Curriculum Vitae

EMPLOYMENT:
Arthur Liman Professor of Law, Yale Law School, 1997-Present
Columbia Law School, Occasional Scholar in Residence, 2008 -2009
University College London, Visiting Scholar, Spring 2009
Distinguished Visiting Professor, University of Toronto School of Law, 2005
Parsons Visitor, Sydney University, School of Law, 2004

Visiting Professor of Law, New York University School of Law, 1996-1997
Orrin B. Evans Professor of Law, University of Southern California, 1989-1997
Professor of Law, 1985-1989; Associate Professor, 1982-1985;
Assistant Professor, 1980-1982
Visiting Professor of Law, Harvard Law School, Fall 1989
Visiting Professor of Law, Yale Law School, Spring 1989
Visiting Professor of Law, University of Chicago Law School, Fall 1988
Member, Faculty, The Salzburg Seminar on United States Legal Institutions, July 1988
Acting Director, Daniel and Florence Guggenheim Program in Criminal Justice,
Yale Law School, 1979-1980
Lecturer in Law and Supervising Attorney, Yale Law School, 1977-1979
Instructor, New York University School of Law, 1976-1977
Law Clerk, Honorable Charles E. Stewart, United States District Court, Southern District of New York, 1975-1976

PROFESSIONAL ACTIVITIES:
Chair of Fellows Selection Committee and Founding Director, Arthur Liman Public    Interest Program and Fund, Yale Law School, 1997-present
Board of Managerial Trustees, International Association of Women Judges, 2001-present
Co-Chair, Women Faculty Forum, Yale University, 2006- July 2008
Member, Steering Committee, 2001-2006
Member, Advisory Group, Principles of the Law of Aggregate Litigation, American
Law Institute, 2004-present
Member, Standing Committee on Federal Judicial Improvements, American Bar Association, 2006-present (prior three-year term in the late 1990s)
Co-chair of the Board, Fansler Foundation, 2003-present
Member, National Board of Academic Advisors for the William H. Rehnquist Center on
 the Constitutional Structures of Government, 2007-2009
Fellow, Davenport College, Yale University, 2002-present
Member, Editorial Board, Yale Journal of Law and Feminism
Member, Editorial Advisory Board, Yale Journal of Law and the Humanities
Member, Advisory Board, Journal of Law and Ethics of Human Rights
Member, Board of Advisors, American University Journal of Gender,
Social Policy and the Law
Board of Editorial Consultants, New Law Books (online)
Member, Advisory Board, Litigation, Procedure, and Dispute Resolution Abstracts (online)
Member, International Academic Board of the Israel Law Review

OTHER ACTIVITIES:
Member, Advisory Board of the Science for Judges Project, Brooklyn Law School,
2003-2007
Chair, Section of Civil Procedure, American Association of Law Schools 2003, 1991 
Chair, Section on Federal Courts, American Association of Law Schools, 2002, 
Member, Executive Committee, 1999-2004
Board Member, Lawyers’ Committee for Civil Rights, 2004-2007
Liaison, American Association of Law Schools to the American Bar Association Commission on Women, 2000-2005
Member, Editorial Board, Law and Social Inquiry, 1998-2004
Consultant, RAND, Institute for Civil Justice, 1980-2002
Member, Ninth Circuit Gender Bias Task Force, 1990-1994
Member, Committee on Diversity in Legal Education of the Section of Legal Education and Admissions to the Bar of the American Bar Association, 1996-2002
Co-Chair, Judicial-Academic Network, National Association of Women Judges, 1998-2001
Member, Advisory Board of the Center for Judicial Process, Albany Law School,
2000-2004
Member, Editorial Board, The Justice System Journal
Member, Board of Governors, Society of American Law Teachers, 1980-1997
Co-Chair, Robert M. Cover Memorial Public Interest Retreat, Society of American Law Teachers, 1988-1992
Co-Chair, University of Southern California Feminist Council, 1990-1996
Member of and a general reporter for the International Association of Procedural Law, 1991 Conference
Member, Planning Committee, ABA-AALS Conference on Women in Legal Education, 1990
Member, Advisory Panel to a Subcommittee of the Federal Courts Study Committee, 1989-1990
Member, Steering Committee for the Center for Feminist Research, University of               Southern California, 1990-1994
Chair, Section on Women in Legal Education, American Association of Law Schools, 1989
Member, American Bar Association, Litigation Section, Federal Initiatives Task Force, 1991-1993
Member, Twentieth Century Fund Task Force on Judicial Responsibility, 1988-1989
Member, Board of ACLU of Southern California, 1985
Chair, Bryn Mawr College Centennial Campaign for Southern California, 1983-1985

