wellon Thurston R. Moore Marla J. Luckert Donald J. Polden Kenneth L. Sable Kenneth W. Starr H. Thomas Wells, Jr. Robert M. Morgenthau Thomas L. Ludington Geoffrey Edward Pope Robert W. Sacoff Barbara S. Steiner Edwin J. Wesely Patrick C. Morrow Juanita B. Luis Michael A. Pope Peter A. Salsich, Jr. James L. Stengel J. T. Westermeier James A. Morsch Ronald T. Luke Maury B. Poscover Sara P. Sandford Margaret Deborah Stock Michael A. White Judy Hamilton Morse Graydon Dean Edward Martin Posner Gary L. Sasso Richard M. Strassberg Charles K. Whitehead Luthey, Jr. Robert S. Mucklestone Joseph M. Potenza Diana M. Savit Henry C. Su Richard S. Wiedman Martin E. Lybecker J. Shan Mullin John Dale Powers Barry A. Schatz Barry Sullivan Larry C. Willey Barbara M.G. Lynn Salvador Mungia Lonnie A. Powers Sanford J. Schlesinger E. Thomas Sullivan Clay R. Williams Michael M. Lyons Earl H. Munson, Jr. Gene E. K. Pratter Stephen W. Schlissel Kimberly Anne Summe Benjamin F. Wilson Judith N. Macaluso Linda Strite Murnane Peter Prieto Harvey I. Schneider Charles D. Susano, Jr. Warren Dexter William F. Macauley Larry Donald Murrell, Jr. Helen Pomerantz Pudlin Bart M. Schwartz Andrew F. Susko Woessner Sidney J. Machtinger Joseph G. Nassif John A. Purvis David A. Schwartz Thomas M. Susman Charles B. Wolf Melvin Malone George M. “Jack” Roger A. Putnam Robert E. Scott David Swank George T. Neal, Jr. Wommack, Jr. Marc J. Manderscheid Beverly J. Quail Russell Kenneth Scott Thomas P. Sweeney Amy Lynn Neuhardt Travers D. Wood Michael Joseph Manning James Linwood Jon M. Sebaly Janice M. Symchych Frank X. Neuner, Jr. L. Kinvin Wroth Daniel H. Margolis Quarles III John Sexton Ronald J. Tabak Robert M. Newbury Jimmy Wu Frances S. Margolis Alan S. Rachlin Daniel F. Shank Roger H. Taft William R. Newlin Brooke Wunnicke Amy Cashore Mariani Henry Ramsey, Jr. Anita Carr Shapiro Susan G. Talley Fredric S. Newman Harry Miller Wyatt III Edward G. Marks William T. Ramsey Floyd Shapiro John Anthony Tarantino Alex W. Newton Gwynne A. Young Heman A. Marshall III Nancy Rapoport Susan M. Sharko Christina M. Tchen W. Frank Newton James B. Young Charles Arthur Marvin Randall S. Rapp Thomas R. Sharp Larry E. Temple David Nied Stephen P. Younger Arvin Maskin Richard J. Rappaport Mary Jo Shartsis Harvey Mandell Cheryl I. Niro Stephen N. Zack Alan A. Matheson Shannon H. Ratliff L. David Shear Tettlebaum Randall D. Noel Michael S. Zetlin Joseph Matthews Linda J. Ravdin Miriam Shearing Joseph Thacker John W. Norman Jia Zhao Michael C. Mayhall Claire E. Reade Rita A. Sheffey Rhodia D. Thomas Colvin Gamble Andrea Zopp Adrianne C. Mazura Harry M. Reasoner John A. Sherrill Larry D. Thompson Norwood, Jr. Howard Zucker Stephen A. Mazurak Pamela Reeves D. Bruce Shine R. Wayne Thorpe

48 American Bar Foundation • www.americanbarfoundation.org Cornerstone Giving Society

The Cornerstone Giving Society of the American Bar Foundation was created in 2013 to acknowledge our growing family of individuals and organizations who have made contributions to the ABF outside the auspices of The Fellows of the American Bar Foundation Giving Societies.

