Faculty activities

Bruce Ackermanlectures and addresses

• Reopening of the Congresshalle (House of World Cultures), Berlin, Germany, “Fear of the People” publications

• The Holmes Lectures: The Living Constitution, 120 Harv. L. Rev. 1727 (2007)

• Dealing with the Worst, Guardian (U.K.) (May 21, 2007)• Japan’s Revolution Is Far Too Quiet, Foreign Policy

(June 1, 2007) (with N. Kawagishi)• The King is Dead. Long Live the King?, Guardian (U.K.)

(June 15, 2007)• Down with Plutocrats and Fat Cat Donors, Slate

(June 25, 2007) (with I. Ayres)• What We Owe Suspected Terrorists, Guardian (U.K.)

(July 23, 2007)• The Risks of Playing Politics with the Military, Fin. Times

(September 5, 2007)• An Inheritance for All, Am. Prospect Online (with A.

Alstott) (October 4, 2007)• Inherit the Windfall, Guardian (U.K.) (October 11, 2007)

(with A. Alstott)

Anne L. Alstottlectures and addresses

• Conference on Children, Family, and the State, University of Montreal, “Liberal Equality and Child Development”publications

• War, Taxes, and Income Redistribution in the Twenties: The 1924 Veterans’ Bonus and the Defeat of the Mellon Plan, 59 Tax L. Rev. 373 (2006)

• Why Poor Kids Can’t Find a Dentist, Slate (May 29, 2007)

• Inherit the Windfall, Guardian (October 11, 2007) (with B. Ackerman)

• An Inheritance for All, Am. Prospect Online (October 4, 2007) (with B. Ackerman)

Ian Ayreslectures and addresses

• Equal Opportunities Conference, Rome, “Narrow Tailoring Positive Action”

• Triangle L&E Conference, Duke University, “Anonymity Because”

• 15th Economia Panel Meeting, Yale University, Comments on Campaign Finance

• Economics Department, Yale University, “Dare to Diversify”

• London School of Economics, “Why Thinking-By-Numbers is the New Way to Be Smart”

• Commonwealth Club Bay Area, Yale Law School Seattle Alumni Association, “Super Crunchers”

• Stanford, NYU, and Yale Law Schools, “Buying Stock on Margin Can Reduce Risk”publications

• Super Crunchers: Why Thinking-By-Numbers is the New Way to Be Smart (2007)

• Seeing Significance: Is the 95% Probability Range Easier to Perceive?, 20 Chance 11 (Winter 2007) (with A. Ayres-Brown & H. Ayres-Brown)

• Market Power and Inequality: A Competitive Conduct Standard for Assessing When Disparate Impacts are Justified, 95 Cal.L. Rev. 669 (2007)

• Comment on Jolls’s Behavioral Law and Economics, Behavioral Economics and its Applications (P. Diamond & H. Vartiainen eds., 2007)

• How Computers Routed the Experts, Fin. Times (August 31, 2007)

• You Found a Better Idea, Parade (July 8, 2007) (with B. Nalebuff)

• Streamline Tax Filing, Yale Law Report 48 (Summer 2007)

• Down With Plutocrats and Fat Cat Donors, Slate (June 25, 2007) (with B. Ackerman)

• Do You Have A Better Idea?, Parade (March 25, 2007) (with B. Nalebuff)

• Experiment, Forbes 103 (September 03, 2007)• Cupid and Colleges, Forbes 87 (May 9, 2007)• Now, The Customer’s Always Managed, Public Radio’s

Marketplace (Oct. 8, 2007)

Bruce Ackerman

Anne L. Alstott

Ian Ayres

20 | 21 Y L r Winter 2008

• Did you use that gift card or rebate?, Public Radio’s Marketplace ( August 9, 2007)

• For Many, Forms Could Be a Lot Less Taxing, Public Radio’s Marketplace (April 16, 2007)

Jack M. Balkinlectures and addresses

• Access to Knowledge Conference, Yale Law School, “Two Ideas for Access to Knowledge — The Infrastructure of Free Expression and Margins of Appreciation”

• American Political Science Association annual convention, Chicago, panel discussion on the New Originalism

• Conference on the Scholarship of Mark Tushnet, Quinnipiac Law School, Hamden, CT, “Constitutional Hardball and Constitutional Crises”

• Conference on Access to Media, George Washington University Law Center, “Media Access: A Question of Design”publications

• 13 Ways of Looking at Dred Scott, 82 Chi.-Kent L. Rev. 49 (2007) (with S. Levinson)

• How New Genetic Technologies Will Transform Roe v. Wade, 56 Emory L. J. 843 (2007)

Guido Calabresilectures and addresses

• Workshop of the North American Consortium on Legal Education, “The Importance of Comparative North American Legal Education” and remarks in honor of Professor Stephen Zamora, recipient of the Order of The Aztec Eagle from the Mexican government

• Class Day Address, Harvard Law School Commencement, Cambridge

• The Cambridge Lectures 2007, Canadian Institute for Advanced Legal Studies, Cambridge, England, “Speaking the Unspeakable”

• Opening Ceremony of Israel@Sixty, Jewish Federation of Greater New Haven, Woodbridge, CT, introductory remarks for Justice Aharon Barak

Morris L. Cohenlectures and addresses

• American Lawyers Collecting Rare Law Books , University of Lund, Sweden, “To Collect the Minds of the Law”publications

• Researching Legal History in the Digital Age, 92 Law Libr. J. 377–393 (2006)

• Legal Research in a Nutshell, 9th edition, (2007) (with K. Olsen)

Dennis E. Curtispublications

• Representing Justice: From Renaissance Iconography to Twenty-First Century Courthouses, Henry le Barre Jayne Lecture, 151 Proceedings of the American Philosophical Society 139 (2007) (with J. Resnik)

Mirjan R. Damas̆kalectures and addresses

• Colloquium on Comparative Law, Columbia Law School, “Making Sense of the Goals of International Criminal Justice”

• Addressed the Committee of the Croatian Justice Ministry, charged with preparing the Draft of a new Code of Criminal Procedurepublications

• L’incerta Identita delle Corti Penali Internazionali, Criminalia, Annuario di Scienze Penalistiche 9–55 (2006)

• The Jury and the Law of Evidence: Real and Imagined Interconnections, 5 Law, Probability, and Risk, 255–265 (2006)

