Learning and Practicing Law Protecting Rights, Accessing Justice Making and Implementing Law Annual Report 2017 Learning and Practicing Law Protecting Rights, Accessing Justice Making and Implementing Law 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 19 Research Faculty 19 Research Professors 27 Affiliated Research Professors 28 Faculty Fellows 30 Research Social Scientists 32 Selected Publications 35 ABF Publications 35 Law & Social Inquiry 35 Researching Law 36 Recent Major Media Coverage and Faculty Op-Eds 37 Liaison Research Services Program 38 Montgomery Summer Research Diversity Fellowships in Law and Social Science for Undergraduate Students 39 Doctoral Fellowship Programs 40 Sponsored Programs 41 Research Funds 42 Presentations at the ABF 2017 43 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 2016–17 56 Allocation of Funding FY 2016–17 Inside back cover In Memorian: William T. (Bill) Robinson III www.americanbarfoundation.org • 2017 Annual Report 1 Introduction to the American Bar Foundation Mission The American Bar Foundation (ABF) seeks to expand knowledge and advance justice through innovative, interdisciplinary, and rigorous empirical research on law, legal processes, and legal institutions. To further this mission the ABF will produce timely, cutting-edge research of the highest quality to inform and guide the legal profession, the academy, and society in the United States and internationally. The American Bar Foundation is among the world's leading research institutes for the interdisciplinary and 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 United States and the world. The Foundation is committed to broad dissemination of its research findings to the organized bar, scholars, and the public. The results are published in a wide range of forums, including leading academic journals, law reviews, and academic and commercial presses. Research Faculty The research program of the American Bar Foundation is implemented through the projects designed and conducted by the members of the ABF’s resident research faculty. ABF Research Professors are among the leading scholars in their disciplines, which include anthropology, economics, history, law, political science, psychology, and sociology. A research project is undertaken only after completion of a very extensive review process. The internal review committee, an external review panel, the Research Committee of the ABF Board, and ultimately the Board of Directors must conclude that the proposed study will make a significant contribution to the field and that the research can be carried out with the appropriate standards of integrity, human subjects protection, and scholarship. Funding The Foundation extends special thanks to the American Bar Endowment (ABE). The American Bar Endowment’s grant of $3,414,720.00 in fiscal year 2016-17 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 2016–2017 2017–2018 Officers and Ex Officio Officers and Ex Officio Directors Linda A. Klein Directors Hilarie Bass President President, President President, American Bar Association American Bar Association Ellen J. Flannery Ellen J. Flannery 2016–2017 2017–2018 Washington, D.C. Washington, D.C. Hilarie Bass Robert M. Carlson Vice-President Vice-President President-Elect, President-Elect, David S. Houghton American Bar Association David S. Houghton American Bar Association Omaha, NE 2016–2017 Omaha, NE 2017–2018 Treasurer G. Nicholas Casey, Jr. Treasurer Deborah Enix-Ross Jimmy K. Goodman Treasurer, Jimmy K. Goodman Chair, House of Delegates, Oklahoma City, OK American Bar Association Oklahoma City, OK American Bar Association 2014–2017 2016–2018 Secretary Secretary E. Thomas Sullivan Robert A. Clifford E. Thomas Sullivan Michelle A. Behnke Burlington, VT Chair of the ABA Fund for Burlington, VT Treasurer, Justice and Education Council American Bar Association 2017–2020 