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Summer 2010 Faculty Activities

Peter H. Schuck

Vicki Schultz

Reva Siegel

Bruce Ackerman


• The Decline and Fall of the American Republic (2010)

• The United States Should Adopt an “Emergency Constitution” to Preserve Civil Liberties in an Age of Terrorism, in R. Ellis & M. Nelson eds., Debating Reform (2010)

• At the Crossroads, London Review of Books, September 9, 2010

• What Obama Should Say (with O. Hathaway), Huffington Post, August 30, 2010, available at

• An Increasingly Politicized Military, L.A. Times, June 23, 2010, available at,0,7659730.story

• James Clapper: Another Military Man for a Civilian Post, Wash. Post, June 9, 2010, available at

• Interview with Ezra Klein, Citizens United Was A Shot Across the Bow, Wash. Post, May 12. 2010

• Why the Lib Dems Do Well Out of TV Debates (with J. Fishkin), The Guardian, April 29, 2010

Muneer Ahmad

Lectures and Addresses

• Plenary at AALS Annual Conference on Clinical Legal Education, Answering the Call for Reform: Using Outcomes Assessment, Critical Theory and Strategic Thinking to Implement Change, Baltimore, MD, “Using Backward Design to Inform Our Teaching” (with Jane Aiken)

• AALS Workshop on “Post Racial” Civil Rights Law, Politics and Legal Education, New York, NY, ”Immigration and Profiling: New Paradigms of Racialization?”

• Moses Brown School Commencement, Providence, RI, “Six Questions”

• Clinical Theory Workshop 25th Anniversary Conference, New York Law School, New York, NY, “Toward a Jurisprudence of Clinical Thought: Investigating the Contours, Urges and Trajectories” (with Ann Shalleck)

Other Professional Highlights

• Established the Transnational Development Clinic at Yale Law School, which works on a range of litigation and non-litigation projects that promote community-centered international development, with an emphasis on global poverty

Ian Ayres

Lectures and Addresses

• Carpenter Lecture, Department of Economics, Middlebury College, “Unlock the Power of Incentives”

• Freedom Lecture, University of Alabama, School of Law, “Furthering the Project of Ex Ante Freedom with Commitment Contracts”

• Commonwealth Club of San Francisco, “Diversifying Risk Across Time

• Color of Credit Conference, Federal Reserve, “Testing for Discrimination and the Problem of ‘Included Variable Bias,’” available at

• Law and Economics Workshop, University of Pennsylvania, “The Problem of ‘Included Variable Bias,’”

• Microsoft Authors Series, “Carrots and Sticks”


• Carrots and Sticks: Unlock The Power of Incentives to Get Things Done (2010)

• Bring on the Share Economy (with B. Nalebuff), Forbes, Sept. 13, 2010

• Make a Commitment (with B. Nalebuff), Forbes, Aug. 30, 2010

Jack M. Balkin

Lectures and Addresses

• Conference on Presidential Power, University of Texas at Austin, “Constitutional Dictatorship”

• New England Political Science Association Meeting, Newport, Rhode Island, “The Constitutional Politics of Health Care Reform”

• New England Political Science Association Meeting, Newport, Rhode Island, “Framework Originalism”

• Don Bernstein Lecture, Princeton University, “Framework and Faith: How We Build Our Constitution”

• American Constitution Society Conference, Washington, D.C., “The Constitutionality of Heath Care Reform”

• Southeastern Association of Law Schools Conference, Palm Beach, Florida, “The Constitutionality of the Individual Mandate”

• American Political Science Association Convention, Washington, D.C., “Sanford Levinson and Protestant Constitutionalism”

• Fordham Law School Legal Theory Workshop, New York, New York, “Commerce”


• Commerce, 109 Mich. L. Rev. 1 (2010)

• Constitutional Dictatorship: Its Dangers and Its Design, 94 Minn. L. Rev. 1789 (2010)

• Free Speech Helped Avert Quran Burning, CNN, September 10, 2010

• A Tax Like Any Other, N. Y. Times, March 28, 2010

Robert A. Burt


• God’s Gift and Mindfulness of the Ethical Dimensions as Human Response: Response to Rabbi Dr. Barry Freundel, 3 J. Law, Philosophy & Culture 417 (2009)

Other Professional Highlights

• Visiting Professor, Interdisciplinary Center Law School, Hertzliya, Israel (teaching an intensive seminar on Bioethics and Law), May 2010

Guido Calabresi

Lectures and Addresses

• Chaired Reception, American Society of The Italian Legions of Merit (ASILM), New York, NY

• Addressed Senior Class Luncheon and Alumni/ae Association, Hopkins Grammar School, New Haven, CT, “Experiences at Hopkins Grammar School and Life Experiences”

• Addressed Special Session of the Court for the presentation of the portrait of Louis H. Pollak, United States District Court for the Eastern District of Pennsylvania, Philadelphia, PA

• Addressed Alumni/ae Association Reunion Luncheon at Hopkins Grammar School, New Haven, CT, “Hopkins: Then and Now, An Open School”

• Keynote Speaker, AALS 2010 New Law Teachers Workshop, Washington, DC

• Speaker, NYSE event honoring Eugene W. Landy, New York, NY

• Introduced Former Justice of the Supreme Court of Israel, Izhak Englard, who delivered a talk, “”Law and Morality in the Jewish Tradition,” Yale Law School, New Haven, CT

• Introduced Giulio Tremonti, Minister of Finance of Italy, at the presentation of his talk, “The Law and The Global Economy,” Yale Law School, New Haven, CT

Jules L. Coleman

Lectures and Addresses

• First International Conference, Girona, Spain, “The Architecture of Jurisprudence”

• NYU Stern School of Business, “Collective Responsibility”


• Risks and Wrongs (translated into Spanish with a new Epilogue) (2010)