• O Nekim Ucincima Stranacki Oblikovanog Pripremnog Kaznenog Postupka (On Some effects of the Party-Driven Pre-trial Proceedings in Criminal Cases), 14 Hrvatski Ljetopis za Kazneno Pravo i Praksu (Croatian Annual Of Criminal Law and Practice) 3–14 (2007)

Jack M. Balkin

Guido Calabresi

Dennis E. Curtis

Mirjan R. Damas̆ka

Morris L. Cohen

˘ Faculty Activities

Drew S. Days, IIIawards and recognition

• Judge Jane Bolin Public Service Award presented at Inaugural Black Yale Law School Association Alumni Dinner, New Haven

• Trailblazer Award from the Northeast People of Color Legal Scholar Conference, Dartmouth, MAlectures and addresses

• Panelist, American Constitution Society, National Press Club, Washington, D.C., “Review of the Supreme Court 2006–2007 Term”

• Panelist, American Bar Association Annual Meeting, San Francisco, “The Roberts Court: Where It’s Gone and Where It’s Going”

• Panelist, American Academy of Appellate Lawyers Fall Meeting, Boston, “Dialogue Between Practitioners and Judges”

• Presenter, Yale University Women’s Organization, New Haven, “Assessing the Roberts Court”

• Co-Presenter, India-Yale Parliamentary Leadership Program, New Haven, “Affirmative Action in Employment and Education”

John J. Donohue IIIappointments

• Visiting Lecturer in Law and Economics, Gerzensee Study Center, Switzerlandlectures and addresses

• Law and Economics Workshop, St. Gallen Law School, Switzerland, “Empirical Evaluation of Law: The Impact on U.S Crime Rates of Incarceration, the Death Penalty, Guns, and Abortion”

• Russell Sage Foundation, New York, “Assessing the Relative Benefits of Incarceration: The Overall Change Over the Previous Decades and the Benefits on the Margin”

• Workshop on Crime Trends, National Academy of Sciences, Washington, D.C., Comment on Eric Baumer’s “A Comprehensive Assessment of the Contemporary Crime Trends Puzzle”

• Faculty Workshop, Tel Aviv University School of Law, “Can You Believe Econometric Evaluations of Law, Policy, and Medicine?”

• Faculty Workshop, University of Haifa Law School• Law and Economics Workshop, Georgetown Law

School• Tel Aviv University School of Law, mini course on

Empirical Law and Economicspublications

• Economics of Labor and Employment Law: Volumes I and II (ed., 2007)

• Economic Models of Crime and Punishment, Social Research, Vol. 74, No. 2 (Summer 2007)

• Rethink the War on Drugs, Yale Law Report (Summer 2007)

• More Cops, The Brookings Institution Policy Brief 158, (March 2007) (with J. Ludwig)

Steven B. Dukepublications

• Does Miranda Protect the Innocent or the Guilty?, 10 Chapman L. Rev. 551 (Spring 2007)

• Abuse of the Litigation Process in the United States, in Chinese Academy of Social Sciences, International Conference on Abuse of Process (Dec. 2006)

Robert C. Ellicksonlectures and addresses

• Economics and Sociology Workshop and Law and Public Affairs Seminar, Princeton University, “Unpacking the Household”

• Dean’s Introductory Lecture, Yale Law School, “New Haven: Some Unsung Virtues”publications

• Comparative Institutional Competence, in Losing Ground: A Nation on Edge 271–80 (J. R. Nolon & D. B. Rodriguez eds., 2007); Unpacking the Household: Informal Property Rights Around the Hearth, 116 Yale L.J. Pocket Part 336, available at http://thepocketpart.org/2007/04/16/ellickson.html

Daniel C. Estylectures and addresses

• Harvard Business School, “Green to Gold: How Smart Companies Use Environmental Strategy to Innovate, Create Value, and Build Competitive Advantage”

• New England Business Council, “Green to Gold: What’s the problem that needs to be solved?”

• U.S. Environmental Protection Agency, “Green to Gold: Lessons for EPA Officials”

• U.S. Embassy, Brussels, “Green to Gold”• Salzburg Seminar, Salzburg, Austria, “What Next?: Eco-

Innovation and New Global Growth Platforms”• World Environment Council Colloquium on Media

Reporting of Sustainable Development: “Green to Gold: A New Environmental Model”

• The Conference Board Sustainability Conference, “How Sustainability Thinking Generates Innovation, Value Creation, and Competitive Advantage”

• Connecticut Business and Industry Association, “Green to Gold”

• INSEAD, Fontainebleau, France, “Green to Gold: The New Environmental Imperative for Business”

• Wharton Global Alumni Forum, San Jose, Costa Rica, “Green to Gold: Bringing the Environment into Corporate Strategy”

Drew S. Days, III

Steven B. Duke

Robert C. Ellickson

Daniel C. Esty

John J. Donohue III

22 | 23 Y L r Winter 2008

• The Aspen Institute Ideas Festival, “Can we Stop Global Warming without Stopping the Global Economy?”

• The Yale Women’s Forum, “A Revolution in Environmental Law”

• The World Business Forum, New York, “New Strategies for an Environmentally Sensitive World”

• Siebel Scholars Conference, University of California at Berkeley, “Potential Sources of Alternative Energy”

• Wildlife Habitat Council, Baltimore, Maryland, “Green to Gold”publications

• Beyond Kyoto: Learning from the Montreal Protocol, in Architectures for Agreement: Addressing Global Climate Change in the Post-Kyoto World (J. Aldy & R. Stavins eds., 2007)

• The Promise of Data-Driven Policymaking, XXIII Issues in Science and Technology 4 (with R. Rushing) (Summer 2007)

• Is China Turning Green?, Fortune (May 14, 2007)• Good Governance at the World Trade Organization:

Building a Foundation of Administrative Law, 10 (3) J. Int’l Econ. L. 509

• Final Word, 116 Fast Company 112• Governing by the Numbers: The Promise of Data Driven

Policymaking in the Information Age, Center for American Progress (with R. Rushing), April 2007

Owen M. Fissprofessional highlights

• Co-director, Seminario en Latinoamérica de Teoría Constitucional y Política, San Juan, Puerto Rico, Conference on “Law and Culture”elections

• Chair, Board of Directors, Iran Human Rights Documentation Center, New Havenlectures and addresses

• Dean Alfange Lecture, University of Massachusetts at Amherst, “The Perils of Minimalism”

