Faculty File

News Briefs From Around The Law School

Publications

Jerome Barron’s “Citizenship Matters: The Enemy Combatant Cases” was published in the Notre Dame Journal of Law, Ethics & Public Policy symposium “Security and Liberty.” His chapter “Creating a New First Amendment Right” was published in Defending the First—Commentary on First Amendment Issues and Cases, edited by Joseph Russomano (Lawrence Erlbaum Associates, 2005).

“Beyond Retribution and Impunity: Responding to War Crimes of Sexual Violence” by Naomi Cahn appeared in 1 Stanford Journal of Civil Rights & Civil Liberties 217 (2005) as part of the journal’s inaugural issue symposium. She published “Adoptees, Families, Stepfamilies, and Inheritance,” in 8 Adoption Quarterly 57 (2004).

Steve Charnovitz published: “An Analysis of Pascal Lamy’s Proposal on Collective Preferences” in 8 Journal of International Economic Law 311 (2005); “Belgian Family Allowances and the Challenge of Origin-Based Discrimination” in 4 World Trade Review 7 (2005); a chapter on “The World Environment Organization” in an edited volume (U.N. University Press, 2005); and commentary on “The Relevance of Non-State Actors to International Law” in an edited conference volume (Max Planck Institute for Comparative Public Law and International Law, 2005).

“Revitalizing the Forgotten Uniformity Constraint on the Commerce Power” by Thomas Colby appeared in 91 Virginia Law Review 249 (2005).

“From Emancipation to Equality: The Afro-Latin’s Unfinished Struggle,” a review essay by Robert J. Cottrol, was published in 57 American Quarterly 573 (2005). He also published “Contemporary Brazilian Struggle Against Racial Inequality: Some Preliminary Comparative Thoughts” at 66 University of Pittsburgh Law Review 113 (2004).

Charles Craver co-wrote the 11th edition of Labor Relations Law: Cases and Materials (Matthew Bender, 2005). His “Negotiating Employment Opportunities” was published in the September issue of The Negotiator Magazine. Craver also provided written material and video commentary for a book and CD being prepared by K.P. Berger of the University of Cologne.

This fall, GW Law first-year students are using a legal writing and analysis textbook, Legal Research and Writing (Foundation Press, 2005), co-written by Christy DeSanctis and Michael Murray.

C. Thomas Dienes and Jerome Barron published the 2005 cumulative supplement to their casebook, Constitutional Law: Principles and Policy (6th edition; LexisNexis, 2002), and are working on its seventh edition.

Recent publications by William Kovacic include: “Measuring What Matters: The Federal Trade Commission and Investments in Competition Policy Research and Development” in 72 Antitrust Law Journal 861 (2005); “The Impact of Leniency and Whistleblowing Programs on Cartels” in International Journal of Industrial Organization (2005) with Cecile Aubert and Patrick Rey; “Achieving Better Practices in the Design of Competition Policy Institutions” in On the Merits—Current Issues in Competition Law and Policy 195 (edited by Paul Lugard and Leigh Hancher, Intersentia, 2005); and “Competition Policy Cooperation and the Pursuit of Better Practices” in The Future of Transatlantic Economic Relations: Continuity Amid Discord 65 (David M. Andrews, Mark A. Pollock, Gregory C. Shaffer, and Helen Wallace, editors; Robert Schuman Centre, European University Institute; 2005).

Cynthia Lee’s “Murder and the Reasonable Man Revisited: A Response to Victoria Nourse” is featured in the fall issue of the Ohio State Journal of Criminal Law. Her “Interest Convergence and the Cultural Defense” is forthcoming in a symposium on culture and crime in the Florida Journal of Law and Public Policy.

“Suburban Sprawl, Jewish Law, and Jewish Values” by Michael Lewyn appears in 13 Southeastern Environmental Law Journal 1 (2004).

West published a new casebook by Gregory Maggs, Terrorism and the Law, in June.

“Taking Multinational Corporate Codes of Conduct to the Next Level” by Sean Murphy appeared in 43 Columbia Journal of Transnational Law 389 (2005). His presentation from October 2004 on the legal framework for preemptive self-defense was published in 29 Fletcher Forum of World Affairs 33 (2005).

