FACULTY NEWS

Law Faculty Publications and Projects

Fallowing is a list of publica-tions and other achievementsby many members of the Law

School faculty for calendar years1997 and 1998. In many cases, onlya few highlights from a person's listof achievements are given. Some fac-ulty and academic staff members arenot represented, because they did nothave a chance to respond to the callfor information. This collection ofpublications and activities can beviewed, therefore, as a sampler of thevaried work going on at the UW LawSchool in many subjects and manyarenas. Two future projects of a morecomprehensive nature are planned: a"Faculty Directory" projected for Fall1999, and a "Faculty Publications"brochure.

GORDON BALDWIN. In 1998,Professor Baldwin published "AConstitution's Wisdom and Failings:Selecting a President," in TowardComparative Law in the 21st Century: The50th Anniversary of the Institute ofComparative Law in Japan, and"Introduction: Celebrating Wisconsin'sConstitution 150 Years Later," in 1998Wisconsin Law Review 661-676.

Professor Baldwin has taken emeritusstatus, chiefly to fulfill the challengingduty of visiting 62 Rotary clubs inWisconsin as District Governor for RotaryDistrict 6250 in 1999-2000. His Rotaryresponsibilities will also take him to otherU.S. cities and to Singapore.

STEVEN BARKAN. ProfessorBarkan, Director of the Law Library, pub-lished "Chapter 1: An Introduction toLegal Research," and "Chapter 2: TheLegal Research Process," inFundamentals of Legal Research, 7th edi-tion (Foundation Press, 1998).

RICHARD BILDER. EmeritusProfessor Bilder published "InternationalAdjudication," in Peacemaking inInternational Conflict: Methods andTechniques (United States Institute ofPeace, 1997).

TaNYA BRITO. Professor Britopresented the paper "From Madonna toProletariat: Constructing a New Ideologyof Motherhood in Welfare Discourse" atthe 33rd Annual Villanova Law ReviewSymposium in November 1998. The titleof the Symposium was "Still Hostile AfterAll These Years? Gender, Work andFamily Revisited." Brito's paper will bepublished as an article in the VillanovaLaw Review. Brito also received a summerresearch grant from the Institute forResearch on Poverty to work on her arti-cle "The Welfarization of Family Law."

RALPH CAGLE. Professor Cagle,director of the General Practice SkillsProgram, published "Chapter 2: SpecialEthical Considerations" (co-authoredwith Barbara S. Hughes in AdvisingOlder Clients and Their Families (StateBar ofWisc., 1997) and "TeachingPractice Skills in Law School: TheUniversity of Wisconsin Experience" inThe Bar Examiner, Vol. 67, No.1,February 1998.

PETER CARSTENSEN. AssociateDean Carstensen reports the success ofthe third annual Antitrust in EnergyMarkets workshop, run jointly in May1998 by the Law School and theWisconsin Public Utility Institute of theBusiness School. This is a 2.5-day inten-sive program to introduce lawyers, execu-tives and public officials to the rules andconcepts of antitrust law as they relate tothe deregulating of energy industries. Asecond program, on Antitrust inTelecommunications Markets, also takesplace once a year. Carstensen's co-instruc-tors were Jade Eaton, a senior trial attor-ney from the US Department of IusticeAntitrust Division, one of the primarystaff lawyers on most energy cases; andJerome Hochberg, a partner in a majorDC law fum who has done antitrust liti-gation on energy issues all the way to theSupreme Court.

In addition, Carstensen published"The Problem of Characterizing PriceFixing and Other Restraints: TheFunctional Approach to CoherentAnalysis" (123 pgs.) in Vol. 1, Papers forthe 8th Annual Workshop of theCompetition Law and Policy Institute of

New Zealand (Aug. 1997); and "Rule ofReason in Antitrust," in 3 The NewPalgrave Dictionary of Economics and theLaw 381 (Macmillan Reference, StocktonPress, 1998). He also was co-author withMarc Galanter and Gerald Thain of "TheSo-Called Global Tobacco Settlement"(see entry for Professor Thain).

R. ALTA CHARO. For the 1998Spring Semester, Professor Charo was inCalifornia at Stanford University MedicalSchool, as a Senior Fellow at the Programin Genomics, Ethics and Society at theStanford Center for Biomedical Ethics,Charo, who holds a joint appointment inthe Law School and Medical School, hasbeen a member of the President'sNational Biocthics Advisory Commissionsince 1996, and was primary drafter ofseveral chapters of the Commission'sreport "Cloning Human Beings," 1997, atopic on which she also testified beforethe Senate. She also gave a CongressionalBriefing in 1997, "The Effect ofAbortion Politics on Biomedical ResearchFunding." In Spring 1998, she was oneof ten UW faculty members to receive a$50,000 Romnes Fellowship, a grantwhich "rewards new professors who aremaking an immediate mark on theirfields."