• First Annual Cegla Lecture, Tel Aviv University, “The Perils of Minimalism”publications

• The Challenge Ahead, published in the Seattle Post-Intelligencer under the title Sometimes There is No Other Way to Achieve Integration, and published in the Louisville Courier-Journal under the title A Compelling Basis for Integration: Study of Louisville’s Case Offers Parameters

• The Law as it Could Be, published in Spanish as El derecho como razón publica, Marcial Pons (2007)

• Comentario sobre la globalizacion y poder ejecu-tivo, Seminario en Latinoamérica de Teoría Constitucional y Política (2007)

• Within Reach of the State Prosecuting Atrocities in Africa, 32 B. Rev. 5 (Sept–Oct 2007)

Heather Gerkenlectures and addresses

• Democracy Index Conference, Ohio State University, “Getting From Here to There in Electoral Reform”

• American Constitution Society, 2007 National Convention, “Moving Forward in the States and Cities”

• Tobin Project, Democratic Institutions Working Group, Cambridge, MA, “Getting from Here to There in Election Reform”

• Broader Democracy Agenda: A Visioning Exercise, Joyce Foundation, “Three Obstacles to Election Reform”

• 2007 Academics’ Conference, AEI-Brookings Election Reform Project, “The Democracy Index”

• Symposium Honoring Laurence Tribe, University of Tulsa Law School, “Larry and Lawrence”

• Symposium on Our Undemocratic Constitution, Drake Law School, “The Hydraulics of Constitutional Reform”publications

• The Hydraulics of Constitutional Reform: A Skeptical Response to Our Undemocratic Constitution, 55 Drake L. Rev. 925 (2007)

• A New Agenda for Election Law Scholarship, available at Balkinization (series of posts dated June 18–22, 2007)other professional highlights

• Took part in a conference on the “Democracy Index,” sponsored by the Pew Foundation, the AEI-Brookings Election Reform Project, the Joyce Foundation, and the Mortiz College of Law at Ohio State University

• Organized and ran conference on electoral reform for the Tobin Project, Democratic Institutions Working Group

Henry Hansmannelections

• Elected to be a Fellow of the American Academy of Arts and Scienceslectures and addresses

• Stresa Lectures, Rome and Stresa, Italy, “International Competition for Judicial Services”

• Paper presentation, annual conference of the International Society for the New Institutional Economics, Reykjavik, Iceland, “A Global Market for Judicial Services”

Owen M. Fiss

Heather Gerken

Henry Hansmann

˘ Faculty Activities

• Lecture, INSEAD, Fountainbleau, France, “Ownership and Organizational Form”

• Graduation Speech, INSEAD, Fountainbleau, France, “The Fifth Stage of Capitalism”

• Keynote Lecture, annual meeting of the European Association for Law and Economics, Copenhagen, Denmark, “Exit, Voice, and Liability: Legal Dimensions of Organizational Structure”

Oona A. Hathawayappointments

• Senior Research Fellow in International and Area Studies for the MacMillan Center, Yale Universitylectures and addresses

• Stanford University, Conference on International Regimes, “New Challenges to International Regimes”

• American Political Science Association Conference, “Why Do Nations Join Human Rights Treaties?”

• New America Foundation Annual Retreat, “The Changing Face of Globalization”

• Stanford University, International Law Colloquium, “International Delegation and Domestic Sovereignty”

• Georgetown University School of Law, International Law Colloquium, “International Delegation and Domestic Sovereignty”

• University of Wisconsin-Madison School of Law & Department of Political Science, “Treaties’ End: The Past, Present, and Future of International Lawmaking in the United States”

• Fordham Law School Symposium on International Law and the Constitution: Terms of Engagement, “What Does International Rule of Law Mean for the United States?”publications

• Domestic Enforcement of International Law: Hamdan v. Rumsfeld, Stories in International Law (2007)

• Why Do Nations Join Human Rights Treaties?, 51 J. Conflict Resolution 588 (2007)

• The Continuing Influence of the New Haven School, Yale J. Int’l L. 553 (2007)

• Why We Need International Law, The Nation (2007)

Christine Jollslectures and addresses

• American Law and Economics Association Annual Meeting, “The New Market for Federal Judicial Law Clerks”

• Law and Economics Seminar, University of Southern California Law School, “Mandated Medical Leave in the Workplace”

publications• The New Market for Federal Judicial Law Clerks,

U. Chi. L. Rev. 2007 (with C. Avery, R. A. Posner & A. E. Roth)

Paul W. Kahnlectures and addresses

• Scarpa Conference, Villanova Law School, “Charisma and the Foundation of Judicial Authority”

• SELA Conference, San Juan, Puerto Rico, “Managing Violence: Acoustic Separation, Memorials and Scapegoats”

• Dept. of History, Columbia University, “Torture”

Harold Hongju Kohappointments, awards, elections

• Appointed Professor in International and Area Studies, the MacMillan Center, Yale University

• Honorary Doctor of Humane Letters, Iona College• Inducted into American Philosophical Society• Elected Member, American Law Institute (ALI) Council• 2007 Lawdragon 500 Leading Lawyers in America• Connecticut Bar Association Young Lawyers Section

2007-08 Diversity Award• 2007 Pacific Islander, Asian, and Native American

(PANA) 2007 Distinguished Service Award• Appointed Counselor to the American Society of

International Law (ASIL)• Harvard Kennedy School of Government Visiting

Committee • Elected to Board of American Arbitration Association

legal consultation or testimony• Affidavit in Guzman v. Chertoff (CD Cal.2007)• Testified before the War Powers Commission Panel on

the War Powers Resolution• Egyptian Human Rights Briefing, Office of

Congressman Trent Franks, Washington, D.C. • Co-counsel, Amicus Brief of Law Professors in

Boumediene v. Bush (U.S. S.Ct.)• Co-Counsel, Amicus Brief of Former Diplomats in Ex

Parte Medellin (U.S. S. Ct.)• Co-counsel, Amicus Brief of Perkins School for the

Blind, et al, American Council for the Blind v. Paulson (D.C. Cir.)

• Signatory, Amicus Brief of Constitutional and International Law Professors in Sarel v. Rio Tinto (9th Cir.)

• Signatory, Amicus Brief of Law Professors in Dalegrand v. Mukasey (3d Cir.)