Peter Raven-Hansen served as the reporter and principal author for “Deciding to Use Force Abroad: War Powers in a System of Checks and Balances,” a report of the War Powers Initiative of the Constitution Project, published in June. The initiative was a blue-ribbon committee of former officials from all three branches, legal scholars, and NGO officials who convened to make recommendations about war powers decisions.

Arnold Reitze published Stationary Source Air Pollution Law (Environmental Law Institute, 2005).

The 11th Circuit accepted an amicus brief written by Catherine Ross in Cobb County School District v. Selman on behalf of Georgia Citizens for Integrity in Science Education et al., which will be argued later this year by a GW Law alumna.

Steve Schooner’s “Contractor Atrocities at Abu Ghraib: Compromised Accountability in a Streamlined, Outsourced Government” was published in 16 Stanford Law & Policy Review (2005). His feature comment “Empty Promise for the Acquisition Workforce” appeared in the May 4 issue of The Government Contractor. Schooner also published “Viewpoint: Procurement Proper” in 14 Government Executive 86 (2005).

The third edition of Michael Selmi’s casebook, Civil Rights Litigation, (Carolina Academic Press, 2005) was published this summer. The book was co-written by Roy Brooks and Gil Carrasco.

David Sharpe’s 1991 casebook on medical liability was edited and expanded as Liability in Medicine and Public Health, (Thomson/West, 2004) by Marcia M. Boumil of the Tufts University School of Medicine. His article “Admiralty Jurisdiction: The Power over Cases” appeared in 79 Tulane Law Review 1149 (2005), supporting his appearance at the Tulane Admiralty Law Institute.

In August, Lewis Solomon published Financial Security & Personal Wealth (Transaction Publishers, 2005).

Daniel Solove’s “Melville’s Billy Budd and Security in Times of Crisis” in 26 Cardozo Law Review 2443 (2005) was published in May as part of a law and literature symposium issue. His “Data Privacy and the Vanishing Fourth Amendment” was published in The Champion magazine in May. Solove has several pieces forthcoming publication: “A Taxonomy of Privacy” in the University of Pennsylvania Law Review; “The Multistate Bar Exam as a Theory of Law” in the Michigan Law Review; “Fourth Amendment Codification and Professor Kerr’s Misguided Call for Judicial Deference” in a symposium issue of the Fordham Law Review; “A Model Regime of Privacy Protection,” co-written by Chris Hoofnagle, in the University of Illinois Law Review; and the second edition of his casebook, Information Privacy Law (Aspen Publishers).

A Concise Hornbook on International Business Transactions, Trade and Economic Relations(West Group, 2005) by Andy Spanogle was published in August. The eighth edition of his International Business Transactions: A Problem-Oriented Coursebook (West Group, 2005) was published in July.

Ralph G. Steinhardt’s monograph, “Corporate Responsibility and the International Law of Human Rights: The New Lex Mercatoria,” was published as part of a book titled Non-State Actors and Human Rights, edited by Philip Alston (Oxford University Press, 2005). The piece was based on lectures he had given at the European University Academy in Florence and at Oxford as part of the Caceris Memorial Lecture Series.

Christopher Yukins published two comments on procurement reform, “Understanding the Current Wave of Procurement Reform—Devolution of the Contracting Function” in 47 The Government Contractor 255 (2005) and “A Pedagogical Perspective on Training the Acquisition Workforce” in 47 The Government Contractor 204 (2005). He also published a piece on emerging issues in comparative public procurement law, “UNCITRAL Considers Electronic Reverse Auctions, as Comparative Public Procurement Comes of Age in the United States,” in 2005 Public Procurement Law Review No. 4, 183, with Don Wallace Jr. of Georgetown University.

Activities, Awards & Honors

Martin Adelman in May presented “Recent Case Law of the CAFC under The Doctrine of Equivalents post ‘Festo’” in Munich, Germany, at a seminar sponsored by VPP Bezirksgruppe. In June, he delivered “Provisional Measures in Patent Cases” at the International Congress on Commercial and Business Law held at the University of Buenos Aires School of Law. In July, he moderated a panel that included Federal District Judge Kent A. Jordan, Peter Meier-Beck of the German Federal Supreme Court, Takuya Ueda of the new Tokyo IP High Court, and Mario Franzosi of the University of Verona. The panel was titled “Claim Construction, Examination of Phillips Questions from the Comparative Law Perspective” and was part of the High Technology Protection Summit sponsored by the University of Washington Law School in Seattle.