A partial list of Professor Charo'srecent publications includes: "From Duskto Dawn: The Use of BiologicalCategories for Ordering Legal Rights," inYoungner, Arnold, and Schapiro (eds.),Defining Death in a Technological Era(Johns Hopkins U. Press, 1998);"Dealing with Dolly: Cloning and theNational Bioethics AdvisoryCommission," 38(1) Jurimetrics (Fall1997); "The National BioethicsCommission: Bridging the TensionBetween Scientific and Public PolicyAnalysis," 1(2) Biolaw and Business(1997); and "Family Planning Policiesand the Politics of New ReproductiveTechnologies," in K. Petersen (ed.),Intersections: Women on Law, Medicineand Technology (Dartmouth Publishing,1997).

WILLIAM (LARRY) CHURCH.Professor Church was awarded the degreeof Honorary Doctor of Law by the

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University of Giessen Law School inGermany, in May 1998, in recognition ofhis career achievements in legal educa-tion. The UW Law School has cooperat-ed in an exchange program with Giessensince 1985, and Church has been anactive contributor. In the German news-paper article that was published followingthe awards ceremony, he was cited for hiscontribution to legal education in devel-oping countries, including Ethiopia,Afghanistan, Zambia and Indonesia, andfor his pioneering work in environmentallaw, constitutional law, and criminal law.Finally, he was commended for being a"supporter of clear expressions"-a pro-ponent of clear legal language and read-able articles. Professor Church's mono-graph (in Indonesian and English) on lawteaching methodology was published bythe ELIPS Project in Indonesia, 1998.

WILLIAM CLUNE. EmeritusProfessor Clune published articles includ-ing "Building a Systemic Remedy forEducational Adequacy: Starting withWhat We Know," 29 Education andUrban Society 342-354 (May 1997);"The 'Standards Wars' in Perspective,"100 Teachers College Record 144-149(Fall 1998); and "School FinanceSystems: Aging Structures in Need ofRenovation," (with co-author AllanOdden) in 20 Educational Evaluationand Policy Analysis 157177 (Fall 1998).

KENNETH DAVIS. Dean Daviscontinues to serve as a member of theAmerican Bar Association's CorporateLaws Committee, which is responsible forthe Model Business Corporation Act, themodel for corporate laws in a majority ofstates, including Wisconsin. He will nowchair that committee's new task force ondirectors' conflicts of interest. His lawreview article "Corporate Opportunityand Comparative Advantage" is forth-coming in the Iowa Law Review. InMarch, he was one of a group of six lawschool deans invited to meet withAttorney General Janet Reno to discussissues facing law school admissions policy.In June, he and Emeritus ProfessorZigurds Zile journeyed to Lima, Peru, tocelebrate the 30th anniversary of the"Wisconsin Boys" who visited the Law

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FACULTY NEWS

School in the late 1960s and early '70s(see article in this issue reprinted fromWisconsin Week).

WALTER DICKEY. The paper'''Three Strikes': Five Years Later," pre-pared by Professor Dickey and researchspecialist Pam Hollenhorst, was issued inNovember 1998 in the series "PublicPoLicyReports" by the Campaign for anEffective Crime Policy. Professor Dickeyalso chaired the Campaign's conference"Crime and Politics in the 21st Century"in Washington D.C. in November 1998.Dickey, former director of the WisconsinDivision of Corrections and an authorityon prison issues, has been named to thepanel working on revising the WisconsinCriminal Code in connection with thenew "truth in sentencing" Law.He co-authored with Professor Michael Smiththe much-commented-on article "What IfCorrections Were Serious About PubLicSafety?" 2 Corrections ManagementQuarterly 12-30 (Summer 1998).

HOWARD ERLANGER. ProfessorErlanger's draft of the new WisconsinProbate Code was passed by theLegislature in March 1998 and signedinto law by the governor in May 1998. Itwent into effect Jan. 1, 1999. Erlangeralso completed WisconsinJs New ProbateCode: A Handbook for Practitioners, pub-LishedFall 1998 by the Law School'sContinuing Legal Education andOutreach Department (CLEW). A six-page article which Erlanger wrote,describing the probate code changes,appeared in Wisconsin Lawyer (Oct.1998). Erlanger is the new Director ofthe Law School's Institute for LegalStudies. In addition, in a surprise phonecall in November, Professor Erlanger wastold that Lawyers and the Pursuit ofLegal Rights, a book he co-authoredtwenty years ago, was one of two booksto win the Reginald Heber Smith BookAward from the National Equal JusticeLibrary. His co-authors for the book wereformer UW Law Professor Joel Handlerand research associate Ellen JaneHollingsworth. The congratulatory mes-sage to Professor Erlanger included thefollowing explanation: "If you're wonder-ing why a book you wrote in 1978 is

In celebration of the publication of theirrespective books, ProfessorsJane Larson andHoward Erlanger were called upon to do areading for their colleagues after a facultymeeting in the Sheldon Lubar Commons.In 1998, Professor Larson published HardBargains: The Politics of Sex (co-authoredwith Linda Hirshman, Oxford U. Press),and Professor Erlanger, who drafted thestate's new probate code, publishedWisconsin's New Wisconsin ProbateCode: A Handbook for Practitioners(UW Continuing Legal Education). The

professors choseto make the event moreunusual by trading books and reading

from each other's work.

receiving an award this year, it's becausethis is the first year of these awards, andany books on this subject written in the20th century were considered."