ABF gratefully acknowledges the following individuals and organizations who have given so generously since 2013 as Cornerstone Giving Society donors.*

Individuals Cornerstone Organizations Gifts in Memory of Anonymous AT&T Joseph A. Woods, Jr. Malcolm Beyer John Deere & Company Elizabeth Lawler Ashley George B. Cauthen Global Law Services Robin Edwards Jan Cullinan The Bill & Melinda Gates Virginia Furth Foundation Whitney Cunningham Bruce and Heidi Gillies Jenner & Block LLP Lauren B. Edelman Ann Ramseyer and Kirkland & Ellis LLP Anne W. Hetlage Hugo Kapelke Leadership Council on Dr. and Mrs. John Holliman Mr. and Mrs. S. Donley Ritchey Legal Diversity Elizabeth K. Moser Mr. and Mrs. Harrison Robinson Lorman Education Services Robert L. Nelson Donahue Gallagher Woods LLP Microsoft Corporation Janet and Mark Price The Kenneth and Harle Neil S. Rockind Montgomery Foundation Elizabeth Roth on behalf of Bryant Garth William Rowe Nelson Mullins Riley Edward D. Simsarian & Scarborough LLP Jennifer Stephen Northrop Grumman Corporation Lucinda Underwood Ogletree Deakins Nash Smoak & Stewart PC Susan Vazzano Paul Weiss Rifkind Wharton & Garrison LLP Sidley Austin LLP Foundation Myron M. Studner Foundation Walmart

*Gifts or pledges received as of November 15, 2014

www.americanbarfoundation.org • 2014 Annual Report 49 Personnel

Administration The Fellows of Collaborating & Sarah Morando Lakhani, University Robert L. Nelson, Director the American Bar Affiliated Scholars of California, Berkeley Eileen C. Gallagher, Foundation Catherine R. Albiston, University Michael Levi, University of Cardiff Assistant Director for Kathleen D. Pace, of California, Boalt Hall School Ron Levi, University of Toronto Governance, Liaison, Director of the Fellows of Law Xueyao Li, Shanghai Jiao Tong and Legal Affairs (through Timothy Watson, Assistant Katherine Barnes, University of University May 2014) Director of the Fellows Arizona Rogers College of Law Stewart Macaulay, University of Helen Hardy, Director of Candy Khin, Fellows Ellen Berrey, SUNY Buffalo Wisconsin-Madison Law School Finance and Operations Database Administrator Kenworthey Bilz, Northwestern Joanne Martin, American Bar (as of September 2014) Erin Christmas, Fellows University School of Law Endowment Lucinda Underwood, Coordinator Susan Block-Lieb, Fordham Richard McAdams, University Director of Communications, University of Illinois College of Law Development, and Operations Accounting Assistant Jean Comaroff, Harvard University Mary Hunter McDonnell, Linda Lorenz, Tessie Harrell Northwestern University School Executive Assistant Gabriella Conti, Harris School of Public Policy Studies, University of Law (through April 2014) Administrative Associates of Chicago James Melton, University College Olu Ogundimu, Acting Thomas D. Cook, Northwestern London Manager of Adminstrative Kathryn Harris, Development & Communications University Hans Merkens, Freie Universität, Services and Support Staff Berlin (July 2014 through Associate; Program Manager, Yves Dezalay, Centre Nationale September 2014) Montgomery Summer de Recherche