PUBLICATIONS:
 
Books and Monographs

Migrations and Mobilities: Citizenship, Borders, and Gender (co-editor, Seyla Benhabib)
(New York University Press, 2009)

The Processes of the Law: Understanding Courts and Their Alternatives (Foundation Press, 2004).

Adjudication and Its Alternatives: An Introduction to Procedure (with Owen Fiss)
 (Foundation Press, 2003).

The Effects of Gender: The Final Report of the Ninth Circuit Gender Bias Task Force (July 1993) (with The Hon. John C. Coughenour, The Hon. Proctor Hug, Jr., The Hon. Marilyn Patel, Terry W. Bird, Deborah R. Hensler, M. Margaret McKeown, and Henry Shields, Jr.), also reprinted in 67 Southern California Law Review 745, (1994).

Procedure (with Robert Cover and Owen Fiss) (Foundation Press, 1988).

The Federal Procedural System: A Rule and Statutory Source Book (with Robert Cover and Owen Fiss) (Foundation Press, 1988, 1989, 1991).

Books Under Contract

Federal Courts Stories (with Vicki Jackson) (Thompson Press, forthcoming 2009).

Representing Justice: The Rise and Fall of Adjudication as Seen From Renaissance Iconography to Twenty-First Century Courthouses (with Dennis Curtis) (Yale University Press, forthcoming 2010).

 The Corporate Judiciary: The Federal Courts in the Twentieth Century (Yale University
  Press).

Chapters in Books

What’s Federalism For?, in The Constitution 2020 (eds. Jack Balkin and Reva Siegel,
Oxford University Press, forthcoming 2009).

Sisterhood, Slavery and Sovereignty, in Women’s America: Seventh Edition (eds. Linda  
Kerber, Cornelia Hughes Dayton, and Jane De Hart, Oxford University Press, forthcoming 2009).

Judicial Independence, in Global Perspectives on Constitutional Law 15-33 (eds. Vikram
David Amar and Mark V. Tushnet, Oxford University Press, 2008).

From “Rites” To “Rights” of Audience:  The Utilities and Contingencies of the Public’s  Role in Court-Based Processes, (with Dennis E. Curtis) in Representation of  Justice 195-236 (eds. Antoine Masson and Kevin O’Connor, P.I.E. - Peter Lang, 2007).

Sisterhood, Slavery, and Sovereignty: Transnational Antislavery Work and Women’s Rights Movements in the United States During the Twentieth Century, in Women’s Rights and Transatlantic Antislavery in the Era of Emancipation (eds. Kathryn K. Sklar and James Brewer Stewart, Yale University Press, 2007).

Gendered Borders and United States’ Sovereignty, in Women and Immigration Law: New Variations on Classical Feminist Themes  (eds. S.K. Van Walsum and T. Spijkerboer, Routledge-Cavendish Press, 2006).

 Contracting Civil Procedure, in Law and Class in America: Trends Since the Cold War (eds. Paul Carrington and Trina Jones, New York University Press, 2006).

 Democratic Responses to the Breadth of Power of the Chief Justice, in Reforming  the Court: Term Limits for Supreme Court Justices (eds. Paul D. Carrington and Roger C. Cramton, Carolina Academic Press, 2006).
 