KEITH FINDLEY. ProfessorFindley of the Remington Center litigat-ed a significant case in the U.S. SupremeCourt in late 1997: as co-counsel withProfessor James Liebman of ColumbiaUniversity Law School, Professor Findleysuccessfully litigated Lindh v. Murphy,521 U.S. 320,117 S. Ct. 2059 (1997),in which the Supreme Court ruled thatthe habeas corpus provisions of theAntiterrorism and Effective Death PenaltyAct of 1996 may not be applied retroac-tively to habeas petitions pending at thetime of the Act's enactment. On remand,Professor Findley argued successfully inthe Seventh Circuit that Lindh's con-

frontation clause rights had been violatedduring his Wisconsin insanity trial by thetrial court's refusal to allow cross-exami-nation of the state's psychiatric expertwitness for bias arising from the expert'sown impending criminal charges.Professor Findley also joined theRemington Center's John Pray in success-fully litigating State v. Shonna Hobson(see description in entry for John Pray).

TED FINMAN. Emeritus ProfessorFinman contributed" 'Hate Speech'Codes in Theory and Practice," toAcademic Freedom on Trial: 100 Years ofSifting and Winnowing at the Universityof Wisconsin-Madison 186-199 (UWPress, 1997).

MARTHA (MEG) GAINES. MegGaines, who began in her new position asAssistant Dean for Student and AcademicAffairs this summer, has also been occu-pied in putting together the PatientAdvocacy Project for the Law School'sFrank J. Remington Center. This course,a joint clinical offering of the Law Schooland the Medical School, pairs law andmedical students together to advocate forcancer patients.

MARC GALANTER. AmongProfessor Galanter's articles for this peri-od are: "Anyone Can Fall Down aManhole: The Contingency Fee and ItsDiscontents," 47 DePaul Law Review457--477 (1998); "The Faces of Mistrust:The Image of Lawyers in Public Opinion,Jokes, and Political Discourse," 66University of Cincinnati Law Review805-845 (1998); and "An Oil Strike inHell: Contemporary Legends about theCivil Justice System," 40 Arizona LawReview 717-752 (1998); and "ShadowPlay: The Fabled Menace of PunitiveDamages," 1998 WisconsinLaw Review1-14.

HERMAN GOLDSTEIN.Emeritus Professor Goldstein has beennamed to a fellowship with the NewYork-based Open Society Institute, partof the Soros Foundations Network. Hewill serve as a Senior Soros Justice Fellowwith the Center on Crime, Communitiesand Culture. The Center seeks toenhance safety in communities by foster-ing better understanding of crime and

FACULTY NEWS

more effective responses to it. Goldsteinwill spend much of next year researchingnew directions for urban policing. Sincejoining the faculty in 1964, he has gainednational and international attention forhis more than 40 years of research andwriting on police discretion, police func-tion, the political accountability of thepolice, and the control of police-citizencontacts. In 1997 he published"Problem-Oriented Policing:Restructuring the Delivery of PoliceService," in Problem-Oriented Policing:Towards Best Practice 5-11.

MICHELE CAMMERS GOOD-WIN. Ms. Goodwin, one of this year'sWilliam H. Hastie Fellows, presentedpapers at: the 23rd Annual Law & MentalHealth Conference in Paris; the 1998Critical Legal Studies Conference(Lancaster, England); and the Mid-Atlantic People of Color LegalScholarship Conference (RutgersUniversity, New Ierscy); gave a talk at theUniversity of Kentucky on "Women,Mfirmative Action and the Law"; andcoordinated and spoke at the Race, Classand Education Workshop on Brown v.Board of Education at the UW LawSchool.

LINDA GREENE. ProfessorGreene was one of three featured speakersat the September 1998 symposium"Historical Perspectives on Race and Lawin the United States," which was co spon-sored by the Law School and theDepartment of Afro-American Studies.She presented the results of her study ofGaines ex rel Missouri v, Canada, the firstSupreme Court decision to reject exclu-sion of African-Americans from state-sup-ported higher (legal) education, withparticular emphasis of Missouri's responseto that decision. She also published"Hate in the Cloak of Liberty," inAcademic Freedom on Trial: 100 Years ofSifting and Winnowing at the Universityof Wisconsin-Madison 176-185 (UWPress, 1997).

