Annual Repor t 2016 Any opinions, findings, and conclusions or recommendations expressed in ABF publications are those of the author(s) and do not necessarily reflect the views of the American Bar Foundation or the American Bar Association.

The AMERICAN BAR FOUNDATION, ABF and related seal trademarks as used by the American Bar Foundation are owned by the American Bar Association and used under license. 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: Ajay K. Mehrotra 7 Highlights 14 Research Program 18 Research Faculty 18 Research Professors 27 Affiliated Research Professors 28 Faculty Fellows 30 Research Social Scientists 31 Selected Publications 36 ABF Publications 36 & Social Inquiry 36 Researching Law 37 Recent Major Media Coverage and Faculty Op-Eds 38 Liaison Research Services Program 39 Montgomery Summer Research Diversity Fellowships in Law and Social Science for Undergraduate Students 40 Doctoral Fellowship Programs 41 Presentations at the ABF 2016 42 Sponsored Programs 42 Research Funds 44 The Fellows of the American Bar Foundation 46 Life Fellows Contributions to the American Bar Foundation 50 Cornerstone Giving Society 51 Personnel 54 Financial Report 2015–16 56 Allocation of Funding FY 2015–16 Inside back cover In Memorian: Robert MacCrate 2016 www.americanbarfoundation.org • 2016 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 over 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 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 , , , law, , , and . 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 $2,930,998 in fiscal year 2015-2016 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

2015–2016 2016–2017 Officers and Ex Officio Officers and Ex Officio Directors Paulette Brown Directors Linda A. Klein President, President, American Bar President President American Bar Association Association 2016–17 David A. Collins Ellen J. Flannery Beverly Hills, MI Linda A. Klein Washington, D.C. Hilarie Bass President-Elect, President-Elect, American Bar Vice-President American Bar Association Vice-President Association 2016–17 Ellen J. Flannery David S. Houghton Patricia Lee Refo G. Nicholas Casey, Jr. Washington, D.C. Omaha, NE Chair, House of Delegates, Treasurer, American Bar Treasurer American Bar Association Treasurer Association 2014–17 George S. Frazza G. Nicholas Casey Jr. Jimmy K. Goodman Robert A. Clifford New York, NY Treasurer, Oklahoma City, OK Chair of the ABA Fund for Secretary American Bar Association Secretary Justice and Education Council David S. Houghton Martha Walters Barnett E. Thomas Sullivan Deborah Enix-Ross Omaha, NE President, Burlington, VT Chair, House of Delegates, American Bar Endowment American Bar Association 2016–18 Hon. Mariano- Hon. Mariano- Michelle A. Behnke J.A. (Tony) Patterson, Jr. Florentino Cuéllar Florentino Cuéllar Chair of the Council of the President, Stanford, CA Fund for Justice Education, Stanford, CA American Bar Endowment American Bar Association Doreen D. Dodson Doreen D. Dodson Daniel B. Rodriguez St. Louis, MO Daniel B. Rodriguez St. Louis, MO Dean, Northwestern Jimmy K. Goodman Dean, Northwestern George S. Frazza University School of Law University School of Law Oklahoma City, OK New York, NY Michael H. Byowitz Hon. Sophia H. Hall Hon. Cara Lee T. Hon. Sophia H. Hall Chair, the Fellows of the , IL Neville (Ret.) Chicago, IL American Bar Foundation Chair, the Fellows of Rew R. Goodenow Kay H. Hodge The American Bar Foundation Kay H. Hodge Boston, MA Boston, MA Chair-Elect, the Fellows of Michael H. Byowitz the American Bar Foundation Harold D. Pope Judy Perry Martinez Chair-Elect, the Fellows of Reginald M. Turner Southfield, MI The American Bar Foundation New Orleans, LA Secretary, the Fellows of the Wm. T. Robinson III Rew R. Goodenow Harold D. Pope III American Bar Foundation Florence, KY Secretary, the Fellows of Southfield, MI Executive Committee Hon. Ellen F. Rosenblum The American Bar Foundation Lauren Robel Salem, OR Bloomington, IN Ellen J. Flannery, Chair Executive Committee Michael H. Byowitz Andrew M. Schpak Hon. Ellen F. Rosenblum David A. Collins, Chair Jimmy K. Goodman Portland, OR Salem, OR Ellen J. Flannery Kay H. Hodge E. Thomas Sullivan George S. Frazza Andrew M. Schpak David S. Houghton Burlington, VT Portland, OR Kay H. Hodge E. Thomas Sullivan Walter L. Sutton, Jr. David S. Houghton Walter L. Sutton, Jr. Walter L. Sutton, Jr. Dallas, TX Cara Lee Neville Dallas, TX Wm. T. Robinson III Special Advisor Walter L. Sutton, Jr. Kathleen J. Hopkins Special Advisors

Kathleen J. Hopkins Hon. Cara Lee T. Lauren Stiller Rikleen Neville (Ret.) Mark Suchman Immediate Past Chair, the Fellows of the American Bar Foundation

www.americanbarfoundation.org • 2016 Annual Report 3 Fellows Research Advisory Committee

Mission Members Emeritus The Fellows Research Advisory Committee serves Rew R. Goodenow, Chair Members as a bridge between the research program of the Reno, NV Jacqueline Allee American Bar Foundation and the profession, Reginald Turner, Chair-Elect Coconut Grove, FL including the practicing bar, the judiciary, and Detroit, MI Ellen J. Flannery legal education. Through interaction with the Michael H. Byowitz, Covington & Burling LLP researchers and the leadership of the ABF, the Immediate Past Chair Washington, D.C. Committee strives to bring the interests and New York, NY concerns of the legal profession to the attention Professor Amelia H. Boss of ABF researchers and to inform the profession Philadelphia, PA about the breadth and quality of ABF research Sandra Chan Santa Barbara, CA through seminars and other activities. Don De Amicis Washington, D.C. Michael E. Flowers Columbus, OH Sharon Stern Gerstman Buffalo, NY Graydon Dean Luthey, Jr. Tulsa, OK Andrew Joshua Markus Miami, FL Kevin L. Shepherd Baltimore, MD Mary L. Smith Lansing, IL

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

2014–2016 David A. Collins 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 • 2016 Annual Report 5 Report of the Director: Ajay K. Mehrotra

Dear Friends, Thank you to the many institutions and individuals that continue to support the American Bar Foundation (ABF). Now well into my second year as ABF Director, I’m even more thrilled to be leading one of the world’s foremost research institutes focusing on the study of law, legal institutions, and legal processes. One reason for my continued excitement is the excellent support we have at the ABF, from our outstanding board, now led by Ellen Flannery, to our dedicated staff and faculty to our primary funders: the American Bar Endowment, the ABF Fellows, and the many external funding organizations such as the National Science Foundation, the Public Welfare Foundation, The Law School Admission Council, and most recently, AccessLex Institute. We are grateful for all the support we have received over the past years. As the following pages highlight, the ABF has had another productive year of highly innovative and influential research. Despite challenging financial conditions, the ABF faculty published an astonishing number of interdisciplinary books, articles, and professional reports. We also hired two new joint-appointee research professors. And we initiated new programming and secured additional grant revenue to ensure that the ABF remains one of the leading incubators for future scholars and legal professionals. Let me briefly highlight some of our past research achievements. First, in the area of diversity and law, the ABF continues to be a leading source of empirical and interdisciplinary research on the perennial struggle to diversify the legal and other professions. Our Research Group on Legal Diversity hosted a conference on “Metrics, Diversity, and Law” this past spring; at the same time that the papers from the Research Group’s 2013 conference were published as a new edited volume on Diversity in Practice. In the spring, the ABF also launched its newest diversity initiative linked to the Neukom Chair: The Future of Latinos Project, which has since blossomed into a national program exploring ways to improve opportunities and mobility for our nation’s fastest growing minority population. Second, the ABF’s Access to Justice research remains on the cutting-edge of new scholarship. Our work on Civil and Community Needs and Services has demonstrated the tragic gap that persists between the legal needs of disadvantaged populations and the supply of legal professionals. Likewise, our work on the organized bar—whether it’s the Texas plaintiffs’ bar and tort reform or criminal defense lawyers in China—has demonstrated the important role that lawyers play as gatekeepers to justice. Similarly, our many research projects that explore the disjuncture between formal law and law in action—from our work on criminal justice to the intersection of law and science—illustrate why conducting empirical research is an essential first step before we can improve access to justice. Third, our scholarship on legal education and the profession remains a hallmark of ABF research. From our After the JD study to our work on the financing of legal education to our New Legal Realism project and the career trajectory of diverse law professors, the ABF has maintained its leadership as the premier institute for the unbiased and objective study of legal education and the profession. Finally, much of the outstanding work of our faculty, both as scholars and mentors, was duly recognized this past year. Several ABF researchers were awarded book prizes and accolades for their influential research and teaching. As we look ahead, everyone associated with the ABF— donors, strategic partners, board members, ABF Fellows, staff, faculty, and research assistants— should be proud of all that we have accomplished and the potential for excellence going forward. Ajay K. Mehrotra

6 American Bar Foundation • www.americanbarfoundation.org Highlights

Expanding the Network for one of the ABF’s newest Research Projects, “The Future of Latinos in the United States: Law, Opportunity, and Mobility” The new ABF research and programming project, “The Future of Latinos in the United States: Law, Opportunity, and Mobility,” expanded its network in 2016 with several exciting events. The research initiative was launched in 2015 by Rachel Moran, the inaugural ABF William H. Neukom Fellows Research Chair in Diversity and Law and Dean Emerita and Michael J. Connell Distinguished Professor of Law at UCLA Law School. The Latino population is projected to account for nearly 30 percent of the U.S. population by 2050. Thus, this new ABF project is both innovative and timely. A nation-wide, interdisciplinary project, “The Future of Latinos” is dedicated to understanding and advancing research on • the current condition of Latinos in the United States, • the structural barriers that impede full equality and integration for this emerging population, • the sites of intervention that promise to be most impactful in promoting opportunity and mobility through law and policy. In its first year, the Future of Latinos Project hosted several events. In February 2016, the Fellows of the American Bar Foundation presented a CLE research seminar, “The Future of Latinos in the United States: Law, Opportunity, and Mobility,” at the ABA Midyear Meeting in San Diego. This panel discussion consisted of two ABF-affiliated researchers, Moran, and ABF Director Emeritus, Robert L. Nelson. Moran and Nelson were joined by Luz Herrera, Associate Dean for Experiential Education at Texas A&M University

• Luz Herrera, Associate Dean for Experiential Education at Texas A&M University School of Law, presents at the CLE research seminar, “The Future of Latinos in the United States: Law, Opportunity, and Mobility,” at the ABA Midyear Meeting in San Diego. • (From left to right) Robert L. Nelson, Jesus "Chuy" Garcia, Rachel F. Moran, Pilar Margarita Hernández Escontrías at the Future of Latinos Midwest Roundtable in June 2016 • Dr. Lilia Fernandez at the Future of Latinos Midwest Roundtable in June 2016 • Cook County Commissioner and former mayoral candidate Jesus "Chuy" Garcia speaking at the Future of Latinos Midwest Roundtable. • Kevin Johnson, Dean and Mabie-Apallas Professor of Public Interest Law and Chicana/o Studies at UC Davis School of Law, and ABF Board Member, Hon. Mariano-Florentino Cuéllar at The Future of Latinos in the United States Planning Summit at UCLA in November 2016.

www.americanbarfoundation.org • 2016 Annual Report 7 Highlights

for a roundtable forum at ’s Pritzker School of Law. The forum focused on key issues facing the Latino community, including economic opportunity, mobility, civic and political engagement, and immigration. In November 2016, “The Network for Justice Planning Summit: Creating Legal and Legislative Support for Latino Communities” convened at the UCLA Luskin Conference Center. The summit was held in Los Angeles, with the goal of helping to establish a California-based network for justice pilot program to connect Latino populations with legal resources. California was chosen for the launch of this new initiative because of its demographic profile, its leadership in both clinical education and social justice, and its capacity to support the establishment of a robust network. The Future of Latinos project will continue to host other events in the coming years, with several regional initiatives planned in 2017, and a culminating national summit anticipated for 2018 in Washington, D.C. The Fourth Conference of the Research Group on Legal Diversity: Metrics, Diversity, and Law The Research Group on Legal Diversity (RGLD) held its 2016 Conference on May 5-6, dedicated to the theme of “Metrics, Diversity, and Law.” RGLD co-directors, ABF Director Emeritus and MacCrate • (From left to right) ABF Board member, Kay Hodge, Former ABF Chair in the Legal Profession, Robert L. Nelson, President, David A. Collins, Dean Emerita and Michael J. Connell Faculty Fellow Ronit Dinovitzer, and ABF-affiliated Distinguished Professor of Law at UCLA School of Law, Rachel F. Moran, ABF Director, Ajay K. Mehrotra, Paulette Brown, Immediate scholar David Wilkins convened over 80 scholars and past President of the ABA, ABF Director Emeritus and the MacCrate practitioners over two days to examine measures of Research Chair in the Legal Profession, Robert L. Nelson, ABF diversity and inclusion in the professions. With this Faculty Fellow, Ronit Dinovitzer, and ABF Board Treasurer, Jimmy K. Goodman, at the Research Group on Legal Diversity’s Metrics, conference, the RGLD spearheaded a critical analysis of Diversity, and Law 2016 Conference, May 5-6, in Chicago. metrics that influence legal and professional workplaces. • Lee S. Webster from the University of Texas Medical Branch In the law and other professions, metrics play key roles presenting at the RGLD 2016 conference. in the decision-making processes of gatekeepers at critical junctures throughout careers, and in drawing School of Law, and award-winning journalist and trial conclusions about successes and failures in efforts lawyer, Manny Medrano, who acted as panel moderator. to advance diversity and inclusion. The conference In June 2016, the ABF hosted a Midwest investigated how these metrics include assessments of regional roundtable under the auspices of the Future individuals’ characteristics—such as those involved in of Latinos project. The ABF assembled over 80 hiring decisions and performance evaluations—and law and interdisciplinary scholars, legal advocates, assessments of organizational characteristics— such foundation representatives, politicians, community as measures of efficiency, diversity, and “quality,” from activists, members of the media, and emerging leaders both firms themselves and external evaluators.

8 American Bar Foundation • www.americanbarfoundation.org CLE Research Seminar on Civil Rights Advocacy In August 2016, the ABF Fellows presented a CLE research seminar, “Civil Rights Advocacy: Past, Present and Future,” at the ABA’s Annual Meeting in San Francisco. The seminar explored the nature of civil rights claims and how the concept of civil rights has been developed, enforced, ignored, and contested. Panelists included Lauren B. Edelman, the Agnes Roddy Robb Professor of Law and Professor of Sociology at the University of California, Berkeley and author of Working Law: Courts, Corporations, and Symbolic Civil Rights; Jocelyn Larkin, Executive Director of the Impact Fund, a legal nonprofit providing support for public interest impact litigation; Melissa Murray, interim dean and the Alexander F. and May T. Morrison Professor of Law at the University of California, Berkeley School of Law; and Cheryl I. Harris, the Rosalinde and Arthur Gilbert Foundation Chair in Civil Rights and Civil Liberties at UCLA School of Law, coauthor of Cases on Reproductive Rights and Justice, and leading scholar on Critical Race Theory. Dylan C. Penningroth, an affiliated research professor at the ABF and professor of law and history at the University of California, Berkeley, served as panel moderator. 2016 Law in the History of Capitalism Conference The American Bar Foundation and the Law School co-hosted the 2016 Law in the History of Capitalism Conference at the ABF offices on June 27-28. The conference stemmed from a recent surge of interdisciplinary scholarship on the historical relationship between law and capitalism, placing law, legal institutions, and legal processes at the center of capitalist transformations. The conference was an opportunity for junior scholars to share previously unpublished research and connect with senior scholars in the field. The conference was supported by the University of Chicago Law School, American Society for Legal History, Indiana University Maurer School of Law, University of Illinois College • (From left to right) Melissa Murray, Cheryl Harris, Jocelyn Larkin, of Law, University of Michigan Law School, University Lauren Edelman, and Dylan C. Penningroth of Minnesota Law School, and University of • Panelists Melissa Murray, Jocelyn Larkin, Cheryl Harris, and Lauren Edelman at the CLE research seminar, “Civil Rights Advocacy: Past, Pennsylvania Law School. Present and Future” in August 2016. • 2016 Law in the History of Capitalism Conference at the ABF’s offices, June 27-28, 2016.

www.americanbarfoundation.org • 2016 Annual Report 9 Highlights

The ABF’s Community of Emerging Scholars Montgomery Summer Research Diversity Fellowship The ABF welcomed four undergraduate students to Chicago this summer as part of the Montgomery Summer Research Diversity Fellowship in Law and Social Science. For nearly thirty years, the ABF has invited outstanding students from diverse backgrounds to spend eight weeks in residence at the ABF offices and experience the rewards and challenges of a research-oriented career in law and social science. The fellows spent summer 2016 working alongside ABF research professors on various research projects, meeting with local judges and other legal professionals, attending conferences, and visiting the ABA Chicago headquarters, area courthouses, and other venues. Doctoral Fellows The ABF continued its tradition of supporting doctoral students by welcoming a new cohort of doctoral fellows. Ayobami Laniyonu (UCLA), David McElhattan • The SRDF Fellows visiting the Cook County Criminal Court, where (Northwestern University), Jeffrey Omari (University they shadowed Assistant State's Attorney Jennifer Coleman of California, Santa Cruz), and Emma Shakeshaft (University of Wisconsin-Madison), joined continuing fellows Amanda Hughett and Matthew Shaw in September 2016. Laniyonu’s research focuses on the impact that policing practices and strategies have on political participation. McElhattan’s research explores the use of criminal records by non-criminal justice actors, tracing how the availability of criminal history information dramatically expanded in the United States over the past three decades. Omari’s dissertation, “Democracy Through Technology? Internet Governance and Urban Development in Rio de Janeiro,” examines the political, legal, and cultural implications of Internet governance in Rio de Janeiro, Brazil. For her dissertation, Shakeshaft is researching the interpretations and procedures of judges, lawyers, and governmental actors by examining legal resource allocation and case outcomes based on gender, The American Bar Endowment is the American Bar Foundation's largest and longest term supporter. The ABE's support is crucial to the ABF's ability to nationality, and race. Her research focuses on transracial conduct and disseminate world-class research on law and its relationship to adoption case law, human trafficking case law, and data society. From left to right: Palmer Gene Vance, Hon. Lee S. Edmon, Martha on nonimmigrant visas for victims of criminal activity Barnett, Ajay K. Mehrotra, Ellen Flannery, Anthony (Tony) Patterson, Jonathan Cole and human trafficking.