Other Professional Highlights

• Visiting Distinguished Professor, University of Girona, Spain

• Long-term project on the Moral Signficance of Time, which includes a series of experiments, an essay on the Reactive Attitude Accounts of Blameworthiness, and another on The Morality of Statutes of Limitations

Mirjan R. Damaska

Lectures and Addresses

• University of Zagreb Law School, “The Misadventures of Cross-Examination as Contemplated in Italy and now in Croatia”


• The Common law/Civil Law Divide: Residual Truth of a Misleading Distinctions, in J. Walker & O. Chase eds., Common Law Civil Law and the Future of Categories 3 (2010); Reprinted in The (Canadian) Supreme Court Review, Vol. 49 (2010)

• Negotiated Justice in International Criminal Courts, in S. Thaman ed., World Plea Bargaining (2010)

Other Professional Highlights

• Appointed agent of the Republic of Croatia before the International Court of Justice in the case of Croatia v. Serbia regarding alleged violations of the Genocide Convention.

• Appointed special adviser to the Prime Minister of Croatia.

Drew S. Days III

Lectures and Addresses

• Connecticut Bar Association Rule of Law Conference, Trinity College, Hartford, CT, “Rule of Law,”panelist

• The William Howard Taft Supreme Court Review, Washington, DC, panelist

• Supreme Court Review, Practicing Law Institute, New York, New York, panelist

• The Roberts Court: Year Four, Welcome Justice Sotomayor!, American Bar Association Meeting, San Francisco, California, panelist

• Solicitor General Roundtable, 2010, American Bar Association Meeting, San Francisco, California, panelist


• Employment Discrimination Decisions from the October 2008 Term, 26 Touro L. Rev. 491 (2010)

Steven B. Duke

Lectures and Addresses

• Yale International Students Organization, “Drug Legalization in America: Ramifications in South America”


• Cannabis Captiva: Freeing the World from Marijuana Prohibition, Georgetown J. Int’l Affairs, Spring 2010

Robert C. Ellickson

Lectures and Addresses

• Conference on Creating Capabilities: Sources and Consequences for Law and Social Policy, University of Chicago Law School, panel on Social Norms, Family, Legislation, Courts

• Law & Society Association Annual Meeting, Chicago IL, Author Meets Reader session on The Household: Informal Order Around the Hearth

• Law School of Paris II University and the French Society of Comparative Legislation, Paris, France, “Legal Constraints on Household Moves: Should Footloose Americans Envy the Rooted French?”

• Netherlands Bureau for Economic Policy Analysis, The Hague, Netherlands, Workshop on Housing Market and Household Mobility, “Legal Constraints on Household Moves: Should Footloose Americans Envy the Rooted French?”

• Yale Law School Orientation Program, “Introduction to New Haven: Some Unsung Virtues”

• Notre Dame Law School, South Bend, IN, Law & Economics Symposium on Housing: Law & Policy, “Legal Constraints on Household Moves: Should Footloose Americans Envy the Rooted French?” and comment on Edward Glaeser, “Can Cheap Credit Explain the Housing Boom?”

• Lincoln Institute of Land Policy, Cambridge, MA, Conference on Evolution of Property Rights Related to Land and Natural Resources, comment on William Fischel, “The Evolution of Zoning Since the 1980s: The Persistence of Localism”

• William & Mary Law School, Williamsburg, VA, Brigham-Kanner Property Rights Conference, Panel on the Scholarship of Professor Carol M. Rose

• Yale Law School Association Executive Committee, “Legal Constraints on Household Moves: Should Footloose Americans Envy the Rooted French?”


• The Household: Informal Order Around the Hearth, Princeton University Press, paperback edition

• The False Promise of the Mixed-Income Housing Project, 57 UCLA L. Rev. 983 (2010)

William N. Eskridge, Jr.

Lectures and Addresses

• Eulogy for Professor Philip P. Frickey, University of California, Berkeley, “Three Pints”

• Lavender Law 2010, featured speaker in Plenary Session, “The Future of Marriage Equality Litigation


• Statutory Interpretation Stories (co-edited with P. Frickey & E. Garrett, 2010)

• Sexual and Gender Variation in American Public Law: From Malignant to Benign to Productive, 57 UCLA L. Rev. 1333 (2010)


• Movie: Featured Talking Head in Documentary Movie, Stonewall Uprising (PBS, 2010)

Daniel C. Esty

Lectures and Addresses

• New York Stock Exchange Green Summit, New York, NY, “Green to Gold”

• Alliance for Research on Corporate Sustainability Research Conference, Cambridge, “Post-Copenhagen Climate Policy and its Impact on Business”

• Expo 2010 Shanghai, Shanghai, China, “Green to Gold”

• Tsinghua University Seminar, Beijing, China, “Environmental Sustainability in a Changing World”

• Yale School of Management Executive Leadership Program, Tianjin, China, “Environmental Sustainability in a Changing World”

• Shanghai International Studies University, Shanghai, China, “Green to Gold”

• Global Village of Beijing, Beijing, China, “Greening Business – and Changing NGOs”

• Peking University Law School, Beijing, China, “Climate Change in a Changing World”

• Yale Club of Beijing, Beijing, China, “Green to Gold”

• World Economic Forum, Global Redesign Summit, Doha, Qatar, “Low-Carbon Growth”

• World Trade Organization, Geneva, Switzerland, “Reassessing the Trade-Environment Relationship”

• The New York Forum 2010, New York, NY, “Climate Change and the Corporation”

• Sustainable Prosperity and Resources for the Future, Montreal, Canada, “The Porter Hypothesis at 20”

• Crown Prince Lecture, Abu Dhabi, UAE, “Environmental Sustainability in a Changing World”

• Presidio Graduate School, San Francisco, CA, “Green to Gold”

• Pacific Forest Trust, Forest Fete Awards Dinner, San Francisco, CA, “The Intersection of Forest, Climate Change, and Energy in a New Green Economy”

• NRDC Environmental Entrepreneurs, San Francisco, CA, “Green to Gold – What Color Are We 20 Months into the Obama Administration?”