KATHRYN HENDLEY. AmongProfessor Hendley's publications are:"Developing Commercial Law inTransition Economies: Examples fromHungary and Russia" (co-author with

Cheryl W. Gray) in The Rule of Law andEconomic Reform in Russia (WestviewPress, 1997); "Legal Development inPost-Soviet Russia," 13 Post-Soviet Affairs231-256 (1997); "Temporal andRegional Patterns of CommercialLitigation in Post-Soviet Russia," 39 Post-Soviet Geography and Economics 379-398(1998); "Struggling to Survive: A CaseStudy of Adjustment at a RussianEnterprise," 50 Europe-Asia Studies 91(January 1998); and "Remaking anInstitution: The Transition in Russia fromState 'Arbitrazh' to 'Arbitrazh' Courts,"46 American Journal of ComparativeLaw 93-127 (1998).

CHARLES IRISH. Professor Irishparticipated in a training program forChinese lawyers in October 1998 inShanghai, lecturing on the effects of theEast Asian Financial Crises on interna-tional trade laws and policies. WisconsinBar Association President Susan Steingassalso lectured. In November, he lecturedon US trade laws and policies at a train-ing program for the Taiwanese Ministryof Economic Affairs.

LEONARD KAPLAN. ProfessorKaplan was installed as president of theInternational Academy of Law andMental Health this June in Paris, at theacademy's 23rd International Congress,where Kaplan chaired a panel on "Law,Psychology and Literature," and delivereda paper entitled "The Metaphysics ofResponsibility: The Philosophical andPolitical Limits of Human and GroupAgency." Professor Kaplan also workedon organizing this October's conferencein memory of Professor Fannie LeMoine,"Living with Divinity: The Place of theSpiritual in Academic Discourse." Kaplanwon a Vilas Associate Award in thehumanities division in 1998, for a projectin which he is studying the implicationsfor our understanding of criminal law andcriminal responsibility that can come fromfiction accounts of crime and its investiga-tion. He published "A Poetics ofTransgression and Forgiveness" in 4Graven Images 250-265, the journalwhich he co-edits with English professorAndrew Weiner.

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BETTY KARWEICK. Ms.Karweick, a Law School lecturer in legalresearch, spoke in October 1998 at theMidwestern Regional Law LibrarianConference, LibraryFest MidWest, held inMilwaukee. She highlighted develop-ments in teaching legal research strategiesto law students and attorneys in an age of"sound bites and Sesame Street."

BEN KEMPINEN. ProfessorKempinen supervised 25 second-year lawstudents who completed internships in 20district attorney offices during summer1998 as part of the Remington Center'sProsecution Project. Under the supervi-sion of local prosecutors, students con-ducted pre trial conferences and hearings,and, in some instances, tried cases beforejuries. Kempinen presented talks at thewinter and summer State Prosecutors'Conferences on ethical issues of signifi-cance to prosecutors, and he is a memberof the Wisconsin District AttorneyAssociation's Ad Hoc Committee onRevision of the Ethical Rules on prosecu-tor conduct with unrepresenteddefendants.

JOHN KIDWELL. ProfessorKidwell, winner of the 1997 Law SchoolTeacher of the Year Award, will serve asthe new chairperson of the drafting com-mittee for contracts questions for theNational Conference of Bar Examiners,responsible for composing the questionsfor the Multistate Bar Examination.

BRUCE KITTLE. Through anarrangement between the Law Schooland the Department of Corrections,Professor Kittle of the RemingtonCenter's Restorative Justice Project isworking to develop victim-offender con-ferencing as part of the Dane CountyEnhanced Supervision Project. In June,Professor Kittle's work was honored byUW Chancellor David Ward as a"University Community Partnership."

HEINZ KLUG. Professor Klugpublished "Water Law Reform under theNew Constitution," The Human Rightsand Constitutional Law Journal of SouthAfrica 5 (1997); "Introducing the Devil:An Institutional Analysis of the Power ofConstitutional Review," in 13(2) SouthAfrican Journal on Human Rights 185

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FACULTY NEWS

(1997); and "Amnesty, Amnesia, andRemembrance: Obligations Past andPresent Duties to Future Generations," in4 Graven Images 123-126 (1998). Hewas awarded an S.J.D. degree from theUniversity of Wisconsin Law School inDecember 1997, after completion of thethesis Universal Principles, Local Prism:South Africa's Constitutional Transitionin Global Perspective.

NEIL KOMESAR. ProfessorKomesar published "Exploring theDarkness: Law, Economics andInstitutional Choice," 1997 WisconsinLaw Review 465; and "The Perils ofPandora: Further Reflections onInstitutional Choice," 22 Law and SocialInquiry 999-1009 (1997).

HERBERT KRITZER ProfessorKritzer's publications included:"Contingency Fee Lawyers asGatekeepers in the American Civil JusticeSystem," 81 Judicature 22-29 (1997);"Evaluating the American Law Institute:Research Issues and Prospects," 23 Law&Social Inquiry 667-671 (1998); and"Familiarity Breeds Respect: Evaluatingthe Wisconsin Courts," (co-author withJohn Voelker) 82 Judicature 58-64(1998).

