Faculty File

News Briefs From Around The Law School

Publications

Alberto Benitez published An Introduction to the United States Legal System: Fundamental Cases and Materials (Carolina Academic Press, 2006).

“Rehnquist, Racism, and Race Jurisprudence” by Paul Butler appeared in The George Washington University Law Review’s symposium issue on Justice Rehnquist.

The chapter “Child Witnessing of Domestic Violence” by Naomi Cahn appeared in Handbook of Children, Culture, and Violence (Nancy Dowd, Dorothy G. Singer, and Robin Fretwell Wilson, eds., 2005). Her book review of Michael Mello’s Legalizing Gay Marriage appeared in 67 Journal of Marriage and Family (2005). Her “Women in Post-Conflict Reconstruction: Dilemmas and Directions” was published as part of a symposium issue on women and wars in 12 William & Mary School of Law Journal of Women and Law 335 (2006).

Steve Charnovitz wrote the introduction to the “Symposium on International Trade and Developing Countries” published in the January Fordham International Law Journal. His chapter “The (Neglected) Employment Dimension of the World Trade Organization” was published in Social Issues, Globalisation and International Institution (Brill, 2005). He also published “The World Trade Organization in 2020” in the inaugural issue of the Journal of International Law & International Relations (2005).

“The Independent Director in Chinese Corporate Governance” by Donald Clarke was published in 36 Delaware Journal of Corporate Law 125-228 (2006). His “Setting the Record Straight: Three Concepts of the Independent Director” was accepted for publication by the Delaware Journal of Corporate Law.

Robert Cottrol published an op-ed piece, “Dead Wrong: When Life Hangs in the Balance, Traditional Procedure Isn’t Enough,” in Legal Times in February.

The seventh edition of C. Thomas Dienes and Jerome A. Barron’s Black Letter Outline, Constitutional Law was published by West in 2005. Dienes published the third edition of his co-written treatise, “Newsgathering and the Law” (LexisNexis, 2005).

Roger Fairfax’s “The Jurisdictional Heritage of the Grand Jury Clause” will be published in Minnesota Law Review in 2006. His entry “Grand Jury Investigation and Indictment” is forthcoming publication in Routledge’s Encyclopedia of American Civil Liberties.

Genomics and Environmental Regulation: Ethical, Legal, and Policy Issues, co-edited by contributor Jamie Grodsky, was accepted for publication by Johns Hopkins University Press. The work is part of a two-year, $500,000 NIH grant for which Grodsky is a co-investigator.

“From the Reading Room: Abolishing Poverty in Our Lifetime, a review of Ending Global Poverty: A Guide to What Works” by Susan Jones will be published in the American Bar Association’s Journal of Affordable Housing and Community Development Law.

Cynthia Lee published Criminal Law: Cases and Materials (Thomson/West, 2005, with Angela Harris) and “Murder and the Reasonable Man Revisited: A Response to Victoria Nourse,” in 3 Ohio State Journal of Criminal Law 301 (2005). The paperback edition of Murder and the Reasonable Man (NYU Press) will be published in the spring of 2007. “Interest Convergence and the Cultural Defense,” will appear in Florida Journal of Law and Public Policy in a symposium issue on culture and crime.

“A Libertarian Smart Growth Agenda” by Michael Lewyn was published in March on www.planetizen.com, a network for the urban planning, design, and development community.

Chip Lupu and Robert W. Tuttle published “The State of the Law, 2005: Legal Developments Affecting Partnerships Between Government and Faith-Based Organizations” in The Roundtable on Religion and Social Welfare Policy, Nelson A. Rockefeller Institute of Government (SUNY, 2005).

United States Practice in International Law, Volume 2: 2002-2004 (2005) by Sean Murphy was published by Cambridge University Press. His Principles of International Law was published by Thompson/West in 2006.

Stanford University Press accepted Dawn Nunziato’s Rethinking Free Speech for the Twenty-First Century for publication.