10 American Bar Foundation • www.americanbarfoundation.org ABF Welcomes New Board Leadership Two long-time ABF community members took leadership roles at the ABF in fall 2016. Ellen Flannery, a partner in the Food, Drug, and Device practice at Covington & Burling LLP in Washington, D.C., was elected President of the American Bar Foundation in October, succeeding former ABF President, David Collins. Flannery is an active member of the ABF community, having served as an ABF Board member since 2005 and as chair of the Fellows of the ABF in 2007-08. New York attorney Michael Byowitz was elected chair of the Fellows of the ABF this past fall. He has been practicing law at Wachtell, Lipton, Rosen, • Ellen Flannery was named & Katz for more than 30 years. Byowitz served as the ABF Board President in October 2016 ©2016 Paul co-chair of The Fellows’ New York chapter for two years Sakuma Photography and was most recently Chair-Elect and Secretary of the • Fellows Chair, ABF Fellows. Mike Byowitz Faculty Activities and Recognition ABF Director Emeritus and MacCrate Chair in the Legal Profession Robert L. Nelson, in collaboration with ABF Faculty Fellow Ronit Dinovitzer, affiliated scholar David Wilkins, and ABF research assistant late 1990s, New Legal Realism scholarship has grown Spencer Headworth, co-edited, Diversity in Practice: to become a leading channel for translation between Race, Gender, and Class in Legal and Professional Careers the law and social science. The ABF celebrated the published by Cambridge University Press. The volume 10th anniversary of the project in 2014. The New Legal is the output from the 2013 conference of the ABF’s Realism, Volume 1: Translating Society for Today’s Legal Research Group on Legal Diversity. The essays collected Practice, combines contributions from eminent scholars in this edited volume examine the reality of diversity from a variety of disciplines to explore relevant issues practices in contemporary law firms, corporations, and offer a model for future empirical law research. The and law schools. The collected papers analyze the New Legal Realism, Volume II: Studying Law Globally, disconnect between expressed commitments to diversity focuses on the integration of global perspectives into and the practical goals that are achieved, revealing our understanding of law and the interplay among the often obscure systemic causes that drive persistent global translations and conceptions of law. Translating professional inequalities. Diversity in Practice is the the Social World for Law examines the linguistic broadest study of diversity in professional careers to challenges that arise in translating between law and date. the social sciences. The authors use empirical research ABF Research Professor Elizabeth Mertz to emphasize the importance of understanding how co-edited three volumes of The New Legal Realism, law operates in action around the world. an ABF research project that has evolved into a ABF Research Professor Terence C. Halliday major international school of legal study. The New and ABF Faculty Fellow Sida Liu released their Legal Realism project aims to develop a genuinely new book, Criminal Defense in China: The Politics of interdisciplinary approach to the empirical study Lawyers at Work (Cambridge University Press, 2016) of law and social science, and to advance a shared in November. Terence Halliday is a world-renowned understanding of law. Since it was launched as an sociologist and researcher with a focus on global law- ABF research project co-directed by Mertz in the making, professions, and international law reforms

www.americanbarfoundation.org • 2016 Annual Report 11 Highlights

and the co-director of the American Bar Foundation’s Center on Law & Globalization. Liu, an assistant professor of sociology at the University of Toronto, is a sociologist of law who has written extensively on Chinese law and sociolegal theory. The book is the culmination of more than a decade of ongoing research on the work and politics of criminal defense lawyers and their fight for basic legal freedoms in China. Drawing from 329 interviews with criminal defense lawyers and activists between 2005 and 2015, as well as news and social media analysis, Criminal Defense in China documents the emergence of politically mobilized lawyers and human rights activism under China’s authoritarian state. In January, Halliday co-authored an open letter to Chinese President Xi Jinping, published in The Guardian, in which renowned jurists from around the world denounced the Chinese government’s crackdown on members of the legal community and demanded adherence to universal legal standards. On March 11, 2016, Halliday spoke to foreign diplomats, ambassadors, and U.N. officials about new proposals to strengthen the rule of law during a dialogue at the U.N. headquarters. The discussion, entitled, “Strengthening the Rule of Law through the United Nations Security Council (UNSC),” was hosted by the Rule of Law Unit on behalf of the U.N. Rule of Law Coordination and Resource Group, the Permanent Mission of Australia, and the Permanent Mission of Japan. It marked the official launch of a report of policy proposals by Australian institutions to enhance the capacity of the UNSC to strengthen the rule of law when it deploys cambridge studies in law and society • A Chinese prison peace operations, applies sanctions, and authorizes halliday Criminal Defense in China © Associated Pressliu and the use of force.

Criminal Defense in China studies empirically the everyday work and political mobilization of defense lawyers in China. It builds upon 329• interviews Human across China, rights and other social science methods, to investigate and analyze the interweaving of politics and practice in five segments of the practicing criminal defenselawyer, bar in China from Wang 2005 Yu, to 2015. This book is the first to examine everyday criminal defense work in China as Faculty Awards and Recognition a political project. The authors engage extensive scholarship onwith lawyers and ABF political Research liberalism across the world, from seventeenth-century Europe to late twentieth-century Korea and Taiwan, drawing on theoretical propositions from thisProfessor body of theory to Terence Criminal Defense Professor Rebecca L. Sandefur, a Faculty Fellow at the examine the strategies and constraints of lawyer mobilization in China. The book brings a fresh perspective through its focus on everyday work and ordinary lawyering in an

C. Halliday in in China authoritarian context and raises searching questions about law and lawyers, politics ABF and an associate professor of sociology and law at and society, in China’s uncertain future. Beijing, China, the University of Illinois at Urbana-Champaign, spoke SIDA LIU is Assistant Professor of Sociology at the University Juneof Toronto, Faculty 2015. Fellow at the American Bar Foundation, and a Member of the Institute for Advanced Study in Princeton in 2016–17. Photo courtesy of about her research on public experience with civil

TERENCE HALLIDAY is Co-Director of the Center on Law andTerence Globalization, C. Halliday. Research Professor at the American Bar Foundation, and Honorary Professor at the justice problems and civil legal aid at a meeting held Australian National University, Canberra. cambridge studies in law and society at the U.S. Department of Justice (DOJ) on Feb. 29, Criminal Defense in China 2016. The meeting was co-chaired by Loretta Lynch, The Politics of Lawyers at Work Attorney General of the United States, and Cecilia Cover image: Sida Liu and Muñoz, director of President Obama’s Domestic Policy Terence C. Halliday Council. The event was attended by cabinet-level representatives from over 20 federal departments,

12 American Bar Foundation • www.americanbarfoundation.org including the Departments of State, Labor, the Treasury, Education, Health and Human Services, Housing and Urban Development, and Homeland Security. The convening at the DOJ was the inaugural meeting of the White House Legal Aid Interagency Roundtable, created by presidential memorandum in September 2015. Professor Sandefur’s appearance coincided with the release of the DOJ’s Civil Legal Aid Research Workshop Report, to which she was a contributing expert. ABF Research Professor John Hagan was featured as a leading expert in the critically acclaimed documentary “13th,” a revealing depiction of the system of mass incarceration and the history of racial inequality in the U.S. “13th” is directed by Ava DuVernay, the first woman of color to direct a film nominated for a Best Picture Oscar. Hagan is the John D. MacArthur Professor of Sociology and Law at Northwestern University and the co-director of the American Bar Foundation’s Center on Law ABF Research Professor John Hagan presenting on mass incarceration at Cornell & Globalization. University. Photo by Cameron Pollack, The Cornell Daily Sun Other ABF faculty accolades include: • ABF Visiting Scholar Robert Vargas received the New Scholar Award from the American scholarship published in 2015 for her book Society of Criminology’s Division on People The Enigma of Diversity: The Language of Race of Color and Crime. and the Limits of Racial Justice. The book was • ABF Faculty Fellow and Law & Social Inquiry based on her dissertation of the same name Editor, Chris Schmidt, was honored with the which she completed during her time as an American Society for Legal History’s (ASLH) ABF Doctoral Fellow. Surrency Prize this fall for his article “Divided • ABF Research Professor was by Law: The Sit-ins and the Role of the Courts awarded the James Madison Medal from Princeton in the Civil Rights Movement.” University, presented to an alumnus or alumna of • The Law & Society Association (LSA) recognized the graduate school “who has led a distinguished three ABF scholars with awards in 2016: career, advanced the cause of graduate education, – ABF Research Professor Shari Diamond or achieved a record of outstanding public (Northwestern University Pritzker School of service.” In February, Heckman received the Law) received the Ronald Pipkin Service Award 2016 Dan David Prize, a top international prize for what the LSA described as her “sustained for outstanding scientific, technological, cultural and extraordinary service to the Association.” or social achievements; he was honored for – ABF Faculty Fellow Sida Liu (University of his contributions to “combatting poverty.” He Toronto) received an Honorable Mention for was also named a distinguished 2016 Fellow of the LSA’s Article Award for “Law’s Social Forms: the American Academy of Political and Social A Powerless Approach to the .” Science. Heckman is a University of Chicago – Former ABF doctoral fellow Ellen Berry Nobel Laureate economist and the Henry Schultz (University of Denver), won the Herbert Jacob Distinguished Service Professor of Economics. Book Award for the best book in law and society

www.americanbarfoundation.org • 2016 Annual Report 13 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 law and 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 Surrogate Decision Making Roles Beyond Lawyers ABF Research Professor Susan Shapiro, using ABF Faculty Fellow Rebecca Sandefur leads the ABF’s unprecedented data from two years of observation in two access to justice research initiative. Her new report, intensive care units at a major urban teaching hospital, Roles Beyond Lawyers: Evaluation of the New York City is examining how surrogate decision makers make Court Navigators Program and Its Three Pilot Projects, medical—often end of life—decisions for patients unable assesses the efficacy of legal navigator programs to to speak for themselves. Thus far, Shapiro’s real-time bridge the access to justice divide for underrepresented observations of medical decision making offer a very individuals in New York City’s civil courts. Roles Beyond different perspective on the effectiveness of advance Lawyers is the first comprehensive evaluation of this medical directives than that suggested in previous program and the first of its kind in American civil research based on retrospective accounts. In particular courts. Her findings show that • Medical advance directives are of limited value • Litigants who received the help of any kind of as few people have them, and those that exist are Navigator were 56 percent more likely than often ignored by decision makers and physicians unassisted litigants to say they were able to tell • Advanced directives are not followed for a variety their side of the story (surveyed responses) of reasons, including • Tenants assisted by a Housing Court Answers – the directive not being in the patient’s chart Navigator were 87 percent more likely than – the directive not accurately reflecting the unassisted tenants to have their defenses recognized patient’s wishes and addressed by the court – the directive being too abstract to provide • In cases assisted by University Settlement meaningful guidance Navigators, zero percent of tenants experienced – the surrogate decision makers not following the eviction from their homes by a marshal. By directive contrast, in recent years, one formal eviction occurs • At present, given the limitations of advance for about every 9 nonpayment cases filed citywide. directives, the best protection for potential patients is to have a family member who is designated to be Sandefur conducted the study with Thomas M. aware of the patient’s wishes and to honor them Clarke from the National Center for State Courts, with funding from the Public Welfare Foundation. Civil Jury at Work ABF Research Professor Shari Seidman Diamond’s research on video-taped jury deliberations in 50 real ABF Faculty Fellow civil trials in the State of Arizona has yielded a wealth Professor of findings including Rebecca • Jurors who are allowed to discuss the case as the Sandefur trial progresses show better accuracy of recall, and report greater comprehension of expert testimony • Questions submitted by jurors during trials reveal that jurors are intensely aware of the adversarial nature of the trial process, and are attempting to check and gather information to clarify competing claims, rather than advocating for one side or another

14 American Bar Foundation • www.americanbarfoundation.org • When jury instructions fail, they do so more because of a lack of clarity in instruction law school was a “good career investment,” on rather than opaque legal language a 1 to 7 scale, with 4 meaning “neither agree nor As a member of the American Bar Association’s disagree,” the mean score was 5.46, indicating a American Jury Project, Professor Diamond helped relatively positive assessment. draft the Principles for Juries and Jury Trials, which Task Force on the were adopted in 2005. Diamond’s research has been incorporated into the evaluation and training programs Financing of Legal Education of the Federal Judicial Center. The American Bar Association’s 2014-15 Task Force on the Financing of Legal Education examined the student Legal Profession/Legal Education costs associated with legal education, specifically After the JD Study educational debt and financial aid and scholarships. The task force’s consultant and reporter, ABF Research The ABF long has been recognized as the leading source Professor Stephen Daniels, has been continuing the of research on the legal profession. Among current work of the task force by analyzing existing data projects is After the JD (AJD), the first national study and collecting additional materials on the changing of legal careers. AJD is following a large national sample dynamics of legal education. The Task Force’s research of lawyers admitted to the bar in 2000 over the first revealed that decade-plus of their careers. AJD is a unique source of • Most law schools are heavily tuition-dependent information on the changing nature of legal careers. for operating revenue. For one-quarter of them, Data collection for Wave III of AJD was completed in over 80% of revenue comes from tuition. early 2013. Data analysis on this rich sample continues, • Accounting for inflation, private school debt and a capstone book project is now underway on the increased by 25% between 2005 and 2013, and findings from the first three waves. Recent findings public school debt increased by 34% include • Between the Fall 2009 through Spring 2015 • Lawyers are moving away from private practice, academic years, new enrollments declined 30% toward business (both as inside counsel and in non- for private law schools and 18% for public schools law positions). In 2003 only 8.4% were working in the business sector; by 2012 that figure jumped After Tenure, Phases I & II to 20%. Meanwhile, the percentage of lawyers The After Tenure study, led by Research Professor working in private practice declined from 68.8% Elizabeth Mertz, in collaboration with colleagues to 44.1% over the same period. Frances Tung, Katharine Barnes, and Wamucii Njogu, • The gender pay gap persists. In 2012, female is the first in-depth examination of the lives of post- respondents working full time earned 80% of the tenure law professors in the United States. Post-tenure pay reported by male respondents. law professors play an important role in the American • The gender gap in attaining partnership persists. legal system by directing the initial screening and In 2012, 52.3% of female respondents working in training of lawyers. Legal academics can also directly law firms were partners, compared with 68.8% of affect the conceptualization of national and local male respondents. Of partners, 65.5% of men were legal issues through their scholarship, or through their equity partners compared with 53% of women. own personal involvement as advocates, judges, or • Overall, 40.8% of respondents said that the government officials. In addition to its contribution economic downturn of 2008-09 had no noticeable to our knowledge of law professors, the study also speaks effect on their careers to a larger body of literature on both the legal profession • 76% of respondents indicated they were and the academy. The study involved a national “moderately” or “extremely” satisfied with their survey of over 1,000 of these professors and follow-up decision to become a lawyer. When asked whether interviews with 100 of the survey participants.

www.americanbarfoundation.org • 2016 Annual Report 15 Research Program

In their analysis of the experiences of these tenured His research has shown that investment in early law professors, Mertz and her colleagues have found that education and healthcare for disadvantaged children • Nearly 39% of U.S. tenured law professors teach from birth to age 5 helps increase the likelihood of in the 50 top-ranked law schools in the country, as healthier lifestyles. Heckman has shown that compared to the remaining three tiers (comprising • Disadvantaged children who receive quality 129 additional schools). Most law professors (60%) early healthcare and education are more likely teach in private institutions. to demonstrate self-control, follow doctors’ • Educational levels of the mothers of professors of instructions and lead healthier lives as adults color and white women tended to be higher than Heckman has also demonstrated that early childhood those of white men education helps • The vast majority of professors reported feeling • Lower the crime rate respected and comfortable in their teaching • Reduce the achievement gap positions, with 96% feeling respected by students • Reduce the need for special education and 98% feeling comfortable in the classroom In late 2016, Heckman released a new • Despite the fact that most tenured law professors co-authored paper, The Life-Cycle Benefits of an expressed overall satisfaction with their work lives, Influential Early Childhood Program, which compared female professors and professors of color reported two pre-kindergarten education programs aimed at differentially negative experiences disadvantaged children and provided the long-term Criminal Justice cost-benefit analysis of investing in these programs over 35 years. The findings from this paper show Parental Incarceration • An annual estimated 13.0% rate of return and an Research is being carried out at the ABF examining associated benefit/cost ratio of 6.3 on the investment the effects of mass incarceration on individuals, families and communities. With funding from the National Law & Diversity Science Foundation, ABF Research Professor John The Future of Latinos Hagan is engaged in a multi-phase research project Inaugural ABF Neukom Chair Rachel F. Moran and examining the social effects of mass incarceration ABF Research Professor Robert Nelson co-direct the and the impact of parental incarceration on children. major research and planning initiative, The Future According to Hagan’s research, approximately 700,000 of Latinos in the United States: Law, Opportunity, and inmates return to their families and communities Mobility. The Future of Latinos is a nation-wide, from prison and half of these former prison inmates interdisciplinary project dedicated to understanding reentering society are parents. and advancing research on A recently concluded phase of the project has • the current condition of Latinos in the United revealed that States, • More than 3 million American children have an • the structural barriers that impede full equality incarcerated parent and integration for this emerging population, • The overall U.S. college graduation rate of 40% • the sites of intervention that promise to be most drops to 1-2% among children of mothers who effective in promoting opportunity and mobility are imprisoned and to about 15% for children of through law and policy imprisoned fathers • Even if their own parents are not imprisoned, Since its launch in 2015, the initiative has when children go to schools where 10-20% of convened leading national policy makers and experts other parents are imprisoned, the college for a series of national roundtable events focused graduation rate drops by half on identifying existing research and resources, understanding social and legal barriers to opportunity, Economics of Human Potential developing reform recommendations that support ABF Research Professor James J. Heckman is engaged in full integration and inclusion, and cultivating a new a multi-year study of the economics of human potential. generation of young Latino leaders.

16 American Bar Foundation • www.americanbarfoundation.org growth of political liberalism among Chinese lawyers, placing the movement within the The Future of Latinos co-directors, Robert L. Nelson and Rachel F. Moran framework of similar movements in Taiwan, Korea, Europe, and the Americas Employment Discrimination • Among the respondents studied, the longer Recent research conducted by ABF Research Professors criminal defense lawyers remain in practice, the Laura Beth Nielsen and Robert L. Nelson, with Ellen more their motivation in pursuing justice and Berrey, considers how race may play a role in plaintiffs’ constraining state power increases ability to find a lawyer. Examining racial patterns of • The political activism of Chinese activist lawyers is lawyer use in employment discrimination cases, the sustained not only by strong ideals, but also by the investigators find that social networks in which they are embedded, e.g., • African Americans are 2.5 times more likely than collegial networks, human rights networks, religious white plaintiffs to file employment discrimination networks, and transnational networks that include cases pro se, or without a lawyer. Other racial foreign journalists, NGOs and foreign governments minorities, including Hispanics and Asians, are 1.9 times more likely to file pro se than their Writing Rights white counterparts. Tom Ginsburg, an ABF Research Professor and Leo • Lack of information about the legal system, lack of Spitz Professor of International Law and professor of trust in lawyers and their motives, and lack of time political science at the University of Chicago, and his and resources to go through the arduous process of colleagues are examining the origins and diffusion of searching for a lawyer are all “bottom up” factors rights in national constitutions from 1789 to present, that contribute to the disparity in representation using new data from the Comparative Constitutions Project. In doing so, they offer a mix of quantitative Law & Globalization and qualitative methodologies on a set of contemporary Criminal Defense in China controversies in history, political science and law. Researchers have identified the constitutions where ABF Research Professor and co-director of the Center various rights are first entrenched, explained why these on Law & Globalization, Terence C. Halliday, and rights were entrenched where they were (and not in ABF Faculty Fellow Sida Liu, spent more than a another constitution written during the same era), and decade researching the work of Chinese criminal then assessed how these innovations in constitutional defense lawyers and their struggle for basic legal rights were propagated around the world. Unlike the rights under an authoritarian state. Their new book, existing literature, which emphasizes international Criminal Defense in China: The Politics of Lawyers at factors, the researchers argue that domestic political Work (Cambridge University Press, 2016) represents factors and country characteristics (e.g., colonial the first comprehensive social science study of the heritage, prior entrenchment patterns, regime-type, everyday work and political mobilization of criminal domestic, etc.) are crucial in understanding the defense lawyers practicing in China. Between 2005 and development and spread of constitutional institutions. 2015, Halliday and Liu collected extensive media data They focus special attention on first constitutions and conducted 329 interviews with Chinese criminal and region as the drivers of adoption. Researchers defense lawyers and rights activists. Among other are currently examining findings, Halliday and Liu identify • The factors that predict the adoption of new rights • Five classifications of lawyers: progressive elites, in the entire corpus of rights, and pragmatic brokers, political activists, routine • The role of international treaties in coordinating practitioners, and notable activists rights provisions in national constitutions • A comparative and historical approach to the

www.americanbarfoundation.org • 2016 Annual Report 17 Research Faculty

Bernadette Atuahene J.D., Yale Law School; M.P.A. Harvard University Joint Appointment: Professor of Law, Chicago-Kent College of Law Research Interests: law and international development, particularly the dispossession and restitution of property rights in the developing world. Research has examined the challenges faced by transitional democracies where past property dispossession is a prominent political and moral issue. Current ABF Project Conceptualizing Property Takings

RESEARCH PROFESSORS Using the concept of a “dignity taking,” linking the unconsented taking of property rights with the deprivation of dignity which Atuahene has explored previously, this research project seeks to further understand the relationship between property and dignity, and extends the earlier analysis to the case of squatting. Among other things, the research will help illuminate why some populations choose to squat instead of pursing alternative accommodations, and how these risky and illegal actions may enhance or degrade their dignity.

Traci Burch Ph.D., Government and Social Policy, Harvard University Joint Appointment: Associate Professor of Political Science, Northwestern University Research Interests: criminal justice policy, political participation, race and ethnic politics Current ABF Project The Effects of Policing on Political Participation and Public Opinion Burch is working on several papers that concern the effects of policing on political participation and public opinion. Two papers will use survey data from a collaborative survey of Americans fielded after the 2016 election to look at how policing and criminal justice contact shapes political participation and public opinion about police. Another paper will collect nationwide data on police killings and other geographic information to see the relationship between police killings and protest incidents. A final paper examines how aggressive policing practices shape neighborhood political participation.