KATHERINE KRUSE. ProfessorKruse, of the Law School's Frank J.Remington Center, published the article"Race, Angst and Capital Punishment:The Burger Court's Existential Struggle"in 9 Seton Hall Constitutional LawJournal (Fall 1998).

STANLEY KUTLER ProfessorKutler edited and wrote the introductionand commentary to Abuse of Power: TheNew Nixon Tapes (New York: Free Press,1997).

JANE LARSON. Professor Larson'sbook Hard Bargains: The Politics of Sex,co authored with Linda Hirshman, waspublished by the Oxford University Pressin 1998. She also received a grant fromthe Land Tenure Center to pursue furtherresearch on land and housing conditionsalong the Texas-Mexico border, and pub-lished " 'Even a Worm Will Turn at Last':Rape Reform in Late Nineteenth CenturyAmerica," 9 Yale Journal of Law and theHumanities 1 (1997).

MICHELE LAVIGNE. ProfessorLavigne, of the Remington Center, wasappointed in 1997 to lie WisconsinAttorney General's Task Force onChildren in Need. Both she and MegGaines worked on the faculty of theNational Criminal Defense ColJege,Macon, Georgia, and the Institute forCriminal Defense Advocacy, CaliforniaWestern Law School, in San Diego. She iscurrently at work on a mock trial pro-gram at the Wisconsin School for theDeaf, in Delavan.

STEWART MACAULAY. ProfessorMacaulay's article "Willard's Law School?Tributes to James Willard Hurst"appeared in 1997 Wisconsin Law Review1163-1179.

ARTHUR McEVOY. ProfessorMcEvoy was a co-creator of the photoand text exhibit, "Slavery and Freedom inWisconsin," which was on display in theLaw School atrium throughout Octoberto mark the Wisconsin Sesquicentennial.With numerous photographs and docu-ments from the Wisconsin StateHistorical Society, this exhibit presentedthe little-known history of Wisconsin'sAfrican-American population through theend of the Civil War. Preceding the offi-cial opening on Sept. 27, an overflowcrowd attended the related Sesqui-centennial Symposium, "HistoricalPerspectives on Race and Law in theUnited States," whose speakers includedtwo Law School alumni, Lea VanderVeldeand Anthony Baker, and Professor LindaGreene. Professor McEvoy also published"Markets and Ethics in US PropertyLaw," in Who Owns America?: SocialConflict over Property Rights, ed. HarveyM. Jacobs and Kurt Brown (UW Press,1998).

STEPHEN MElLI. Professor Meilipublished "Cause Lawyers and SocialMovements: A Comparative Perspectiveon Democratic Change in Argentina andBrazil," in Cause Lawyering: PoliticalCommitments and ProfessionalResponsibilities, Sarat and Scheingold, eds.(Oxford U. Press, 1998) and presentedthe paper "Latin American CauseLawyering Networks" at the annual meet-ing of the Law & Society Association, in

Aspen, Colorado in 1998. At theInternational Seminar and Meeting ofLegal Clinics, in Buenos Aires in 1997,he presented the paper "Seeking to MakeJustice More Accessible: A ClinicalPortrait."

His paper "Paradigms for Preventionand Resolution Conflict: Experiences ofthe Consumer Law Litigation Clinic atthe University of Wisconsin Law School"was presented at the UCLA/IALS FourthInternational Clinical Conference, LosAngeles, in 1997. In April 1998, he pre-sented an overview of state and federalconsumer protection laws in a continuinglegal education seminar entitled"Protecting Consumers for Fun andProfit," sponsored by the Wisconsin StateBar. In June 1998, the Consumer LawLitigation Clinic, which Professor Meilidirects, received a grant from theConsumer Protection Committee of theState Bar to publish a legal manualinforming Wisconsin consumers of theirrights and obligations in a wide variety ofsituations, including consumer loans,credit cards, automobile repairs, insuranceclaims, and fraudulent sales tactics.

MARYGOLD (MARGO) MELLI.Professor Emerita Melli's publicationsinclude "The Changing World ofPostdissolution Child Custody," with P.Brown and M. Cancian, 1997 IllinoisLaw Review 773; "The Economics ofShared Custody and Dual Residence,"with P. Brown, 17 Fairshare 6 (May1997); The Law of Divorce Jurisdiction,18 Wis. J. Fam. L. 50 (1998); "ChildSupport Enforcement in Cases ofDisputed Paternity Proceedings," chapterin Disputed Paternity Proceedings(Matthew Bender, 1997); and "GuidelineReview: The Search for an EquitableChild Support Formula" in ChildSupport: The Next Frontier (tentativetitle), forthcoming from the U. ofMichigan Press. Among papers she haspresented was "The Changing Law ofIntimate Relationships," for the confer-ence "The Ties that Bind: Perspectives onMarriage and Cohabitation," sponsoredby the National Institutes of Health inJune 1998.