Scientifique, Paris Sally Engle Merry, New York Research Diversity Fellowship University Wencia Smithen, Controller Rosalind Dixon, University of Amy E. Schlueter, New South Wales Ethan Michelson, Indiana University Mike Swanson, Manager, Administrative Associate Administrative Services John Donohue, III, Yale Law Thomas Mitchell, University of for Development & School Wisconsin-Madison Law School and Support Staff Communications; Program (through June 2014) Coordinator, Center on Angela Duckworth, University Anthony Paik, University of Iowa Katherine Schulz, Manager, Law & Globalization of Pennsylvania Alberto Palloni, University of Administrative Services Erin Watt, Administrative Philipp Eisenhauer, University Wisconsin-Madison (as of November 2014) Associate (through May 2014) of Bonn Monique Payne-Pikus, DePaul Erin Watt, Assistant to the Zachary Elkins, University of Texas University Director (as of June 2014) Research Stephen Engel, Bates College Rodrigo Pinto, University of Chicago Support Staff Manager of Malcolm Feeley, University of Pascoe Pleasence, University College Information Services Maham Ayaz California, Berkeley London Savina Balasubramanian James Fields Holly Foster, Texas A&M Mary R. Rose, University of Texas, Austin (through June 2014) Jessie Baugher University Mark D. Rosen, Chicago-Kent (as of September Alison Baulos David Franklyn, University of Edgar Tuazon College of Law 2014; Interim Manager, Sonja Bunijevac San Francisco School of Law Jamie Rowen, University of Toronto July-August 2014) Anya Degenshein Jeremy Freese, Northwestern University Peter Siegelman, University of Adrienne Frie IS Senior Support Roland G. Fryer, Jr., Harvard Connecticut Law School Spencer Headworth Specialist University Carole Silver, Indiana University Edgar Tuazon Suzanne Hilal Hugh Gunz, University of Toronto School of Law (through June 2014) David McElhattan Sally Gunz, University of Waterloo Ann Southworth, University of Nichelle Nemo Alka Menon Anna Hanson, Northwestern California, Irvine School of Law (as of October 2014) Daniel Owings University Joyce S. Sterling, University of Senior Writer; Editor, Margarita Rayzberg Spencer Headworth, Northwestern Denver, Sturm College of Law Researching Law & John Secaras University David Thomson, University of Denver, Sturm College of Law ABF Annual Report; Romain Sinclair Aziz Huq, University of Chicago Law School J.D. Trout, Loyola University Chicago Grants Officer Nickolas Spencer Joshua Kaiser, Northwestern Mila Versteeg, University of Virginia Katharine W. Hannaford Connor Steelberg University Law School Publications Arielle Tolman Lucien Karpik, Écoles des Mines Jill D. Weinberg, DePaul University Amanda Ehrhardt, Editorial Frances Tung & EHESS, Paris David B. Wilkins, Harvard Law Coordinator, Law and Social Jill Weinberg Tim Kautz, University of Chicago School Inquiry & Administrative Silas Wong Fiona Kay, Queens University Hongqi Wu, Xiamen University Associate for Academic Affairs Heinz Klug, University of Sandra S. Yamate, Institute for Wisconsin-Madison Law School Inclusion in the Legal Profession