Spencer Overton’s Stealing Democracy: The New Politics of Voter Suppression was released by W.W. Norton in June. His “Voter Identification” will be published by the Michigan Law Review, and his chapter “The Coverage Curve” in The Future of the Voting Rights Act, edited by Richard Pildes, Rodolfo De la Garza, Sharyn O’Halloran, and David Epstein, will be published by Russell Sage Foundation later this year.

“Emergency Response and Planning Requirements Applicable to Unpermitted Air Pollution Release” by Arnold Reitze appeared in 2005 Brigham Young University Law Review 1075.

“Constitutional Obstacles to Regulating Violence in the Media” by Catharine Ross was published in Handbook of Children, Culture, and Violence (Nancy Dowd, Dorothy G. Singer, and Robin Fretwell Wilson, eds., 2005).

Michael Selmi published three symposium contributions: “Women in the Workplace: Which Women, Which Agenda,” co-written by Naomi Cahn, the lead article in the Duke Journal of Gender Law and Policy (2006); “The Class Ceiling,” co-written by Naomi Cahn, in 65 Maryland Law Review (2006); and “Race in the City” in the spring issue of Journal of Law and Politics as part of a symposium on local government law held at the University of Virginia. Selmi’s “Was the Disparate Impact a Mistake” appeared in 53 UCLA Law Review (2006).

The documentary supplement to Dinah Shelton’s International Human Rights Law, co-written by Hurst Hannum and James Anaya, was published by Aspen Press; the casebook was published in March.

Jonathan Siegel’s “The Polymorphic Principle and the Judicial Role in Statutory Interpretation,” appeared in 84 Texas Law Review (2005).

Privacy, Information, and Technologyby Daniel Solove (with Marc Rotenberg and Paul M. Schwartz), will be published by Aspen later this year. He published “A Taxonomy of Privacy” in 154 University of Pennsylvania Law Review 477 (2006); “The Multistate Bar Exam as a Theory of Law” in 104 Michigan Law Review (2006); and “A Model Regime of Privacy Protection” in 2006 University of Illinois Law Review 357, with Chris Hoofnagle.

Andy Spanogle published “Financing Small Businesses—A Functional Analysis of Three Legal Models” in Proceedings of the Conference on Legal Aspects of Financial Operations (University of Kuwait, 2006).

The paperback edition of James E. Starrs’ A Voice for the Dead was released by G.P. Putnam publishers in February. His chapter “A Critical Analysis of Selected Features of Fingerprinting” appears in Forensic Science and Law: Investigative Applications in Criminal, Civil and Family Justice (Wecht, Cyril H., CRC/Taylor & Francis Press, 2006). His analysis of the U.S. Supreme Court’s opinion in Crawford v. Washington was published under the title “The Supreme Court Confronts a Self-Inflicted Wound” in 36 Academy News (American Academy of Forensic Sciences, 2006).

Art Wilmarth’s “OCC v. Spitzer: An Erroneous Application of Chevron That Should Be Reversed” was published in The Bureau of National Affairs Banking Report in February.

With Professor Laurence Folliot-Lalliot of the University of Paris, Chris Yukins published “Révision de la Loi Type sur les Marchés Publics de la CNUDCI,” in 51 Contrats Publics (2006), an update on reform of the UNCITRAL model procurement law. He also argued that the Hurricane Katrina disaster at least proved that government procurement could, under intense media pressure, be more transparent in “Hurricane Katrina Brings Transparency to Task-Order Contracting,” in Service Contractor, 2006.

Activities, Awards & Honors

Martin Adelman was a panelist for “Quality and Pendency: How Important Are They?” at the conference “Uncertainty and Cost—Averting a Global Patent Crisis” at GW Law in March. Also in March, he delivered a speech at the conference “Challenging Issues of IPR(1),” in Taipei, Taiwan, sponsored by National ChengChi University, and acted as a commentator for a panel at the conference. While in Taipei, Adelman co-taught classes at the university on biotech patent law and pharmaceutical patent law. In April, he moderated four panel discussions at the 14th Annual Conference on International Intellectual Property Law & Policy at Fordham University School of Law.