FACULTY NEWS

SAMUEL MERMIN. EmeritusProfessor Mermin contributed "Thoughtson the Legendary Willard Hurst" in 1997Wisconsin Law Review 155-161; andpublished "Further Aspects of the'Purpose' Element in American StatutoryInterpretation" in Toward ComparativeLaw in the 21st Century: The 50thAnniversary of the Institute ofComparative Law in Japan (Tokyo: ChuoU. Press, 1998).

RICHARD MONETTE. ProfessorMonette, director of the Great LakesIndian Law Center, completed the sup-plement for the Clinton, Newton case-book on Indian law and "AmericanConstitutionalism and Indian Tribes: AnOld World to a New,"a chapter forAmerican Constitutional History at theMillennium, ed. Van Burkleo. He finisheddrafting the constitution of the EasternBand of Cherokee (surrounded by NorthCarolina), and the Saginaw Chippewa(surrounded by Michigan). He completedhis term on the Environmental ProtectionAgency's advisory committee onEnvironmental Justice, and was appointedto another EPA advisory committee deal-ing with application of Title VI (the CivilRights Act) in the environmental arena,and completed his term as president ofthe National Native American BarAssociation.

BEVERLY MORAN. ProfessorMoran published "Exploring theMysteries: Can We Ever Know Anythingabout Race and Tax?" in 76 University ofNorth Carolina Law Review 101 (1998);and Taxation in Eritrea (WisconsinCenter on Law and Africa, 1998); andhas made numerous presentations, includ-ing talks at Duke University Law Schooland Georgetown University Law Centeron "A Black Critique of the InternalRevenue Code," based on the 1996 arti-cle of the same name that she co-authored with Professor William Whitford(1996 Wisconsin Law Review 751-820).

VICTORIA NOURSE. ProfessorNourse published "Passion's Progress:Modern Law Reform and theProvocation Defense" in 106 Yale LaJVJournal 1331-1448 (1997); "MakingConstitutional Doctrine in a Realist Age,"

145 Pennsylvania Law Review1401-1457 (1997); and "The NewNormativity: The Abuse Excuse and theResurgence ofJ udgment in the CriminalLaw," 50 Stanford Law Review (April1998); and "The Violence AgainstWomen Act: A Legislative History," inViolence Against Women: Law andLitigation, ed. Franzee, Noel, andBrenneke (Clark Boardman Callaghan,1997).

THOMAS PALAY. Associate DeanPalay published "Informal Contracts andRegulatory Constraints," in The NeJVPalgrave Dictionary of Economics and theLaw, ed. Newman (Macmillan Reference,Stockton Press, 1998).

JOHN PRAY. Professor John Prayof the Remington Center recently won asignificant case in the Wisconsin Court ofAppeals on the subject of prosecutorialmisconduct, State v. Lettice, Slip. Op.No. 97-3708-CR (July 21, 1998). InLettice, the Court of Appeals held thatthe defendant's double jeopardy rightswould be violated by retrial, where hisconviction was vacated on the ground ofegregious prosecutorial misconduct (theprosecutor charged the defendant's attor-ney with a crime on the eve of trial, anddropped the charge as soon as the defen-dant was convicted). The State declinedto petition for review in the WisconsinSupreme Court. Professor Pray, alongwith Remington Center Professor KeithFindley, also successfully defended dis-missal of the charges against the defen-dant in State v. Shonna Hobson, 218 Wise.2d 350, 577 NW.2d 825 (1998). InHobson, the Wisconsin Supreme Courtabrogated the common rule that a citizenhas the right to use force to resist an ille-gal arrest. However, on ex post factogrounds, the Court upheld dismissal ofthe charges against Ms. Hobson, whotried to prevent the police from takingher five-year-old son into custody forallegedly stealing a bicycle.

MARY BARNARD RAY. Ms. Ray,a legal writing specialist who conducts theLaw School's Individualized InstructionService, writes the regular column "InPlain English" for Wisconsin Lawyer.Recent columns include "Writing Good

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News and Bad News Letters" (Sept.1997); "Pet Peeves ofImproper EnglishUsage," (Dec. 1997); "Spell Checkers,Proofreading, and the Lack of a FreeLunch," (May 1997); "When WeavingEmotional Arguments into Legal Logic,"(March 1998); and "A Dear John Letter... or How to Construct Your LitigationDocuments," (April 1998). Ms. Raymade a presentation on persuasive writingfor the American Academy of AppellateLawyers in April 1998.

JOEL ROGERS. Professor Rogerspublished "The Folks Who Brought Youthe Weekend: Labor and IndependentPolitics," in Audacious Democracy:Laborers, Intellectuals, and the SocialReconstruction of America 247-261, ed.Fraser and Freeman (Houghton Mifflin,1997); "A New Urban Agenda," 22Boston Review 3-8 (1997); and The Stateof Worhing Wisconsin (co-author withLaura Dresser and Scott Mangum),(Center on Wisconsin Strategy, 1998).