Composing a Judiciary:  Reflections on Proposed Reforms in, The United Kingdom on How to Change the Voices of and the Constituencies for Judging, in  Constitutional Innovation: The Creating of A Supreme Court for the United  Kingdom; Domestic, Comparative and International Reflections, A Special Issue of Legal Studies (ed. Derek Morgan, LexisNexis, United Kingdom, 2004).

The Story of Goldberg: Why This Case Is Our Shorthand, in Civil Procedures Stories:  An In-Depth Look at the Leading Civil Procedure Cases (ed. Kevin M. Clermont, Foundation Press, 2004; 2nd ed., 2007; 1st ed. 2004).

Federalism(s), Feminism, Families, and the Constitution, in Women and the United States Constitution:  History, Interpretation, and Practice (eds. Sybil A. Schwarzenbach and Patricia Smith, Columbia University Press, 2004).

The Rights of Remedies: Collective Accountings for and Insuring Against the Harms of Sexual Harassment, in Directions in Sexual Harassment Law (eds. Reva Siegel and Catherine MacKinnon, University Press, 2004).

Civil Processes, in Oxford Handbook of Legal Studies (eds. Peter Cane and Mark Tushnet, Oxford Press, 2003).

Women, Meeting (Again), in and Beyond the United States, Afterword to The Difference Difference Makes: Women and Leadership (ed. Deborah L. Rhode, Stanford University Press, 2003).

Procedure: Legal Aspects (Vol.18), in International Encyclopedia of the Social & Behavioral Sciences (eds. Neil J. Smelser and Paul B. Baltes, Elsevier Press, 2001). 

Contested Identities: Task Force on Gender, Race, and Ethnic Bias and the Obligations of the Legal Profession, in Ethics in Practice, Lawyers’ Roles, Responsibilities, and Regulation (ed. Deborah L. Rhode, Oxford University Press, 2000).

Federal Judicial Role (Vol. III); Single-Sex Education (Vol. V); Procedural Due Process Civil (Update I, Vol. IV), in The Encyclopedia of the American Constitution, 2d ed. (eds. Leonard Levy, Kenneth L. Karst, Adam Winkler, Dennis J. Mahoney, and John G. West, Jr., Macmillan, 2000).

Singular and Aggregate Voices: Audiences and Authority in Law & Literature and in Law & Feminism, in Law and Literature: Current Legal Issues Vol. II (eds. Michael Freeman and Andrew D. E. Lewis, Oxford University Press, 1999).

Foreword to Beyond Portia: Women, Law & Literature in the United States (eds. Jacqueline St. Joan and Annette Bennington McElhiney) (with Carolyn Heilbrun) (Northeastern University Press, 1997).

Procedure, in Looking at Law School, (ed. Stephen Gillers, Penguin Books, N.Y., 4th ed., 1997; 3rd ed., 1990).

From the Senate Judiciary Committee to the County Courthouse: The Relevance of Gender, Race, and Ethnicity to Adjudication, in Race, Gender, and Power in America, The Legacy of the Hill-Thomas Hearings (eds. Anita Hill and Emma Jordan, Oxford Press, 1995).

Gender in the Courts: The Task Force Reports, in The Woman Advocate, Excelling in the 90's (eds. Jean Maclean Snyder and Andra Barmash Greene, Prentice Hall Law & Business, 1995).

Finding the Factfinders, in Verdict: Assessing the Civil Justice System (ed. Robert E. Litan, Brookings, May 1993).

Independent and Inter-dependent: The Ninth Circuit and the Federal Judiciary, in Restructuring Justice (ed. Arthur Hellman, Cornell  Press, 1990).

The Perception of Justice: Tort Litigants' Views of Trial, Court-Annexed Arbitration, and Judicial Settlement Conferences (with E. Allan Lind, Robert MacCoun, Patricia Ebener, William L.F. Felstiner, Deborah R. Hensler, and Tom R. Tyler), The RAND Corporation, Institute for Civil Justice  (1989).

Should Prisoners Be Classified by Sex?, in Criminal Corrections: Ideals  and Realities  (ed. J. Doig, Mass: Lexington Books, Fall, 1982).