To protect the rights of nonsmokers, John F. Banzhaf spearheaded several on-campus initiatives to post no-smoking signs around the entrances to all University buildings and to remove ashtrays from near building entrances. Banzhaf also organized and hosted the Third World Conference on Nonsmokers’ Rights, held at the Law School in March.

Cheryl Block participated on the panel “Political Constraints in Budgeting” as part of the University of Southern California/Harvard-sponsored “Fiscal Challenges: An Interdisciplinary Approach to Budget Policy” in February.

At the Third National Externship Conference in Los Angeles in March, Mary Brittingham delivered “The Nuts and Bolts of Externship Program Design for the Newer Clinician.” The two-day conference was hosted by Loyola Law School and Southwestern Law School in association with Catholic University Columbus School of Law.

Naomi Cahn participated in the roundtable “Evolutionary Analysis and the Law” at Vanderbilt Law School in March. In April, she co-presented a paper for the Society for Evolutionary Analysis and the Law and presented a paper at the University of Maryland Law School conference on “The Global Advancement of Women.”

In March, more than 75 students and guests attended Paul Butler’s popular lecture, “A Hip-Hop Theory of Justice,” which includes audio and video performance clips of current music artists. Butler discussed his days as a federal prosecutor with the U.S. Department of Justice where he experienced firsthand the reluctance of some juries to convict minority defendants, especially in drug cases. Butler theorizes that although there is not necessarily a unity in hip-hop music about such things as capitalism and other social issues, there is a universal view of the American criminal justice system, and that view in turn has a social and cultural impact. Since its publication, Butler has delivered this speech to several undergraduate audiences and at other law schools. He was asked to be the keynote speaker at the University of Pittsburgh School of Law’s Martin Luther King Jr. Lecture in February.

In April, Steve Charnovitz made a presentation at a conference on the World Trade Organization sponsored by Columbia University.

In December, Donald Clarke was a panelist at the meeting for the Center for American Progress in Washington aimed at developing a progressive policy for U.S.-China relations. In January, Clarke was a speaker and participant in a workshop on administrative rulemaking under China’s new Securities Law, sponsored by the FIRST Initiative, the Finance and Economics Committee of the National People’s Congress, and the World Bank, in Beijing; a speaker at the Timothy A. Gelatt Memorial Dialog on Law and Development in Asia, New York University Law School; and a commentator for the roundtable “China’s Emerging Financial Markets: Opportunities and Obstacles” as part of the Transactional Studies Program, Columbia Law School in New York. Clarke was a guest lecturer at Yale Law School on recent revisions to China’s securities law in April.

In Lima, Peru, in February, Robert Cottrol was the magisterial lecturer at La Facultad de Derecho y Ciencia Political, La Universidad de San Martin de Porres, which also granted him the title profesor honorario de derecho. There, he delivered a lecture, “Seperados Pero Iquales.” He gave the same lecture at the Instituto Cultural Peruano Norte-Americano, also in Lima. In March, Cottrol gave the Harold and Margaret H. Rorschach Lecture in Legal History at Rice University, where he spoke on “Race and Comparative Law in the Americas.” He also was the magisterial lecturer at the Facultad de Derecho, Pontifica Universidad Catolica de Puerto Rico in Ponce, Puerto Rico, where he spoke on “Brown Contra la Junta de Educación: Pensamientos Sobre su Desarrollo y Significancia.” He also participated in the roundtable, “Ethnicity, Race, and Indigenous Peoples: An Interdisciplinary Roundtable on Defining Key Concepts” at the annual meeting of the Latin American Studies Association.

Charles Craver presented on “The Impact of Negotiator Styles on Bargaining Interactions” at the National Multistate Tax Symposium in Orlando and on “Privacy Issues Affecting Employers, Employees, and Labor Organizations” at Southern Methodist University. The latter will be published in a symposium issue of the Louisiana Law Review.