• Co-author, Statement of Legal Community Regarding Rule of Law in Pakistan

Oona A. Hathaway

Christine Jolls

Paul W. Kahn

Harold Hongju Koh

24 | 25 Y l r Winter 2008

lectures and addresses• Yale Law School Association of Europe panel, “The

View from the United States: U.S. and Human Rights Law after Bush”

• Moderator, Yale Law School Association of Europe panel, “The View from Europe: International Dispute Resolution”

• “Gonzales v. Carhart,” ACS/Women’s Faculty Forum• National American Constitution Society Convention,

America and the World 2020, “Back to the Future”• Yale Law School Associations of Boston, Chicago,

Minnesota, Milwaukee, Denver, London, Los Angeles, Penjerdel, Philadelphia, San Francisco, Seattle, addresses to alumni

• 13th Raymond and Beverly Sackler Distinguished Lecture, “Repairing Our Human Rights Reputation”

• University of Maine Law School, Portland, Maine, “Repairing Our Human Rights Reputation”

• International Law and ACS Symposium, A Community of Reason and Rights, Fordham Law School, keynote address

• International Festival of Arts & Ideas, panelist, “The Death Penalty and International International Standards of Justice”

• Women’s Campaign School at Yale, welcoming remarks

• Yale Law School portrait unveilings of Howard M. Holtzmann and Stephen J. Schwebel, remarks

• Library of Congress, “Yellow in a White World• Réseau ID Franco American College de France at

Cardozo. commentator on panel, “Integration of International Norms by the United States Supreme Court”

• Stanford/Yale Junior Faculty Forum , welcome remarks and commentator on panel, “Strengthening Tort Remedies in International Environmental Law”

• Jackson Hole IX Conference Panel, on Developing Institutional Priorities and Connecting Those Priorities to Fundraising, “Why Me? Why Now? Why This?”

• American Constitution Society Luncheon, Denver, “Storming the Court — How a Band of YLS Students Sued the President and Won”

• University of Victoria Law School, “The Bush Presidency and the U.S. Constitution” and “Repairing the U.S. Human Rights Reputation”

• AALS/ASIL Lunch talk, “A Conversation Between Dean Harold Hongju Koh, Yale Law School, and President and Vice Chancellor Stephen Toope, University of British Columbia”publications

• Restoring America’s Human Rights Reputation, 40 Cornell Int’l L. J. 635 (2007)

• Is there a “New” New Haven School of International Law? 32 Yale L.J. 559 (2007)

• Filártiga v. Pena-Irala: Judicial Internalization of the Customary International Law Norm Against Torture in International Law Stories (Noyes, Dickinson & Janis eds.) Law Stories Series (2007)

• Tom Eagleton: True Senator, 52 SLU L. Rev. 1 (2007)• Preface to Eugene Fidell, Beth Hillman & Dwight

Sullivan, Military Justice: Cases and Materials (2007)

• Preface to William J. Aceves, The Anatomy of Torture: A Documentary History of Filártiga v. Peña-Irala (2007)

• The Future of Lou Henkin’s Human Rights Movement, 38 Colum. Hum.Rts. L. Rev. 487 (2007)

• The Bright Lights of Freedom in This I Believe (paper-back edition, 2007)

• America and the World, 2020, in The Constitution In 2020 (Siegel & Balkin eds.)

• In Memoriam: Robert F. Drinan, S.J. (1920-2007, 95 Geo. L.J. 1709 (2007)

• Stirring the Human Rights Revolution, BC Law Magazine (Summer 2007)other professional highlights

• Second Boston Red Sox World Championship in four years (most in any Yale Law School dean-ship since Simeon Baldwin,1869–1919 [five World Championships in 50 years]!)

John H. Langbeinlectures and addresses

• Speaker, National Center on Philanthropy and the Law, NYU School of Law, “Socially Responsible Investing”

• Speaker, Federated Investors Conference on Wealth Management and Trust, Lansdowne, VA, “Implementing the Prudent Investor Principles in Today’s Trust Practice”

• Lecture, 18th British Legal History Conference, Oxford, “Bifurcation and the Bench: The Influence of the Jury System on the Anglo-American Conception of Judicial Office”

• Speaker, Yale Law School Alumni, Minneapolis, “The Proposed Restatement: Abolishing the Law of Future Interests”

• Speaker, Yale Law School Alumni, Oxford, England• Speaker, Yale University Women’s Organization,

New Haven, “Probate, Nonprobate, and Connecticut Probate”public service

• Commissioner, National Conference of Commissioners on Uniform State Laws: Member, Drafting Committee on the Uniform Statutory Business Trust Act; Member,

John H. Langbein

˘ Faculty Activities

Joint Editorial Board for the Uniform Trust and Estate Acts

• American Law Institute: Associate Reporter, Restatement (Third) of Property: Wills and Other Donative Transfers; attended advisors meeting Minneapolis; Advisor, Restatement (Third) of Trusts; attended advisors meeting Chicagopublications

• 2007 Supplement to Pension and Employee Benefit Law (with S. Stabile & B. Wolk, 2007)

• Trust Law as Regulatory Law: The Unum/Provident Scandal and Judicial Review of Benefit Denials Under ERISA, 101 Nw U. L. Rev. 1315 (2007)

• Why Did Trust Law Become Statute Law in the United States?, 58 Ala. L. Rev. 1069 (2007)

Jonathan R. Maceyelections

• National Adjudicatory Council, Financial Industry Regulatory Authority (FINRA (formerly the National Association of Securities Dealers (NASD))

• Board of Directors, WCI Communities, Inc., (“WCI” New York Stock Exchange)lectures and addresses

• Harvard Law School Conference, “Constitutions: Causes and Consequences”publications

• Cases and Materials on Corporations Including Partnerships and Limited Liability Companies (Tenth Edition, 2007, with R. W. Hamilton)

• Getting the Word Out About Fraud: A Theoretical Analysis of Whistleblowing and Insider Trading, 105 Mich. L. Rev. 1899 (2007)

• Too Many Notes and Not Enough Votes: Lucian Bebchuk and Emperor Joseph II Kvetch about Contested Director Elections and Mozart’s Seraglio, 93 Va. L. Rev. 759 (2007)

Daniel Markovitslectures and addresses

• Law and Society Association Annual Meeting, “Professional Ethics and Political Legitimacy”

• Contract Theory Workshop, Georgetown University School of Law, “Some Speculations Concerning Contracts of Adhesion”

• University of Texas School of Law, Faculty Colloquium, “Individual Preferences for Giving”

Jerry L. Mashawappointments

• Board of Trustees, National Academy of Social Insurance, Washington, D.C.