DAVlD SCHULTZ. Associate DeanSchultz, director of Continuing LegalEducation and Outreach (CLEW),reports the success of the 34th annualALI-ABA Summer Program at UW, cosponsored by CLEW in 1998. Titled"Estate Planning in Depth: AComprehensive Review of the Principlesand Techniques of Lifetime andTestamentary Planning," the programfeatured a faculty of experts from aroundthe U.S. The week-long program, attend-ed by approximately 210 participants,received the highest ratings of any pro-gram that year and perhaps the highestever-among the top five in the historyof the long-standing cooperative programbetween CLEW and the ALI-ABA.

GREGORY SHAFFER. ProfessorShaffer received a National ScienceFoundation grant in 1998 for research inGeneva, Switzerland, addressing the treat-ment of trade and environment issues bythe World Trade Organization. His publi-cations include "Mechanisms for theNegotiation of International TradeClaims by Public Authorities on behalf ofPrivate Enterprises in the EuropeanUnion: A Public-Private Partnership," in92 Proceedings of the Annual Meeting of

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the American Society of International Law212 (Spring 1998); and "Trade andEnvironment: Options for Resolution ofthe WTO Shrimp-Turtle Case," 15 BNAInternational Trade Reporter (Feb. 18,1998). Among talks he has given withinhis field of international law are "Tradeand Environment within the WTO:Accountability of an International TradeOrganization: Tradeoffs andConstraints," at the American Society ofInternational Law conference "Linkagesas Phenomenon: An InterdisciplinaryApproach" (1997); and "EmploymentRelations Law in France" at the confer-ence "Strategic Issues for MidwestBusiness in the New Europe," at the UWBusiness School (1997). He also serves asprogram director of the exchange pro-gram between UW and the EuropeanUniversity Institute in Florence, Italy.

MICHAEL SMITH. ProfessorSmith, in collaboration with theWisconsin Department of Corrections,has received a grant to conduct four semi-nars a year with judges, academics andcorrections professionals to search formore satisfactory ways to use the combi-nation of the sentencing power and thecorrections system to achieve importantsocietal objectives, including justice andsafety. Smith is also collaborating withscholars from Harvard and Minnesota inleading the National Executive Seminaron Sentencing and Corrections. Thisgroup of scholars and policy-makers alsomeets four times a year and focuses onissues related to the corrections system.Professor Smith co-authored withProfessor Walter Dickey the article "WhatIf Corrections Were Serious About PublicSafety?" 2 Corrections ManagementQuarterly 12-30 (Summer 1998).

GERALD THAIN. Professor Thainis co-recipient of a grant from the RobertWood Johnson Foundation to study theimpact of litigation as a means of tobaccocontrol. He was co organizer and presen-ter for the National Conference on "TheSo-Called Global Tobacco Settlement,"held at the UW Law School in October,1997, and he is co-author with ProfessorsMarc Galanter and Peter Carstensen, of"The So-Called Global Tobacco

Settlement: Its Implications for PublicHealth and Public Policy-An ExecutiveSummary of a Conference at theUniversity of Wisconsin Law School," in22 Southern Illinois Law Review (1998).His talk "The First Amendrnent andCigarette Advertising," is published in theproceedings of the conference (UW LawSchool Institute for Legal Studies, 1998).He is co-author with Charyn Sutton ofAdvertising Regulation in TobaccoPrevention and Control, a Health ScienceAnalysis Project policy analysis of tobaccolegislation proposed in Congress, avail-able from the Advocacy Institute,Washington, D.C. and Onyx Group,Philadelphia (1998). Among talks thatProfessor Thain has delivered was"Comparing Psychological and LegalApproaches to Interpretation of CigaretteAdvertising" at the InternationalCongress on Law and Mental Health(1998), to be published in the congressproceedings; and "An Overview of tlleLaw of Commercial Paper," presented invarious schools in Indonesia under aUSAID grant.

JOSEPH THOME. EmeritusProfessor Thome published "Land Rightsand Agrarian Reform: Latin Americanand South African Perspectives," inFaundez, Julio, ed., Good Governmentand Law: Legal and Institutional Reformin Developing Countries (MacMillan andSt. Martin's Press, 1997). He deliveredthe paper "Reforms and the Transitionsto Democracy in Latin America" at theconference "Democracy and the Rule ofLaw; Institutionalizing Citizenship Rightsin New Democracies" in Montreal(1998), and the paper "Searching forDemocracy: The Rule of Law and theProcess of Legal Reform in LatinAmerica" in Onati, Spain at a workshopon judicial reform at the InternationalInstitute for the Sociology of Law(1998).