Discrimination in Education, Chapter XXVIII in Dorsen, Bender, Neuborne, and Law, in Political and Civil Rights in the United States (Little Brown, 1979) Supplement, 1981.

Prisoners of Their Sex: Health Problems of Incarcerated Women (with Nancy Shaw) in Prisoners' Rights Source Book: Theory, Practice, and Litigation Vol. II (ed. Ira Robbins, N.Y.: Clark Boardman, 1980).

Federal Prisoners' Access to Federal Courts: Jurisdiction and Related Procedural Matters,
Prisoners Rights (N.Y.: PLI, 1979).

Undelivered Care: The Incapacitated and the Mentally Ill New York City Defendant, A Report to the Mayor's Criminal Justice Coordinating Council (August 1973) (co-author).

Articles

Courts: In and Out of Sight, Site, and Cite, 53 Villanova Law Review (forthcoming 2009). 

The Internationalism of American Federalism: Missouri and Holland (Earl F. Nelson Memorial Lecture), 73 Missouri Law Review 1105 (2009).

Interdependent Federal Judiciaries: Puzzling about Why and How to Value the Independence of Which Judges, 137 Daedalus 28 (2008).

Ratifying Kyoto at the Local Level: Sovereigntism, Federalism, and Translocal Organizations of Government Actors (TOGAs), 50 Arizona Law Review 709 (with Joshua Civin and Joseph Frueh, 2008).

Lessons in Federalism From the 1960s Class Action Rule and the 2005 Class Action Fairness Act: “The Political Safeguards” of Aggregate Translocal Actions, 156 University of Pennsylvania Law Review 1929 (2008).

Law as Affiliation: “Foreign” Law, Democratic Federalism, and the Sovereigntism of the Nation-State, 6 International Journal of Constitutional Law (I·CON) 33 (2008)

Foreign as Domestic Affairs: Rethinking Horizontal Federalism and Foreign Affairs Preemption in Light of Translocal Internationalism, 57 Emory Law Journal 31 (2007)

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

Roscoe Pound Round-Table Discussion, in Conference of Chief Justices and Council on    State Court Administrators Symposium, 82 Indiana Law Journal 1157 (2007). 

Whither and Whether Adjudication?, 86 Boston University Law Review 1101 (2006).

Uncovering, Disclosing, and Discovering How the Public Dimensions of Court-Based Processes Are at Risk, 81 Chicago-Kent Law Review 521 (2006).

Responding to a Democratic Deficit: Limiting the Powers and the Term of the Chief Justice of the United States, 154 University of Pennsylvania Law Review 1575 (with Lane Dilg, 2006).

Law’s Migration: American  Exceptionalism, Silent Dialogues, and Federalism’s Multiple Ports of Entry, 115 Yale Law Journal 1564 (2006).

Living Their Legal Commitments:  Paideic Communities, Courts and Robert Cover, 17 Yale Journal of Law & the Humanities 17 (2005).

Procedure as Contract, 80 Notre Dame Law Review 593 (2005).

Judicial Selection and Democratic Theory: Demand, Supply, and Life Tenure, 26 Cardozo Law Review 597 (2005).

 Procedure’s Projects, 23 Civil Justice Quarterly 273 (2004).

Migrating, Morphing, and Vanishing: The Empirical and Normative Puzzles of  Declining Trial Rates in Courts, 3 Journal of Empirical Legal Studies 783 (2004).

Tribes, Wars, and the Federal Courts: Applying the Myths and the Methods of Marbury v. Madison to Tribal Courts’ Criminal Jurisdiction, 36 Arizona State Law Journal  77 (2004).

The Independence of the Federal Judiciary, in Proceedings of the American Academy of Arts and Sciences, 17 Bulletin 22 (2004).

For Owen M. Fiss:  Some Reflections on the Triumph and the Death of Adjudication, 58 University of Miami Law Review 173 (2003).

A Continuous Body: Ongoing Conversations About Women and Legal Education, 53 Journal of Legal Education 564 (2003).