After appearing in the film Super Size Me, John Banzhaf III has consulted on several obesity-related cases and obtained a ruling from the federal government permitting insurance companies to charge the obese more for health insurance. He has also played a major role in the adoption of the world’s first international anti-tobacco treaty, and he is now helping to lead a coalition of almost 200 organizations in about 100 countries to help enforce it. He has also helped to organize almost a dozen international teaching symposia/conferences on the treaty, including a recent one attended by the president of Uruguay. Banzhaf also played a significant role in convincing the federal government to seek certiorari of a ruling that emasculated its civil prosecution of major cigarette companies, and in persuading Washington to become the 17th state to consider parental smoking as a factor in custody battles and prompt several beaches to ban smoking. He has made appearances on The Late Late Show and The Daily Show; his writings have appeared in The New York Times and USA Today; and Banzhaf was recently profiled in The American Lawyer.

Carter Bishop presented “The Bankruptcy of an LLC Member: Does the Trustee Run the Company?” at the August ABA meeting in Chicago. A bankruptcy law article is forthcoming. He also made a presentation at the September ABA meeting in San Francisco on “The Taxation of Charging Orders: A Procrustean Nightmare.” A federal tax article is forthcoming.

In April, Naomi Cahn presented a paper at the University of Maryland Law School symposium on “Women and the ‘New’ Corporate Governance.” She also presented “Child Soldiers and Child Witches” at the Emory Law School Feminism and Legal Theory Project’s conference on “Competing Paradigms of Rights and Responsibility.” She is co-editor of the “Legal Intersections” column of Adoption Quarterly.

In July, Steve Charnovitz delivered a lecture at the Inter-American Development Bank on worker rights in trade. In September, he participated in a panel session on trade, environment, and indigenous communities at a conference in Washington sponsored by the U.S. Conference of Catholic Bishops. Over the summer, he gave lectures at GW to visiting groups from Korea and Thailand and participated in a panel session at the Elliott School of International Affairs for state government officials. In addition, he was elected to the editorial board of the World Trade Review, a peer-reviewed journal published by Cambridge University Press.

Robert J. Cottrol delivered “Cultura y Leyes: La Segregación Racial en la Justicia de los Estados Unidos” in June before the Instituto de Relaciones Internacionales, Facultad de Ciencias Juridicas y Sociales at La Universidad Nacional de la Plata in Argentina.

In June, Charles Craver made a presentation on negotiating to business lawyers at the Transnational Center in Cologne, and he taught a class on negotiating to law students at the University of Cologne. He also made a presentation on U.S. labor and employment law to international labor specialists at the Meridian International Center in Washington.

Jack Friedenthal was re-elected for a three-year term as a public member of the National Architectural Accreditation Board, the authority that approves or disapproves programs at schools of architecture throughout the United States.

In May, Susan Karamanian presented “International and U.S. Death Penalty Jurisprudence: The Challenge of Medellin v. Dretke” at a conference sponsored by the North American Consortium on Legal Education at Dalhousie University Law School in Halifax, Canada. She also discussed “The Changing Shape of Law in an Increasingly Borderless World” at a dinner for the directors of the Library of Congress’s Global Legal Information Network. Karamanian served on the planning committee for the 2005 Hague Joint Conference on Contemporary Issues in International Law sponsored by the American Society of International Law and the Nederlandse Vereniging voor International Recht. The conference was held this summer in The Hague, and she chaired the panel “Specialized and Niche International Institutions: Special Issues of Reform.”

William Kovacic in July presented “Convergence and Conflict in Global Competition Policy: Modern Trends” at the Catham House conference in London and “The Use of Ex Post Evaluations in Formulating Competition Policy” at the Latin American Competition Forum of the Inter-American Development Bank and the Latin American Competition Forum in Madrid. Kovacic also participated in a U.S. Agency for International Development program in Astana, Kazakhstan, to advise the government of Kazakhstan about possible reforms to Kazakhstan’s antimonopoly law. In August, he presented “The Legal Principles of Competition Law Enforcement” at the Competition Law Conference of the Competition Commission of Singapore; “Regional Cooperation and the Development of Competition Policy in Asia” at the Consumer Unity and Trust Society seminar on Competition Law in Developing Countries in Hanoi, Vietnam; and “Creating a Curriculum for Competition Policy” at the ASEAN conference on Competition Policy, in Bangkok, Thailand.