• European University Institute, Florence, Italy, “Globalizing Administrative Law: Good Governance at the Supranational Scale”

• American University, Washington, DC, “Environmental Governance: Present and Future”


• Climate Change Plan B, Huffington Post, April 13, 2010

• The Sustainability Imperative: Lessons for Leaders From Previous Game-Changing Megatrends, (with D. A. Lubin), Harv. Bus. Rev. 42 (May 2010)

• Making Sustainability Part of Everyone’s Job, (with S. Lauterbach), The Journal of the Human Resource Planning Society, Vol. 33, issue 1 (March 2010)

Owen M. Fiss

Lectures and Addresses

• Graduate Student Symposium, “Law and Terrorism”

• Global Constitutionalism Seminar, Yale Law School, discussion leader, “The Nation-State and the Boundaries of its Laws”

• SELA, Santiago, Chile, “Imprisonment without Trial”

• Oxford University North American Reunion, panel moderator with Justice Stephen Breyer and Professor A.E. Dick Howard, University of Virginia, “Magna Carta”

• Gaza Flotilla Affair, Yale Law School, panel moderator


• The Law According to Yale, 8 Sun Yat-Sen University L. Rev. 375 (2010) (in Chinese)

Other Professional Highlights

• Co-director of the Middle East Legal Studies Seminar (MELSS)

• Co-director of Seminario en Latinoamérica de Teoría Constituctional y Política (SELA)

• Member of Advisory Selection Committee, Fellowship Program, Open Society Institute, New York, NY

• Chair, Board of Directors, Iran Human Rights Documentation Center, New Haven, CT

Heather K. Gerken

Lectures and Addresses

• Washington University School of Law Faculty Workshop, “The Foreword: Federalism All The Way Down”

• One Day University, New York City, “The Supreme Court and Politics”

• National Latino/a Law Student Conference, Yale Law School, “The Electoral Marketplace for the Latino Vote”

• NYU Legal Theory Workshop, NYU Law School, “Federalism All The Way Down”

• American Political Science Association, Washington, DC, moderator, “Campaign Finance Law and Politics”

• Moritz Law School at Ohio State, Columbus, Ohio, “Planning for a Model Redistricting Commission”

• Performance Index of Elections Advisory Meeting, Pew Foundation, Providence, Rhode Island, “Elections Performance Index: Goals and Challenges”

• American Law Institute, Board of Advisers Meeting, Election Law Project

• Yale Law School Center for the Study of Corporate Law,” New York City, “Citizens United: Mountain or Mole Hill?”

• University of Miami School of Law Faculty Workshop, “Federalism All the Way Down”

• Benjamin Cardozo School of Law, Voting and Democratic Participation, “Acknowledging Race in a ‘Post-Racial’ Era”


• Getting From Here to There in Redistricting Reform, 5 Duke J. Const. L. & Pol’y 1 (2010)

• Creating Better Heuristics in the Presidential Nominating Process: Why a Citizens Assembly Beats out Iowa and New Hampshire, 125 Pol. Sci. Q. 233 (2010) (with D. Rand)

• Clerking for Justice Souter, 35 J. Sup. Ct. Hist. 4 (2010)

Robert W. Gordon

Lectures and Addresses

• International Legal Ethics Conference, Stanford University, “‘Leadership’ in the Legal Profession”

• Annual Meeting, Law & Society Association, Chicago, “’Critical Legal Histories’ Revisited” and “David Trubek’s ‘Critical Empiricism’”

• “Law As” Conference on Legal History, University of California, Irvine, “The Old Legal Realism, The New Legal History”

• Brown University Law & Society Seminar, “Lawyers and Liberal Institutions”

• Summer Workshop on Processes of Legal and Constitutional Change, Yale Law School, “Two Kinds of Legal-Economic Histories”

Henry Hansmann

Lectures and Addresses

• American Law and Economics Association meeting, Princeton, presented a paper on “Regulatory Dualism As a Development Strategy: Corporate Reform in Brazil, the U.S., and the UK” (with Ronald Gilson and Mariana Pargendler)

• Conference on The History of Corporations in Tel Aviv, presented a paper on “Voting Restrictions in 19th Century Corporations: Investor Protection or Consumer Protection?” (with Mariana Pargendler)

• Corporate Governance Workshop, Copenhagen Business School, presented a paper on “Virtual Ownership and Managerial Distance: The Governance of Industrial Foundations” (with Steen Thomsen)

• Inaugural meeting of the Spanish Law and Economics Association, Madrid, keynote speech on “Regulatory Dualism”

Oona A. Hathaway

Lectures and Addresses

• Ditchley Foundation, Oxfordshire, England, chaired Section Meeting at Conference on the Condition of International Law, “The Health of the International Legal System”

• Conference on Foundations of International Law, University of Pennsylvania School of Law, Philadelphia, PA, “Is International Law Law?” (with Scott Shapiro)

• Yale Law School, New Haven, CT, Inaugural Address on the occasion of becoming the Gerard C. and Bernice Latrobe Smith Professor of International Law

• Columbia University Public Law Workshop, New York, NY, “Limited War and the Constitution”

• American Society of International Law, Washington, DC, “Sounding a Cautionary Note on Revising the Restatement (Third) of Foreign Relations Law”


• The Case for Promoting Democracy Through Export Control, Harv. J. L. & Pub. Pol’y 17 (2010)

• How to Swing Arms Control: Obama Can Model Nixon and Clinton to Get a New Treaty Through Congress, L.A. Times (April 2010) (with Bruce Ackerman)