Stephen Daniels Ph.D., Political Science, University of Wisconsin Research Interests: law and public policy, legal education, the legal profession, and the American civil justice system. Research has addressed innovation in legal education, the delivery of legal services, civil juries, trial courts, plaintiffs’ lawyers, medical malpractice, punitive damages, and the politics of civil justice reform. Current ABF Projects Legal Education: Challenges, Changes, and Rhetoric— an Empirical Exploration (in part with David Thomson) This project will follow up on and expand the work of the 2014-15 ABA Task Force on the Financing of Legal Education (Daniels served as the reporter and consultant for the Task Force). It does so by fully analyzing the data collected as a part of the Task Force’s work in combination with additional relevant data and materials relevant to the challenges facing legal education.

18 American Bar Foundation • www.americanbarfoundation.org Research Professors

Licensed Legal Professionals and the Justice Gap (with James Bowers) Using nurse practitioners as a reference point this project his two main goals: to explore the role such professionals can play in providing access to justice, and to examine the current and past debates over such professionals.

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, Pritzker 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, and how courts use and fail to make use of scientific evidence. Current ABF Projects Building on the Arizona Filming Project (with Mary R. Rose and Beth Murphy) Using a unique opportunity to study 50 real civil jury deliberations, this project tests a variety of claims about how juries function. The picture that emerges from the close quantitative and qualitative study of these deliberations reveals a complex process of reasoning and decision making not fully captured in laboratory and archival work. Science and the Legal System (with Richard O. Lempert) Science and law increasingly interact, but the quality of scientific expertise in the legal system is often in doubt. The first phase of this project surveys elite scientific and engineering experts, exploring their attitudes toward the legal system, reasons why they accept or refuse to participate as experts in legal proceedings, their experience when they do participate, and how procedures might be changed to facilitate greater participation.

Laura F. Edwards Ph.D., History, University of North Carolina at Chapel Hill; 2016-17 William H. Neukom Fellows Research Chair in Diversity and Law Joint Appointment: Peabody Family Professor of History in Trinity College of Arts and Sciences, Duke University Research Interests: race, gender, and the law in the nineteenth-century Current ABF Project Only the Clothes on Her Back This project shifts the analytical frame from property the minority owned to property the majority possessed, a shift that changes our understandings of Americans’ relationship to the law and the development of the state. Exploring the relationship between the textile trade in the nineteenth century and institutions of law and governance, Edwards reveals the ways that subordinated groups engaged in trade, used the legal system, and ultimately shaped the nation’s governing institutions. As such, the project provides a new framework for understanding the development of inequality in the United States.

www.americanbarfoundation.org • 2016 Annual Report 19 Research Faculty

Tom Ginsburg Ph.D., Jurisprudence and Social Policy, University of California, Berkeley; J.D., Boalt Hall School of Law University of California, Berkeley Joint Appointment: Leo Spitz Professor of Law and Professor of Political Science, University of Chicago Research Interests: the drafting, design, and implementation of national constitutions; international law and comparative public law; the role of law in rebel regimes and law relevant to armed conflict. Current ABF Project

RESEARCH PROFESSORS Writing Rights: Constitutional Design for Territorially Divided Societies: The Future of the Middle East This project examines the origins and diffusion of rights in national constitutions from 1789 to present, using new data from the Comparative Constitutions Project. Unlike the existing literature, which emphasizes international factors, we argue that domestic political factors and country characteristics (e.g., colonial heritage, prior entrenchment patterns, regime-type, domestic, etc.) are crucial in understanding the development and spread of constitutional rights institutions.

John Hagan Ph.D., Sociology, University of Alberta Joint Appointment: John D. MacArthur Professor of Sociology and Law, Northwestern University Research Interests: the intersections of international criminal law, war crimes, war resistance, mass incarceration, lawyers, and domestic criminality Current ABF Project Adolescent and Adult Lives of Children of Parents Returning from Prison (with Holly Foster) In the United States, approximately 700,000 inmates return to their families and communities from prison. Half of these former prison inmates re-entering society are parents. This project is analyzing the impact of the return of these parents on their children.

Terence Halliday Ph.D., Sociology, University of Chicago Joint Appointment: Adjunct Professor of Sociology, Northwestern University Honorary Professor, School of Regulation, Justice and Diplomacy, Australian National University, and Fellow, College of Asia and the Pacific, Australian National University Research Interests: research on law and markets focuses on international trade law, with special reference to the ways in which international organizations create global norms in such diverse areas as corporate bankruptcy law, maritime law, secured transactions, anti-money laundering and combating the financing of terrorism. Research on globalization and politics analyzes degrees of activism by the legal complex (e.g., lawyers, judges, prosecutors, law faculty) to the protection of basic legal freedoms and advance of political liberalism worldwide.

20 American Bar Foundation • www.americanbarfoundation.org Research Professors

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. The principal findings of the research were published in Halliday and Liu’s book, Criminal Defense in China: The Politics of Lawyers at Work (Cambridge University Press, 2016).

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 flourishing, or the circumstances under which people are able to develop the skills to thrive in our current economy. These encompass the conventional, cognitive sense of the word (education, on-the-job training) as well as the non-cognitive sense (such as the qualities of perseverance and accountability). Developing theoretical models of parental choice and child preference formation, as well as intergenerational models of family influence. Current ABF Project Analyzing the Influential Early Childhood Policies that are Proven to Promote Human Flourishing: Understanding Which Strategies Work (Including a Cost-Benefit Analysis) and Why A large and flourishing literature documents the effectiveness of early childhood interventions on a variety of outcomes, including crime, education, teenage pregnancy, earnings, health and mental health. This research is strengthening the evidence and interpreting it more finely with an eye toward guiding the design of effective policy and determining which programs work.

Carol A. Heimer Ph.D., Sociology, University of Chicago Joint Appointment: Professor of Sociology, Northwestern University Research Interests: law, regulation and governance, particularly in healthcare; legal pluralism and non-state law; law and globalization. Research has focused on the relationship between law and other systems of rules and norms; the diffusion of more legalistic forms of governance to healthcare (HIV clinics, infant intensive care units); and the diffusion and adaptation of rules as they flow across boundaries Current ABF Projects The Legal Transformation of Medicine: How Rules Work in the International World of HIV/AIDS This book project braids together investigations of three transformative events—the “legalization” and globalization of medicine and the advent of HIV/AIDS—in a study of how , regulations and other rules are actually used in HIV research and treatment in the United States, Uganda,

www.americanbarfoundation.org • 2016 Annual Report 21 Research Faculty

South Africa, and Thailand. It investigates what happens when laws, regulations, and guidelines are transported to new sites where they confront the realities of medical care, clinical research, and healthcare administration in developing countries—resource shortages, desperate patients, culturally- based miscommunications about ethical principles, discrepancies between first-world research designs and third-world research settings, as well as the mundane uncertainties typical of the encounter between medicine and human biology. Punctuated Globalization: Law, Institutionalization, and Globalization in Medicine and Health Care On hold in 2016 The core hypothesis of this project is that the pattern of unevenness in globalization—here termed

RESEARCH PROFESSORS “punctuated globalization”—in part reflects the cyclical processes of legal change, followed by adjustment to new legal regimes, in turn followed by further legal adjustments. This project will use the case of medicine and health care, decomposed into a series of domains to provide adequate variability, to investigate the role law plays in encouraging or discouraging processes of globalization.

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.

Steven D. Levitt (on leave) 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 ingestion of crack per se, or rather to the prohibition of crack and the accompanying enforcement of the law.

22 American Bar Foundation • www.americanbarfoundation.org Research Professors

Ajay K. Mehrotra ABF Director and Research Professor; Ph.D., History, University of Chicago; J.D., Georgetown University Law Center Joint Appointment: Professor of Law, Northwestern University, Pritzker School of Law Research Interests: tax law; legal history; the relationship between taxation and American state formation in historical and comparative contexts.

Elizabeth Mertz Ph.D., Anthropology, Duke University; J.D., Northwestern University, Pritzker School of Law Joint Appointment: John and Rylla Bosshard Professor Emerita, University of Wisconsin Law School; Visiting Scholar, School of Social Science, Institute for Advanced Study, Princeton University Research Interests: the language of law; legal education; social science and law Current ABF Projects Senior Status in the Legal Academy 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 national survey using 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 Language 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, on-line 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. New Legal Realism: 10th Anniversary Conference (with the University of California-Irvine Law School) The New Legal Realism, a project that has attracted national and international attention, had important roots in the ABF’s signature interdisciplinary approach to studying law. With three new volumes emerging in 2016, the NLR movement continues to push for high-quality translations of social science for law.

www.americanbarfoundation.org • 2016 Annual Report 23 Research Faculty

Rachel F. Moran J.D., Yale Law School; Inaugural 2015-16 William H. Neukom Fellows Research Chair in Diversity and Law Joint Appointment: Michael J. Connell Distinguished Professor of Law and Dean Emerita, UCLA School of Law Research Interests: educational access and equity; Latino-related law and policy Current ABF Project The Future of Latinos in the United States: Law, Opportunity, and Mobility

RESEARCH PROFESSORS (with Robert L. Nelson) By the year 2050, Latinos are projected to account for nearly one in three Americans. Yet, they lag behind on key indicators of educational attainment, economic security, and political participation, and they face significant uncertainties with respect to immigration policy. Building on a record of path-breaking research on both inequality and diversity, the ABF has launched a project on “The Future of Latinos in the United States: Law, Opportunity, and Mobility.” The project is hosting a series of regional roundtables to address the critical law and policy challenges facing the Latino community. The roundtables are designed to facilitate creative exchange among academic researchers from a range of disciplines, advocates from community organizations, media representatives, foundation officials, and emerging leaders. In addition, the project is bringing together key stakeholders from law school clinics, law firm pro bono programs, public interest firms, and foundations to seek solutions to the growing access to justice gap in the Latino community.

Janice Nadler Ph.D., Social Psychology, University of Illinois; J.D. Boalt Hall School of Law, University of California, Berkeley Joint Appointment: Stanford Clinton Research Professor of Law, Northwestern University, Pritzker School of Law Research Interests: social psychology and law, focusing on the expressive effects of law and legal authority focuses in three main areas: 1) how moral judgments and legal judgments interact and influence one another; 2) the focal point theory of expressive law; and 3) Fourth Amendment jurisprudence regarding notions of voluntariness and consent. Current ABF Projects Moral Judgment and the Psychology of Legal Blame This project proposes to empirically investigate three factors that are hypothesized to influence psychological blame: the actor’s motive, the actor’s character, and the victim’s character. A central aim of the project is to inform criminal law theory about the factors that motivate the reasoning of ordinary people when they make judgments about blame and punishment. The Probative Versus Prejudicial Effect of Gruesome Photographs in Court Courtroom images can influence beliefs, emotions, and judgments in ways that have never been empirically examined. This project will investigate how these emotionally evocative modes of visual evidence can affect the psychology of jurors’ decision making processes, through influence on emotions, attention to evidence, and legal judgments at the individual and group level.

24 American Bar Foundation • www.americanbarfoundation.org Research Professors

Robert L. Nelson ABF Director Emeritus MacCrate Research Chair in the Legal Profession; Ph.D., Sociology, Northwestern University; J.D., Northwestern University, Pritzker School of Law Research Interests: the sociology of law, with special emphasis on anti-discrimination law and the social organization of the legal profession Current ABF Projects Employment Civil Rights Litigation (with Laura Beth Nielsen and Ellen Berrey) Please refer to Laura Beth Nielsen’s entry for project description After the JD (with Ronit Dinovitzer, Bryant Garth, John Hagan, Ethan Michelsen, Gabriele Plickert, Rebecca Sandefur, Joyce Sterling, David Wilkins) A longitudinal study of a national sample of lawyers who passed the bar in 2000, who have been interviewed in 2003, 2007, and 2012, complemented by in-depth interviews with a subsample of survey respondents. Future of Latinos: Law, Mobility, and Opportunity Please refer to Rachel F. Moran’s entry for project description.

Laura Beth Nielsen 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 Project Employment Discrimination Litigation (with Robert L. Nelson and Ellen Berrey) A quantitative analysis of a large random sample of federal civil rights cases, complemented by in-depth interviews with parties and lawyers in random subsample of cases.

Jothie Rajah Ph.D., University of Melbourne; LL.B., National University of Singapore Research Interests: the intersections of law, language and power in the following areas: law, legitimacy and authoritarianism; international organizations and the global public sphere in constructions of norms for the rule of law; and the relationship between law, religion and national identity. Current ABF Project Rule of Law Discourses This study analyzes the different ways in which global institutional actors (the UN, the World Bank, the International Commission of Jurists, the World Justice Project) define “rule of law” through a close reading of texts and practice of these institutions in order to investigate global norms for the rule of law. By focusing on the normative content of global texts and practices, the study seeks to uncover the history and politics of global discourse on the rule of law.

www.americanbarfoundation.org • 2016 Annual Report 25 Research Faculty

Justin Richland Ph.D., Anthropology, University of California, Los Angeles; J.D., University of California, Berkeley Joint Appointment: Associate Professor of Anthropology, University of Chicago Research Interests: legal discourse analysis and semiotics; anthropology of law; contemporary Native American law, politics, art and ethnographic museology Current ABF Project Open Fields This project explores whether changes in Federal laws regarding Native American cultural property

RESEARCH PROFESSORS and human remains (especially Native American Graves Repatriation and Protection Act) are impacting how Tribal Nations in the US are engaging with non-native institutions and agencies that control those materials. This includes not only Federal agencies like the US Forest Service and the Bureau of Land Management, but also federally funded private institutions like the Field Museum of Natural History and the American Museum of Natural History. This is part of a larger project that explores the details of negotiations between native and non-native officials in government and related institutions, and how a close analysis of these engagements shed light on the regulatory practices of Notice and Comment that make up the regular site of government-to-government engagement between the US and Tribes today.

Susan P. Shapiro Ph.D., Sociology Yale University Research Interests: the social construction, social organization, and social control of fiduciary, trust, and principal-agency relationships. Research has examined white-collar crime, ethics, conflict of interest, the professions, the news media, and medical decision making. Current ABF Project Surrogate Decision Making at the End of Life: An Observational Study This observational study of two intensive care units investigates how surrogate decision makers make medical decisions on behalf patients who lack capacity to make their own medical decisions or to speak for themselves. It also examines the role of law at the bedside in general and that of advance directives in particular.

Victoria Saker Woeste Ph.D., Jurisprudence and Social Policy, University of California, Berkeley Research Interests: historical change in American law, specifically the broad nature of government- business relations and the civil rights movement; the institutional and regulatory dimensions of agriculture and agribusiness and the dodgy, indeterminate character of hate speech regulation as it intersects with the free exercise of religion. Current ABF Project Reconstituting Civic Community: The American State, Hate Speech, and the Westboro Baptist Church, 1945-1990 This project is proceeding in two phases: a media and cultural analysis of the Westboro Baptist Church that compares the WBC to other historical and present-day hate groups; and a study of the civil rights law practice of the WBC’s founder, the Rev. Fred W. Phelps that explores the contradictions and continuities between the civil rights movement and religiously-backed hate speech.

26 American Bar Foundation • www.americanbarfoundation.org Research Professors Affiliated Research Professors

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.

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;

AFFILIATED RESEARCH PROFESSORS AFFILIATED Director Emeritus, American Bar Foundation Research Interests: the legal profession, dispute resolution, and internationalization, the topics intersect around the question of how internationalization—seen as the import and export of ideas, technologies, approaches, resources, and hierarchies—affects the position and importance of law in regulating the economy and the state; the changing role of the legal profession in the United States; the globalization of legal education. Current ABF Project After the J.D. (with Ronit Dinovitzer, Gabrielle 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.

Dylan C. Penningroth Ph.D., History, Johns Hopkins University Professor of History, University of California, Berkeley Research Interests: African-American history, comparative 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.

www.americanbarfoundation.org • 2016 Annual Report 27 Research Faculty

Robert J. Sampson Ph.D., State University of New York at Albany Henry Ford II Professor of the Social Sciences at Harvard University Research Interests: crime, disorder, the life course, neighborhood effects, civic engagement, inequality, “ecometrics,” and the social structure of the city.

Christopher L. Tomlins Ph.D., American History, Johns Hopkins University Professor of Law, University of California, Berkeley; Affiliated Research Professor, American Bar Foundation AFFILIATED RESEARCH PROFESSORS AFFILIATED Research Interests: Anglo-American legal history, from the beginning of the sixteenth century into the later twentieth century. Currently engaged in research on the Southhampton (Virginia) slave revolt of 1831, known as the Turner Rebellion. Additional work includes research on the history of contemporary legal thought, on the philosophy of legal history, and on the materialist jurisprudence detectable in the work of the German literary critic Walter Benjamin.

Ronit Dinovitzer Ph.D., Sociology University of Toronto Joint Appointment: Associate Professor of Sociology, University of Toronto Research Interests: the sociology of law, with a particular interest in the legal profession, focusing on the sources of inequality within the profession and the mechanisms that produce and reproduce them. Combining analyses of the professions with research in social policy, including the social organization of lawyers, the role of labor markets, and the effects of culture on professional work. Recent work has examined the gender gap in lawyer incomes, the distribution of lawyer satisfaction, and the FACULTY FELLOWS FACULTY career trajectories of urban law school graduates. Current ABF Project After the JD (with Bryant Garth, Robert Nelson, Gabriele Plickert, and Joyce Sterling) Please refer to Robert Nelson’s entry for project description.

28 American Bar Foundation • www.americanbarfoundation.org Affiliated Research Professors Faculty Fellows

Sida Liu Ph.D., Sociology University of Chicago Joint Appointments: Assistant Professor of Sociology and Law, University of Toronto; Research Fellow, Shanghai Jiao Tong University KoGuan Law School Research Interests: sociology of law, legal profession, globalization, socio-legal theory, china Current ABF Project FACULTY FELLOWS FACULTY The Rise of Lawyer Activism 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: inequality, particularly as it relates to law. Scholarship includes investigations of work and inequality in the legal profession and other professional occupations, lawyers; pro bono service and its contributions to legal aid, and studies of ordinary people’s experiences with common problems that could bring them into contact with the civil justice system. Current ABF Projects Assessing Justice in the Contemporary USA: Community Needs and Services Study The CNSS is a multi-method study investigating the American public’s experience 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 (Access to Justice) 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. After the JD Please refer to Robert Nelson’s entry for project description.

www.americanbarfoundation.org • 2016 Annual Report 29 Research Faculty

Christopher W. Schmidt Ph.D., History of American Civilization, Harvard University; J.D., 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

FACULTY FELLOWS FACULTY constitutionalism of the civil rights movement; and the libertarian constitutionalism that has gained traction with the rise of populist conservatism in recent decades. Current ABF Projects The Sit-Ins: Protest, Law, and Social Change This book project is a legal history of the lunch counter sit-in movement of the 1960s. It tells the story of how the student lunch counter sit-in demonstrations that swept across the South in 1960 sparked a national debate over the meaning of the Constitution’s requirement that all Americans receive the equal protection of the law. Civil Rights: An American History This book project offers a history of how Americans have struggled over the meaning of the term civil rights from the Civil War through today. The work offers an explanation of a label initially conceived in the aftermath of the Civil War as a narrow term of legal categorization, valued as much for what it excluded as for what it protected, became a rallying cry for a social movement in the middle decades of the twentieth century.

Pilar Margarita Hernández Escontrías Ph.D., Anthropology, Northwestern University Research Interests: anthropology of law, colonialism, critical race theory, Latin American social theory, citizenship, capitalism. Research is situated at the intersection of material studies and legal studies and seeks to unpack the daily material processes that constructed a form of emergent citizenship in early colonial Latin América which was raced and gendered. Current ABF Project The Future of Latinos in the United States: Law, Opportunity, and Mobility Please refer to Rachel F. Moran’s entry for project description.

Elizabeth L. Murphy RESEARCH SOCIAL SCIENTISTS M.A., Sociology, University of Illinois, Chicago Research Interests: jury decision making; ways to assist courts in optimizing jury trials. Current ABF Project Building on the Arizona Filming Project (with Shari Seidman Diamond and Mary R. Rose) Please refer to Shari Seidman Diamond’s entry for project description.