Cynthia Lee will moderate a panel on “Contemporary Issues in Race and Crime” sponsored by the AALS Criminal Justice Section and the AALS Minority Law Professors Section at the AALS meeting in January. She also was invited to speak on a panel about teaching self-defense at the AALS Workshop on Criminal Law and Procedure, to be held in Vancouver, Canada, in June. Lee was appointed to serve as chair of the Multicultural Women Attorneys Network by the ABA Commission on Racial and Ethnic Diversity in the Profession.

In July, Ira C. Lupu and Robert Tuttle spoke about the Faith-Based and Community Initiative at a plenary session of the annual conference of the American Public Human Services Association. Lupu also addressed this subject in a panel presentation to the National Grants Management Association in May. In addition, Lupu serves on an advisory committee to the Joint Center for Political and Economic Studies in connection with its research project on the Faith-Based Initiative and black churches.

Michael Matheson participated in the May-August session of the U.N. International Law Commission as the Commission’s American member. In July, he made a presentation on the United States and international organizations to the joint conference of the American and Netherlands International Law Societies in The Hague.

In June, Joan Meier presented an overview of Castle Rock, Colorado v. Gonzales to professionals involved with the Greenbook, who were attending a national conference in Colorado. The Greenbook is a multiyear federally funded initiative that brings together juvenile courts, child welfare systems, and domestic violence advocates to address the co-occurrence of child maltreatment and domestic violence. In June, she also spoke about the case at the annual conference and “Lobby Day” for domestic violence advocates hosted by the National Network to End Domestic Violence. In July, she was a trainer for the ABA Commission on Domestic Violence’s Civil Law Institute, which provided specialized litigation skills training for domestic violence lawyers in Chicago. In September, she spoke to the D.C. Chapter of Zonta International, a professional women’s club committed to battling poverty and furthering women’s rights and equality, about the Castle Rock case. In addition, she and several of her students met with 10 Sharia (Islamic) judges from Jordan to discuss family law, violence against women, and child protection in the United States. The trip was organized by the American Embassy in Jordan and the Academy for Educational Development.

At Ethical Corporation magazine’s conference in London in June, Larry Mitchell gave the keynote address. He also presented before the Annenberg Foundation Trust at Sunnylands Institutions of Democracy Commission on the Press.

At GW Law in September, Sean Murphy spoke about the success of the December 2000 Ethiopia-Eritrea peace agreement as part of a symposium on “Conflict Resolution in Africa: A Route to Success?” He also attended a meeting of the U.S. Department of State’s Advisory Committee on Public International Law. He chaired a panel at GW Law in September on “Continuity and Change in the Law of War: 1975 to 2005” at “Lawyers and Wars: A Symposium in Honor of Edward R. Cummings.”

On Sept. 30, Spencer Overton presented the Capstone Address at the University of the District of Columbia Law Review Election Reform Symposium. Overton is a member of the Carter Baker commission on Election Reform.

Peter Raven-Hansen briefed and argued Linde v. Arab Bank (E.D.N.Y., Sept. 2, 2005), in which Judge Gershon denied the bank’s motions to dismiss complaints seeking treble damages for the bank’s provision of material support for terrorist attacks in Israel.

In June, Arnold Reitze was a speaker at Pillsbury Winthrop Shaw Pittman’s Global Energy Conference. He also spoke on the panel titled “Clean Air Act Update,” presented by the Environmental Law Institute in September.

At the International Society of Family Law’s 12th world Conference in Salt Lake City in July, Catherine Ross delivered “Comparative Treatment of Religious Symbols in Public Schools: The Problem of the Veil and Related Issues.”

Steve Schooner discussed “Improving the Efficiency of Public Procurement Systems” at the Global Forum on Fighting Corruption in Brasilia, Brazil, in June. He gave a series of public-procurement related presentations at the Joint World Trade Organization-Singapore regional workshop on government procurement for Asia-Pacific economies in July. Schooner also gave a series of presentations addressing government contract law at the Judge Advocate General’s School of the Army in Charlottesville, Va.