50 American Bar Foundation • www.americanbarfoundation.org Research Group on Legal Diversity Leonard Bierman, Texas A&M University Jamillah Bowman, ABF Doctoral Fellow, Stanford JD/PhD Traci Burch, Northwestern University Elizabeth Chambliss, New York Law School Ronit Dinovitzer, ABF Faculty Fellow, University of Toronto, Sociology Bryant Garth, ABF Director Emeritus, Southwestern Law School Elizabeth Gorman, University of Virginia, Sociology Mitu Gulati, Duke Law School ABF Administrative Staff: (standing, left to right) T. Watson, A. Schlueter, K. Hannaford, E. Christmas, John Hagan, ABF Research Professor, K. Pace, E. Watt, K. Harris, H. Hardy, K. Schultz, E. Tuazon; (seated, left to right) L. Underwood, Northwestern University, Sociology and Law T. Harrell, C. Khin, A. Ehrhardt, N. Nemo. Not pictured: W. Smithen. John Heinz, ABF Research Professor Emeritus, Northwestern Law Emeritus Law Firms Working Group, Michael Hoyler, Loughborough William Henderson, Indiana University University School of Law sponsored by the American Lynn Mather, University at Buffalo Jerry Kang, UCLA School of Law Bar Foundation and Indiana University Law School Fiona Kay, Queens University, Canada, Arthur Alderson, Indiana University Andrew Morriss, University of Illinois Sociology College of Law Elizabeth Mertz, ABF Research Professor, Jonathan Beaverstock, University of Nottingham School of Geography Daniel Muzio, Lancaster University University of Wisconsin Law School Management School Laura Beny, University of Michigan Law Robert Nelson, ABF Director, Northwestern Jonathan Nash, Tulane Law School University, Sociology and Law School Leonard Bierman, Mays Business School Robert L. Nelson*, American Bar Shaun Ossei-Owusu, ABF Doctoral Fellow, Foundation UC Berkeley-African American Studies at Texas A&M University Sara Peters, Stanford Law School Monique Payne-Pickus, ABF Affiliated Scholar Steven Boutcher, University of California, Irvine Kevin Quinn, Harvard Institute for Dylan Penningroth, ABF Research Professor, Quantitative Social Science Northwestern University, History Andrew Canter, Stanford Law School Elizabeth Chambliss, New York Law Mitt Regan, Georgetown University Damon Phillips, Columbia University, Law Center Business School Lauren Robel*, Indiana University Gabriele Plickert, Texas A&M University Nicole DeBruin, Northwestern University School of Law Maurer School of Law Lauren Rivera, Kellogg School of Management Ronit Dinovitzer, University of Toronto Tanina Rostain, New York Law School Mary R. Rose, University of Texas, Austin Samuel Estreicher, New York University Carole Silver, Indiana University Maurer ABF Research Social Rebecca Sandefur, School of Law School of Law Scientist, University of Illinois, Sociology James Faulconbridge, Lancaster Peter Taylor, Loughborough University Carroll Seron, University of California Irvine, University Christopher Tuggle, University of Social Ecology Victor Fleischer, University of Illinois Missouri—Columbia Carole Silver, ABF Affiliated Scholar, Indiana College of Law Gita Wilder*, NALP Foundation for University School of Law Marc Galanter, University of Wisconsin Law Career Research and Education Joyce Sterling, University of Denver College Law School/ London School of Economics of Law * Member, Law Firms Working Group John Gordanier, Amherst College Steering Committee András Tilcsik, Harvard University Elizabeth Gorman*, University David Wilkins, ABF Affiliated Scholar, of Virginia Harvard Law School Gillian Hadfield,University of Southern Victoria Saker Woeste, ABF Research California Law School Professor Michael Heise, Cornell Law School Albert Yoon, University of Toronto, Faculty of Law William D. Henderson*, Indiana University Maurer School of Law (Additional scholars will be added to this research Deborah Hensler, Stanford Law School group as the program progresses.)