30 American Bar Foundation • www.americanbarfoundation.org Selected Publications

Bernadette Atuahene Stephen Daniels • “Dignity Takings and Dignity Restoration: Creating a New • “Where Have All the Cases Gone? The Strange Success Theoretical Framework for Understanding Involuntary of Tort Reform Revisited” (with J. Martin), 65 Emory Law Property Loss and the Remedies Required,” 41 Law & Social Journal 1445 (2016) Inquiry 796 (2016) • “Takings as a Sociolegal Concept: An Interdisciplinary Shari Seidman Diamond Examination of Involuntary Property Loss 12 Annual Review • “Cage v. Louisiana and Reasonable Doubt,” in D. Bakrokar, of Law & Social Science 171 (2016) ed., Common Law Decisions on Trial by Jury: Judgments • “Stategraft” (with T. Hodge) (forthcoming 2016) and Scholarly Reactions (in press, 2016) • “Race and Jury Selection: The Pernicious Effects of Ellen Berrey Backstrikes” (with J. Kaiser), 59 Howard Law Journal 705 • The Enigma of Diversity: The Language of Race and the Limits (2016) of Racial Justice (University of Chicago Press, 2015) • Editor (with A. Harfuch), Las Múltiples Dimensiones del Juicio por Jurado: Studios Sobre el Comportamiento del Jurado (The Traci Burch Many Dimensions of trial by Jury: Studies of Jury Behavior) • “Organizations and the Democratic Representation of (Ad Hoc Publishers, 2016) Interests: What Happens When Those Organizations Have • “Increasing Jury Representativeness” (with Hon. W. No Members?” (with H. E. Brady, P. Edward Jones, K. Lehman Caprathe, P. Hannaford-Agor & S. Loquvam), 55 Judges’ Schlozman, S. Verba & H. Young You) 13 Perspectives on Journal 16 (2016) Politics 1017 (2015) • “The Cases for and Against Blindfolding the Jury,” in C.T. • “Political Equality and the Criminal Justice System,” in C. Robertson & A.S. Kesselheim, eds., Blinding as a Solution to Klofstad, ed., New Advances in the Study of Civic Voluntarism: Bias: Strengthening Biomedical Science, Forensic Science, and Resources, Engagement, and Recruitment (Temple University Law (Academic Press, 2016) Press, 2016) • “The Decisionmaking Process of the Jury” (“El Proceso de • “Review of The First Civil Right by Naomi Murakawa,” The Toma del Decisión del Jurado”) (with M. Rose & B. Murphy), Forum (2016) in G. Letner & L. Pineyro, eds., Ii Congreso Internacional de John L. Comaroff Juricio Por Jurados (2015) • Chinese edition of Rules and Processes: The Cultural Logic of Ronit Dinovitzer Dispute in an African Context (with S.A. Roberts) (University • Editor (with S. Headworth, R. Nelson, & D. Wilkins), of Chicago Press, 1981) (Shanghai Jiao Tong University Press, Diversity in Practice (Cambridge University Press, 2016) 2016) • “Early Legal Careers in Comparative Context: Evidence • The Truth About Crime: Sovereignty, Knowledge, Social Order from Canada and the United States” (with M. Dawe), 23 (with J. Comaroff) (University of Chicago Press, 2016) International Journal of the Legal Profession 83 (2016) • Editor (with J. Comaroff), Chiefship, the Customary and • ​“The Changing Landscape of Corporate Legal Practice: An Capital in Contemporary Africa (University of Chicago Press, Empirical Study of Lawyers in Large Corporate Law Firms” forthcoming) (with H. Gunz & S. Gunz), 93 Canadian Bar Review 343 (2015) • “‘Anthropologists are Talking’: About Anthropology • “Immigrant Offspring in the Legal Profession: Exploring the and Post-Apartheid South Africa” (with J. Comaroff), in Effects of Immigrant Status on Earnings among American S. Bangstad & T. Hylland Eriksen, eds., Anthropology in Our lawyers” (with M. Dawe), in R. Dinovitzer, S. Headworth, R. Times (Palgrave MacMillan, 2016) Nelson & D. Wilkins, eds., Diversity in Practice (Cambridge • “La détection divine: le crime et la métaphysique du désorde,” University Press, 2016) 13 Cahiers D’Anthrologie Sociale 94 (2016) • “Nations With/out Borders: Neoliberalism and the Problem Bryant G. Garth of Belonging in Africa, and Beyond” (with J. Comaroff), in • “‘Lords of the Dance’ as Double Agents: Elite Actors In S. Randeria, ed., Border Crossings: Grenzverschiebungen und and Around the Legal Field” (with Y. Dezalay), 3 Journal Grenzüberschreitungen in einer globalisierten Welt (Zürcher of Professions and Organizations 188 (2016) Hochschulforum, 2016) • “Brazil and the Field of Socio-Legal Studies: Globalization, • “Cattle, Currencies, and the Politics of Commensuration on a the Hegemony of the US, the Place of Law, and Elite Colonial Frontier” (with J. Comaroff), in W. Adebanwi, ed., Reproduction,” 3 Revista de Estudos Empíricos em Direito/ Beyond the Margins: The Political Economy of Everyday Life in Brazilian Journal of Empirical Legal Studies 12 (2016) Africa (James Currey, forthcoming) • “Constructing a Transatlantic Marketplace of Disputes on • “Colonialism,” (with J. Comaroff) in A. Masquelier & G. the Symbolic Foundations of International Justice” (with Desai, eds., Critical Terms for the Study of Africa (University Y. Dezalay), in G. Mallard & J. Sgard, eds., Contractual of Chicago Press, forthcoming) Knowledge: One Hundred Years of Legal Experimentation in Global Markets (Cambridge University Press, 2016)

www.americanbarfoundation.org • 2016 Annual Report 31 Selected Publications

• “Some Realism About Realism in Teaching About the Legal John Hagan Profession” (with A. Southworth & C. Fisk), in S. Macaulay, • “The Theory of Legal Cynicism and Sunni Insurgent Violence E. Mertz, & T. Mitchell, eds., The New Legal Realism, Vol. in Post-Invasion Iraq” (with J. Kaiser & A. Hanson), 81 1: Translating Law-and-Society for Today’s Legal Practice American Sociological Review 316 (2016) (Cambridge University Press, 2016) • “Mass Incarceration, Parental Imprisonment, and the Great • “Introduction: New Legal Realism at Ten Years and Beyond” Recession: Intergenerational Sources of Severe Deprivation (with E. Mertz), University of California-Irvine Law Review in America” (with H. Foster), 1 Russell Sage Foundation (forthcoming) Journal of the Social Sciences 80 (2015) • “Corporate Lawyers in Emerging Markets,” 12 Annual Review • “International Courts in Atypical Political Environments: of Law and Social Science 441 (2016) The Interplay of Prosecutorial Strategy, Evidence, and Court • “The Florence Access-to-Justice Project in Law and in Authority in International Law” (with R. Levi & S. Dezalay), Context: Mauro Cappelletti as Importer, Exporter, and 79 Law & Contemporary Problems 289 (2016) Academic Entrepreneur,” Annuario di diritto comparato • “Maternal and Paternal Imprisonment and Children’s Social (forthcoming) Exclusion in Adulthood” (with Holly Foster), 105 Journal of • “‘Legal Theory,’ Strategies of Learned Production, and the Criminal Law and Criminology 387 (2016) Relatively Weak Autonomy of the Subfield of Learned • “The Militarization of Mass Incarceration and Torture During Law” (with Y. Dezalay), in J. Desautels-Stein & C. Tomlins, the Sunni Insurgency and American Occupation of Iraq” eds., Cambridge Companion to Contemporary Legal Thought (with A. Hanson), 5 Social Sciences 78 (2016) (Cambridge University Press, forthcoming 2016) • “Pursuit of Justice and the Victims of War in Bosnia and • “Reflexive Sociology and International Political Economy” Herzegovina: An Exploratory Study” (with S. Kutnjak (with Y. Dezalay), in P. Bilgin, X. Guillaume & M. Salter, Ivkovich), 65 Crime, Law and Social Change 1 (2016) eds., Handbook of International Political Sociology (Routledge, • “Depressive Symptoms and the Salience of Job Satisfaction 2017) over the Life Course of Professionals” (with G. Plickert and • “Lawyers in South and East Asia” (with Y. Dezalay), in F. Kay), 31 Advances in Life Course Research 22 (forthcoming C. Antons, ed., Routledge Handbook of Asian Law Chapter 7 2017) (Routledge, forthcoming 2016) • “International Criminal Tribunals: Prosecutorial Strategies Tom Ginsburg in Atypical Political Environments” (with R. Levi & S. • Editor (with Aziz Huq), Assessing Constitutional Performance Dezalay), in K. Alter, L. Helfer & M. Rask Madsen, eds., (Cambridge University Press, 2016) International Court Authority (Oxford University Press, forthcoming) • “The Interaction of Domestic and International Law,” in E. Kontorovich & F. Parisi, eds., Economic Analysis of • “White Collar Crimes of the Financial Crisis” (with S. International Law (Edward Elgar, 2016) Headworth), in S. Van Slyke, M. Benson & F. Cullen, eds., Oxford Handbook of White Collar Crime (Oxford University • “Special Economic Zones: A Constitutional Political Press, 2016) Economy Perspective,” in J. Basedow & T. Kono, eds., Special Economic Zones: Experiments in Local Deregulation (Mohr • “A Separate Peace: Explaining War, Crime, Violence Siebeck, 2016) and Security During the Surge in Iraq,” in F. Neubacher & N. Bogelein, eds., Krise-Kriminalitat-Kriminologie (Verlag, • “How to Study Constitution-Making: Hirschl, Elster and the 2016) Seventh Inning Problem,” 96 Boston U.L. Review 1347 (2016) • “On the Influence of Magna Carta and Other Cultural Relics” Terence Halliday (with Z. Elkins & J. Melton), 47 International Review of Law • Criminal Defense in China: The Politics of Lawyers Work and Economics 3 (2016) (with S. Liu) (Cambridge University Press, 2016) • “The Assault on Postcommunist Courts” (with B. Bugaric), • Global Legislators: How International Organizations Make 27 Journal of Democracy 69 (2016) Trade Law for The World (with S. Block-Lieb) (Cambridge • “Measuring the Rule of Law: A Comparison of Indicators” University Press, forthcoming 2017) (with M. Versteeg), Law & Social Inquiry (forthcoming 2017) • “Less Is More in International Private Law” (with S. Block- • “Setting an Agenda for the Socio-Legal Study of Lieb), Festschrift in Honour of Professor Ian Fletcher QC (2015) Contemporary Buddhism” (with B. Schonthal), 3 Asian • “Time and Temporality in Global Governance and Journal of Law and Society 16 Lawmaking,” in Global Regulation and Governance (Australian Nicole Gonzalez Van Cleve National University Press, forthcoming) • “Contracts and Private Law in the Emerging Ecology of • Crook County: Racism and Injustice in America’s Largest International Lawmaking” (with S. Block-Lieb), in G. Criminal Court (Stanford University Press, 2016) Mallard & J. Sgard, eds., Contractual Knowledge: A Hundred Years of Legal Experimentation in Global Markets (Cambridge University Press, 2016)

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

James J. Heckman • “Between Nuremberg and Jerusalem: Hannah Arendt’s Tikkun Olam” (with A. Azoulay), • “Creating Flourishing Lives: The Formation of Capabilities 27 differences 48 (2016) and Skills” (with C. Chase), Amartya Sen Lecture, 17 Journal of Human Development and Capabilities 342 (2016) • “What Kind of Thing is Land? Hannah Arendt’s Object Relations, or: A Jewish Reading of Arendt’s most ‘Greek’ • “Decomposing Trends in Inequality in Earnings into Text,’” 44 Political Theory 307 (2016) Forecastable and Uncertain Components” (with F. Cunha), 34 Journal of Labor Economics S31 (2016) Steven D. Levitt • “Dynamic Treatment Effects,” (with J.E. Humphries & • Pensez comme un freak ! : l’économie dejantee fait travailler vos G. Veramendi), 191 Journal of Econometrics, 276 (2016) meninges (with S. Dubner), (De Boeck Superieur, 2016) • “The Scandinavian Fantasy: The Sources of Intergenerational • “Engaging Parents in Parent Engagement Programs” (with Mobility in Denmark and the US” (with R. Landersø), 118 J. List, R. Metcalfe & S. Sadoff), Society for Research on Scandinavian Journal of Economics, 794 (2016) Educational Effectiveness (2016) • “Intergenerational Long Term Effects of Preschool: Structural • “Bagels and donuts for sale: A case study in profit Estimates from a Discrete Dynamic Programming Model” maximization,” 70 Research in Economics 518 (2016) (with L. Raut), 191 Journal of Econometrics, 164 (2016) • “A Glimpse into the World of High Capacity Givers: • “The Effects of Two Influential Early Childhood Interventions Experimental Evidence from a University Capital Campaign” on Health and Healthy Behaviors” (with G. Conti & (with T. Levin & J. List), 22099 National Bureau of Economic R. Pinto), 126 Economic Journal F28 (2016) Research (working paper series) (2016) • “Early Education Programs and Skill Development in the • “The Effect of Performance-Based Incentives on Educational US” (S. Elango, J.L. García & A. Hojman), in R. Moffitt, Achievement: Evidence from a Randomized Experiment” ed., Means-tested Transfer Programs in the United States II (with J. List & S. Sadoff), 22107 National Bureau of (University of Chicago Press, forthcoming) Economic Research (working paper series) (2016) • “Symposium on Child Development and Parental Investment: • “Quantity discounts on a virtual good: The results of a Introduction” (with M. Francesconi), 126 Economic Journal, massive pricing experiment at King Digital Entertainment,” Special Issue on Child Development and Parental Investment F1 (with J. List, S. Neckermann, & David Nelson), 113 (forthcoming) Proceedings of the National Academy of Sciences 27 (2016) • “Returns to Education: The Causal Effects of Education • “Heads Or Tails: The Impact of a Coin Toss on Major Life on Earnings, Health and Smoking” (with J.E. Humphries & Decisions and Subsequent Happiness,” 22487 National G. Veramendi), Journal of Political Economy (forthcoming) Bureau of Economic Research (working paper series) (2016) • “Inequality in Human Capital and Endogenous Credit • “Using Big Data to Estimate Consumer Surplus: The Case Constraints” (with R. Hai), Review of Economic Dynamics of Uber” (with P. Cohen, R. Hahn, J. Hall, & R. Metcalfe), (forthcoming) 22627 National Bureau of Economic Research (working paper • “Unordered Monotonicity” (with R. Pinto), Econometrica series) (2016) (forthcoming) Sida Liu Carol A. Heimer • Criminal Defense in China: The Politics of Lawyers Work (with • “Colonizing the Clinic: The Adventures of Law in HIV T. Halliday) (Cambridge University Press, 2016) Treatment and Research” (with J.N. Morse), in H. Klug • “The Ecology of Organizational Growth: Chinese Law Firms & S. Merry, eds., Studying Law Globally: New Legal Realist in the Age of Globalization” (with H. Wu), 122 American Perspectives (Cambridge University Press, 2016) Journal of Sociology 798 (2016) John P. Heinz • “Mapping the Ecology of China’s Corporate Legal Sector: Globalization and Its Impact on Lawyers and Society” (with • Editor (with A. Heinz), Women, Work, and Worship, in D. Trubek & D. Wilkins), 3 Asian Journal of Law and Society Lincoln’s Country—The Dumville Family Letters (University 273 (2016) of Illinois Press, 2016) • “Field and Ecology” (with M. Emirbayer), 34 Sociological Bonnie Honig Theory 62 (2016) • “The Politics of Public Things” ΠAPOIKEΩ (Paroikeo), Ajay K. Mehrotra issue II (in tandem with Πλάνητες (planites) exhibition) (forthcoming 2018) • “Fiscal Forearms: Taxation as the Lifeblood of the Modern Liberal State,” in K. Morgan & A. Orloff, eds., The Many • “Legal Unconsciousness: Tragedy and Melodrama in the Wake Hands of the State: Theorizing the Complexities of Political of Terror,” in W. MacNeil, ed., Envisioning Legality: Law, Authority and Social Control (Cambridge University Press, Culture and Representation (Routledge, forthcoming 2017) forthcoming 2017) • “Judith Butler’s Jewish Modernity” (with J. Ackerman), in I. Zyrtel, ed., Makers of Jewish Modernity (Princeton, 2016)

www.americanbarfoundation.org • 2016 Annual Report 33 Selected Publications

• “Corporate Taxation and the Regulation of Early Twentieth- • “Race-Conscious Admissions Policies Face More Tests after Century American Business” (with S. Bank), in N. ‘Fisher’” (with M. Yudof), 62 Chronicle of Higher Education Lamoreaux & W. Novak, eds., Corporations and American A27 (2016) Democracy (Harvard University Press, forthcoming 2017) • “The Future of Latinos in the United States: Law, • “From Contested Concept to Cornerstone of Administrative Opportunity, and Mobility” (with R. Nelson and P. Practice: Social Learning and the Early History of U.S. Escontrías), The Professional Lawyer (forthcoming 2017) Tax Withholding” (symposium on “Reforming the IRS”), 7 Columbia Journal of Tax Law 144 (2016) Janice Nadler • “The Curious Beginnings of the Capital Gains Tax • “Expressive Law, Social Norms, and Social Groups,” 42 Law Preference” (with Julia C. Ott) (symposium on “We Are & Social Inquiry (forthcoming 2017) What We Tax), 84 Fordham Law Review 2517 (2016) • “Social Psychology and the Law” (with P. Mueller), in • “A Bridge Between: Law and the New Intellectual Histories F. Parisi, ed., Oxford Handbook of Law and Economics (Oxford of Capitalism” (symposium on “Opportunities for Law’s University Press, forthcoming) Intellectual History), 64 Buffalo Law Review 1 (2016) Robert L. Nelson Elizabeth Mertz • Rights on Trial: How Workplace Discrimination Law Perpetuates • Editor (with S. Macaulay & T. Mitchell), The New Legal Inequality (with E. Berrey & L.B. Nielsen), (University of Realism, Vol 1: Translating Law-and-Society for Today’s Legal Chicago Press, forthcoming) Practice • Editor (with S. Headworth, R. Dinovitzer & D. Wilkins), • Editor (with H. Klug & S. Engle Merry), The New Legal Diversity in Practice: Race, Class, and Gender in Legal and Realism, Vol. 2: Studying Law Globally Professional Careers (Cambridge University Press, 2016) • “Introduction—New Legal Realism: Law and Social • “What We Know and Need to Know about ‘Access to Justice’ Science in the New Millennium, “ in S. Macaulay, E. Mertz Research” (with E. Chambliss & R. Newman Knake), 67 & T. Mitchell, eds., The New Legal Realism: Translating Law- South Carolina Law Review 193 (2016) and-Society for Today’s Legal Practice • Editor (with E. Chambliss & R. Newman Knake), Symposium • “Combining Methods for a New Synthesis in Law and on Future of Legal Services, 67 South Carolina Law Review Empirical Research” (with K. Barnes), in S. Macaulay, (2016) E. Mertz & T. Mitchell, eds., The New Legal Realism: • “Introduction” (with S. Headworth), in R. Dinovitzer, Translating Law-and-Society for Today’s Legal Practice S. Headworth, R. Nelson & D. Wilkins, eds., Diversity in • Editor (with W. Ford & G. Matoesian), Translating the Practice: Race, Class, and Gender in Elite Legal and Professional Social World for Law: Linguistic Tools for a New Legal Realism Careers (Cambridge University Press, 2016) (Oxford University Press, 2016) • “Race and Representation: Racial Disparities in Legal • “‘Can You Get There from Here?’ Law and Social Science Representation for Employment Civil Rights Plaintiffs” (with in Translation,” in G. Matoesian, E. Mertz & W. Ford, eds., A. Myrick & L.B. Nielsen), in S. Estricher & J. Radice, eds., Translating the Social World for Law: Linguistic Tools for a New Beyond Elite Law: Access to Civil Justice in America (Cambridge Legal Realism (Oxford University Press, 2016) University Press, 2016) • “Introduction: Translating Law and Social Science” (with W. Ford), in G. Matoesian, E. Mertz & W. Ford, eds., Laura Beth Nielsen Translating the Social World for Law: Linguistic Tools for a New • Rights on Trial: How Workplace Discrimination Law Perpetuates Legal Realism (Oxford University Press, 2016) Inequality (with E. Berry & R. Nelson), (University of Chicago Press, forthcoming 2017) • “Introduction: New Legal Realism at Ten Years and Beyond” (with B. Garth), University of California-Irvine Law Review • “Race and Representation: Racial Disparities in Legal (forthcoming) Representation for Employment Civil Rights Plaintiffs” (with A. Myrick & R. Nelson), in S. Estricher & J. Radice, eds., Rachel F. Moran Beyond Elite Law: Access to Civil Justice in America (Cambridge • “The Constitution of Opportunity: Democratic Equality, University Press, 2016) Economic Inequality, and the Right to Education,” in K. Jenkins Robinson & C. Ogletree, eds., The Road Jothie Rajah to Progress: The Case for a U.S. Education Amendment • “Legal Discourse,” in J. Flowerdew & J. Richardson, eds., (forthcoming 2017) Handbook of Critical Discourse Studies (Routledge, forthcoming 2017) • “City on a Hill: The Democratic Promise of Higher Education,” 6 UC Irvine Law Review (forthcoming 2017) • “Law as Record: the Death of Osama bin Laden,” 13 No Foundations: An Interdisciplinary Journal of Law and Justice • “Michael Olivas: On Being a Trailblazer Instead of an Eagle 45 (2016) Scout,” in E. Roman, ed., Accidental Historian: The Michael Olivas Reader (forthcoming 2017)