Of Courts, Agencies, and the Court of Federal Claims: Fortunately Outliving One’s Anomalous Character, 71 George Washington Law Review 798 (2003).

Adding Insult to Injury: Questioning the Role of Dignity in Conceptions of Sovereignty, 55 Stanford Law Review 1921 (2003).

Constricting Remedies: The Rehnquist Judiciary, Congress, and Federal Power, 78 Indiana Law Journal 223 (2003).

Reconstructing Equality: Of Justice, Justicia, and the Gender of Jurisdiction, 14 Yale Journal of Law and Feminism 393 (2002).

Mediating Preferences: Litigant Preferences for Process and Judicial Preferences for Settlement, 2002 University of Missouri-Columbia Journal of Dispute Resolution 155 (2002).

Teaching Billing: Metrics of Value in Law Firms and Law Schools (with Dennis E. Curtis), 54 Stanford Law Review 1409 (2002).

“Uncle Sam Modernizes His Justice”: Inventing the Federal District Courts of the Twentieth Century for the District of Columbia and the Nation, 90 Georgetown Law Journal  607 (2002). 

Remarks, Bicentennial Celebration for the Courts of the District of Columbia Circuit, 204 Federal Rules of Decision 499 (2002).

Grieving Criminal Defense Lawyers (with Dennis E. Curtis), 70 Fordham Law Review 1615 (2002).

Engendering Democracy Through Understanding Federal Family Law, 11 The Good Society (A PEGS Journal) 79 (2002).

Tribute to Norman Dorsen, 58 Annual Survey of American Law 29 (2001).

Categorical Federalism: Jurisdiction, Gender and the Globe, 111 Yale Law Journal 619 (2001).

Procedure: Legal Aspects, Neil Smelser and Paul Baltes, (eds.), 18 International Encyclopedia of the Social & Behavioral Sciences 12136 (2001).

The Modernity of Judging: Judicial Independence and the 20th Century United States Federal Courts, presented at The 1701 Conference, Vancouver, British Columbia, Canada, May 9-11, 2001, at the 300th anniversary of the 1701 Act of Settlement.

The Programmatic Judiciary: Lobbying, Judging, and Invalidating: The Violence Against Women Act, 74 Southern California Law Review 269 (2000).

Money Matters: Judicial Market Interventions Creating Subsidies and Awarding Fees And Costs in Individual and Aggregate Litigation, 148 University of Pennsylvania Law Review 2119 (2000).

Trial as Error, Jurisdiction As Injury: Transforming the Meaning of Article III, 113 Harvard Law Review 924 (2000).

Judicial Independence and Article III: Too Little and Too Much, 72 Southern California Law Review 657 (1999). The Federal Courts and Congress: Additional Sources, Alternative Texts, and Altered Aspirations, 86 Georgetown Law Journal 2589 (1998).

“The Federal Courts”: Constituting and Changing the Topic, 32 University of Richmond Law Review 603 (1998).

On the Margin: Humanities and Law, 10 Yale Journal of Law and Humanities 413 (1998).

Contingent Fees in Mass Torts: Access, Risk and the Provision of Legal Services When Layers of Lawyers Work for Individuals and Collectives of Clients (with Dennis E. Curtis), 47 DePaul Law Review 425 (1998).

Changing Practices, Changing Rules: Judicial and Congressional Rulemaking in Civil Juries, Civil Justice, and Civil Judging, in a Symposium, Evaluation of the Civil Justice Reform Act,  49 Alabama Law Review 133 (1997), also published in Canadian Institute for the Administration of Justice, The Administration of Justice  in Commercial Disputes 149 (1997).

Litigating and Settling Class Actions: The Prerequisites of Entry and Exit, 30 U.C. Davis Law Review 835 (1997).

Afterword: Federalism’s Options, Symposium Issue: Yale Law & Policy Review/Yale Journal on Regulation 465 (1996).

Changing the Topic, 7 The Australian Feminist Law Journal 95 (1996); and published in 8 Cardozo Studies in Law and Literature 339 (Fall/Winter 1996).