Other Professional Highlights

• Co-Counsel, Brief for Non-Governmental Organizations and Scholars as Amici Curiai in Support of Rehearing or Rehearing En Banc, Al-Bihani v. Obama, Court of Appeals for the D.C. Circuit (April 2010)

Dan Kahan

Lectures and Addresses

• Governing Council of the National Academy of Sciences, Woods Hole, MA, “The Problem of Science Communication”

• Centre for Research in the Arts, Social Sciences and Humanities, Cambridge University, Cambridge, UK, “Cultural Cognition and the Problem of Science Communication”

• Delft University, The Hague, Netherlands, “Emotions in Risk Regulation”

• Student Association for Law and Mind Sciences, Harvard Law School, Cambridge, MA, “The Laws of Cultural Cognition, and the Cultural Cognition of Law”


• Cultural Cognition of Scientific Consensus, Journal of Risk Research (with H. Jenkins-Smith & D. Braman), advance online publication, available at

• The Economics—Conventional, Behavioral, and Political—of “Subsequent Remedial Measures” Evidence, 110 Colum. L. Rev. 1116 (2010)

• Emotions in Risk Regulation, in Emotions and Risky Technologies, (S. Roeser ed., 2010)

Paul W. Kahn

Lectures and Addresses

• Conference on Bios: Life, Death, Politics, University of Illinois, keynote address on “Criminal and Enemy in the Political Imagination”

• Seminario en Latinoamérica Conference, Santiago, Chile, “Criminal and Enemy in the Political Imagination”

• Seminar on Justice and Morality in Shakespeare’s Tragedies, Harvard Law School, “On King Lear”


• Out of Eden: Adam and Eve and the Problem of Evil (paperback 2010)

• Criminels, ennemis et imaginaire de la violence, 53 Archives de philosophie du druoit

• Winslow Homer, Veteran in a New Field, Nexus 55 Hope and Consolation (Danish)

S. Blair Kauffman

Lectures and Addresses

• International Federation of Library Associations’ annual meeting, Gothenburg, Sweden, “Developing an International Legal Information Policy Agenda”

Other Professional Highlights

• Appointed to Association of American Law Schools Library Committee

• Appointed to University of the People Library Advisory Committee

• Re-appointed to the Connecticut Judicial Support Services Library Advisory Committee

Douglas Kysar

Lectures and Addresses

• Lewis & Clark Distinguished Environmental Law Scholar Lecture, “What Climate Change Can Do About Tort Law”

• Program on Regulation, University of Pennsylvania, “Regulating from Nowhere: Environmental Law and the Search for Objectivity”

• The Donchian Ethics Symposium, University of Richmond, “Spilling Over: Economics and Ethics in Environmental Protection”

• AALS Mid Year Meeting Workshop on Property, New York, New York, “The Global Warming Crisis: Regulating Risk”

• Green Consumers, Green Citizens, Campus Greening and Social Responsibility Conference, Housatonic Community College, Bridgeport, Connecticut, keynote presentation

• Federalist Society Debate, Yale Law School, New Haven, CT, “Thinking Outside the Cap: Next Steps for U.S. Climate Policy”


• Regulating from Nowhere: Environmental Law and the Search for Objectivity (2010)

John H. Langbein

Appearances, Lectures and Addresses

• Commentator at Conference, “The Worlds of the Trust: Common Law/Civil Law,” McGill University, Montreal, Canada, Sept. 23/25, 2010

Public Service

• Commissioner, National Conference of Commissioners on Uniform State Laws; attended Annual Meeting, Chicago, IL, July 8/13, 2010

• Associate Reporter, American Law Institute, Restatement (Third) of Property: Wills and Other Donative Transfers; presented concluding draft, 2010 Annual Meeting, Washington, D.C., May 18, 2010

• Trustee, William Nelson Cromwell Foundation (legal history)


• The Origins of Adversary Criminal Trial (Chinese translation by Zhiqiang Wang) (Fudan Press 2010)

Jerry L. Mashaw

Lectures and Addresses

• Yale Federalist Society, New Haven, debate on “Financial Regulation and the Non-Delegation Doctrine”

• Board of Trustees and Staff of the Hastings Center, Garrison, New York, “Social Security: Sense and Nonsense”


• Federal Administration and Administrative Law in the Gilded Age, 119 Yale L.J. 1362 (2010)

• The American Model of Federal Administrative Law: Remembering the First 100 Years, 78 George Washington L.R. 975 (2010)

• Center and Periphery in Antebellum Federal Administration: The Multiple Faces of Popular Control, 12 U Univ. Penn. J. Constl. Law 331 (2010)

• Public Law and Public Choice: Critique and Rapprochement, in Daniel A. Farber & Ann Joseph O’Connell eds., Research Handbook on Law and Public Choice (2010)

• Administrative Statutory Interpretation in the Antebellum Republic, 2009 Mich. State L. Rev. 7 (with Avi Perry)

Other Professional Highlights

• Appointed Public Member of the Administrative Conference of the United States, Executive Office of the President, Washington, DC

Robert C. Post


• Perspektivismus und Recht, in Perspektive: Die Spaultung Der Stanpunkte 65 (Gertrud Koch ed., 2010)

J. L. Pottenger, Jr.

Lectures and Addresses

• Celebration of Ten Years of Clinical Legal Education at Xibei, Northwest Institute for Law and Politics, Xi’an, China, keynote speech, “Warriors for Justice”

• National Conference, Chinese Committee of Clinical Legal Educators: “A Decade of Clinical Legal Education,” China University of Politics and Law, Beijing, China, keynote speech, “The Long March to Reform”


• The Chinese Characteristics of Clinical Legal Education, chapter six in Bloch ed., The Global Clinical Movement: Educating Lawyers for Social Justice (co-author) (Oxford University Press, 2010)