Joan Meier was a featured commentator for the documentary Breaking the Silence: Children’s Stories, which aired on PBS in December. Meier is the founder of the Domestic Violence Legal Empowerment and Appeals Project. Meier also was a guest discussing child custody on NPR’s Justice Talking. In March, DV LEAP and the Washington Council of Lawyers sponsored “The Confrontation Clause vs. Effective Domestic Violence Prosecution?: A Panel Discussion of the Pending Hammon/Davis Cases Before the Supreme Court” at GW Law. The event focused on two cases affecting the viability of future domestic violence prosecutions.

At the Legal Writing Institute conference in Atlanta in June, Christy DeSanctis spoke about the process of publishing a legal writing textbook.

Roger Fairfax presented “Reconceptualizing the Right to Grand Jury Indictment” at the University of San Francisco Law School and at the Northeast People of Color Legal Scholarship Conference at the Washington College of Law, American University. Fairfax also was appointed Vice Chair of the Montgomery County, Md., Criminal Justice Coordinating Commission, which conducts research on criminal law and procedure issues and advises the County Council and executive on resource allocation, policy, and legislation.

By invitation of the Environmental Law Institute and the Woodrow Wilson International Center for Scholars, Jamie Grodsky participated in a national dialogue examining future regulatory and nonregulatory mechanisms for addressing potential environmental risks of nanotechnologies. She also spoke about new genomic technologies and environmental regulation at Stanford Law School and subsequently at a joint seminar sponsored by Duke Law School and Duke University’s Nicholas School of the Environment.

Grodsky also was invited by three departments at the University of Washington in Seattle to speak on the implications of new genomic technologies for environmental law and regulation.

In January, Carol Izumi moderated the panel “Academic Freedom and Law School Clinics: Outside Influences and Interference” at the annual meeting of the Association of American Law Schools. She also presented on mediation of criminal cases to the Judicial Arbiter Group in March. In February, Izumi and her husband, Frank Wu, received the 2006 Walton A. Lewis Brotherhood Award from the Bethel A.M.E. Church in Detroit. They were recognized for their community service and commitment to civil rights.

Susan Jones presented “Advancing Social and Economic Opportunity: Perspectives from Law and Society” at a conference in Durban, South Africa, in December. In February, Jones moderated a panel on government perspectives at the conference “Creating Healthy Communities: Ending Homelessness” sponsored by the ABA Forum on Affordable Housing and Community Development Law in St. Louis. She also moderated a panel at the ABA Section of Business Law spring meeting in Tampa, Fla., in April.

At the Fourth Annual International Conference of the Armenian International Policy Research Group, held at the World Bank in January, Susan Karamanian chaired the panel “Legal and Judicial Reforms in Armenia.” She also delivered “The U.S. Death Penalty and International Law” at the Indian Society of International Law in New Delhi, India. Also in January, she spoke on “Bilateral Investment Treaties and the Protection of Intellectual Property Rights” at the International Conference on IPR, sponsored by GW Law, the Confederation of Indian Industry, and the India Business Council, in Bangalore, India.

Cynthia Lee was elected secretary of the AALS Criminal Justice Section; she will serve as chair-elect in 2007 and chair in 2008. Lee also was named a policy research scholar for 2006-07 by GW’s Institute of Public Policy. Through the scholarship, Lee will seek external funding for an empirical research project testing the effectiveness of certain jury instructions in racially charged self-defense cases. As chair of the Multicultural Women Attorneys Network, Lee attended the ABA’s midyear meeting in Chicago in February. MWAN sponsored the panel “Our Mothers, Our Daughters, Our Sisters, Ourselves,” during which female civil rights leaders discussed current civil rights issues.

At a conference on institutional review boards at Northwestern University Law School in April, Renee Lerner presented on unconstitutional conditions.

Michael Lewyn participates in an online panel on suburban sprawl at http://lawprofessors.typepad.com/property and continues discussion with commentors at http://lewyn.tripod.com/blog.