• Visiting Professor of Law, Spring, 2008, New York University Law School

lectures and addresses • Yale China Law Center Program for Chinese

Government Officials, New Haven, “Administrative Procedure and Administrative Organization in the United States”

• Conference on Accountability in Global Administrative Law, NYU Law School, “Accountability and its Cousins”

• Faculty of Jurisprudence and Political Science, University of Urbino, Urbino, Italy, June and Faculty of Political Science and Law, University of Rome III, Rome, Italy, “Prometheus Bound: The Building and Binding of the American Administrative State”

• Paper presentation, Faculty Seminar Series, George Washington University Law School, Washington, D.C., and Conference on Administrative Law and Regulation: Historical Origins of the American Administrative State, Vanderbilt Law School, Nashville, “Administration and ‘The Democracy’: Administrative Law from Jackson to Lincoln, 1829–1861”

• Commentator, Global Administrative Law Seminar at the Istituto di ricerche sulla Pubblica Amministrazione (IRPA),University La Tuscia, Viterbo, Italy publications

• Reluctant Nationalists: Federal Administration and Administrative Law in the Republican Era, 1801–1829, 166 Yale L. J. 1636 (2007)

• Understanding Social Insurance: Fairness, Affordability, And The Modernization of Social Security and Medicare (with T.R. Marmor), republished in revised form in The Elder Law Journal, Vol. 15, No. 1 (2007)

• Reasoned Administration: The U.S., the E.U., and the Project of Democratic Governance, Le Tutele Procedemantali: Profili di Diritto Comparativo 123 (A. Massera ed., 2007).

Robert C. Postlectures and addresses

• Speaker, Conference sponsored by the Centre for Public Law on “Extreme Speech,” Cambridge, England, “The Meaning of Hate Speech”

• Donald S. Bernstein Lecture, Program in Law and Public Affairs, Princeton University, “When Free Speech Insults Religion”

• First annual academic freedom lecture, academic senate of the University of California at Santa Cruz, “The Origins and Nature of Academic Freedom”

• Speaker, Peking University, Beijing, China, “Circulation of Information”

• Speaker, The Seminario en Latinoamérica de Teoría Constitucional y Política, Puerto Rico, “Constitutional Patriotism” (with R. Siegel)

Jonathan R. Macey

Daniel Markovits

Jerry L. Mashaw

Robert C. Post

26 | 27 Y L r Winter 2008

• Speaker, Conference on “Perspective and Perspectivalism,” Internationales Forschungszentrum Kulturwissenschaften, Vienna, Austria, “Law and Perspectivalism”

• Speaker, 5th Annual Convention of the American Constitution Society, Washington, D.C., “Examining Backlash” (with R. Siegel)

• 2007 William Howard Taft Lecture, University of Cincinnati, “Mr. Taft Takes Charge”publications

• Roe Rage: Democratic Constitutionalism and Backlash, 42 Harv. C.R.-C.L. L. Rev. 373 (2007) (with R. Siegel)

• Informed Consent to Abortion: A First Amendment Analysis of Compelled Physician Speech, 2007 Ill. L. Rev. 939 (2007)

J.L. Pottenger, Jr.lectures and addresses

• Panelist, Dean’s Roundtable, American Bar Association Fall Meeting, Section of International Law, London, “Comparative Legal Education”

• Panelist, Showcase Program, American Bar Association Fall Meeting, Section of International Law, London, “Terror, Human Rights, and the Black Hole of Justice”

• Annual Meeting, The Society for Advanced Legal Studies, Keynote address, “A Delicate Balance: Terror, Trials & Human Rights?”

• Goodenough College, “A Dissenting View on Terrorism”

George L. Priestlectures and addresses

• Presented the Bradley Lecture, “The Capitalist Foundations of America,” American Enterprise Institute, Washington, D.C.

• Presented a paper, “The Abiding Influence of The Antitrust Paradox: An Essay in Honor of Robert H. Bork” at a session, “Competition Law and the Free Market — The Antitrust Paradox: A Policy at War with Itself” at the Federalist Society’s Conference Discussing the Contributions of Judge Robert H. Bork, Washington, D.C.

• Presented a talk, “The Legal Academy: What Aspiring Federalist Scholars Ought to Know,” Federalist Society Brown Bag Lunch Series, Yale Law School

• Moderated a panel discussion, “Capitalism, Democracy, and Progress,” AEI World Forum, Beaver Creek, Coloradopublications

• Aspen Skiing: Product Differentiation and Preventing Free Riding as Monopolization (with J. Lewinsohn), in Antitrust Stories at 229 (Fox & Crane eds., 2007).

W. Michael Reismanappointments

• Honorary Professor, Gujarat National Law University• Member, International Advisory Board of the School of

Law, City University of Hong Konglectures and addresses

• Paper presentation, Investment Protection and the Energy Charter Treaty Conference, Washington, D.C., “The Provisional Application of the Energy Charter Treaty”

• Attended FPA Board of Directors Meeting, New York• Delivered General Course, The Hague Academy of

International Law, The Hague, The Netherlands, “International Law in the Twenty-first Century”

• Attended State Department Advisory Committee on International Law Meeting, Washington, D.C.

• Lecture, International Boundaries Research Unit (IBRU) Training Workshop No. 33, Washington, D.C. “Presenting Evidence in International Boundary Disputes”

• Lecture, International Boundaries Research Unit (IBRU) Training Workshop No. 33, Washington, D.C., “Resolving Boundary Disputes Through Arbitration and Other Third-Party Processes,” “Measures After Judgment or Award,” Washington, D.C.

• Delivered a Report on Humanitarian Intervention, 73rd Session of the Institut de droit International, Santiago, Chile, “Humanitarian Intervention: The Uncertain Evolution of a Responsibility to Protect in International Law”

• Introducer and Moderator, John C. Whitehead Lecture (delivered by Pascal Lamy), Foreign Policy Association, New York, “The Doha Development Agenda: Building a Stronger WTO System”

• Speaker, Panel on “Are There Lawful Exceptions to Investment Treaty Obligations?,” International Law Association’s International Law Weekend 2007: Toward a New Vision of International Law, New York, NY, “National Emergencies and International Investment Law”publications

• Understanding and Shaping International Law: Essays of W. Michael Reisman (Guojifa: Lingwu Yu Goujian, China, 2007)

• What is the Current Value of Signing a Treaty? (with M. H. Arsanjani), in Human Rights, Democracy and the Rule of Law: Liber Amicorum Luzius Wildhaber (S. Breitenmoser, B. Ehrenzeller, M. Sassòli, W. Stoffel & B. Wagner Pfeifer eds.) 1491 (2007)

• The New Haven School: A Brief Introduction (with S. Wiessner & A. R. Willard), 32:2 Yale J. Int’l L. 575 (2007)

J.L. Pottenger, Jr.