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

Justin Richland • “Beyond Backlash: Conservatism and the Civil Rights Movement,” 56 American • “Paths in the Wilderness? The Politics of Hopi Religious Journal of Legal History 179 (2016) Freedom on Hopitutskwa,” Maryland Journal of International Law (forthcoming) Susan P. Shapiro • “On Perpetuity: Law, Tradition, Juris-diction,” In R. Provost, • “Standing in Another’s Shoes: How Agents ed. Culture in the Domains of Law (Cambridge University Make Life-and- Death Decisions for Their Principals,” Press, forthcoming) 30 Academy of Management Perspectives 404 (2016) • “Routine Exceptionality: The Plenary Power Doctrine, Immigrants, and the Indigenous under US Law” (with S. Victoria Saker Woeste Coutin & V. Fortin), Immigration and Nationality Law Review • “Capitalism and Agriculture: The Fate of American (reprint) (forthcoming) Democracy,” in P. Hagler Minter, ed., Essays in Honor • “Dignity as (Self-) Determination: Hopi Sovereignty in the of Charles W. McCurdy (University of Virginia Press, Face of US Dispossessions,” 41 Law & Social Inquiry 917 forthcoming 2018) • “Introduction to Tribal Legal Studies, 3rd Edition” (with S. Deer), Tribal Legal Studies, Vol. 1. (Alta Mira Press, 2015) Christopher L. Tomlins • Editor (with M. Dubber), Oxford Handbook of Historical Legal Rebecca L. Sandefur Research (Oxford University Press, forthcoming) • “A experiência pública do Direito: pesquisas de larga escala • Editor (with J. Desautels-Stein), Searching for Contemporary sobre problemas litigiosos e política de Acesso à Justiça” Legal Thought (Cambridge University Press, forthcoming) (“Large-Scale Surveys of Justiciable Problems: Public • “Why Law’s Objects Do Not Disappear: On History as Experience of the Law and Access to Justice Policy”) (with Remainder,” in A. Philippopoulos-Mihalopoulos, ed., The P. Pleasence & N. J. Balmer), in L.S. Ferraz, ed., Acesso à Routledge Research Handbook of Law & Theory (Routledge, Justiça (Access to Justice) (Evocati Publishers, forthcoming) forthcoming) • “Commentary on Carroll Seron’s Presidential Address: • “Looking for Law in The Confessions of Nat Turner,” in Embrace Disciplinarity and Talk Across It,” 50 Law and M. Constable, L. Volpp & B. Wagner, eds., Looking for Law Society Review 34 (2016) in all the Wrong Places (Townsend Center Law and Humanities • “Apples and Oranges: An International Comparison of Strategic Working Group volume) (Fordham University Press, the Public’s Experience of Justiciable Problems and the forthcoming) Methodological Issues Affecting Comparative Study” • “The Work of Death: Massacre and Retribution in (with P. Pleasence & N. Balmer), 13 Journal of Empirical Southampton County, Virginia, August 1831,” in J. Nichols Legal Studies 50 (2016) & A. Swiffen, eds., Cruel and Unusual: Studies of Legal • “Designing the Competition: A Future of Roles Beyond Violence (Routledge, forthcoming) Lawyers? The Case of the USA” (with T. Clarke), 67 Hastings • “Of Origin: Toward a History of Contemporary Legal Law Journal 1467 (2016) Thought” in J. Desautels-Stein & C. Tomlins, eds., Searching • “What We Know and Need to Know about the Legal Needs for Contemporary Legal Thought (Cambridge University Press, of the Public,” 67 University of South Carolina Law Review forthcoming) 443 (2016) • “Introduction: Searching for Contemporary Legal Thought— History, Image, Structure” (with J. Desautels-Stein), Christopher W. Schmidt in J. Desautels-Stein & C. Tomlins, eds., Searching for • The Sit-Ins: Protest, Law, and Social Change (University of Contemporary Legal Thought (Cambridge University Press, Chicago Press, forthcoming 2017) forthcoming) • “Legal History and the Problem of the Long Civil Rights • “Afterword: Contemporary Legal Thought As …” (with Movement” (review essay), 41 Law & Social Inquiry 1081 J. Desautels-Stein), for J. Desautels-Stein and C. Tomlins, (2016) eds., Searching for Contemporary Legal Thought (Cambridge • “‘The Civilizing Hand of Law’: Defending the Legal Process University Press, forthcoming) in the Civil Rights Era” in A. Sarat, ed., Rhetorical Process • “‘Be Operational or Disappear’: Thoughts on a Present and Legal Judgments (Cambridge University Press, 2016) Discontent,” 12 Annual Review of Law and Social Science 1 • “On Doctrinal Confusion: The Case of the State Action (2016) Doctrine,” v2016 BYU Law Review 575 (2016) • “Historicism and Materiality in Legal Theory,” in M. Del • “The Natural-Born Citizen Clause, Popular Constitutionalism, Mar & M. Lobban, eds., Law in Theory and History: New and Ted Cruz’s Eligibility Question” (with M. Bodie), 84 Essays on a Neglected Dialogue (Hart Publishing, 2016) George Washington Law Review Arguendo 36 (2016) • “Debt, Death, and Redemption: Toward a Soterial-Legal • “The Civil Rights-Civil Liberties Divide,” 12 Stanford Journal History of the Turner Rebellion,” in D. Cowan & D. Wincott, of Civil Rights & Civil Liberties 1 (2016) eds., Exploring the Legal in Socio-Legal Studies (Palgrave- Macmillan, 2016)

www.americanbarfoundation.org • 2016 Annual Report 35 ABF Publications

Law & Social Inquiry Editors The Editor-in-Chief of Law & Editorial Policy Social Inquiry is Christopher Law & Social Inquiry is a quarterly, interdisciplinary, peer- Schmidt. Howard Erlanger reviewed scholarly journal of international standing in law of the University of Wisconsin and the social sciences. Contributors include law and sociology at Madison Law School is the review section editor. John professors, social scientists, and lawyers. LSI examines Hagan, Amanda Hughett, pressing sociolegal issues across multiple disciplines, including Janice Nadler, Matthew Shaw, anthropology, criminology, economics, history, law, philosophy, and Victoria Saker Woeste political science, sociology and social psychology. Recent LSI are currently serving as the articles have been awarded numerous distinctions, among them journal’s associate editors. the prestigious Law & Society Article Prize. Willa Sachs serves as the Editorial Coordinator. Submitted manuscripts are reviewed by the editorial committee and then sent out to expert scholars in a double Contents blind peer review process. LSI also regularly features symposia, Contents of Volume 41 (2016) or a series of manuscripts centered on a specific socio-legal of Law & Social Inquiry, as theme. In addition to its high quality of original research, well as past issues, may be viewed on s Wiley- LSI is widely known for its review essays. Review essays are article-length treatments of LSI’ Blackwell website: www. a book or group of books that situate them within their greater intellectual context and blackwellpublishing.com/ engage with relevant discourse, focusing on the bigger questions the books evoke. Each LSI, which can also be issue of the journal also includes “Book Notes” that present brief descriptions of twenty or reached through http:// thirty recently published books of interest to those working in the field of law or the social ABFN.org/LSI. LSI also sciences. LSI also holds an annual student paper competition for graduate and law students, offers authors advance online publication using Early View which includes a monetary prize and publication of the winning paper. on the Wiley Online Library. LSI’s mission is to publish the best sociolegal scholarship from around the world. ABF scholars play a critical role in achieving this goal through their service as editors, peer reviewers, and authors.

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 2016 include: The Fellows CLE Seminar: “The Future of Latinos in the United States: Law, Opportunity, and Mobility,” “ABF Professor Terence Halliday Presents at World Bank Panel on Money Laundering,” “2016 Conference of the Research Group on Legal Diversity: Metrics, Diversity, and Law,” and “Opening Doors to Inquiry: The 2016 Summer Research Diversity Fellowship.” 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: americanbarfoundation.org/publications/researchinglaw.html.

36 American Bar Foundation • www.americanbarfoundation.org Recent Major Media Coverage and Faculty Op-Eds

• “For Tenants in Housing Court, Study Finds ‘Navigators’ Can Be Good Alternatives to Lawyers,” Rebecca Sandefur interviewed, WNYC, December 13, 2016 • “Unrepresented Civil Litigants Fare Better With Nonlawyers, Study Shows,” (Rebecca Sandefur’s Roles Beyond Lawyers study) The Wall Street Journal, December 13, 2016 • “How Investing In Preschool Beats The Stock Market, Hands Down,” James Heckman interviewed, NPR, December 12, 2016 • Analysis: Constitutional Implications of the Trump Administration,” (Op-Ed, Tom Ginsburg) The International Association of Constitutional Law (IACL-AIDC), November 2016 • Prison Reforms Can Have Positive Impact on Kids, Expert Says,” (John Hagan parental incarceration research), Omaha World-Herald, October 26, 2016 Two legal navigators discuss a case with a litigant in the Brooklyn Housing Court. • “13th,” John Hagan interviewed, Netflix, ©Steve Remich, the Wall Street Journal October 24, 2016 • “Heavy Lies the Crown,” Tom Ginsburg article, • “Chicago’s Criminal Court System as Flawed as Its Foreign Policy, October 14, 2016 Police,” (Op-Ed, Nicole Gonzalez Van Cleve) Crain’s • “Duke Professor to Author Book on Inequality and Chicago Business, June 14, 2016 Law,” (Laura Edwards’ ABF research project, Only • “ ‘Crook County’ Author: Judicial System Stacked the Clothes on Her Back: Women, Textiles, and State Against Blacks, Latinos,” Nicole Van Cleve interview, Formation in the Nineteenth Century) Bloomberg BNA, NBC News, May 9, 2016 October 14, 2016 • “Chicago’s Racist Cops and Racist Courts,” (Op-Ed, • “Captive Lives,” (John Hagan’s parental incarceration Nicole Gonzalez Van Cleve) New York Times, April 14, research) San Francisco Chronicle, September 16, 2016 2016 • “Detroit’s Tax Foreclosures Indefensible,” (Op-Ed, • “Debt, Diversity and Job Prospects After Law School Bernadette Atuahene) Detroit Free Press, September 1, Are Focus of Research Grants,” (Task Force on the 2016 Financing of Legal Education research) National Law • Los Derechos de los Estudiantes Indocumentados Journal, April 5, 2016 en Chicago, Matthew Shaw Interviewed, Univision • “The Intersection of Law and Social Science with Ajay Chicago, August 24, 2016 Mehrotra,” Ajay K. Mehrotra interviewed, Legal Talk • “Week of TV Trials in China Signals New Phase in Network, March 24, 2016 Attack on Rights,” (Terence Halliday and Sida Liu’s • “Where are China’s Human Rights Lawyers?” (Terence ongoing research China and human rights) New York Halliday’s ongoing research on China and human Times, August 5, 2016 rights) Al Jazeera, February 29, 2016 • “Notable Lawyer’s ‘Disappearance’ Exposes China’s • “After Scalia: A More Collegial Court?” (Op-Ed, Tom Hate of Religious Freedom,” (Op-Ed, Terence Ginsburg), The Huffington Post, February 15, 2016 Halliday), Christian Post, July 13, 2016 • “Letter from International Legal Community • “The Story Behind the Black Lawyers Matter Slogan Condemns Arrests of Chinese Lawyers,” (Terence and Why You Should Believe It,” (Employment Halliday’s ongoing research on China and human Discrimination study) Rolling Out, July 12, 2016 rights) ABA Journal, January 25, 2016 • “Black Activists Hope Killings Prompt More Action • “China Must End Its Intimidation and Detention from Whites,” Matthew Shaw interviewed, Associated of Human Rights Lawyers,” Terence Halliday letter, Press, July 9, 2016 The Guardian, January 18, 2016

www.americanbarfoundation.org • 2016 Annual Report 37 Liaison Research Services Program

in 2016. In addition, Nelson and the ABF collaborated 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 report on the research, published as “First Chairs at Trial: More Women Need Seats at the Table” was a representative survey of the positions of male and female lawyers practicing For decades, the ABF has focused on providing in litigation. In another recently completed useful research to the organized bar through the project, the ABF joined with the ABA Center dissemination of research findings and through for Racial and Ethnic Diversity and the Law conducting specific research projects. The ABF School Admission Council to develop a diversity Liaison Research Services Program was developed databook, “Landscape of Legal Diversity: By the to bring the research expertise of the Foundation Numbers.” to the work of the bar. Finally, ABF researchers continue to provide From time to time, the ABF collaborates substantive advice and expertise through with ABA entities on specific research initiatives. consultation and participation with bar leaders For instance, the ABF has recently completed a and organizations. Research faculty members serve project with the ABA Commission on the Future on various committees, provide specific research of Legal Services on which ABF Director Emeritus findings, and contribute articles to publications. Robert L. Nelson served as Special Advisor. The These efforts support the goal of the ABF to Commission’s report, “The Future of Legal Services enhance the public’s understanding of law, in the United States,” was published by the ABA legal institutions, and legal processes.

38 American Bar Foundation • www.americanbarfoundation.org Montgomery Summer Research Diversity Fellowships in Law and Social Science for Undergraduate Students

2016 marked the twenty-ninth 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, 118 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 2016 the program was also supported by generous grants from the Law School Admission Council and AT&T.

2016 Summer Research Diversity Fellows: • Bara Ahmad, a native of Chicago, Illinois is a senior at Georgia State University where she is majoring in Political Science with a concentration in pre-law. During her time at ABF, Bara worked with ABF Research Professor John Hagan on identifying locations and types of terrorism in Iraq. • Francesca Hidalgo-Wohlleben is from Cedar Rapids, Iowa, and is a senior at Claremont McKenna College (CMC), majoring in Philosophy, Politics & Economics (PPE). Francesa spent her summer at the ABF working with ABF Research Professor and Director Emeritus Robert Nelson on the research project, “The Futures of Latinos in the United States: Law, Opportunity, and Mobility.” • Kavya Rallabhandi, a native of Palmerston North, New Zealand, is a senior at American University, majoring in Economics and minoring in International Relations. Kavya spent the summer working alongside ABF Director and Research Professor Ajay Mehrotra conducting research to support his comparative fiscal history project and with ABF Research Professor Victoria Saker Woeste on a project exploring the legal origins of the Westboro Baptist Church. • Daniella Zessoules, from Beverly, Massachusetts, is a senior at the University of Massachusetts Amherst majoring in Economics and Political Science with a particular interest in American politics, economic policy, and gender, race, and health care inequality. Daniella worked with ABF Research Professor Elizabeth Mertz on the research project, “The Language of Law Professors: In Their Own Voices,” • The 2016 Montgomery Summer Research Diversity Fellows. Left to Right: helping review and analyze autobiographical writings Francesca Hidalgo-Wohlleben, Daniella Zessoules, Bara Ahmad, and by law professors. Additionally, she helped write Kavya Rallabhandi literature reviews about legal education. • Hon. Sophia H. Hall speaking with the 2016 Fellows

www.americanbarfoundation.org • 2016 Annual Report 39 Doctoral Fellowship Programs

2016 ABF Doctoral Fellows: • Amanda Hughett, Ph.D. candidate in History at Duke University • Ayobami Laniyonu, Ph.D. candidate in Political Science at the University of California, Los Angeles • David McElhattan, Ph.D. candidate in Sociology at Northwestern University • Jeffrey Omari, Ph.D. candidate in Anthropology at the University of California, Santa Cruz, J.D., University of ABF Doctoral Fellows (left to right): Amanda Hughett, Ayobami Laniyonu, Emma Shakeshaft, David McElhattan, Matthew Shaw, Illinois College of Law Jeffrey Omari • Emma Shakeshaft, Ph.D. candidate in Sociology at For almost a decade, the ABF has sponsored two fellowships for social science doctoral candidates the University of with research focuses in legal studies: the Law and Social Sciences Dissertation Fellowship and the Wisconsin-Madison ABF Doctoral Fellowship. Both fellowships are held in residence in Chicago at the ABF and offer • Matthew Shaw, fellows the opportunity to engage with the ABF’s intellectual community, gain feedback on scholarly Ph.D., Quantitative and professional projects in workshop settings, and utilize ABF resources toward academic goals. Policy Analysis in Fellows receive valuable mentorship from ABF Research Faculty members and a generous stipend Education, Harvard to help complete dissertation projects as well as fund research and conference travel. Past fellows University, J.D., Columbia University 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), is a two- year fellowship. It is open to third, fourth, and fifth year Ph.D. candidates in social science and/or interdisciplinary programs whose research interests 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. This year, as in years past, 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.

40 American Bar Foundation • www.americanbarfoundation.org Presentations at the ABF 2016

• Jonathan Koehler, Northwestern University, “The Significance of Error Rates and Proficiency Tests in the Forensic Sciences,” January 13 • ABF Seminar Faculty Panel: Stephen Daniels and Robert Nelson: “Where Have All the Cases Gone: The Strange Success of Tort Reform Revisited” (Daniels); “Representing Rights: Lawyer-Client Relationships in Employment Civil Rights Litigation” (Nelson), January 20 • Riaz Tejani, University of Illinois Springfield, “Marketing Justice: Neoliberal Access and the For-Profit Law School,” February 10 • Susannah Tahk, University of Wisconsin-Madison, “Tax- Embedded Programs and Public Opinion,” February 24 • Victor Quintanilla, Indiana University, “The Signaling Effect of Pro Se Status,” March 16 • Tonya Brito, University of Wisconsin at Madison, “Understanding the Dearth of Defense in a Civil Gideon Universe,” March 23

• Rachel Moran, University of California, Los Angeles, ABF Research Professor Rachel F. Moran at her seminar “City on a Hill: The Democratic Promise of Higher presentation on March 30. Education,” March 30 • Cesar Rosado Marzan, Chicago-Kent School of Law, “Arise Chicago: Building a Moral Economy for Labor • Robert Vargas, University of Notre Dame, “Wounded Rights in the 21st Century,” April 6 City: Violent Turf Wars in a Chicago Barrio,” September 28 • ABF Seminar Faculty Panel: Victoria Saker Woeste and Christopher Schmidt, “Cause Lawyering on the Extreme? • Thomas Saenz, Mexican American Legal Defense and The Strange Legal Career of the Rev. Fred W. Phelps, Educational Fund (MALDEF), “Evenwel,” October 5 1964-1990” (Woeste); “The Sit-Ins: • Angela Onwuachi-Willig, University of Iowa, “From A Legal History” (Schmidt), April 13 Protecting Whiteness as Property to Protecting • Ana Aparicio, Northwestern University, “Imagining White Spaces: The Trials of Emmett Till and Trayvon the “Illegal:” The Circulation and Uses of the Immigrant Martin,” October 12 Threat Narrative,” April 20 • Bernadette Atuahene, Chicago-Kent School of Law, • Susan Block-Lieb, Fordham University, “Restructuring “Stategraft,” October 19 versus Austerity: Contested Metaphors for Sovereign • Gillian Hadfield, University of Chicago, “Rules for Debt Default and Its Resolution,” April 27 a Flat World: Why Humans Invented Law and How • Swethaa Ballakrishnen, Stanford University, “Doing to Reinvent It for a Complex Global Economy,” Gender Differently: India’s Elite Professional Firms as October 26 Petri Dishes for Noveau Essentialism,” May 4 • Alyx Mark, North Central College, “The Micro- • William Novak, University of Michigan, “The Public Democratic Consequences of Accessing Civil Legal Utility Idea and the Origins of Modern Business Aid,” November 2 Regulation,” May 11 • Laura Edwards, Duke University, “Only the Clothes • Debut Of The 2016-17 Seminar Series: LSS Doctoral on Her Back: Women, Textiles, and State Formation Fellows—“Police Practices and Political Participation in in the Nineteenth Century,” November 9 Marginalized Communities” (Ayobami Laniyonu); “Digital • Jonathan Simon, University of California, Berkeley, Democracy: Internet Governance and Urban Development “Is the US Carceral State Facing a Legitimacy Crisis?” in Rio de Janeiro, Brazil” (Jeffrey Omari), September 7 November 16 • ABF Doctoral Fellows—“Race, Law, and Family Formation • Keramet Reiter, “23/7: Pelican Bay Prison and the in the United States: The Current Racial Discourse in Rise of Long-Term Solitary Confinement,” University Transracial Adoption Case Law (1997-2015)” (Emma of California, Irvine, November 30 Shakeshaft); “The Proliferation of Criminal History • Justin Driver, University of Chicago, Presentation Background Checks in the Era of Mass Incarceration” on Brown v. Board of Education and its aftermath, (David McElhattan), September 21 December 7

www.americanbarfoundation.org • 2016 Annual Report 41 Sponsored Programs

The ABF research program is supported by an annual grant from the American Bar Endowment (see page2) 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 over the last several years.