Asking About Gender in Courts, 21 Signs: Journal of Women in Culture and Society 952 (Summer, 1996).

Individuals Within the Aggregate: Relationships, Representation, and Fees (with Dennis E. Curtis and Deborah Hensler), 71 New York University Law Review 296 (1996).

History, Jurisdiction, and the Federal Courts: Changing Contexts, Selective Memories, and Limited Imagination, 98 West Virginia Law Review 171 (1995).

Sentencing Women, 134 Federal Sentencing Reporter 134 (1995).

Aggregation, Settlement, and Dismay, 80 Cornell Law Review 918 (1995).

Procedural Innovations, Sloshing Over: A Comment on Deborah Hensler, A Glass Half Full, a Glass Half Empty: The Use of Alternative Dispute Resolution in Mass Personal Injury Litigation, 73 Texas Law Review 1627 (1995).

Multiple Sovereignties: Indian Tribes, States, and the Federal Government, 79 Judicature 118 (1995).

Many Doors?  Closing Doors?  Alternative Dispute Resolution and Adjudication, 10 Ohio State Journal on Dispute Resolution 211 (1995).

Whose Judgment?  Vacating Judgments, Preferences for Settlement, and the Role of Adjudication at the Close of the Twentieth Century, 41 UCLA Law Review 1471 (1994) (also published by RAND, Institute for Civil Justice, 1995).

National Courts: Imagining Alternatives to State and Federal Courts, Southern California Law Review 2 (Spring, 1995).

Rereading "The Federal Courts:" Revising the Domain of Federal Courts Jurisprudence at the End of the Twentieth Century, 47 Vanderbilt Law Review 1021 (1994).

The Future of Civil Litigation: A Panel Discussion in Symposium, Reinventing Civil Litigation: Evaluating Proposals for Change, 59 Brooklyn Law Review 1199 (with Kenneth Feinberg and Ralph Winter) (1994).

Ambivalence: The Resiliency of Legal Culture in the United States, 45 Stanford Law Review 1525 (1993).

Gender Bias: From Classes to Courts, 45 Stanford Law Review 2195 (1993).

Revising the Canon: Feminist Help in Teaching Procedure, Introduction to a Symposium, 61 University of Cincinnati Law Review 1181 (1993).

Hearing Women, 65 Southern California Law Review 1333 (1992).

"Naturally" Without Gender: Women, Jurisdiction, and the Federal Courts, 66 New York University Law Review 1682 (1991).

Visible on Women's Issues, 77 Iowa Law Review 41 (1991).

From “Cases” to “Litigation,” 54 Law and Contemporary Problems 5 (1991) (also published RAND, Institute for Civil Justice (1991).

Housekeeping: The Nature and Allocation of Work in the Federal Trial Courts, 24 Georgia Law Review 909 (1990).

In the Eye of the Beholder: Tort Litigants’ Evaluations of their Experiences in the Civil Justice System (with E. Allan Lind, Robert J. MacCoun, Patricia Ebener, William L.F. Felstiner, Deborah R. Hensler, Tom R. Tyler), 24 Law & Society Review  953 (1990) (related monograph, The Perception of Justice,  also published by RAND, Institute for Civil Justice, 1989).

Feminism and the Language of Judging, 22 Arizona State Law Journal 31 (1990).

Changing Criteria for Judging Judges, 84 Northwestern University Law Review 889 (1990).

Convergences: Law, Literature, and Feminism (with Carolyn Heilbrun), 99 Yale Law Journal 1913 (1990).

Constructing the Canon, 2 Yale Journal of Law and Humanities 221 (Winter, 1990).

Dependent Sovereigns: Indian Tribes, States, and the Federal Courts, 56 University of Chicago Law Review 671 (1989).

Complex Feminist Conversations, University of Chicago Legal Forum 1 (1989).

The Domain of Courts, 137 University of Pennsylvania Law Review 2219 (1989).

On the Bias: Feminist Reconsiderations of the Aspirations for Our Judges, 61 Southern California Law Review 1877 (1988).