W. Michael Reisman

George L. Priest

˘ Faculty Activities

• Reflections on Economic Development, National Sovereignty and International Arbitration, in xvii Arbitraje Internacional: Tensiones Actuales (Fernando Mantilla-Serrano ed., 2007)

• Claims to Pre-emptive Uses of Force: Some Trends and Projections and Their Implications for World Order (with A. Armstrong), in International Law and Armed Conflict: Exploring the Faultlines: Essays in Honour of Yoram Dinstein (M.N. Schmitt & J. Pejic eds.) 79 (2007)

• Some Reflections on the Effect of Artisanal Fishing on Maritime Boundary Delimitation (with M. H. Arsanjani), in Law of the Sea, Environmental Law and Settlement of Disputes: Liber Amicorum Judge Thomas A. Mensah (Ndiaye and Wolfrum eds.), 629 (2007)

Judith Resnikappointments

• National Board of Academic Advisors, William H. Rehnquist Center on the Constitutional Structures of Government, University of Arizona

• Member, Alliance for Justice, The Restoration of Habeas Corpus Petition Steering Committee

• Reappointed as Member, Standing Committee on Federal Judicial Improvements, American Bar Association

• Appointment to the Executive Committee of the Council of Appellate Lawyers, ABAlectures and addresses

• W.G. Hart Conference, Access to Justice, University of London Institute of Advanced Studies, Opening Speaker, “Whither and Whether Adjudication?”

• Roundtable at the Aspen Institute’s Program on the Foundation for Law, Justice and Society, co-spon-sored by the Center for Socio-Legal Studies, Oxford University, “Courts and Social Policy: Reproductive Rights and Judicial Review”

• Legal Action Center, Arthur Liman Policy Institute, New York, Special Guest Speaker

• The Launch of Yale University’s Women Leadership Initiative, plenary speaker, “Law’s Migrations: Boundaries Transversed, Transgressed, and Maintained”

• Conference on Progressive Family Values co-spon-sored by the American Constitutional Society and the Women Faculty Forum at Yale, Opening Commentary, “What is Not Working for Families?”

• Alliance for Justice Film, Yale Law School, Commentary, “The Quiet Revolution”

• Stanford/Yale Junior Faculty Forum, Stanford, Commentator, “Civil Litigation and Dispute Resolution”

• “Open and Public,” Panel Discussion, Courts: Off-Site, Out-of-Sight, and Secrecy Judging, Yale Law School (with Olivier Dutheillet)

• “Gender Around the World: A Conversation with the Women of the Yale World Fellows,” sponsored by Women Faculty Forum and Yale World Fellows Program, Co-Moderator

• Papers presented to Yale Law School graduate students, “Law as Affiliation” and “Representing Justice”publications

• Representing Justice: From Renaissance Iconography to Twenty-First Century Courthouses, Henry le Barre Jayne Lecture, 151 Proceedings of the American Philosophical Society 139 (2007) (with D. E. Curtis).

Roberta Romanoawards and recognition

• 2007 Yale Law Women Teaching Awardlectures and addresses

• Roundtable on Corporate Governance, University of Pennsylvania Institute for Law and Economics, “Institutional Investors and Proxy Voting: The Impact of the 2003 Mutual Fund Voting Disclosure Regulation”

• American Law and Economics Association Annual Meeting, “Institutional Investors and Proxy Voting: The Impact of the 2003 Mutual Fund Voting Disclosure Regulation

• Roundtable Discussion regarding the Federal Proxy Rules and State Corporation Law, U.S. Securities and Exchange Commission, “Panel on The Federal Role in Upholding Shareholders’ State Law Rights”

• Università degli Studi di Napoli Federico II Convegno, Competitività dei Mercati Finanziari e Interessi Protetti, “Does the Sarbanes-Oxley Act Have a Future?”

• Conference on Regulation, De-regulation and Re-regu-lation: Institutional Perspectives, University of Nice Sophia Antipolis, “Does the Sarbanes-Oxley Act Have a Future?”

• Society of Corporate Secretaries & Governance Professionals 61st National Conference on Leading in Corporate Governance, Panel on “Behind the Headlines — Lessons Learned from Corporate Scandals”

• University of Western Ontario Faculty of Law, Pre-eminent Business Law Scholars Seminar Series, “The Promise and Peril of Corporate Governance Indices”

• Stanford Law School, Law & Economics Seminar, “The Promise and Peril of Corporate Governance Indices”

Judith Resnik

Roberta Romano

28 | 29 Y L r Winter 2008

publications• Law as a Product: Some Pieces of the Incorporation

Puzzle, 1 J.L. Econ & Org. 225 (1985), was reprinted in Bruce H. Kobayashi and Larry E. Ribstein eds., The Economics of Federalism (2007)

Carol M. Roselectures and addresses

• Yale Law Alumni of Southern California, Los Angeles, “Where Did Racially Restrictive Covenants Go? Not as far as you think ...”