CLIFF THOMPSON. ProfessorThompson returned full-time to the LawSchool in Fall 1997 after serving morethan four years as the Legal EducationAdviser to the Government of Indonesia,the world's most populous Islamic coun-try, on an economic law project of me

government and USAID. He assisted the26 public law schools to strengthen theircapacity to teach the coming generationof lawyers, conducting training programsfor 100 faculty full-time for one semester,100 faculty full-time for one month, and1600 teachers and lawyers in one- ortwo-day workshops. He was in residenceat the University ofIndonesia, andlearned the Indonesian language for thisproject, which produced and publishedsix basic books and produced three newsets of teaching materials and revisions often others. His documentation of theproject, "Analysis of Economic LawCurriculum and Faculty in the 26 PublicLaw Schools of Indonesia, 1992-93through 1996-97," was published by theELIPS Project of the Ministry of FinanceofIndonesia, 1998.

LOUISE TRUBEK. ProfessorTrubek, in collaboration with the LawSchool's East Asian Legal Studies Center,has received a grant from the Center forGlobal Partnerships of the JapanFoundation for the project, "ProvidingLegal Services for Under-representedGroups in East and Southeast Asia. " Theproject will include a conference of thesame name, whose papers will be pub-lished in the volume Educating forJustice: Legal Education) Practice and theCommunity. Professor Trubek con-tributed the chapter "The Health CarePuzzle: Creating Coverage for Low WageWorkers and Their Families," in the vol-ume Hard Labor: Women and Work in thePost Welfare Era (M.E. Sharpe, 1998).She also published "Critical Lawyering:Social Justice and the Structures ofPrivate Practice," co-authored with M.Elizabeth Kransberger [now UW Deanfor Admissions] in Cause LalVyering:Political Commitments and ProfessionalResponsibility 201 226 (Oxford U. Press,

FACULTY NEWS

1997). Her article "ReinvigoratingPoverty Law Practice Sites, Skills andCollaborations" was published in 15Fordham Urban Law Journal 1998.Trubek, Clinical Professor of Law, isdirector of the Law School's Center forPublic Representation.

BERNARD TRUJILLO. ProfessorTrujillo published "The WisconsinExemption Clause Debate of 1846: AnHistorical Perspective on the Regulationof Debt," in 1998 Wisconsin Law RevielV747-763.

FRANK TUERKHEIMER.Professor Tuerkheimer, who was associateprosecutor for the Watergate SpecialProsecution Force, testified on Sept. 9before the Constitutional LawSubcommittee of the Senate JudiciaryCommittee on the possibility of indictinga sitting president, in connection withIndependent Counsel Kenneth Starr'sreport on alleged offenses by PresidentClinton. Tuerkheimer's recently releasedelectronic evidence text, Evidence: Theoryand Practice) (Lexis-Nexis, 1997) is thefirst of its kind. Currently, he has under-taken representation of an indigent per-son on death row in Alabama, and hasfour UW law students assisting on thecase. He also published "United States v.Martinez on Appeal: The DisturbingAnatomy of Harmless Error," 21American Journal of Trial Advocacy269-291 (1997). Tuerkheimer received aVilas Associate Award in the social studiesdivision in January 1998, for his investi-gation of the fifth amendment, the privi-lege against self-incrimination.

GRETCHEN VINEY. ProfessorViney came to the Law School in 1997 tojoin the Clinical Practice Program asClinical Assistant Professor. In the lasttwo years, she published two chapters inState Bar treatises: Chapter 6:

"Guardianship: Chapter 880," in theGuardian ad Litem Handbook, CLEBooks, 1997, and Chapter 16"Guardianship and ProtectivePlacement," in Advising Older Clientsand Their Families, CLE Books, 1998.

ALAN WEISBARD. ProfessorWeisbard's article "Against the EmergingStream: Should Fluids and NutritionalSupport be Discontinued?", co-authoredwith M. Siegler, was published in ClassicWorks in Medical Ethics: CorePhilosophical Readings (McGraw Hill,1998), reprinted from 145 Archives ofInternal Medicine 129-131 (Jan. 1985).He also published "UnconventionalWisdom: Caring for the Dying: Can WeDo Better?" in On Wisconsin 35(Sept.-Oct. 1997).

WILLIAM WHITFORD. EmeritusProfessor Whitford has made several pre-sentations on consumer bankruptcyreform in the last two years, including tothe National Bankruptcy ReviewCommission (1997), to the MLS and tothe State Bar of Wisconsin (1998), anddelivered a paper at a conference on com-parative consumer bankruptcy law inToronto, Canada (1998). He published"Changing Definitions of Fresh Start inAmerican Bankruptcy Law," 20 Journalof Consumer Policy 179-198 (1997); and"Remarkable," (response to article byLawrence Zelenak in same issue), 76North Carolina Law RevielV 1639-1652(1998), which arose from the symposium"Critical Tax Theory: Criticism andResponse. The entire symposium wasdevoted to a review of a number of recentarticles developing critical tax theory,including one that Professor Whitford coauthored with Professor Beverly Moran,"A Black Critique of the InternalRevenue Code," in 1996 Wisconsin LawRevielV 751-820.

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