At the annual conference of The Roundtable on Religion and Social Welfare Policy in Atlanta in December, Chip Lupu and Robert W. Tuttle presented the report, “The State of the Law, 2005: Legal Developments Affecting Partnerships Between Government and Faith-Based Organizations.” In February, they presented “Federalism and Faith” at the Randolph W. Thrower Symposium at Emory University; the paper was published in 55 Emory Law Journal.

Michael Matheson and students visited the Legal Adviser’s Office of the State Department in February to discuss employment opportunities and the office’s operations. He spoke in March at Columbia Law School on the work of the International Law Commission, and in April at the American Society of International Law on the handling of legal matters in the State Department. Also in April, he traveled to Geneva to take part in the summer session of the International Law Commission as its American member. Matheson was nominated by Secretary of State Condoleezza Rice for re-election by the United Nations General Assembly to the UN International Law Commission. He also took part in panel discussions at the American Society of International Law on the recent U.S. legislation on detainees, and at the University of California, Berkeley, Law School on nuclear policy and the oceans.

In November, Larry Mitchell gave a luncheon speech at a conference on shareholders at Columbia Law School. He participated in a roundtable conference at Brooklyn Law School in February. Mitchell also delivered a comment on a paper by Ron Harris at a conference at Washington & Lee University on history and corporate law in the spring.

Sean Murphy participated in the American Society of International Law’s annual Judicial Outreach Board meeting, chaired by Justice Sandra Day O’Connor, in New York in January. In March, Murphy presented an online seminar on the topic of “International and Foreign Law as a Part of U.S. Law” for the American Society of International Law (available at http://www.asil.org). He presented “Interim Measures of Relief: Ten Lessons from the Iran-U.S. Claims Tribunal’s Jurisprudence” at the ASIL annual conference in Washington.

Diverse Issues in Higher Education Magazine named Spencer Overton one of 10 Emerging Scholars in America. At the AALS annual meeting, Spencer Overton was a panelist for “Reauthorization of the Voting Rights Act” and “Surviving and Thriving Tenure: Concrete Steps for People of Color and their Law Schools to Successfully Complete the Tenure Process.” He also was a panelist at the University of North Carolina Law School’s “Who Draws the Lines?: The Consequences of Redistricting Reform for Minority Voters” symposium, and the National Black Caucus of State Legislators’ “After the Flood: Voting Rights in the Katrina Diaspora” policy session. A member of the Carter-Baker Commission on Federal Election Reform, Overton discussed election reform issues with Commission Executive Director Bob Pastor at a roundtable at the National Press Club. Overton also served on a National Urban League panel at the National Press Club that included political scientist Ron Walters and Gore 2000 campaign manager Donna Brazile. He served on panels on voting rights issues at NYU Law School, campaign finance at Yale Law School, and the intersection of race and politics at American University Law School. He also participated on a panel advising students about their careers at the 38th Annual National Black Law Students Association Convention.

In December, Todd Peterson engaged in a multi-part debate on Legal Affairs Magazine’s Web site on the meaning of the Good Behavior Clause in Article III of the Constitution. In March, Peterson moderated a panel on “The 21st Century Executive: Case Studies” at a Yale Law Journal symposium on “The Most Dangerous Branch? Mayors, Governors, Presidents and the Rule of Law: A Symposium on Executive Power.”

At UCLA Law School in April, Arnold Reitze participated in a conference for environmental law program directors.

Catherine J. Ross began her term as chair of the AALS Section of Law and Communitarian Studies by leading its business meeting in January. She also participated in the national invitational working conference “Representing Children in Families” at the University of Nevada School of Law. In February, Ross spoke on the keynote panel at the ABA Summit on Youth at Risk at Hofstra University School of Law. Ross presented “Reconciling Children’s Brains with Children’s Rights” at the invitational international colloquium, “Law, Mind & Brain,” at University College London in February. In March, Ross participated in “Teen Mothers and the Child Welfare System” at a conference on “Law and Adolescence: The Legal Status, Rights, and Responsibilities of Adolescents in the Child Welfare, Juvenile, and Criminal Justice Systems” at Temple University James E. Beasley School of Law in Philadelphia.