Other Professional Highlights

• Amicus brief in Fairchild Heights, Inc. v. Dickal, No. 18560 (Connecticut Supreme Court) (August 2010), (co-author)

• Testimony, ABA Council of Legal Education, Standards Review Committee (Oct. 2010)

George L. Priest

Lectures and Addresses

• Developing Food Policy: U.S. & International Perspectives, Yale Law School, New Haven, CT, panelist on “Assessing the Costs of ‘Bigness’”

• American Constitution Society and Connecticut Trial Lawyers Association, debate with Professor Stephan Landsman on “The American Civil Jury: Triumph or Failure”

• ALACDE (Latin American and Iberian Law & Economics Association), San Salvador, El Salvador, keynote speaker, “The Future of Law and Economics”

• American Law and Economics Association, Princeton, NJ, moderator, “Antitrust” and “Medical Malpractice”

• The Eighth Annual John M. Templeton, Jr. Lecture on Economic Liberties and the Constitution, Philadelphia, PA, debate with Larry Summers, “Refining Financial Regulatory Reform”

• SELA Conference, Santiago, Chile

• Third Annual Kauffman Summer Legal Institute, Dana Point, CA, “Advancing Antitrust Law to Promote Innovation and Growth”

• CADE (Antitrust Commission, Brazil), “Rethinking Antitrust Law in an Age of Network Industries,” (Videoconference, Yale Law School)

• George Mason University Law & Economics Center Federal Judges Colloquium, Arlington, VA, “The Economics of Liability Rules,” “The Economics of Liability Rules II,” and “The Economics of Insurance”

• Moot Camp, Yale Law School

• Manhattan Institute, New York, “Capitalism on Campus: What Are the Students Learning? What Should They Know?”

• Grandparents Day, The Foote School, New Haven, CT, Honorary Chair (with Kathy K. Priest)


• Stevens and Antitrust, (with William Ranney Levi), The National Law Journal, May 24, 2010 at 46, available at

• Michael Trebilcock and the Past and Future of Law and Economics, 60 U. Toronto L.J. 155 (2010); doi: 10.3138/utlj.60.2.155

• Timing “Disturbances” in Labor Market Contracting: Roth’s Findings and the Effects of Labor Market Monopsony, 28 J. Labor Econ. 447 (2010)

• El Dinero y la Justicia: George Priest y el Análisis Económico del Derecho (Marcelo Alegre ed., 2010)

• Derechos económicos, derechos personales y otras restricciones sobre las decisiones de mayorías, 7 Revista De Economía y Derecho 59 (2010)

• Commentary: The Loose Threads in American Needle, The National Law Journal, August 4, 2010, available at

W. Michael Reisman

Lectures and Addresses

• ABA Section of Litigation 2010 Annual Conference, New York, NY, spoke on panel on “Globalization of Procedural Law in International Arbitration”

• Conference on “The Roma of Europe: The Europe of Roma Conference,” co-sponsored by The Foreign Policy Association, the Consulate General of Hungary, and the Appeal for Conscience Foundation, New York, NY, moderated panel on “The Roma Predicament: Taking Stock, Looking Ahead”

• Fourth Annual Arbitration and National Courts: Conflict and Cooperation, University of Texas School of Law, Houston, Texas, delivered keynote address, “The Changing Relation of National Courts and International Commercial Arbitration”

• Attended the 87th Annual Meeting of the American Law Institute, Washington, DC

• Fifth Annual Fordham Law Conference on “International Arbitration and Mediation,” Fordham Law School, New York, delivered paper on “What is an ‘Investment’ and Who Decides? Recent Trends in Jurisdiction Ratione Materiae”

• Attended the Advisory Committee on International Law, Department of State, Washington, DC

• Taught an intensive course entitled “The Use of Force in International Law,” Chinese Academy of International Law, Xiamen, China

• American College of Trial Lawyers’60th Anniversary Annual Meeting, Washington, DC, presented paper on “Do We Want Additional Tribunals of Last Appeal in International Commercial Arbitration?: The New Role of Investment Tribunals and Human Rights Courts”


• L’Ecole de New Haven de Droit International (A. Pedone, 2010)

• Reflections on the Control Mechanism of the ICSID System, in The Review of International Arbitral Awards, IAI Series on International Arbitration No. 6, at 197 (E. Gaillard ed., 2010)

• Foreword (with Lea Brilmayer), in A Principled Approach to State Failure: International Community Actions in Emergency Situations, Chiara Giorgetti (2010)

• Overview, in Contemporary Issues in International Arbitration and Mediation: The Fordham Papers 2009 291 (Arthur W. Rovine ed., 2010)

• International Investment Arbitration and ADR: Married but Best Living Apart, in Vol. 24, No. 1, Spring 2009 ICSID Review, p. 185 (2010)

Judith Resnik

Lectures and Addresses

• Plenary speaker, “The Evolving Roles of Courts in Democracies and the Challenges Democracy Poses for Courts,” 100th Anniversary of the British Columbia Court of Appeal, Vancouver, British Columbia, Canada

• Presented paper, “Bring Back Bentham: “Open Courts,” “Terror Trials,” and Public Sphere(s),” Faculty Workshop, Benjamin N. Cardozo School of Law, New York, NY

• Lecturer, “Re-presentations and Identities: Depicting Justice in Courts,” at the New York State Supreme Court, Appellate Division, First Department, New York, NY, for the Lower Manhattan Cultural Council

• Co-convener, Diaper Rights: Health, Hygiene and Public Policy, Yale Law School, New Haven, CT

• Paper, “The Changing Contours of Courts,” 2010 Litigation Review Conference, Duke Law School, Durham, NC

• Roundtable discussant, Comparative and Transnational Perspectives on Reproductive Rights, Maurice R. Greenberg Conference Center, Yale University, New Haven, CT