Hon. Mariano- Deborah Enix-Ross Michael H. Byowitz Florentino Cuéllar Chair, House of Delegates, New York, NY J.A. (Tony) Patterson, Jr. Stanford, CA American Bar Association Jennifer Chacón President, (through May 2016) 2016–2018 Irvine,CA American Bar Endowment Doreen D. Dodson J.A. (Tony) Patterson, Jr. Doreen D. Dodson Robert A. Clifford St. Louis, MO President, St. Louis, MO Chair of the Council of the George S. Frazza American Bar Endowment Fund for Justice and Education George S. Frazza New York, NY Daniel B. Rodriguez New York, NY Daniel B. Rodriguez Hon. Sophia H. Hall Dean, Northwestern Dean, Northwestern University Hon. Sophia H. Hall Chicago, IL University School of Law Pritzker School of Law Chicago, IL Kay H. Hodge Michael H. Byowitz The Fellows Kay H. Hodge Boston, MA Chair, the Fellows of the American Bar Foundation Boston, MA Rew R. Goodenow Judy Perry Martinez Chair, the Fellows of the Rew R. Goodenow Judy Perry Martinez New Orleans, LA American Bar Foundation Chair-Elect, the Fellows of New Orleans, LA Harold D. Pope III Reginald Turner the American Bar Foundation Harold D. Pope Southfield, MI Chair-Elect, the Fellows of Reginald M. Turner Detroit, MI the American Bar Foundation Lauren Robel Secretary, the Fellows of the Lauren Robel Bloomington, IN American Bar Foundation Ellen M. Jakovic Bloomington, IN Secretary, the Fellows of Hon. Ellen F. Rosenblum Executive Committee Andrew M. Schpak the American Bar Foundation Salem, OR Ellen J. Flannery, Chair Portland, OR Special Advisor Andrew M. Schpak Michael H. Byowitz Walter L. Sutton, Jr. Portland, OR Kathleen J. Hopkins Jimmy K. Goodman Dallas,TX Walter L. Sutton, Jr. Kay H. Hodge Executive Committee Dallas, TX David S. Houghton Ellen J. Flannery, Chair E. Thomas Sullivan Rew R. Goodenow Walter L. Sutton, Jr. Jimmy K. Goodman Special Advisors Kay H. Hodge David S. Houghton Kathleen J. Hopkins E. Thomas Sullivan Hon. Cara Lee T. Neville (Ret.) Walter L. Sutton, Jr. Immediate Past Chair, the Fellows of the American Bar Foundation www.americanbarfoundation.org • 2017 Annual Report 3 Fellows Research Advisory Committee Mission Members Emeritus Members The Fellows Research Advisory Committee Amelia H. Boss John B. Attanasio (FRAC) works with the Director of the ABF Sandra J. Chan N. Cornell Boggs III and the officers of the Fellows to organize Don S. De Amicis Michael H. Byowitz the Fellows Research Seminars each year Michael E. Flowers Ellen J. Flannery and serves as a bridge between the research Sharon Stern Gerstman Denise R. Johnson program of the American Bar Foundation Rew R. Goodenow Earl Johnson, Jr. and the profession, including the practicing Andrew Joshua Markus Thomas E. Kopil bar, the judiciary, and legal education. Peter M. Reyes Jr. Graydon Dean Luthey, Jr. Kevin L. Shepherd Robert E. Lutz II Mary L. Smith Norman Redlich* Reginald Turner Delissa A. Ridgway Miriam Shearing Viola J. Taliaferro *Deceased 4 American Bar Foundation • www.americanbarfoundation.org Past Presidents of the American Bar Foundation 2014–2016 David A. Collins 1980–1982 John J. Creedon 2012–2014 Hon. Bernice B. Donald 1978–1980 Robert W. Meserve* 2010–2012 William C. Hubbard 1976–1978 Bernard G. Segal* 2008–2010 Richard Pena 1974–1976 Maynard J. Toll* 2006–2008 David K.Y. Tang 1971–1974 Hon. Erwin N. Griswold* 2004–2006 Robert O. Hetlage* 1968–1971 Lewis F. Powell* 2002–2004 M. Peter Moser* 1965–1968 Ross L. Malone* 2000–2002 Jacqueline Allee 1964–1965 William T. Gossett* 1998–2000 Kenneth J. Burns, Jr.* 1960–1964 Whitney North Seymour* 1996–1998 Robert MacCrate* 1959–1960 John D. Randall* 1994–1996 John C. Deacon* 1958–1959 Ross L. Malone* 1992–1994 Robert W. Bennett 1957–1958 Charles S. Rhyne* 1990–1992 Wm. Reece Smith, Jr.* 1956–1957 David F. Maxwell* 1988–1990 H. William Allen 1955–1956 E. Smythe Gambrell* 1986–1988 Randolph W. Thrower* 1954–1955 Loyd Wright* 1984–1986 F.