In Washington in February, Steve Schooner discussed “Emerging Policy and Practice Issues” at the West Government Contracts Year in Review Conference. In March, he was a panelist on “Public Functions in a Priva­tized World: Outsourcing Abroad” at the Woodrow Wilson School 75th Anniversary Program at the Carter Center in Atlanta. He returned to Atlanta to discuss “Future Trends in Government and Commercial Contracting” at the National Contract Management Association World Congress.

At the Paul M. Hebert Law Center at Louisiana State University, Michael Selmi presented “Privacy for the Working Class” at a symposium on workplace privacy, which will be published in the Louisiana Law Review. He presented “Women in the Workplace: Which Women, Which Agenda?” at Duke University School of Law and also presented “Privacy for the Working Class” at a faculty workshop at the University of Connecticut Law School. In April, he spoke on “The Americans with Disabilities Act: A Case Study in Pragmatic Judicial Reconstruction” at a symposium on the ADA held at New York University School of Law, and he addressed the National Association of Attorney Generals on “Emerging Issues in Employment Discrimination.”

Jonathan Siegel participated in a panel discussion reviewing Linda Greenhouse’s new book, Becoming Justice Blackmun, with responses by the author, at the University of Maryland Law School.

At the Cosmos Club in Washington in April, Daniel Solove presented “Is There Privacy in 2006?” at the “Digital Dossiers: Privacy in the Information Age” dinner lecture and discussion. Also in April, he spoke on “The Digital Person: Technology and Privacy in the Information Age” at the Library of Congress and was a panelist at the “Identity Management Symposium” at Georgetown University as well as the “Bloggership Symposium: How Blogs Are Transforming Legal Scholarship” at Harvard Law School. In May, Solove was a panelist for “Is 2006 the Year for a Comprehensive Federal Privacy Law?” at the Computers, Freedom, and Privacy Conference in Washington.

Andy Spanogle delivered a paper at the ASIL meeting in Washington on “Techniques for Bringing Comparative and International Law Issues into the First Year Contracts Course.” In March, he delivered a paper in Kuwait City at a conference on “The Legal Aspects of Financial Operations.” The paper was a comparison of the three primary legal models for financing small businesses and their relative utility under Sharia restrictions.

Marquis’ Who’s Who in the World, 2007 included James E. Starrs.

In March, Dalia Tsuk presented “Property without Sovereignty: The Myth of Shareholder Democracy” at the UCLA Legal History Colloquium and at a conference on “Understanding Corporate Law Through History,” which was held at the Washington and Lee University School of Law.

Art Wilmarth spoke at a symposium on “Federal Preemption in the Financial Institutions Arena” hosted by Texas Tech University School of Law. His topic was “The Adverse Impact of the OCC’s Preemption Rules on the Dual Banking System and Consumer Protection.”

In April, Chris Yukins again served as an adviser to the U.S. delegation to the working group revising the UNCITRAL model procurement law, which met in New York. He also hosted two government procurement law colloquia at GW Law, which also featured Fred Lees, Steve Schooner, and Joshua Schwartz. The program addressed “Consolidation of the Civilian Boards of Contract Appeals: New Legislation’s Impact on Practice Before the Boards.”

Dinah L. Shelton’s three-volume Encyclopedia of Genocide and Crimes Against Humanity was chosen as “Best in Reference” by the New York Public Library. A reception and ceremony took place in New York in April. The work provides a comprehensive look at the people, places, events, and methodologies involved in crimes against humanity; it also historicizes the topic from the distant past through current events. GW Law faculty and students conducted research for and contributed to the encyclopedia. “The designation will serve to make the book more widely known and thus, I hope, more widely used. Everyone involved in the project was committed to exposing past and present inhumane acts and efforts to combat them, with the hope of ameliorating the future,” Shelton said.