At the annual Law and Society conference, held in Las Vegas in June, Michael Selmi presented “Whatever Happened to Hopwood?” He also chaired a panel and served as commentator for papers relating to contemporary issues of discrimination.

In May, Daniel Solove testified before a subcommittee of the House Committee on Energy and Commerce at a hearing on data security and privacy. In June, he spoke at a Congressional briefing by the Consortium of Social Science Associations; spoke about current issues on privacy law at a PLI symposium and on national identification at a symposium sponsored by the Electronic Privacy Information Center; and participated in a panel at the Law & Society conference that focused on his new book, The Digital Person. In September, he spoke at a conference at the Department of Homeland Security on the topic of data mining and airline security.

In August at Lake Tahoe, Andy Spanogle attended a conference on Introducing International and Comparative Law Analysis into the First-Year Curriculum. At the end of the conference, he was asked by West Group to take the lead role in developing an international and comparative law materials supplement for first-year contracts courses.

Ralph Steinhardt is serving as advising counsel for the respondents in Ashcroft v. O Centro Espirita Beneficiente Uniao do Vegetal, currently before the Supreme Court. The case involves the interpretation of narcotics control and human rights treaties under the Religious Freedom Restoration Act. He also represented a group of international law professors pro bono appearing amicus curiae before the Second Circuit in a case under the Alien Tort Statute testing the liability of multinational corporations for complicity in human rights abuses committed by government officials. The issue on appeal is whether there is an international civil standard for aiding-and-abetting liability. Oxford University Press invited Steinhardt to become a member of the editorial board of its new online publication, Oxford Reports on International Law in Domestic Courts.

Adjunct faculty member Dwight Sullivan is now serving as the chief defense counsel for the Office of Military Commissions. He is stationed at Guantanamo Bay, Cuba, and is working on cases related to the detainees located there. Sullivan succeeded alum Will Gunn, LLM ’94, in the position.

In August, Robert Tuttlegave a presentation on the Faith-Based Initiative at the annual meeting of the Points of Light Foundation. He also served on a panel that discussed faith-based social services at a joint session of the American Sociological Association and the Association for the Sociology of Religion.

At the annual legal seminar sponsored by the Conference of State Bank Supervisors held in San Francisco in August, Art Wilmarth presented “Federal Preemption Update and Outlook on Emerging Risks in the Banking System.” Since January, Wilmarth’s comments about legal developments in the financial services industry have been quoted in 15 articles published in the financial press, including the American Banker, Barron’s, Business Week, National Mortgage News, and BNA’s Securities Regulation and Law Report.

Before the D.C. Bar in June, Christopher Yukins headed the panel “Government Contracts Law and You: Career Strategies and Opportunities.” He also presented “Risk Management: Ethics and Compliance” at a business contracting symposium; presented “Legislating Procurement Reform in the U.S. Congress: Patterns and Lessons” to a delegation from Thailand’s Council of State at GW Law; and spoke on “Procurement Integrity: Emerging Legal Issues” at a legal conference of the Army Materiel Command in New Orleans. Yukins is now co-director of GW Law’s Government Procurement Law Program.

As of Jan. 1, Naomi Cahn will succeed Ira C. Lupu as associate dean for faculty development. The role of the associate dean for faculty development is to facilitate and enhance the scholarly and teaching life of the faculty, with a particular focus on young faculty members. She meets regularly with untenured faculty members in order to encourage and help develop their scholarship. For the faculty in general, the associate dean for faculty development encourages scholarly activity by, among other means, recommending opportunities for conferences, symposia, and outside funding for research. She also engages in furthering excellence in teaching. Cahn has been with the Law School since 1993. For the five years prior to her joining the faculty of the Law School, Cahn was the assistant director of the Sex Discrimination Clinic at Georgetown University Law Center. Before that, she held a variety of positions in private and public interest sectors, including serving as an associate with Hogan & Hartson’s Washington office and as a staff attorney with Philadelphia’s Community Legal Services. She teaches courses on family law, professional responsibility, trusts and estates, and child, family, and state. Her latest book, co-written with Joan Heifetz Hollinger, is Families by Law: An Adoption Reader (New York University Press, 2004).