www.americanbarfoundation.org • 2014 Annual Report 51 Personnel

Rule of Law Daniel Mejia, University of Visiting Scholars Doctoral Fellows Research Consortium, Los Andes Philip Ashton, Associate Andrew S. Baer, World Justice Project James Melton, University College Professor, University of History, Northwestern Benito Arrunada, University Pompeu London Illinois at Chicago University Fabra Sally Engle Merry, New York Katherine Barnes, Professor, Maureen Craig, Tim Besley, London School of Economics University University of Arizona James Psychology, E Rogers College of Law Northwestern University Nehal Bhuta, European University Cian Murphy, King’s College Institute Smoki Musaraj, University of Jamillah Bowman, Paul Karen Rhone, Political Hastings LLP Juan Botero, World Justice Project California-Irvine Science, University of Susan Block-Lieb, Professor, Chicago Rosa Brooks, Georgetown University Robert Nelson, Co-Chair, American Bar Foundation and Fordham University School Kasey Henricks, David Caron, King’s College London Northwestern University of Law Sociology, Loyola Thomas Carothers, Carnegie Eric Neumayer, London School Ari Bryan, ACLS New University Chicago Endowment of Economics Faculty Fellow, University Alisha Holland, of California, Berkeley Nick Cheesman, Australian National Randy Peerenboom, La Trobe Political Science, University University Jeannette Colyvas, Associate Harvard University Yu-Chien Chang, Academica Sinica Professor, Northwestern Joshua Kaiser, Sociology Aparna Polavarapu, University University Albert Chen, Hong Kong University of South Carolina & Law, Northwestern Stephen Engel, Assistant University Adam Chilton, University of Chicago Alejandro Ponce, Co-Chair, Professor, Bates College John Comaroff, Harvard University World Justice Project Sarah Morando Iole Fargnoli, Professor, Lakhani, Sociology, Mariano-Florentino Cuéllar, Stanford Jothie Rajah, American Bar University of Bern Foundation University of California, University Erika George, Professor, Los Angeles Kevin Davis, New York University Anita Ramasastry, University University of Utah College of Washington Amy Myrick, Sociology, Larry Diamond, Stanford University of Law Northwestern University Bo Rothstein, University of Sydney Halpern, Professor, Brad Epperly, University of South Gothenburg Carolina University of Illinois at Members of Joel Samuels, University of Chicago Julio Faundez, University of Warwick the Wheeler South Carolina Patrisia Macias-Rojas, External Research Centro de Julio Rios Figueroa, Kim Lane Scheppele, Princeton Professor, Sarah Lawrence Investigación y Docen- cia Económicas Review Panel University College Bryant Garth, University of California- Professor Richard David Shirk, University of Quinn Weber Mulroy, Brooks Irvine San Diego Assistant Professor, Syracuse Yale Law School James Gathii, Loyola University Andrei Shleifer, Harvard University University Professor Stewart Chicago Becky Pettit, Associate Svend-Erik Skaaning, Aarhaus Macaulay Tom Ginsburg, Co-Chair, University University Professor, Sociology, of Chicago and American Bar University of Washington University of Wisconsin Foundation Gordon Smith, University of School of Law South Carolina Justin Richland, Associate Jon Gould, American University Professor, University of Professor Michael Kellye Testy, University of Chicago McCann Gillian Hadfield,University of Southern Washington California Nadia Sawicki, Assistant Comparative Law and Francesco Trebbi, University of Society Studies Center, John Hagan, Northwestern University British Columbia Professor, Loyola University Chicago School of Law University of Washington Gretchen Helmke, University of Renata Uitz, Central European Professor Sally Engle Rochester Carole Silver, Professor, University Merry Susan Hirsch, George Mason University Northwestern University Thierry Verdier, Paris School of School of Law Marion Butler McLean Aziz Huq, University of Chicago Economics Professor in the History of Nicole Gonzalez Van Ideas, Wellesley College Erik Jensen, Stanford University Mila Versteeg, University of Virginia Cleve, Assistant Professor, Hamid Khan, George Washington Stefan Voigt, University of Temple University Professor Jennifer Robbennolt University Hamburg Kim Welch, Assistant Rachel Kleinfeld, Carnegie Endowment Barry Weingast, Stanford University Professor, West Virginia University of Illinois College of Law Jack Knight, Duke University Bruce Western, Harvard University University Professor Robert Timur Kuran, Duke University Jennifer Widner, Princeton Flannery Stevens, Assistant Professor, University of Utah Sampson (Chair) Margaret Levi, Stanford University University Chang Wang, Associate Department of Sociology, University of Michael Woolcock, World Bank Katerina Linos, Professor, China University Harvard University California-Berkeley Qianfan Zhang, Peking University of Political Science and Law Beatriz Magaloni, Stanford University Peer Zumbansen, King’s College Jenny Martinez, Stanford University

52 American Bar Foundation • www.americanbarfoundation.org Financial Report 2013–2014

Statements of Financial Position Years Ended August 31, 2014 and 2013

August 31, 2014 August 31, 2013 Assets Cash and cash equivalents $242,810 $173,911 Long-term investments at market value 24,234,406 22,014,323 Receivables and other 170,923 321,354 Prepaid expenses 12,340 14,074 Property and equipment 186,919 232,953

Total Assets $24,847,398 $22,756,616 Liabilities Accounts payable and other accrued expenses 365,696 439,306 Short-term loan 200,000 450,000 Deferred revenues 1,000 53,053 Deferred rent liability 588,600 657,710 Minimum pension liability 702,799 590,979 Total Liabilities 1,858,095 2,191,049

Net Assets Unrestricted 15,905,496 14,460,572 Temporarily restricted 3,250,339 2,367,983 Permanently restricted 3,833,468 3,737,013 Total Net Assets 22,989,303 20,565,567

Total Liabilities and Net Assets $24,847,398 $22,756,616

Notes: These financial statements were abstracted from the Foundation’s August 31, 2014 financial statements which are currently being audited by Plante & Moran, PLLC. Because the information does not include all disclosures (footnotes) required by the U.S. generally accepted accounting principles (US GAAP), it does not purport to present the Foundation’s financial condition or results of operations without these disclosures. Upon completion of the independent audit, a copy of the audited statements and accompanying footnotes will be provided upon request.