• Roundtable discussant, Global Scholar’s Incubator, Center for Reproductive Rights, New York, NY

• Speaker, Mohawk v. Carpenter, Federal Bar Association, New Haven, CT

• Panelist, “100th Anniversary of Roscoe Pound’s Law in Books and Law in Action,” “Institutions and Legal Regimes after Critique,” “Mrs. Dred Scott: A Life on Slavery’s Frontier,” by Lea VanderVelde, Author Meets Readers, Law and Society Association Annual Conference, Chicago, IL

• Panelist, “The Attorney Client Privilege and Interlocutory Appeals after the Supreme Court Decision in Mohawk Industries, Inc. v Carpenter,” Council of Appellate Lawyers, ABA Annual Meeting, San Francisco, CA

• Panelist, The Problematics of Preemption: Federalism and Federal Law Enforcement, at the conference, The Role of the States in Immigration Policy and Enforcement, Sandra Day O’Connor College of Law, Arizona State University, Tempe, AZ

• Plenary Speaker, Judicial Elections after Republican Party of Minnesota v. White; Panelist: Law’s Migration, National Association Women Judges 32nd Annual Conference, San Francisco, CA


• Federal Courts Stories (co-editor Vicki Jackson, Foundation Press, 2010)

• Sisterhood, Slavery and Sovereignty: Transnational Women’s Rights Movements from 1840 through the Beginning of the Twenty-first Century, in Women’s America: Seventh Edition, at 781-790 (eds. Linda Kerber, Cornelia Hughes Dayton, and Jane De Hart, Oxford University Press, 2010)

• Managerial Judges, Jeremy Bentham and the Privatization of Adjudication, in Common Law, Civil Law and the Future of Categories, (eds. Janet Walker and Oscar G. Chase, LexisNexis Canada, 2010), also published in 49 S.C.L.Rev. (2d) 205 (2010)

• Kyoto at the Local Level: Federalism and Translocal Organizations of Government Actors (TOGAS), 40 Environmental Law Reporter 10768 (with Joshua Civin and Joseph Frueh, 2010)

• Citizenship for the 21st Century: A Conversation with Seyla Benhabib and Judith Resnik, 28 Women Studies Quarterly 271 (Spring/Summer, 2010)

• Drafting, Lobbying, and Litigating VAWA: National, Local, and Transnational Interventions on Behalf of Women’s Equality, 11 Georgetown Journal of Gender and the Law 557 (2010)

• Open the Door and Turn on the Lights, May 21, 2010, Slate, available at

Other Professional Highlights

• Presented testimony, “Courtroom Use: Access to Justice, Effective Judicial Administration and Courtroom Security, Hearing before the Subcommittee on Courts and Competition Policy of the United States Committee on the Judiciary, U.S. House of Representatives

• Appointed co-chair, Judicial-Academic Network, National Association of Women Judges

• Cameo in Fair Game, Director Doug Liman, in distribution Fall, 2010, panel moderator, discussion with Valerie Plame, Joseph Wilson, Doug Liman, and Emily Bazelon at Director’s Premiere, New York, NY

Roberta Romano

Lectures and Addresses

• New York University Corporate Law Policy Analysis Seminar, “Executive Compensation and Corporate Governance”

• University of Delaware Lerner College of Business and Economics Weinberg Center for Corporate Governance Seminar in Corporate Governance, panel on “TARP and Government Ownership of Publicly Traded Companies – Impact on Shareholder Value”

• University of St. Gallen Third International Conference on Law and Economics of Global Financial Institutions, comment on “Economics of Financial Market Regulation, Banking Regulation, Corporate Governance, Financial Reporting Standards and Hedge Funds”

• Keynote Speech, 2nd Symposium of Financial Case Adjudication Committee of China Adjudication Theory Research Association, Seminar on Financial Innovation and Judicial Review, Shanghai, China, “Judicial Decisions and Financial Innovation: An Example from Protective Covenants in Debt Contracts”

• East China University of Political Science and Law, Songjiang Campus Lecture, “Corporate Governance and Performance”

• NBER Summer Institute Corporate Finance Workshop, discussant, “Legal Protection in Retail Financial Markets”

• NBER Summer Institute Workshop on the Economics of Credit Rating Agencies, discussant, “Credit Ratings and Litigation Risk”

• Case Western Reserve University School of Law Leet Symposium on The Changing World of Securities Regulation, “Should Credit Rating Agencies Be Gatekeepers? Dodd-Frank’s Mistaken Premise”

• Vanderbilt Law School Twelfth Annual Law and Business Conference: Shareholder Litigation, comment on “The Price of Pay to Play in Securities Class Actions”


• Foundations of Corporate Law, 2d ed. (2010)

• Reforming Executive Compensation: Simplicity, Transparency and Committing to the Long-term, 7 European Company and Financial Law Review 273 (2010) (with Sanjai Bhagat)

Other Professional Highlights

• Appointed Guest Professor, East China University of Political Science and Law, Shanghai, P.C.R.