AccessLex Institute • Research and Consultation on the project Microsoft Corporation • After the JD: Legal Careers in Transition “Policing and Chicago Community” • Fourth Conference of the Research Group (Ronit Dinovitzer, Robert Nelson, Bryant Project (Robert Nelson) on Legal Diversity (Research Group on Garth, and Joyce Sterling) • Research and Consultation on the project Legal Diversity) “Tackling Chicago’s Race Narrative” • Emerging and Visiting Scholars Fellowship National Association for Program in Higher Education (Ajay K. Kirkland & Ellis Law Placement Foundation Mehrotra et al.) • Fourth Conference of the Research Group • After the JD: The Trajectories of Legal • Follow up Analyses from the Work of the on Legal Diversity (Research Group on Careers (Ronit Dinovitzer, Robert Nelson, ABA Task Force on the Financing of Legal Legal Diversity) Bryant Garth, Gabriele Plickert, and Education (Stephen Daniels) Law School Admission Council Joyce Sterling) Allstate Insurance Company • Montgomery Summer Diversity Research National Conference of • Fourth Conference of the Research Group Fellowships in Law and Social Science Bar Examiners on Legal Diversity (Research Group on • After the JD: Legal Careers in Transition • After the JD: Legal Careers in Transition Legal Diversity) (Ronit Dinovitzer, Robert Nelson, (Ronit Dinovitzer, Robert Nelson, Bryant American Bar Association Bryant Garth, and Joyce Sterling) Garth, and Joyce Sterling) Litigation Research Fund • Early Post-Law School Careers of Women National Science Foundation and Men Lawyers in U.S. and German • Optimizing the Jury Decision-Making • Adolescent and Adult Lives of Children of Cities (John Hagan, Gabriele Plickert, Process (Shari Diamond) Parents Returning from Prison (John Hagan Patricia Parker, and Hans Merkens) American Philosophical Society and Holly Foster) Same 2015 to 2016 • From Law School to Later Life: A 20-Year —Supplemental grant also awarded under • Reconstituting Civic Community: Religion, Panel Study of the Careers of Women and the NSF Research Experiences for Hate Speakers, and the Law in Modern Men Lawyers (John Hagan, Fiona Kay, Undergraduates Program America (Victoria Saker Woeste) and Ronald J. Daniels) • The Emotional Influence of the Visual: AT&T • Senior Status, Gender, and Race in Gruesome Photographs in the Courtrooms • Montgomery Summer Diversity Research the Legal Academy (Elizabeth Mertz, (Janice Nadler, with Jessica Salerno Fellowships in Law and Social Science Wamucii Njogu, and Carol Greenhouse) & Nicholas J. Schweitzer, ASU) California Bar Foundation Legal Services Corporation • Property and Dignity: Understanding the • The Future of Latinos: Law, Opportunity, and Friends of Legal Services Illegal Occupation of Vacant Buildings in and Mobility, A Network for Justice Corporation Detroit (Bernadette Atuahene) Planning Summit: Creating Legal • Accessing Justice in Contemporary America • Workshop: Legal Education in Crisis? and Legislative Support for Latino (Robert Nelson, Rebecca Sandefur) Bringing Researchers and Resources Communities Google Grants Together to Generate New Scientific Insights (Elizabeth Mertz) California Community Foundation • Ongoing in-kind support of the American —Supplemental grant also awarded • The Future of Latinos: Law, Opportunity, Bar Foundation website (http://www. under the NSF Research Experiences and Mobility, A Network for Justice americanbarfoundation.org/index.html) for Undergraduates Program for Planning Summit: Creating Legal Harry Frank Guggenheim “Punishment Regimes and the and Legislative Support for Latino Multi-Level Effects of Parental Communities Foundation • Home Foreclosures and Criminal Violence Imprisonment: Inter-institutional, Center for Advanced Study (John Hagan and Andrea Cann Inter-generational and Inter-sectional in Behavioral Sciences Chandrasekher) Models of Inequality and Exclusion • Research Faculty Fellowship (Carol (John Hagan and Holly Foster) Kenneth F. and Harle G. Heimer) Montgomery Foundation • Workshop: Parental Incarceration in the United States: Bringing Together Research Chicago Community Trust • Montgomery Summer Diversity Research and Policy to Reduce Collateral Costs to • The Future of Latinos in the United States: Fellowships in Law and Social Science Children (John Hagan) Law, Opportunity, and Mobility Midwest Regional Roundtable

42 American Bar Foundation • www.americanbarfoundation.org • Accessing Justice in Contemporary America: Robert Wood Johnson Foundation Research Funds The Community Needs and Services Survey • Investigator Award in Health Policy (Rebecca Sandefur, Robert Nelson) Research: Gatekeepers at Life’s End: The American Bar Foundation —Supplemental grant also awarded under Surrogate Decision-Making in Intensive acknowledges with gratitude those the NSF Research Experiences for Care (Susan Shapiro) Undergraduates Program individuals who continue to support its • Workshop: Access to Justice: Re-envisioning University of California, research funds. and Reinvigorating Research (Rebecca Los Angeles Sandefur) • The Future of Latinos: Law, Opportunity, The Robert O. Hetlage • After the JD III: The Trajectories of Legal and Mobility, A Network for Justice Scholarship Fund supports the Careers (Ronit Dinovitzer, Robert Nelson, Planning Summit: Creating Legal participation of students and young Bryant Garth, and Joyce Sterling) and Legislative Support for Latino Communities faculty in the research programs of the • Crime, War and Wealth in Pre- and Post- —School of Law American Bar Foundation, including the Invasion Iraq (John Hagan) —Office of the Executive Vice Summer Research Diversity Fellowship • Lawyers in the Pursuit of Basic Legal Rights: Chancellor and Provost Criminal Defense in China (Terence Program for undergraduate minority —School of Law’s David J. Epstein Halliday and Sida Liu) students, the Doctoral Fellowship Program in Public Interest Law • Local Courts and African American Life, and Policy Program for dissertation research, and 1865-1930 (Dylan Penningroth). Funded —César E. Chávez Department of a Young Scholars Program to support under the American Recovery and Chicana/o Studies research in the first five years of an Reinvestment Act of 2009 (Public —School of Law’s Critical Race Studies academic career. Law 111-5) Program • Ethnicity, Inc. (John Comaroff and Jean —Chicano Studies Research Center The Comaroff) William Reece Smith, • Law and Social Science Dissertation University of California, Jr. Research Fund advances Fellowships and Mentoring Program Davis School of Law ABF research on the topics of • The Future of Latinos: Law, Opportunity, (Laura Beth Nielsen; joint program professionalism, pro bono legal and Mobility, A Network for Justice with the Law and Society Association) services, and the role of the legal • Punishment Regimes and the Multi-Level Planning Summit: Creating Legal profession internationally to advance Effects of Parental Imprisonment: Inter- and Legislative Support for Latino institutional, Inter-generational and Inter- Communities human rights and access to justice. sectional Models of Inequality and Exclusion University of Wisconsin Law The Liz and Peter Moser (John Hagan and Holly Foster) School Global Legal Studies —Supplemental grant also awarded Center Research Fund in Legal Ethics, under the NSF Research Experiences • Center on Law and Globalization Professional Responsibility for Undergraduates Program Regional Colloquium on Globalization and Access to Legal Services Northwestern University of Law, International Organizations and supports path-breaking, empirical International Law (Terry Halliday, John • Fourth Conference of the Research Group research in the field of legal ethics, on Legal Diversity (Research Group on Hagan, Tom Ginsburg) professional responsibility, and access Legal Diversity) Alexander Von Humboldt —Office of the Provost Foundation, TransCoop Program to legal services. —Pritzker School of Law • Early Post-Law School Careers of Women • The Future of Latinos in the United States: and Men Lawyers in U.S. and German Law, Opportunity, and Mobility Midwest Cities (John Hagan, Gabriele Plickert, Regional Roundtable Patricia Parker, and Hans Merkens) —The Graduate School World Justice Project —Weinberg College of Arts and Sciences • Rule of Law Research Partnership (Robert —Kellogg Graduate School of Business Nelson, Tom Ginsburg, Jack Knight, —Pritzker School of Law Margaret Levi, and Beatriz Magaloni) —Office of the Provost Mia Farrow Public Welfare Foundation • For in-kind support of The Center • Increasing Access to Justice through on Law and Globalization Expanded Roles Beyond Lawyers: Developing and Testing an Evaluation Framework (Rebecca Sandefur, in conjunction with the National Center on State Courts)

www.americanbarfoundation.org • 2016 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 were: Lauren B. Edelman, Agnes Roddy Robb Professor of Law and Professor of Sociology, University of California, The Fellows CLE Research Seminar, “The Future of Latinos Berkeley; Cheryl I. Harris, Rosalinde and Arthur Gilbert in the United States: Law, Opportunity and Mobility” was Professor in Civil Rights and Civil Liberties, UCLA School held in February during the ABA Midyear Meeting in San of Law; Jocelyn Larkin, Executive Director, Impact Fund; and Diego. Anchored by a research presentation by Rachel F. Past Co-Chair, ABA Litigation Section’s Class Actions and Moran, William H. Neukom Fellows Research Chair in Derivative Suits Committee; and, Melissa Murray, Interim Diversity, American Bar Foundation and Dean Emerita and Dean and Professor of Law, University of California, Berkeley. Michael J. Connell Distinguished Professor of Law, UCLA “Civil Rights Advocacy: Past, Present and Future” was Law; Robert L. Nelson, MacCrate Research Chair in the co-sponsored by ABA Commission on Disability Rights, ABA Legal Profession, American Bar Foundation and Professor Commission on Racial and Ethnic Diversity in the Profession, of Sociology and Law, Northwestern University; and, Luz ABA Criminal Justice Section, ABA Section of Civil Rights Herrera, Assistant Dean for Clinical Education, Experiential and Social Justice, ABA Senior Lawyers Division, and the Learning, and Public Service, UCLA Law, the panel explored National Association of Women Judges. the different futures of Latinos that are possible by 2050, The Fellows Research Advisory Committee (FRAC) when the Latino population is projected to account for works with the Director of the ABF and the officers of the nearly 30 percent of the nation’s population. Panelists were: Fellows to organize the Fellows Research Seminars each year R. Alexander Acosta, Chair, ABA Commission on Hispanic and serves as a bridge between the research program of the Legal Rights & Responsibilities and Dean, College of Law at American Bar Foundation and the profession, including the Florida International University; Sonia Gonzales, Executive practicing bar, the judiciary, and legal education. Director, California Bar Foundation; David G. Gutierrez, Professor and Academic Senate Distinguished Teacher, UC Fellows Events San Diego; and, Thomas A. Saenz, President and General The Fellows events at the ABA Midyear Meeting in San Counsel at MALDEF (Mexican American Legal Defense Diego in February began with the Fellows Opening Reception, and Educational Fund). The panel was moderated by held at the Maritime Museum of San Diego aboard the Manny Medrano, Trial Lawyer and Broadcast Journalist. permanently docked historic 1898 steam ferry Berkeley. “The Future of Latinos in the United States” was co- Following welcoming remarks from Hon. Cara Lee Neville sponsored by ABA Center for Racial and Ethnic Diversity, (Ret.), Chair of the Fellows, and Tony Patterson on behalf of ABA Commission on Hispanic Rights & Responsibilities, ABA the American Bar Endowment, Hon. M. Margaret McKeown Commission on Immigration, ABA Commission on Racial introduced our musical guests, the Paula Boggs Band! and Ethnic Diversity in the Profession, ABA Commission The 60th Annual Fellows Awards Banquet, generously on Women in the Profession, ABA Diversity & Inclusion sponsored by KPMG, took place at the San Diego Natural 360 Commission, ABA Section of Civil Rights and Social History Museum. Lawyer, cultural historian, and author Justice, ABA Young Lawyers Division, National Association Dr. Linda Hirshman gave the keynote address. The banquet of Women Judges, National Association of Women Lawyers, featured presentations to the following honorees: and National Conference of Women’s Bar Associations. • Outstanding Service Award: Llewelyn G. Pritchard, In August, during the ABA Annual Meeting in San Esq., Seattle, Washington Francisco, the Fellows sponsored the CLE Research Seminar, • Outstanding Scholar Award: Professor Kimberlé W. “Civil Rights Advocacy: Past, Present and Future.” Moderated Crenshaw, Los Angeles, California by award-winning legal historian Dylan C. Penningroth, • Outstanding State Chair Award: Co-Chairs Barbara Professor of Law and History, University of California at J. Gislason, Esq., Fridley, Minnesota, and Hon. John R. Berkeley and ABF Affiliated Research Professor, the panel Tunheim, Minneapolis, Minnesota brought together scholars and civil rights lawyers to discuss • Life Fellow Achievement Award: Selma Moidel Smith, the past, present, and future of U.S. civil rights. Panelists Esq., Encino, California

44 American Bar Foundation • www.americanbarfoundation.org During the ABA Annual Meeting in San Francisco in August, the Fellows gathered for a special evening of camaraderie and celebration at the California Historical Society for the Fellows Opening Reception. Fellows leaders made welcoming remarks including Martha Barnett, President of the American Bar Endowment. The Fellows met again the next morning for the annual Fellows Business Breakfast. The breakfast featured a fireside chat with keynote speaker William Neukom. Mr. Neukom is the founder and chief executive officer of the World Justice Project, past President of the American Bar Association, retired partner in the Seattle office of the international law firm K & L Gates, and helped establish the William H. Neukom Fellows Research Chair in Diversity and Law at the American Bar Foundation. Fellows Chair Hon. Cara Lee Neville (Ret.) recapped the work of the Fellows and the ABF during her term as chair, as well as discussed new Fellows business. In May, Fellows gathered in Rome, Italy for a special event held in cooperation with the ABA Section of International Law’s 2016 Europe Forum. Beginning with a reception generously sponsored by International Fellow Francesco Gianni and his firm, Gianni, Origoni, Grippo, Cappelli & Partners, Fellows then gathered for an exclusive dinner near the famous Trevi Fountain and Spanish Steps. Many Fellows State Chairs organized local events where Fellows heard presentations from noteworthy speakers and socialized among colleagues and friends. In April, Wisconsin Fellows gathered in Madison for a lecture from William Hubbard followed by their inaugural annual Fellows dinner. Washington, D.C. Fellows held their annual dinner in April featuring a keynote by DeMaurice Smith. The June New York Fellows Luncheon featured U.S. Attorney for the Southern District of New York Preet Bharara. Local Fellows events were also hosted in Alaska, Arizona, California, Colorado, Maryland, Missouri, Nebraska, New Jersey, New Mexico, Pennsylvania, Rhode Island, South Dakota, Utah, and Washington. Several ABF Research Professors and scholars spoke at these Fellows events. 2016–2017 Fellows Officers • Chair: Michael H. Byowitz, New York, New York • Chair-Elect: Rew R. Goodenow, Reno, Nevada • Secretary: Reginald Turner, Detroit, Michigan • Immediate Past Chair: Honorable Cara Lee Neville, Minneapolis, Minnesota • Professor Kimberlé Crenshaw (center) receives the Fellows 2015–2016 Fellows Officers Outstanding Scholar Award • Chair: Honorable Cara Lee Neville, Minneapolis, • Dr. Linda Hirshman gives the keynote address Minnesota • William Neukom addresses the audience • Chair-Elect: Michael H. Byowitz, New York, New York • Chair of the Fellows, Michael Byowitz, pictured with ABF Fellows • Secretary: Rew R. Goodenow, Reno, Nevada Kenneth G. Standard and Helen Williams. • UCLA School of Law Interim Dean Melissa Murray speaking • Immediate Past Chair: Kathleen J. Hopkins, Seattle, at the CLE Panel on Civil Rights Washington • Lauren Edelman presenting at the CLE Panel on Civil Rights

www.americanbarfoundation.org • 2016 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 American Bar Foundation. This continued financial support is vital to the ABF’s work. Life Fellow Giving Societies* A Fellow becomes a Life Fellow after completing his/her initial pledge. Giving Societies are composed of Life Fellows whose commitment to advancing justice and the understanding of law is reflected by contributions to the ABF 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 ABF between September 1, 2015 and November 30, 2016. Their generosity continues a longstanding culture of philanthropy that supports the empirical research work of the ABF. 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, at Fellows events, and on the Fellows website. All Fellows are acknowledged in the Fellows Roster.

Life Leadership Life Benefactor Charlton Dietz Edward G. O'Connor Charles T. Stewart* Walter P. Fellows Fellows Laura M. Douglas Donald R. Osborn Guy M. Struve Armstrong, Jr.* E. Clarke Arnold* Timothy Joseph Jerome Farris Mr. and Mrs. Randolph W. Thrower* Jacqueline Allee Clinton R. Ashford* Abeska Robert L. Geltzer, Jr. William G. Paul Michael Traynor Kenneth J. Burns, Jr.* Morris Atlas Howard J. Aibel Sheldon G. Gilman John H. Pickering* Calvin H. Udall* Scott J. Atlas Michael H. Byowitz M. Bernard Aidinoff* Lynne Z. Gold-Bikin Yvonne S. Quinn Lewis H. Van Alan L. Austin* Mortimer M. Caplin Norman Redlich* Dusen, Jr.* Richards D. Barger Daniel L. Golden* E. Osborne David A. Collins Calvin A. Behle* Jimmy K. Goodman Hector Reichard De David E. Van Zandt Ayscue, Jr. Cardona, Jr. David Powers Berten James T. Halverson Alvin Weiss Sylvia Bacon John J. Creedon Harvey T. Reid* Brooksley Roy A. Hammer* Donna C. Willard-Jones Gail Dyer Baker Ellen J. Flannery Arthur & Toni Elizabeth Born Gerald J Hayes William J. Williams, Jr. Richard A. Barber* Robert O. Hetlage* Rembe Rock Timothy W. Bouch John P. Heinz William E. Willis Curtis H. Barnette Simon H. Rifkind* Janice Gambino David S. Houghton David O. Brownwood Daniel J. Hoffheimer Peter A. Winograd Ronald S. Rolfe Barone W. Loeber Landau* The Saltsburg Fund, Charles Alan Wright* Jon Hoffheimer Michael J. Rooney Jane H. Barrett Karen Lake Buttrey Douglas R. Young Robert MacCrate* (deceased), Michael J. Horvitz Ellen F. Rosenblum James Bartimus M. Peter Moser* Donald W. Buttrey Richard R. Howe James B. Sales Philip S. Beck Life Patron William H. Neukom Dan O. Callaghan William C. Hubbard Jonathan D. Schiller David J. Beck John L. Carey* Douglas A. Jacobsen Fellows Martin D. Beirne Wm. T. Robinson III Dennis Arnold James H. Carter Linda A. Klein Schoville Samuel Adams Brigitte Schmidt Bell David K. Y. Tang Robert A. Clifford Joseph P. Klock, Jr. Charles W. Schwartz Edward A.K. Adler Lee Rimes Benton Gregory M. Bergman William F. Womble* Irwin Mark Cohen Robert C. Knuepfer, Jr. Kathleen M. Shay Deborah A. Agosti Gerald Aksen Paula E. Boggs Joseph A. Woods, Jr.* Avern Cohn Frances A. Koncilja Miriam Shearing H. William Allen David Boies Ira B. Coldren, Jr.* Jerry Lastelick John Sand Siffert Richard B. Allen* Wilber H. Boies Whitfield J. Collins* James B. Lee Chesterfield Myles J. Ambrose* Stephen S. Bowen Philip H. Corboy* Beverly Glenn Long* Harvey Smith* Alfred Appel* John P. Bracken* Ezekiel Solomon AM Joseph W. Cotchett Thomas O. Marshall* Susan Frelich Appleton Steve A. Brand Larry W. Sonsini Clive S. Cummis* William B. McGuire* Joseph W. Howard H. Braverman* Edward I. Cutler* Robert W. Meserve* Robert A. Stein Armbrust, Jr. William J. Brennan III*