• Univ. of Arizona, Tucson, Arizona, Faculty work-in-progress seminar, “Roads, Rights & Resources”

• Yale Law School Dean’s Lecture Series, “Law and Economics for Poets”

• Yale Civil Rights Project, “The Modern History of Racial Residential Restrictions”

• Attended Seminar on Constitutional Political Theory, San Juan, Puerto Rico publications

• What Federalism Tells Us About Takings Jurisprudence, Symposium on Constitutional Niches, 54 UCLA L. Rev. 1681 (2007)

Susan Rose-Ackermanlectures and addresses

• Session to launch Transparency International’s Global Corruption Report 2007, organized by TI-USA, Brookings Institutions, Washington D.C., “Judicial Independence and Corruption”

• Conference on Corruption and Democracy, University of British Columbia, Vancouver, B.C., “An Independent Judiciary and the Control of Corruption”

• Presentation, Commonwealth Secretariat train-ing program on limiting corruption in infrastruc-ture, Loughborough University, Loughborough UK, “Corruption and Government”

• Dean’ s Lecture, Ohio Northern University, Ada, Ohio, “Corruption and Post-Conflict Peacebuilding”

• Colloquium on Corruption, Conflict & Peacebuilding, Fletcher School, Tufts University, Medford, MA, “Corruption and Post-Conflict Peacebuilding”

• American University, Institute for Global and International Studies, Washington, D.C., “Democracy and Corruption”publications

• Judicial Independence and Corruption, Transparency International Global Corruption Report 2007, Cambridge UK (2007)

• Controlling Corruption: Government Accountability, Business Ethics, and Sectoral Reform, in The

Construction of Democracy: Lessons from Practice and Research (J. Dominguez & A. Jones eds., 2007)

• Measuring Private Sector Corruption, U4 Anti-Corruption Resource Centre, Chr. Micelson Institute, Bergen, Norway (On-line theme page on Corruption and the Private Sector, available at www.u4.no) (2007)

Peter H. Schucklectures and addresses

• NYU College Democrats, on immigration• Book talk, Fordham Law School, “Diversity in America”• Panel Discussion, Cardozo Law School, remarks on

“Parents Involved” decision• Leadership Roundtable, Greenbrier, West Virginia,

“Immigration Law and Policy”• Panel Discussion, Woodrow Wilson School at

Princeton, “Immigration Law and Policy”• Talk, Yale Center for International Students and

Scholars, “The American Dream”• Lectures, Humanity in Action Fellows, New York City,

“Diversity Management” and “Immigration Policy”• Speech, Transatlantic Forum of BMW Foundation,

Cape Cod, “Diversity Management”• Center for Governmental and International Studies,

Harvard University, “Integration of Immigrants”• Lecture, Visiting Chinese Delegation to Yale University,

“Regulatory Reform”• Lecture, Edwards, Angell Law Firm, Cape Cod, “Tort

Law”• Penn Law School, “Sharp Boundaries and the Law”

Conference• Conference, Scientific and Legal Perspectives on

Catastrophes, Amherst College, Introductory Paper• Workshop, Harvard Law School, “Targeting in Social

Programs”• Conference, Tort Reform, Roger Williams Law School,

Bristol, Rhode Island, “Tort Law/Regulatory Interface”publications

• Taking Immigration Federalism Seriously, 2007 U. Chi. Legal F. 57

• Targeting in Social Programs: Avoiding Bad Bets, Removing Bad Apples (with R. J. Zeckhauser)

• Bordering on Folly, The American Lawyer (October 2007)

• Law and the Study of Migration, Migration Theory: Talking Across Disciplines (C. Brettell & J. Hollifield eds., 2007) (2nd ed.)

• Safe Harbors, The American Lawyer (July 2007)• Speaking of Tongues, Democracy: A Journal of Ideas

(Summer 2007), available at http://www.democracy-journal.org/article.php?ID=6541

Susan Rose-Ackerman

Peter H. Schuck

Carol M. Rose

˘ Faculty Activities

• Some Reflections on the Future of Mass Torts, 12 Conn. Ins. L. J. 505–15 (2005–06)

• School Choice, Yale Law Report, Summer 2007 at 48other professional highlights

• Law and Entepreneurship Project, Kauffman Foundation

• Organizing ESL program for adult immigrants in NYC• Yale Law School SELA Conference, San Juan, Puerto

Rico• Developing Ruebhausen Fund program for alumni

teaching in South Asia• Research on New York City school system’s discipline

of serious student misconduct (with David Noah ‘09)• Bacon-Kilkenny Distinguished Visiting Professor,

Fordham Law School, spring 2007• Occasional teaching of current events, High School for

Law and Justice, New York City

Vicki Schultzappointments

• Associate Fellow, Center for Research on Inequalities and the Life Course, Yale University

• Faculty Associate, Center for Comparative Research, Yale University

• Fellow, Center for Advanced Study in the Behavioral Sciences, Stanford University, 2007–08lectures and addresses

• Panelist, Commemoration of the Fiftieth Anniversary of the United States Department of Justice, Civil Rights Division, Georgetown University Law School, Washington, D.C., “Looking to the Future of Federal Civil Rights Enforcement”

• Presentation, Washington College of Law, American University, Washington, D.C., “Antidiscrimination Law as Disruption: The Emergence of a New Paradigm for Understanding and Addressing Discrimination”

• Presentation, fellows at the Center for Advanced Study in the Behavioral Sciences, Palo Alto, Introduction to my research agenda

• Discussant, Gender panel, Inaugural Conference of the Center for Research on Inequalities and the Life Course, Yale University, “Generating Social Inequalities”

• Presentation, University of Nevada Law School, Las Vegas, Nevada, “Will Marriage Make Gay and Lesbian Couples Less Egalitarian?”

• Presentation, Institute for Industrial Relations, UCLA, Los Angeles, “Antidiscrimination Law as Disruption: How the Law Can Disrupt Stereotyping and Transcend Group Boundaries”

publications• The Sanitized Workplace, in Behavioral Analysis of

Workplace Discrimination (M. Gulati & M. Yelnosky eds., 2007) other professional highlights

• Participant, Lunch group, “Women in Legal Academia,” sponsored by Yale Law Women

James J. Silklectures and addresses

• Lecture, Great Decisions Seminar, Institute for Learning in Retirement, New Haven, “War Crimes”

• Panelist, Twelfth Annual LatCrit Conference, Miami, “Critical Theory and Praxis in United Nations Proceedings”

John G. Simon

• Under the auspices of the Law School’s China Law Center and at the invitation of Peking University Law School, Professor Simon gave a series of lectures and seminars in Beijing in September followed by similar presentations in Shanghai and Guangzhou, on the American nonprofit sector, discussing the sector’s legal status, tax treatment, governance patterns, and social and economic outcomes — and some of the controversies surrounding these topics. In his Beijing presentations, Professor Simon was accompanied by Jamie Horsley, Deputy Director of The China Law Center, and Keith Hand, Beijing Director of the Center. Audiences included law and management students and faculty of four Chinese universities, members of China’s first nonprofit organizations legal clinic, and staff members of the Chinese Ministry of Civil Affairs (MOCA) charged with regulating nongovernmental organizations. Two of the MOCA officials, including the Director-General of the Department of Law and Regulation, paid a return visit to New Haven in mid-October to discuss the manner in which American law treats certain issues that have arisen during consider-ation of a pending Chinese Charity Law. Other partici-pants included Jeffrey Prescott, Deputy Director of the China Law Center, Professor Michael Graetz, two mem-bers of the Brigham Young University law faculty, and a leading nonprofit law practitioner from California, as well as Ms. Horsley and Professor Simon. The American participants are presently corresponding with the MOCA representatives to follow up on the New Haven conference.