• The Promise and Peril of Corporate Governance Indices (with Sanjai Bhagat and Brian Bolton) selected in Corporate Practice Commentator as one of Best Corporate and Securities Articles of 2009

Carol M. Rose

Lectures and Addresses

• Straus Institute for the Advanced Study of Law and Justice, “Racing Property: Law, Norms and Restrictive Covenants in the Segregation of American Neighborhoods, 1900-1960”

• Jean Monnet Center for International and Regional Economic Law and Justice, New York University, “Cows and Copyright: Comment on Miriam Aziz, What’s the Song and Dance About”

• Conferencia Anual del Programa de Derecho y Politica Ambiental, Universidad de Diego Portales, Santiago, Chile, “Environmental Regulation, Common Pool Resources, and the Problem of Information”

• Conference on Climate Change, University of Colorado Law School, “Environmental Globalization: Standardization or Fragmentation? Comment on William Boyd, Deforestation, Climate Change, and Global Environmental Law”

• Yale Law School Faculty Workshop, “Ostrom and the Lawyers”

• Harvard Center on Private Law, “Public Law, Private Law, and Social Movements: The Unfortunate Case of Racially Restrictive Covenants”

• Seminario en Latinoamerica de Teoria Constitucional y Politica (SELA) and SELA Organizing Committee, Santiago, Chile


• Game Stories, 22 Yale J. L. & Human. 369 (2010)

Other Professional Highlights

• Received 2010 Brigham-Kanner Prize for Scholarship in Property Rights, William and Mary Law School, Williamsburg, VA, Sept. 30, 2010

• Attended Board of Editors Meeting, Foundation Press, October 8-9, 2010

Susan Rose-Ackerman

Lectures and Addresses

• ABA Section on Criminal Law, New York City, Panel on the Foreign Corrupt Practices Act and the OECD Anti-Corruption Convention

• Mosse Lecture, Humboldt University, Berlin, “Corruption: Greed, Culture, and the State”; also presented at the Hertie School, Berlin; Transparency International, Berlin; the Italian Institute for Human Sciences, Florence, Italy; and LUISS Guido Cari University, Rome

• Lumsa University, Rome, “Administrative Power and Democratic Legitimacy”

• Roma Tre University, Rome, “Comparative Administrative Law’; also presented at the Administrative Law Discussion Forum, Quebec City

• National School of Public Administration, Rome, “Corruption: Causes and Consequences”

• Comparative Law and Economics Forum, Yale Law School, “The Law and Economics of Bribery and Extortion”

• Conference on Establishing Political and Economic Liberty, Lima, Peru, “Corruption, Culture and the State”

• Panel presenting Santiago Montt’s (Yale JSD) book, State Liability in Investment Treaty Arbitration


• The Law and Economics of Bribery and Extortion, Annual Review of Law and Social Science, volume 6 (2010)

• The Institutional Economics of Corruption, in Gjalt de Graaf, Patrick von Maravic, and Pieter Wagenaar eds., The Good Cause: Theoretical Perspectives on Corruption (Opladen: Barbara Budrich, 2010) pp. 47-63

• When BITs Have Some Bite: The Political-Economic Environment for Bilateral Investment Treaties (with Jennifer Tobin), Review of International Organizations (2010)

• Regulation and Public Law in Comparative Perspective, U. Toronto L. J. 60: 519-535 (2010)

Other Professional Highlights

• Awarded an Honorary Degree by the Peruvian University of Applied Sciences, Lima, Peru

• Conference organizer (with Tina Soreide), Economics of Corruption, Yale Law School

• American Political Science Association, William Riker Book Prize Committee

Peter H. Schuck

Lectures and Addresses

• University of Pennsylvania, Philadelphia, conference on “Sovereignty and Cosmopolitan Alternatives”

• Yale Law School Commencement, New Haven, poem for the graduating class

• Common Good conference on “Ending Governmental Paralysis”

• Tufts University conference on minorities in U.S. and China, “Affirmative Action in the U.S.”

• Kauffman Foundation Summer Law Institute, Laguna Beach, CA, “Immigration and Entrepreneurship”

• Columbia Law School, New York, “U.S. Lawsuit against Arizona on Immigration Enforcement”

• University of Brescia, Brescia, Italy, series of lectures on American law

• Hoover Task Force on National Security and Law, Washington, D.C., “Citizenship Law in the War Against Terror”

• Yale-Jindal Global University conference on globalism’s effects on the U.S. and India, Sonipat and New Delhi, India, “The Rule of Law”

• Interdisciplinary Center (IDC), Herzliya, Israel, “Loyalty Oaths and Some Lessons from the U.S. on Immigration and Citizenship Policy”

• Colgate University, Hamilton, NY, Constitution Day Lecture, “Birthright Citizenship”

• Federalist Society of Yale Law School, New Haven, debate with Akhil Amar on birthright citizenship


• The Golden Age of Aging, and Its Discontents, 18 Elder L. J. 25 (2010)

• Can We Revoke Faisal Shahzad’s Citizenship?, Wall St. J., May 14, 2010, at A19

• Birthright of a Nation, N.Y. Times, Aug. 14, 2010, at A19

Vicki Schultz

Lectures and Addresses

• Panel discussion on the Employment Non-Discrimination Act (ENDA), Yale Law School, discussant (with Professor Mary Ann Case), April 16, 2010

• Chicago Kent Law School Faculty Workshop, “Antidiscrimination Law as Disruption: The Emergence of a New Approach to Understanding and Addressing Discrimination,” April 20, 2010

• University of Chicago Law School Workshop on Regulation of Family, Sex, and Gender, “Will Marriage Make Gays and Lesbians Less Egalitarian?,” April 21, 2010

• Law and Economics after the Great Recession Workshop, University of Buffalo Law School & Baldy Center for Law and Social Policy, lead discussant on panel, “Making Sense of the Financial Crisis,” May 17, 2010

• Law and Economics After the Great Recession Workshop, University of Buffalo Law School & Baldy Center for Law and Social Policy, discussant, panel on “Racial, Patriarchal, and Class Dynamics - Insights for an Integrated Theory?,” May 17, 2010

• “Feminism and Sexuality,” presented at “Ce que le Droit dit des Violences Domestiques, et Autres Questions de Genre” workshop, Sciences Po, Paris, France, June 21, 2010

• “A Conceptual History of American Antidiscrimination Law, presented at Jurisprudence- A Critical Journal, symposium on “Gender, a Legal Issue,” University of Paris, Panthéon-Sorbonne, June 24, 2010


• Feminism and Workplace Flexibility, 42 Conn. L. Rev. 1203 (2010)