www.americanbarfoundation.org • 2014 Annual Report 53 Financial Report 2013–2014

Statements of Activities Years Ended August 31, 2014 and 2013

August 31, 2014 August 31, 2013 Revenues American Bar Endowment grant $3,365,369 $3,160,519 National Science Foundation grants 110,347 459,044 The Fellows of the American Bar Foundation 1,528,348 1,479,890 Other grants/contributions 166,460 261,937 Total Grants and Contributions $5,170,524 $5,361,390 Endowment annual spending allowance 1,062,052 1,017,430 Law and Social Inquiry (journal) 20,000 20,000 Royalties and other publications 3,568 9,355 Other income and support 6,406 100,000 Total Revenues $6,262,550 $6,508,175 Expenses Research activities 3,479,839 3,899,620 Fellows’ Services (net of revenues from events) 429,145 429,405 Law & Social Inquiry 94,091 129,587 Liaison Research 2,706 2,911 Academic Affairs and Fellowships 243,809 263,930 Development and Fundraising 378,046 362,944 Administration and Facilities 1,697,308 1,604,937 Total Expenses $6,324,944 $6,693,334

Results from Operations (62,394) (185,159)

Other Foundation Activity – Non-Operating and Restricted Investment activity (less spending allowance) 2,216,068 631,026 Restricted contributions 296,455 1,007,597 Changes in minimum pension liability (26,391) 358,380

Total Change in Net Assets 2,423,738 1,811,844

54 American Bar Foundation • www.americanbarfoundation.org Allocation of Funding FY 2013–2014 American Bar Foundation Research Projects

11% Law, Diversity and Equal Justice 24% Legal Profession/ Access to Justice/ Legal Education 11% Law, Health and Human Development 11% Rights, Courts and Social Change 14% Criminal Justice 17% Law and Globalization 12% Civil Justice and Dispute Resolution

www.americanbarfoundation.org • 2014 Annual Report 55 Photo courtesy of Emory University School of Law resolution: Randolph W. Thrower

Many men and women have been said to exemplify the highest ideals of the legal profession, but very few have done so with the grace, wisdom, and dedication to justice of Randolph W. Thrower. The American Bar Foundation relied on and benefited from Randolph’s leadership and expert counsel for several decades. The board, faculty, and staff of the Foundation, therefore, note with great sadness his death on March 8th, 2014, at age 100.

Randolph Thrower was the president of the American Bar Foundation in 1986–1988, and served on its board in several capacities from 1980 until 1990. He was also counsel to the Foundation during the 1980s. During his long and distinguished career, he held many important posts of public trust and responsibility. He served as the Commissioner of Internal Revenue in the late 1960s and early 1970s, and he courageously refused to permit the IRS to be used for political purposes. He also represented, pro bono, prisoners under sentence of death. He was the president of the Atlanta Legal Aid Society, a founding member of the Lawyers’ Committee for Civil Rights Under Law, chairman of the ABA Section of Taxation, a member of the ABA Commission on the Status of Women in the Profession, and a recipient of the ABA Medal, its highest honor, as well as of honors from numerous other organizations. During World War II, he served as a captain in the U.S. Marine Corps. From the late 1930s until his death, except during periods of public service, he practiced law with the firm of Sutherland Asbill & Brennan in Atlanta, Georgia.

After his service at the IRS, Randolph initiated a research project at the American Bar Foundation that focused on income tax compliance. That project collected data from taxpayers undergoing state income tax audits in Oregon, as well as from auditors and tax practitioners. Another part of the study surveyed 1,200 Minnesota taxpayers to probe attitudes towards tax compliance and future intentions of noncompliance. The project resulted in several important publications. Randolph Thrower was closely involved in the design and execution of the research. Now, therefore, be it resolved that the Board of Directors of the American Bar Foundation expresses its profound sadness at the passing of its dear friend and colleague Randolph W. Thrower, offers its heartfelt condolences to his family and his law firm, and records its admiration for his professional skill, his steadfast integrity, and his extraordinary record of public service.

56 American Bar Foundation • www.americanbarfoundation.org

Indicia 750 N. Lake Shore Drive, Chicago, IL 60611-4403 to come 312-988-6500 www.americanbarfoundation.org

2014 Annual Report