*Deceased

46 American Bar Foundation • www.americanbarfoundation.org Bobbe Jean Bridge Haliburton Fales II* John Haworth Robert Henry Louis Thomas W. Robert L. Stern* Louis M. Brown* Hubert A. Farbes, Jr. Harry J. Haynsworth IV James E. Ludlam* Pomeroy, Jr.* Joan N. Stern Charles Earl Brown* Susan Beth Farmer Thomas Z. Hayward, Jr. Christopher H. Lunding Lester M. Ponder* Paul J. Stichler* Stanley M. Brown* Sue Seibert Farnsworth Keith A. Hebeisen Graydon Dean William Poole* Charles A. Storke Peter Bubenzer Juli Farris Ben W. Heineman* Luthey, Jr. Maury B. Poscover Sidney A. Stubbs, Jr. Maurice R. Bullock* Robert R. Feagin III James W. Hewitt Arthur W. Machen, Jr.* John B. Power James M. Sturdivant John T. Cabaniss John D. Feerick and Robert B. Hiden, Jr. Amy Cashore Mariani Roger A. Putnam Barry Sullivan Elizabeth J. Cabraser Emalie Platt Feerick Benjamin H. Hill III Lori A. Martin Charles J. Queenan, Jr. E. Thomas Sullivan Levin H. Campbell James D. Fellers* Robert F. Hill Judy Perry Martinez Elise Rabekoff John A. Sutro* Edmund N. Carpenter* Blair C. Fensterstock Donald B. Hilliker Barbara Mendel Bruce M. Ramer Viola J. Taliaferro Mayden John Allen Chalk, Sr. Henry L. Feuerzeig Jeffrey L. Hirsch Roberta Cooper Ramo Blake Tartt* Robert M. McAnerney* Sandra J. Chan Edward Ridley John R. Holden* Robert M. Raymer Richard B. Teitelman* Finch, Jr. Milford McBride, Jr.* Alec Y. Chang Steven Lyon Holley Harry M. Reasoner Stanley L. Temko* Thomas M. Fitzpatrick F. Wm. McCalpin* Thomas A. Clancy Kathleen Joan Hopkins Abraham Charles Reich Joseph Thacker Austin T. Fragomen, Jr. Catherine Stevens Ralph E. Clark, Jr.* Zona F. Hostetler Robert M. Rhodes Richard L. Thies Merrill R. Francis* McClure Glenn R. Coates Lawrence T. Hoyle, Jr. Julian C. Rice* Lott H. Thomas George S. Frazza Vincent L. McKusick John F. Cogan, Jr. W. Stell Huie Dorothy Comstock Riley* Charles M. Thompson David Charles Frederick Marcia M. McMurray William K. Cole* I.S. Leevy Johnson James C. Rinaman Betty A. Thompson* Paul E. Freehling Truman Q. McNulty* Richard P. Cole Wilbur E. Johnson David W. Robbins J. David Tracy Herschel H. Friday, Jr.* Kurt W. Melchior Nat R. Coleman, Jr.* Justin M. Johnson Barbara Paul Robinson Marna S. Tucker Donald Fried Marygold Shire Melli Roxanne Barton Earl Johnson, Jr. Nicholas A. Robinson Reginald Turner Kathleen O'Ferrall Bernard S. Meyer* Conlin Bernard Jolles Harry J. Roper Herbert G. Underwood Friedman Jack B. Middleton David M. Cook Hugh R. Jones* W. Brian Rose Allan Van Fleet Victor Futter* Robert W. Minto, Jr. William Thomas E. Stewart Jones, Jr. William Herbert W. Vaughan* Coplin, Jr. David H. Gambrell James C. Mordy Rosenberger, Jr.* William F. Joy Betty M. Vitousek John G. Corlew Herbert S. Garten W. Carloss Morris, Jr.* Eric M. Roth Robert E. Juceam Bill Wagner William W. Crawford* Stephen F. Gates John H. Morrison Carmine A. Rubino Robert M. Kaufman Wesley M. Walker* Robert J. Cunningham Kenneth W. Gideon* Mary Mullarkey David S. Ruder Robert E. Keeton* Owen B. Walsh Barbara A. Curran* Jean and Leonard Robert B. L. Murphy* Gerald L. Rushfelt Gilbert Stanley Keller John Bronson Walsh Mattie Belle Davis* Kay C. Murray H. Richard James H. Gilliam, Jr.* Erin E. Kelly Steven T. Walther K. A. Day Norman H. Nachman* Schumacher David E. Keltner Roger E. Warin John C. Deacon* Joseph G. Nassif Charity Scott John A. Girardi Ted M. Kerr Wilbur W. Warren III Ellen Conedera Dial Frank X. Neuner, Jr. Marvin Sears Patricia L. Glaser George H. Kidder* Mindee Wasserman Martin M. Doctoroff* John S. Nolan* Edgar T. See* Norman Goldberger Loren Kieve Virginia Guild Watkin Doreen D. Dodson Bernard W. Nussbaum Christopher A. Seeger Jamie S. Gorelick Lawrence R. King* Richard C. Watters David S. Doty Charles A. O'Brien* James M. Sibley Maurice B. Graham Charles C. Kingsley Pauline A. Weaver John P. Driscoll, Jr.* John J. Okray James R. Silkenat Melanie Gray Rodney O. Kittelsen* Martin H. Webster* Conrad B. Duberstein* Jack H. Olender Woon-Wah Siu John A. Grayson* John T. Knox W. Scott Welch III George H.T. Dudley Adebayo Oriola John S. Skilton Robert J. Grey, Jr. Theodore A. Kolb* Charles I. Wellborn William B. Dulany John E. Osborn Herbert D. Sledd Stuart Z. Grossman William Norman Krucks H. Blair White* M. Douglas Dunn Scott F. Partridge Don Slesnick Michael Donwell Gunter William F Kuntz II Paul L. Wilbert* Paul F. Eckstein Richard Pena Marvin S. Sloman* James T. Haight Verne M. Laing* Bruce Lord Wilder Warren W. Eginton Peter N. Perretti, Jr.* William Reece Philip M. Halpern Ronald Larson Smith, Jr.* J. Gaston Williamson* Bernard M. Eiber* Roderick Norman Gordon F. Hampton* Maryanne R. Lavan Petrey David Solomon Richard Wilmer* E. Charles Arthur W. Leibold, Jr. Phillip A. Wittmann Eichenbaum* Milton Handler* Hugo M. Pfaltz, Jr. Rayman L. Solomon Thomas C. Leighton James Jerry Wood Mitchell S. Eitel Edward B. Hanify* Philip John Pfeiffer Neal R. Sonnett Susan B. Lindenauer Donald Alan Workman James J. Elacqua John F. Harkness, Jr. John D. Phillips* Richard E. Speidel* Pierce Lively* Kathryn D. Wriston* Adam O. Emmerich Edwin A. Harnden Vincent F. Pitta Horace E. Stacy, Jr.* Leslie E. Lo Baugh, Jr. Ellen G. Yost William H. Erickson* Harry L. Hathaway N. Michael Plaut* Frederick P. Stamp, Jr. Raymond S. Londa Andrea Zopp Robert M. Ervin* Donald M. Hawkins* Richard W. Pogue Justin A. Stanley*

www.americanbarfoundation.org • 2016 Annual Report 47 Life Fellows Contributions to the American Bar Foundation

Sustaining Morgan Ray Bentley Joseph E. Cirigliano Louise Durfee Daniel C. Girard John N. Hermes Life Fellows Christopher D. Bernard David Wright Clark Roy Carlos Durling, Jr. Rosemary E. Giuliano Steven A. Hirsch Arthur N. Abbey Richard O. Berndt Bradley Clary Marcia M. Eason Donald W. Glazer Eric L. Hiser Patti L. Abramson Daniel O'Neal Bernstine William H. Clendenen, Jr. Peter B. Edelman H. Lee Godfrey James R. Hobbs Ann E. Acker Lalit Bhasin Ronald Jay Cohen Gerald M. Edenfield Richard C. Godfrey Kay H. Hodge Cynthia Bookhart Adams J. Truman Bidwell, Jr. Andrew Howard Cohn William I. Edlund Joan L. Goldfrank Jennifer Bruch Hogan Michael A. Albert Michael W. Bien Gregory M. Cokinos Thomas S. Edwards, Jr. Stephen Goldspiel Susan M. Holden Mark H. Alcott John W. Bissell Mark D. Colley Karl John Ege Barry L. Goldstein Sheila S. Hollis Rosemary Alito Donald W. Bivens James W. Conrad, Jr. Dorothy Eisenberg Ronald Kinnan Golemon James J. S. Holmes Linda Auerbach Bruce H. Bokor Joseph Palmer Conran Linda Elrod Rew R. Goodenow Anne M. Honsa Allderdice Thomas Newton Bolling Leslie Larkin Cooney Jo Ann Engelhardt Thomas A. Gottschalk Henry H. Hopkins Bob & Sarah Tom Bolt Edward H. Cooper Pamela Chapman Enslen William Andrew John J. Hopkins Hermann Alsdorf Mary M. Bonacorsi Margaret L. Cooper Michael G. Ermer Gowder, Jr. Lewis M. Horowitz John T. Armstrong, Jr. Kathleen Boozang N. Lee Cooper Allen D. Evans John Paul Graff Barbara J. Howard John Fox Arnold Amelia H. Boss Chris S. Coutroulis Glenn Phillip Falk Mark E. Grantham Barry L. Howard Stephanie Friese Aron Joseph W. Boucher Harold Cramer Marsha E. Fangmeyer Sibylle Grebe Barbara Kerr Howe Charles B. Arrington, Jr. Judith Farris Bowman Thomas William Cranmer Zachary Dean Fasman Bruce A. Green Edwin E. Huddleson III Lisa Gayle Arrowood Lisa Montpetit Brabbit Juliett L. Crawford Joseph A. Fawal William Hadfield Green Seth M. Hufstedler David Leon Ashford D. C. Bradford III Bernardo M. Cremades Michael K. Fee Roger B. Greenberg Procter Hug, Jr. Kim J. Askew Lyle Richard Bratton Richard H. Critchlow Susan A. Feeney Lawrence S. Greenwald Karen M. Humphreys Nancy F. Atlas Patricia Breckenridge Thomas F. Cullen, Jr. Andrew J. Felser George William Gregory Michelle Hunter Daniel F. Attridge Charles Bridges Stephen J. Curley Lucas A. Ferrara Benjamin E. Griffith Antonia B. Ianniello Del William Atwood Mitchell Brock Mark W. Curnutte James L. Ferraro Janice C. Griffith John B. Isbister Thomas L. Ausley Steven H. Brose Frank J. Daily Jeffrey D. Fisher Renie Yoshida Grohl Jack B. Jacobs Russell James Austin Charles N. Brower Harvey P. Dale Robert Michael Fishman Merrick Lawrence Gross Dinita Leanne James Sara A. Austin William H. Brown III Donald M. Dalik Norman Patrick Hurst K. Groves William H. Jeffress, Jr. Mitchell L. Bach John G. Buchanan III Paul R. D'Amato Flanagan III Amy Collignon Gunn W. Anthony Jenkins T. Maxfield Bahner Harold C. Helen Renee Davis Sarah Gemma Flanagan Peter F. Habein Jorge R. Jimenez Benjamin L. Bailey Buckingham, Jr. J. Mason Davis, Jr. Linda G. Flippo Douglas T. Hague Kile W. Johnson David A. Bailie Timothy J. Burke Jack Davis Michael Raye Ford Sophia H. Hall Lee Best Johnson C. Ronald Baird Robert L. Burrus, Jr. Leary Davis James L. Forman Leon P. Haller Paul R. Johnson Fletcher Nathaniel Thomas W. Burt Richard M. Davis, Jr. Don P. Foster Jeremiah F. Hallisey F. Claiborne Baldwin, Jr. Peter Buscemi Theodore H. Davis, Jr. Mary Foster James Hamilton Johnston, Jr. William T. Barker Stephen D. Busch Barbara J. Dawson Dori B. Foster-Morales Sam and June Hamra Candace M. Jones Lisa Schumacher Ann E. Bushmiller Bruce Ward Day William E. Fox Dean Hansell Michael Edwin Jones Barkley Richard J. Buturla James P. DeAngelo Rick E. Freeman Max A. Hansen James F. Jorden Deborah Ann Alfred M. Butzbaugh Kelly Frels Marilyn J. Harbur Mary Kay Kane Browers Barnes Francis X. Dee Luis A. Cabassa Sharon Nelson Freytag V. Burns Hargis Robert J. Kapelke Ronald Merrill Barnes James Vinson Guido Calabresi Derrick, Jr. Michael Fricklas Stephen Joseph Mark L. Karasik Barry C. Barnett A. Bruce Campbell Clinton E. Deveaux Robert B. Frieberg Harmelin Paul A. Kastler Thomas C. Barnett, Jr. David M. Cantor Francis P. Devine Eric Jonathan Friedman Arthur J. Harrington Melvin L. Katten Robert Edwin Joseph Harroz, Jr. Barnhill III Jose Alberto Cardenas Francis Daniel Dibble, Jr. Linda Anne Friedman John B. Kearney Julianne Hartzell Vincent John Diana Carey A. Darby Dickerson Paul L. Friedman Irene M. Keeley Bartolotta, Jr. Robert M. Carlson Thomas A. Dickson W. Royal Furgeson, Jr. Albert C. Harvey Charles C. Keller William G. Bassler Gary M. Carman Robert J Diehl, Jr. John A. Gaberino, Jr. Aubrey B. Harwell, Jr. Peter M. Kellett Frederick J. Baumann Frank J. Carroll Bernard J. DiMuro James Gadsden Robert E. Hauberg, Jr. Dennis J. Kelly Leo Bearman, Jr. John L. Carroll Michael Dockterman Michelle Greer Galloway David J. A. Hayes, Jr. Patrick J. Kelly Nancy A. Becker Robert M. Cary Dale C. Doerhoff William T. Gamble Howell Thomas Howard Kenison Heflin, Jr. Michelle A. Behnke Christine M. Castellano Arthur Thomas Richard M. Gardella James A. Kenney III John J. Held Herbert J. Belgrad William H. Caudill Donato, Jr. Lisa Atlas Genecov John A. Kenney Glenn P. Hendrix Robert E. Bellin John Milton Cerilli Sharon Wicks Dornfeld James W. Gewin John Patrick Kent J. Michael Hennigan Laurel G. Bellows Bennett W. Cervin Joanne R. Driscoll Tracy Allen Giles Cameron F. Kerry Thomas G. Henning Robert W. Bennett J. Michelle Childs John R. Dunne Edward J. Gilliss Michael P. Kessler Stephen J. Herman Steven Alan Bennett Jesse Choper Donald R. Dunner Helen Gillmor Philip J. Kessler

48 American Bar Foundation • www.americanbarfoundation.org R. Steven Kestner James E. Mahood Colvin Gamble Russell M. Robinson II Dwight L. Smith Amy Van Horne Henry S. Keuling-Stout Marc J. Manderscheid Norwood, Jr. Angela E. Rodante Edwin E. Smith Donna E. Van Scoy Dale A. Kimball Frances S. Margolis John E. O'Brien, Jr. Joseph J. Rodgers Norman Randy Smith Palmer Gene Vance II Mark L. Kincaid Heman A. Marshall III Bruce E. O'Connor William A. Rogers, Jr. Paul M. Smith Travis Evans Robert D. Klausner Nancy Ann Martin James D. O'Connor Robert M. Rolfe Selma Moidel Smith Vanderpool Richard F. Knight Charles Arthur Marvin Joseph D. O'Connor Jon Howard Rosen Steven L. Smith Frank J. Vecchione John M. Koneck Michael E. Massie Eric A. Oesterle Herbert M. Rosenthal Thomas W. Snook Patricia Jane Villareal Thomas E. Kopil Joseph Matthews Charles J. Ogletree Mitchel S. Ross Rodney G. Snow Stephen F. Vogel Edward F. Koren Diane Mauriello Edward P. O'Keefe Joseph J. Roszkowski Christina A. Snyder Stephen R. Volk Alan W. Kornberg Marietta Morris Maxfield John F. Olson Robert F. Ruckman Steven Robert Sorenson Donald J. Volkert, Jr. Robert J. Krapf Adrianne C. Mazura John J. O'Malley Judith Runstad Susan S. Soussan J. Scott Vowell Emil F. Kratt Karen McAndrew Katherine H. O'Neil William Thomas Thomas E. Spahn Norman M. Waas Phyllis Kravitch Diana E McCarthy Kathryn L. Ossian Russell, Jr. Michael Spitzer Sol Wachtler Jane Kreusler-Walsh Daniel M. McClure Sarah Elizabeth Parker Miles N. Ruthberg Roger V. Stageberg Timothy B. Walker Scott C. Krist Steve McConnico Stephanie E. Parker George D. Ruttinger Walter K. Stapleton Howard T. Wall III William F. Kroener III Philip Spear McCune E. F. Parnell III Jennifer A. Rymell Jill Steinberg Liza M. Walsh Donald J. Kunz Gerald T. McDonald Donald F. Parsons, Jr. Robert W. Sacoff Marty Steinberg Rodman Ward, Jr. Stephen Thomas James Frederick Jeffrey R. Parsons Paul H. Saint-Antoine James L. Stengel Edward G. Warin LaBriola McKibben, Jr. J.A. (Tony) Patterson, Jr. Sara P. Sandford Margaret Deborah Stock Edward Todd Waters Peter V. Lacouture John B. McMillan Louis Robert Pepe Steven W. Sanford Mikel L. Stout Donald E. Weihl Thomas R. Lalla, Jr. James Allen Medford Roswell Burchard Gary L. Sasso Malcolm B. Street, Jr. Marilyn J. Wellington Jane F. Langan Mach Mark Menting Perkins Diana M. Savit Lyle E. Strom H. Thomas Wells, Jr. Thomas Ardell Larkin Michael J Mestayer Sandra N. Peuler Barry A. Schatz John F. Stroud, Jr. Jody R. Westby Myron E. LaRowe Richard E. Michaels John Vance Phelps Michael L. Schler Henry C. Su Willis P. Whichard Carter G. Phillips Douglas C. Lawrence Arthur M. Michaelson Sanford J. Schlesinger Thomas M. Susman Irving H. Picard Michael A. White Don LeDuc Donald M. Middlebrooks Stephen W. Schlissel Walter L. Sutton, Jr. Spiwe L.A. Pierce Patricia D. White William F. Lee Richard W. Millar, Jr. David A. Schwartz Thomas P. Sweeney Elizabeth R. K. James K. Lehman George Lloyd Miller James Pinto Russell Kenneth Scott Ronald J. Tabak Whittenbury David F. Levi Michael M. Miller R. Robert Popeo Tom Scott Deanell R. Tacha Lance B. Wickman Robert F. Lewis Retta A. Miller Susan Porter Richard Seabolt Roger H. Taft Richard S. Wiedman Edward M. Posner Edward James Leyden Ronald C. Minkoff Jon M. Sebaly John Anthony Tarantino John Dale Powers Clay R. Williams Jerome B. Libin Martha L. Minow David J. Seipp Lisa Michelle Tatum Lonnie A. Powers Thomas W. Mark G. Lichty Delmer R. Mitchell Anita Carr Shapiro Stephen L. Tatum Williamson, Jr. Meryl R. Lieberman William E. Powers, Jr. Kristen L. Mix Floyd Shapiro Harvey Mandell Jeffrey Lynn Willis Esther H. Lim William Morris Moffet Anne Pramaggiore Rita A. Sheffey Tettlebaum Marguerite Willis William J. Linkous, Jr. Steven F. Molo Whayne C. Priest, Jr. Myron M. Sheinfeld Edward A. Thomas Benjamin F. Wilson Martin Lipton Thomas J. Moloney Alan S. Rachlin William N. Shepherd Willard B. Thompson Charles B. Wolf Bradford L. Livingston Claude D. Montgomery Richard J. Rappaport Leopold Zangwill Sher George E. Thomsen Travers D. Wood Evan L. Loeffler James Douglas Dennis P. Rawlinson John A. Sherrill Richard L. Thornburgh Harry A. Woods, Jr. Deborah J. Long Montgomery Michael H. Reed David E. Shipley Samuel A. Thumma Vicki Wright Robert A. Longhi David C. Moody Pamela L. Reeves Wallace E. Shipp, Jr. Thomas Richard Tinder A. James Wriston, Jr. George T. Lowy Edward W. Moore Jr. Patricia Lee Refo Martin B. Shulkin Mart Tisdal Marla J. Luckert Thurston R. Moore Daniel Reidy Joel D. Siegal Bradley J. B. Toben L. Kinvin Wroth Thomas L. Ludington Rachel F. Moran Daniel A. Rezneck Lewis R. Sifford Preston Scott Wulfe Martin R. Lueck Patrick C. Morrow Paul F. Richard Carole Silver McCullough Torbert James B. Young Juanita B. Luis Robert S. Mucklestone Henry duPont Ridgely Richard A. Silver James E. Torgerson Stephen P. Younger Richard Charles Luis William J. Mueller Lauren Stiller Rikleen George M. Mary T. Torres Rafael X. Zahralddin- Carol Celeiro Lumpkin Earl H. Munson, Jr. James F. Rill Simmerman, Jr. Byron R. Trauger Aravena Martin E. Lybecker Linda Strite Murnane George R. Ripplinger, Jr. Geraldine C. Simmons John H. Trevena Michael S. Zetlin Barbara M.G. Lynn Larry Donald Murrell, Jr. Nelson Roach John G. Simon Mark Logan Tuft Philip Zhang Ted B. Lyon, Jr. Amy Lynn Neuhardt Kathryn E. B. Robb Sarah M. Singleton John E. Tull III Jia Zhao Judith N. Macaluso Cara Lee T. Neville Pamela Jane Roberts Alexander H. Slaughter Mark H. Tuohey III Carol Davis Zucker Eric N. Macey Lynn Fontaine Newsome J. Robert Robertson Thomas J. Smedinghoff Don H. Twietmeyer Howard Zucker Kathryn Grant Madigan John W. Norman R. Eric Robertson Thomas F. Smegal, Jr. Lynne Ann Ustach Edward J. Zulkey

www.americanbarfoundation.org • 2016 Annual Report 49 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.*