James J. Silk

John G. Simon

Vicki Schultz

30 | 31 Y L r Winter 2008

Henry E. Smithlectures and addresses

• International Society for New Institutional Economics Conference, University of Reykjavik, “Intellectual Property as Property: Delineating Entitlements in Information”

• University of Oslo, Faculty of Law Research Group for Natural Resources, “Energy, Environmental and Property Law, Intellectual Property as Property: Delineating Entitlements in Information”

• University of Oslo, Faculty of Law, “Property: Principles and Policies”

• University of Oslo, Faculty of Law, “The Morality of Property”publications

• Intellectual Property as Property: Delineating Entitlements in Information, 116 Yale L.J. 1742–1822 (2007)

• Intellectual Property as Property: Delineating Entitlements in Information, 117 Yale L.J. Pocket Part 87, available at http://yalelawjournal.org/2007/10/10/smith.html (2007)

• Teacher’s Manual to Property: Principles and Policies (with T. W. Merrill, 2007)

Robert A. Solomonappointments

• Appointed by CT Supreme Court Chief Justice Rogers to CT Legal Internship committeeawards and recognition

• ’r kids Community Partner Award for 2007lectures and addresses

• Yale University Women’s Organization, “Deconcentrating Poverty: How housing advocates have created (and maintain) low-income ghettos,” as part of Contemporary Issues in Law

• Panel on Rebellious Lawyering, “Predatory Lending and Education”

• CT branch of National Association of Housing and Redevelopment Officials, redevelopment of public housing

• Speaker at opening of St. Luke’s Elderly Housinglitigation

• CT Coalition for Equity in Justice v. Rell, challenging CT’s school financing system, accepted by Connecticut Supreme Court on expedited appealother professional highlights

• Creation of new Domestic Violence Clinic, which will start in the spring term

Kate Stithelections

• Vice-Chair, Committee on Professional Responsibility, State of Connecticutlectures and addresses

• Women’s Campaign School at Yale, “The Woman Who Defied All Odds”legal consultation

• Committee on Professional Responsibility, presenta-tions on lawyer advertising and on fee-sharing by former partners

• Federal Public Defenders, United States v. Gall (U.S. Supreme Court, No. 06-7949)

• Connecticut Lawyer, Rape-Shield Lawspublications

• No Contract, The Dartmouth Independent, August 27, 2007

• The Real Sentencing Law, available at www.SCOTUSblog.com, June 21, 2007

Alec Stone Sweetlectures and addresses

• Conference, European Constitutionalism: National, Transnational, and International Perspectives, University of Washington, “Constitutionalism and Constitutional Justice”

• École Nationale Supérieure, Paris, “The Juridical Coup d’État and the Question of Authority”publications

• The Juridical Coup d’État and the Problem of Authority, Special Issue Symposium on Stone Sweet, “The Juridical Coup d’État and the Problem of Authority” with responses by N. Walker, G. LaPolombella, & W. Sadurski, 8 The German L. Rev. 10 (October 2007)

• Response to G. La Palombella, W. Sadurski & N. Walker, 8 The German L. Rev. 10 (October 2007)

Michael Wishnielectures and addresses

• Hofstra Law School, Conference on Local Dimensions of Immigration: Challenges and Opportunities in our Changing Communities, keynote address

• University of Minnesota, Minnesota Law Review Symposium, The Low-Wage Worker: Legal Rights — Legal Realities, speaker, “Labor Law after Legalization”

• National Lawyers Guild, National Immigration Project, Annual Membership Meeting, Washington, D.C., “State and Local Developments,” “Damage Actions against ICE”

• Fairfield University, Fairfield, CT, “Human Trafficking: Slavery Here & Now,” speaker on “Human Trafficking and Labor Issues”

Kate Stith

Alec Stone Sweet

Michael Wishnie

Robert A. Solomon

Henry E. Smith

˘ Faculty Activities

• Georgetown University Law Center, Immigrant Rights and International Human Rights Conference, com-mentator, “The Rights of Noncitizens Beyond Our Borders”

• Elm City Congregations Organized, New Haven, “The Municipal ID, The Raids, and the Immigration Debate”

• League of Women Voters, New Haven, “The Immigration Debate 2007”

• League of Women Voters, Hamden/North Haven, “The Immigration Debate 2007”testimony

• New Haven Board of Aldermen, “The Elm City Resident Card” publications

• Prohibiting the Employment of Unauthorized Immigrants: The Experiment Fails, U. Chi. Legal F. 193 (2007)new clinic activities

• Elm City Resident Card (representation of City of New Haven in litigation resulting from implementation of municipal ID program)

• New Haven immigration raids (representation of nearly all persons arrested in June 2007 immigration raids in New Haven and area towns, in Immigration Courts in Boston, Hartford, New York, and Texas; Board of Immigration Appeals; U.S. District Court for the District of Connecticut; and U.S. Courts of Appeals for the Second and Fourth Circuits)

• Badrawi v. DHS (federal civil rights action filed on behalf of former UConn medical researcher wrong-fully arrested, detained, and coerced into departure from country, all while in lawful immigration status)

• Barrera v. Boughton (federal civil rights action filed on behalf of day-laborers and driver wrongfully arrested by local police in discriminatory and unlawful immi-gration enforcement)

• Junta v. DPS (state Freedom of Information action resulting in order that State Police release records relating to New Haven immigration raids)

• ULA v. DHS (federal Freedom of Information Act suit seeking release of records relating to New Haven immigration raids)

• Lin v. Brennan (wage suit on behalf of Chinese restau-rant workers against former employers)

Stephen Wiznerappointments

• Continued service, Board of Directors, National Board of Legal Specialty Certification (formerly the National Board of Trial Advocacy)

• Continued service, Second Circuit Court of Appeals, Criminal Justice Act Advisory Committee.publications

• A Theology of Justice: Some Reflections on Milner Ball’s Non-Religious Practice of Belief, 41 Ga. L. Rev. 945 (2007).

Stephen Wizner