Other Professional Highlights

• McDonald/Wright Visiting Professor of Law, UCLA School of Law, 2010-11; Faculty Chair, Williams Institute, UCLA School of Law, 2010-11

• Interviewed by Professor Marie Mercat about employment discrimination law and critical theory for a book entitled American Thoughts on Employment Discrimination Law: A European Inquiry (forthcoming, Dalloz press)

Reva B. Siegel

Lectures and Addresses

• National Federation of Abortion Providers Annual Meeting, Philadelphia, PA, Plenary: Discussion of Linda Greenhouse & Reva B. Siegel, Before Roe v. Wade: Voices that Shaped the Abortion Debates Before the Supreme Court’s Ruling (2010)

• University of Los Andes, Bogota, Colombia, Colloquium on Comparative Anti-Discrimination Law and Affirmative Action: Colombia, Brazil, & United States; interviewed by César Rodríguez Garavito on comparative antidiscrimination law

• Comparative and Transnational Perspectives on Reproductive Rights, Yale University, organized meeting in coordination with Prof. Ruth Rubio Marin of European University Institute, moderated and presented on several panels

• Global Scholarship Meeting, Center For Reproductive Rights, New York, NY, “Transnational Claims on Dignity”

• American Association of Law Schools 2010 Midyear Meeting, New York, NY, Workshop on Civil Rights Law, Politics, and Legal Education, Plenary: Interventions: The Possibilities of Law – “Remembering How To Do Equality—The Constitution in 2020”

• Moot Camp, Yale Law School, organized, moderated, and spoke at various sessions

• American Constitution Society. Yale Law School, “Remembering How To Do Equality—The Constitution in 2020” (with Jack Balkin)

• Legal History Workshop. Harvard Law School, presented Linda Greenhouse & Reva B. Siegel, Before Roe v. Wade: Voices that Shaped the Abortion Debates Before the Supreme Court’s Ruling (2010), with comments by Prof. Michael Klarman

• Constitutional Law Colloquium, New York University Law School, discussed manuscript of “From Colorblindness to Antibalkanization: An Emerging Ground of Decision in Race Equality Cases”

• National Association of Women Judges Annual Meeting, San Francisco, Plenary: “Before (and After) Roe v. Wade


• Before Roe v. Wade: Voices that Shaped the Abortion Debates Before the Supreme Court’s Ruling (2010) (with Linda Greenhouse)

• Roe’s Roots: The Women’s Rights Claims that Engendered Roe, 90 B.U.L. Rev. 1875 (2010)

Robert A. Solomon

Lectures and Addresses

• Yale Law School orientation, “History of Public Interest Law at YLS”


• Law Students Nurture Low-income Communities, 21 Communities & Banking, Number 3, p. 17

Other Professional Highlights

• Represented City of New Haven in New Haven Promise scholarship program

• Board of Directors, Start Community Bank

• President, First City fund Corporation

• Chair, Housing Authority of the City of New Haven

Kate Stith

Lectures and Addresses

• Yale Law School Memorial Service for Professor Daniel Freed, speaker

• Yale-Stanford Junior Faculty Forum, Criminal Law co-chair and commentator

• Women’s Campaign School at Yale, faculty sponsor and speaker

• Investiture of David B. Fein as U.S. Attorney for the District of Connecticut, host and commentator

• Yale Law School Moot Camp, commentator

• Yale Law School Alumni Weekend, The CSI Effect?, moderator


• The Costs of Judging Judges by the Numbers, 28 Yale L. & Pol’y Rev. 313 (2010) (with M. Levy & J. Cabranes)

Other Professional Highlights

• Appointed to Board of Advisors, Families Against Mandatory Minimums

• Reelected Vice-Chair of the Committee on Professional Responsibility (Connecticut)

• Amicus, Hurrell–Harring v. State of New York, 904 N.Y.S.2d 296 (May 6, 2010)

Alec Stone Sweet


• The European Court of Justice and the Judicialization of EU Governance, Living Reviews in European Union Governance (2010), available at

• Investor-State Arbitration: Proportionality’s New Frontier, J.L. & Ethics of Hum. Rts. 4 (1): 45 (2010), available at

Michael Wishnie

Lectures and Addresses

• Sandra Day O’Connor College of Law, Arizona State University, Tempe, AZ, “The Struggle for Balance in U.S. Immigration Policy” (Oct. 2010)

• Latino Law Student Association, Annual Convention, New Haven, CT, “Immigration Detention in 2010” (Oct. 2010)

• The Labor Law Group Tri-Annual Meeting, Lake Arrowhead, CA, “Emerging Issues for Immigrant Workers (June 2010)

• Asociacion Civil por la Igualdad y la Justicia (ACIJ), Buenos Aires, Argentina, “Litigation for Social Change in the United States” (Apr. 2010)


• The Summer of ‘10: Federal Power, Local Autonomy, and the Struggle over Immigration Policy, 4 Origins 2 (Nov. 2010)

Other Professional Highlights

• Established Veterans Legal Services Clinic at Yale Law School (Sept. 2010)

John F. Witt

Lectures and Addresses

• University of California at Irvine, “Reflections on the Laws of War in American History”

• Conference in Honor of William E. Nelson, NYU School of Law, “The Political Economy of Pain”

• Federalist Society Debate at Yale Law School, “The Future of the Second Amendment”


• Law and War in America, 115 American Historical Review 768

Stephen Wizner

Lectures and Addresses

• Grand Rounds, Yale University Department of Psychiatry, “Learning to Collaborate: The Teaching Legacy of Howard Zonana in Forensic Psychiatry”

• Bar Ilan University Law School, Ramat Gan, Israel, “Developments in Clinical Legal Education”

• The Van Ardell Lecture, University of Illinois College of Law, “Is Learning to Think Like a Lawyer Enough?”