Anonymous Rhonda B. Ogle Cornerstone Organizations Elizabeth L. Ashley In Memory of Charles A. Snyder Ellen Berrey In Honor of Allstate Insurance Company Myron M. Studner Foundation Janet and Mark Price Robert L. Nelson AT&T Nelson Mullins Riley & Malcolm Beyer Ann Ramseyer and Scarborough LLP Hugo Kapelke The Bill & Melinda Gates Bruce C. Carruthers In Foundation Northrop Grumman Mr. and Mrs. Honor of Robert L. Nelson Corporation S. Donley Ritchey The California Bar Foundation Constance C. Carter Mr. and Mrs. Northwestern University: George B. Cauthen The California Community Harrison Robinson Foundation • Pritzker School of Law David W. Chapin Neil S. Rockind • Kellogg School of Management John L. Comaroff In The Chicago Community Trust Lawrence Rodowsky • The Graduate School Honor of Robert L. Neson Donohue Gallagher • Office of the Provost Mary Rose In Honor of Jan Cullinan and Woods LLP Robert L. Nelson • Weinberg College of Whitney Cunningham Arts and Sciences Elizabeth Roth Greenberg Traurig PA Lauren B. Edelman William Rowe Jenner & Block LLP Ogletree Deakins Nash Robin Edwards Smoak & Stewart PC Robert J. Sampson In John Deere & Company Virginia Furth Honor of Robert L. Nelson Global Law Services Paul Weiss Rifkind Bruce and Heidi Gillies Morgan Scott Wharton & Garrison LLP Kirkland & Ellis LLP Terence Halliday Susan Shapiro Sidley Austin LLP Foundation The Law School Anne W. Hetlage Edward D. Simsarian Admission Council UC Davis School of Law Alisha Holland Sharon Veta Snyder UCLA: Dr. and Mrs. John Holliman In Honor of Leadership Council on • Chicano Studies Research Charles A. Snyder and Legal Diversity Reuven J. Katz Center David Veta Snyder Legal Division of Oklahoma Sida Liu In Honor of • David J. Epstein Program in Joan P. Stacy In Memory Robert L. Nelson Health Care Authority Public Interest Law and Policy of Horace E. Stacy Ajay K. Mehrotra and Lorman Education Services • Office of the Executive Vice Jennifer Stephen Yamini Hingorani Chancellor and Provost Lucinda Underwood The Kenneth and Harle David H. Morse Montgomery Foundation • School of Law Susan Vazzano Elizabeth K. Moser on behalf of Bryant Garth Walmart David B. Wilkins In Honor Robert L. Nelson of Robert L. Nelson Microsoft Corporation Laura Beth Nielsen

*Gifts or pledges received as of December 31, 2016

50 American Bar Foundation • www.americanbarfoundation.org Personnel

Administration Ajay K. Mehrotra, Director Lucinda Underwood, Director of Communications, Development, and Operations Angelo Barone, Director of Finance (as of October 2016) Wencia Smithen, Director of Finance (through October 2016) Trish Roos, Manager, Administrative Services (as of August 2016) Katherine Schultz, Manager, Administrative Services (through April 2016) Erin Watt, Executive Assistant Manager of Information Services ABF Administrative Staff: (standing, left to right) T. Roos, E. Watt, L. Underwood, J. Perez, J. Montagne, W. Sachs, T. Watson, A. Connelly, A. Barone, K. Pace, E. Tuazon, E. Zizza, C. Blount, A. Mehrotra, N. Edgar Tuazon Shoop, M. Hodalj. Not pictured: T. Harrell, N. Nemo. IS Senior Support Specialist The Fellows of the Research Daniel Owings Nichelle Nemo American Bar Foundation Support Staff Simone Rivera Senior Writer; Editor, Kathleen D. Pace, Director of the Fellows Atinuke Adediran Michael Sabbagh Researching Law & Timothy Watson, Assistant Director of the Fellows Kathryn Albrecht Matthew Schneider ABF Annual Report Michelle Hodalj, Fellows Database Administrator Alondra Almaraz- Eric Seymour Camacho Katharine W. Hannaford Anna Connelly, Fellows Donor Services Ari Shaw (through September 2016) Coordinator Leila Blatt Connor Steelberg Natalie Shoop, Fellows Events Coordinator Danielle Banks Matilda Stubbs Grants Officer Deepa Das Acevedo Accounting Assistant Arielle Tolman Katharine W. Hannaford Veronica Davila (through September 2016) Tessie Harrell Frances Tung Fabiola Duran Elisa Zizza Indra Wechsberg Administrative Associates Pilar Escontrias Alexander Wind Publications Cheyenne Blount, Communications Associate Samantha Fenton Willa Sachs, Editorial (as of January 2016) Adrienne Frie Coordinator, Law and Jennifer Montagne, Communications Associate Spencer Headworth (as of October 2016) Social Inquiry; Program Sara Helwink Associate, Montgomery Julian Perez, Administrative Associate for Jessennya Hernandez Summer Research Diversity Academic Affairs (as of November 2016) Nicholas Hopkins Fellowship (as of October Kathryn Harris, Development & Communications 2016) Associate; Program Manager, Montgomery Aleschia Hyde Amanda Ehrhardt, Summer Research Diversity Fellowship Sarah Malik Editorial Coordinator, (through November 2015) David McElhattan Law and Social Inquiry &; Amy E. Schlueter, Administrative Associate Jeremy Neiss Administrative Associate for Development & Communications; Program Simone Oberschmied for Academic Affairs Coordinator, Center on Law & Globalization Jason Olson (through August 2016) (through July 2016)

www.americanbarfoundation.org • 2016 Annual Report 51 Personnel

Collaborating and Joshua Kaiser, Northwestern Research Group Affiliated Scholars University on Legal Diversity Atinuke Adediran, Fiona Kay, Queens University Leonard Bierman, Texas A&M University Northwestern University Sanja Kutnjak Ivkovich, Jamillah Bowman Williams, Georgetown Law Michigan State University Ellen Berrey, University of Traci Burch, Northwestern University, Politcal Science Rasmus Landersø, Rockwool Toronto Elizabeth Chambliss, University of South Carolina School Foundation James Bowers, St. John Fisher of Law Kay Lehman Schlozman, College Ronit Dinovitzer, ABF Faculty Fellow, University of Toronto, Boston College Henry Brady, University of Sociology Richard O. Lempert, California, Berkeley Bryant Garth, ABF Director Emeritus, University of California, University of Michigan Thomas M. Clarke, National Irvine Joanne Martin, American Center for State Courts Elizabeth Gorman, University of Virginia, Sociology Bar Endowment Jean Comaroff, Harvard Mitu Gulati, Duke University Law School University Ethan Michelson, Indiana University Bloomington John Hagan, ABF Research Professor, Northwestern University, Susan Coutin, University of Sociology and Law California, Irvine Sarah Morando Lakhani, John Heinz, ABF Research Professor Emeritus, Northwestern Flavio Cunha, Rice University University of California, Berkeley School of Law Law Emeritus Sarah Deer, Hamline University (J.D. candidate) William Henderson, Indiana University Maurer School of Law School of Law Monique Payne-Pikus, Jerry Kang, University of California, Los Angeles School of Law Justin Desautels-Stein, University of Texas at Austin University of Colorado Law Fiona Kay, Queens University, Canada, Sociology School Rodrigo Pinto, University Elizabeth Mertz, ABF Research Professor, University of California, Los Angeles Sara Dezalay, Cardiff University Wisconsin Law School Gabriele Plickert, California Yves Dezalay, Centre National Robert Nelson, ABF Director, Northwestern University, State Polytechnic University, de Recherche Scientifique, Paris Sociology and Law Pomona Markus Dirk Dubber, University Shaun Ossei-Owusu, Columbia Law School, Social Inequality Mary R. Rose, University of of Toronto Monique Payne-Pickus, ABF Affiliated Scholar, University Texas at Austin Mustafa Emirbarer, University of Texas at Austin Greg Shaffer, University of of Wisconsin-Madison Dylan Penningroth, ABF Research Professor, University of California, Irvine School of Law Zachary Elkins, University of California, Berkeley, History Carole Silver, Northwestern Texas at Austin Damon Phillips, Columbia University, Business University, Pritzker School of Gabriele Plickert, California State Polytechnic University, Stephen Engel, Bates College Law Pomona John Ferejohn, New York Joyce Sterling, University of Lauren Rivera, Kellogg School of Management University School of Law Denver, Sturm College of Law Mary R. Rose, University of Texas, Austin Holly Foster, Texas A&M David Thomson, University of University Denver, Sturm College of Law Rebecca Sandefur, ABF Research Social Scientist, University of Illinois, at Urbana-Champaign, Sociology Marco Francesconi, University David M. Trubek, University of Essex of Wisconsin Law School Carroll Seron, University of California Irvine, Social Ecology Nicole Gonzalez Van Cleve, Sidney Verba, Harvard Carole Silver, ABF Affiliated Scholar, Northwestern University, Temple University University Pritzker School of Law Paula Hannaford-Agor, Gregory Veramendi, Arizona Joyce Sterling, University of Denver, Sturm College of Law National Center for State State University András Tilcsik, University of Toronto, Rotman School of Courts Mila Versteeg, University of Management Anna Hanson, Northwestern Virginia School of Law David Wilkins, ABF Affiliated Scholar, Harvard Law School University Alaka Wali, Field Museum of Victoria Saker Woeste, ABF Research Professor Spencer Headworth, Purdue Natural History Albert Yoon, University of Toronto, Faculty of Law University Jill Weinberg, Tufts University Richard Holden, University of David B. Wilkins, Harvard New South Wales, Australia University Law School Aziz Huq, University of Chicago Hongqi Wu, China University Law School of Political Science and Law Philip Edward Jones, University Hye Young You, Vanderbilt of Delaware University

52 American Bar Foundation • www.americanbarfoundation.org Rule of Law Cian Murphy, King’s College Jack Jin Gary Lee, University of California, Research Consortium, Smoki Musaraj, Ohio University San Diego World Justice Project Robert Nelson, Co-Chair, American Bar Sida Liu, ABF Faculty Fellow, Assistant Professor, University of Toronto Benito Arrunada, University Pompeu Foundation and Northwestern University Fabra Eric Neumayer, London School of Anna-Maria Marshall, Professor, University of Illinois Tim Besley, London School of Economics Economics Alyx Mark, Assistant Professor, North Nehal Bhuta, European University Institute Randy Peerenboom, La Trobe University Central College Juan Botero, World Justice Project Aparna Polavarapu, University of South Carolina César F. Rosado Marzán, Associate Rosa Brooks, Georgetown University Alejandro Ponce, Co-Chair, World Professor, IIT-Chicago Kent College of Law David Caron, King’s College London Justice Project Carlo A. Pedrioli, Associate Professor, Thomas Carothers, Carnegie Endowment Jothie Rajah, American Bar Foundation Barry University School of Law Nick Cheesman, Australian National University of Stephen C. Nelson, Professor, University Anita Ramasastry, Washington Northwestern University Yu-Chien Chang, Academica Sinica Bo Rothstein, University of Gothenburg Russell K. Robinson, Professor, University Albert Chen, Hong Kong University of California, Berkeley School of Law Joel Samuels, University of South Carolina Adam Chilton, University of Chicago Robert Vargas, Assistant Professor, Kim Lane Scheppele, Princeton University John Comaroff, Harvard University University of Notre Dame David Shirk, University of San Diego Mariano-Florentino Cuéllar, Stanford Harvard University Doctoral Fellows University Andrei Shleifer, Svend-Erik Skaaning, Aarhaus University Andrew S. Baer, History, Northwestern Kevin Davis, New York University Gordon Smith, University of South University, 2014-16 Larry Diamond, Stanford University Carolina Amanda Hughett, History, Duke Brad Epperly, University of South Carolina Kellye Testy, University of Washington University, 2015-16 Julio Faundez, University of Warwick Francesco Trebbi, University of British Joshua Kaiser, Law and Sociology, Julio Rios Figueroa, Centro de Columbia Northwestern University, 2016-17 Investigación y Docen- cia Económicas Renata Uitz, Central European University Ayobami Laniyonu, Political Science, Bryant Garth, University of California- University of California, Los Angeles, Paris School of Economics Irvine Thierry Verdier, 2016-17 Mila Versteeg, University of Virginia James Gathii, Loyola University Chicago Jeffrey Omari, Anthropology, University Stefan Voigt, University of Hamburg Tom Ginsburg, Co-Chair, University of of California, Santa Cruz, 2016-17 Chicago and American Bar Foundation Barry Weingast, Stanford University David McElhattan, Sociology, Jon Gould, American University Bruce Western, Harvard University Northwestern University, 2016-17 Gillian Hadfield,University of Southern Jennifer Widner, Princeton University Andrea Miller, Psychology & Law, California Michael Woolcock, World Bank University of Minnesota, 2015-16 John Hagan, Northwestern University Qianfan Zhang, Peking University Emma Shakeshaft, Sociology, University of Wisconsin-Madison Gretchen Helmke, University of Rochester Peer Zumbansen, King’s College London Matthew Shaw, Education, Harvard Susan Hirsch, George Mason University Visiting Scholars University, 2015-16 Aziz Huq, University of Chicago Leslie Abramson, Independent Scholar Erik Jensen, Stanford University Members of the Wheeler Swethaa S. Ballakrishnen, Postdoctoral Hamid Khan, George Washington Associate, New York University Abu Dhabi External Research Review Panel University Susan Block-Lieb, Professor, Fordham Professor Richard Brooks, Yale Law School Rachel Kleinfeld, Carnegie Endowment University School of Law Professor Stewart Macaulay, University of Jack Knight, Duke University Kevin Escudero, Postdoctoral Fellow, Wisconsin School of Law Timur Kuran, Duke University Brown University Professor Michael McCann, Comparative Margaret Levi, Stanford University Dermot Feenan, University of Portsmouth Law and Society Studies Center, University of Washington Katerina Linos, University of California, School of Law, United Kingdom Department Berkeley Holly Foster, Associate Professor, Texas Professor Sally Engle Merry, of Anthropology, New York University Beatriz Magaloni, Stanford University A&M University Professor Jennifer Robbennolt, University Jenny Martinez, Stanford University Erika George, Professor, S.J. Quinney of Illinois College of Law Daniel Mejia, University of Los Andes College of Law, University of Utah Ian Hurd, Professor, Northwestern Professor Robert Sampson (Chair), James Melton, University College London Department of Sociology, Harvard University Sally Engle Merry, New York University University

www.americanbarfoundation.org • 2016 Annual Report 53 Financial Report 2015–2016

Statement of Financial Position Fiscal Years Ended August 31, 2016 and 2015

August 31, 2016 August 31, 2015

Assets Cash and cash equivalents $974,802 $464,091 Long-term investments 22,577,108 22,211,263 Receivables and other 588,891 138,280 Prepaid expenses 11,689 18,578 Property and equipment 126,407 160,760

Total Assets $24,278,898 $22,992,972 Liabilities Accounts payable and other accrued expenses 543,805 402,187 Deferred revenues 141,125 1,000 Deferred rent liability 403,214 503,924 Pension liability 1,508,145 1,118,108

Total Liabilities 2,596,289 2,025,219

Net Assets Unrestricted 14,520,514 14,297,198

Temporarily restricted 3,268,642 2,799,752 Permanently restricted 3,893,453 3,870,802

Total Net Assets 21,682,609 20,967,753

Total Liabilities and Net Assets $24,278,898 $22,992,972

Notes: These financial statements were abstracted from the Foundation's August 31, 2016 financial statements which were audited by Plante & Moran, PLLC.

54 American Bar Foundation • www.americanbarfoundation.org Statement of Activities Fiscal Years Ended August 31, 2016 and 2015

August 31, 2016 August 31, 2015

Revenue – Unrestricted in FY American Bar Endowment grant $3,247,417 $3,012,372 The Fellows of the American Bar Foundation 1,896,493 1,751,060 ABF Endowment annual spending allowance 1,253,726 1,099,613 National Science Foundation grants 189,569 114,892 Other grants, contributions and support 272,129 181,763 Total Revenues $6,859,333 $6,159,700 Expenses Research activities 3,496,374 3,511,864 Fellows’ services (net of event revenue) 595,865 546,529 Law & Social Inquiry 160,885 103,341 Liaison research 1,591 6,028 Academic affairs and fellowships 307,681 207,834 Development and fundraising 403,863 390,788 Administration and facilities 1,487,619 1,323,331

Pension expense 432,564 79,201 Total Expenses $6,886,444 6,168,906

Results from Operations – Unrestricted in FY (27,111) (9,206)

Notes: These financial statements were abstracted from the Foundation's August 31, 2016 financial statements which were audited by Plante & Moran, PLLC.

www.americanbarfoundation.org • 2016 Annual Report 55 Allocation of Funding

FY 2015–2016 American Bar Foundation Research Projects

15% Law and Globalization

12% Legal Profession/ Legal Education

18% Criminal Justice

16% Access to Justice

21% Law and Diversity

18% Other Research Programs

56 American Bar Foundation • www.americanbarfoundation.org In Memoriam

Robert MacCrate Robert (Bob) MacCrate, Life Leadership Fellow and former President of the American Bar Foundation, American Bar Association, and New York State Bar Association, died on April 6, 2016 in Plandome, N.Y. at the age of 94. Bob MacCrate was a hero in many ways: to his country, to his profession, and, not least, to the American Bar Foundation. After serving with the U.S. Navy, Bob earned a law degree from Harvard University. He joined the Manhattan-based law firm Sullivan & Cromwell in 1948, becoming partner in 1956. From 1959-1962, he was general counsel to New York Governor Nelson Rockefeller. In 1969 Bob was appointed special civilian counsel to the Department of the Army during its investigation of the 1968 My Lai Massacre in South Vietnam, traveling to South Vietnam, visiting the site of massacre and interviewing eyewitnesses. From 1972-73, Bob served as president of the New York State Bar Association. He served as president of the American Bar Association from 1987-88. As ABA president, his landmark achievements included the creation of Commission on Women in the Profession and serving as Chair of the ABA Task Force on Law Schools and the Profession. The Task Force’s report, often referred to as The MacCrate Report, is considered an invaluable resource for modern legal education. Bob sat on the Board of the American Bar Foundation from 1987-1998 and served as our president from 1996-1998. During his tenure as ABF President, Bob initiated the first long-range planning initiative for the organization, delivering the task force report in 1996. In many ways, the task force Bob convened twenty years ago anticipated the opportunities and challenges the ABF faces today: a commitment to a residential research faculty, growing our body of scholars in number and in disciplines, and the commitment to research projects with the greatest possible visibility and impact on our profession and our society. Bob was an early Life Leadership Fellow, founding the first endowed research chair at the ABF, the Robert and Connie MacCrate Chair in the Legal Profession, held by ABF Director Emeritus Robert L. Nelson since 2003. Bob’s contributions to the understanding of the legal profession and vital interdisciplinary research have had a profound and lasting impact on the ABF. His contributions to the ABF, like so many of his contributions to our system of justice, will always be honored and remembered. Non-Profit Org. U.S. Postage Paid Palatine P&DC 750 North Lake Shore Drive, 4th Floor Permit #7133 Chicago, IL 60611 www.americanbarfoundation.org

Annual Repor t 2016