The Public Dimension, in Conference on Procedural Due Process: Liberty and Justice, 39 University of Florida Law Review 405 (1987).

Judging Consent, University of Chicago Legal Forum 43 (1987).

Images of Justice (with Dennis E. Curtis), 96 Yale Law Journal 1727 (1987).

The Problems of Parity, Journal of the National Prison Project (Fall, 1987).

Failing Faith: Adjudicatory Procedure in Decline, 53 University of Chicago Law Review 494 (1986); also published by RAND, Institute for Civil Justice (1986).

The Declining Faith in the Adversary System, 13 Litigation 3 (1986).

The Mythic Meaning of Article III Courts, 56 University of Colorado Law Review 581 (1985).

Precluding Appeals, 70 Cornell Law Review 603 (1985).

Managerial Judges: The Potential Costs, in Symposium, Law and Public Affairs, 45 Public Administration Review 686 (Special Issue, November 1985).

Tiers, 57 Southern California Law Review 837 (1984).

Commentaries on Prisoner Litigation, 9 Justice System Journal 347 (Winter, 1984).

The Assumptions Remain, 23 Judges' Journal 37 (Fall, 1984).

Managerial Judges and Court Delay: The Unproven Assumptions, 23 Judges' Journal 8 (Winter, 1984).

Book Review of The Brandeis/Frankfurter Connection, 71 California Law Review 776 (1983).

Managerial Judges, 96 Harvard Law Review 374 (1982) (also published by RAND, Institute for Civil Justice, 1982).

Co-Author, Patients' Rights: Disclosure, Consent, and Capacity, 1973/1974 Annual Survey of American Law 87.

Selected Recent Commentary from Newspapers, Magazines, and Journals

Judicial Independence, Panel Discussion, Sandra Day O’Connor, Linda Greenhouse, Judith Resnik, Bert Brandenburg, and Viet D. Dinh, Bulletin of the American Academy 29 – 56 (Winter 2009).

Translocal Transnationalism: Foreign and Domestic Affairs, Proceedings of the 102nd ASIL Annual Meeting (forthcoming 2009).

There’s a New Lawyer in Town, February 9, 2009, Slate, available at http://www.slate.com/id/2210637/

Revival of Justice, January 6, 2009, Slate, available at http://www.slate.com/id/2208017/

Sitting on Great Judges, December 19, 2008, Slate, available at http://www.slate.com/id/2207071/

The Return of Regency, September 11, 2008, Slate, available at http://www.slate.com/blogs/blogs/xxfactor/archive/2008/09/11/the-return-of-regency.aspx

Courts and Democracy: The Production and Reproduction of Constitutional Conflict in The Courts and Social Policy in the United States (Oxford: Foundation for Law, Justice and Society, 2008) available at: http://www.fljs.org/Courts2.

Moving American Mores: From Women's Education to Torture 36 Women Studies Quarterly 339(Spring/Summer 2008).

When the Justice Department Played Defense.  October 27, 2006, Slate.

 Borders, Law, and Doors – Opening.  Bryn Maw College Convocation, May, 2006

Opening the Door.  Court Stripping: Unconscionable and Unconstitutional? February 1, 2006, Slate.

So Long: Changing the Judicial Pension System Could Keep Judges from Staying on the Bench for Too Many Years, July/August  Legal Affairs 20 (2005).

One Robe, Two Hats, New York Times, Op-Ed, Section 4 at 13 (July 17, 2005).

Looking Back, Looking Forward: One Hundred Years, Concluding Remarks in, Women Faculty Forum, Gender Matters: Women and Yale in its Third Century (2004).

The Courts, the Legislature, and the Executive: Separate and Equal?  Issues at the Federal Level, 87 Judicature 220 (2004).
 
Judicial Selection, Independent Jurists, and Life-Tenure, (2004).

Engendering Equality: A View from the United States, 35 The European Lawyer 21 (February, 2004).

At Home and Work, Still a Man’s World, Commentary, (with Emily Bazelon), Los Angeles Times, (January 2, 2004).

Supermajority Rule, New York Times, Op-Ed, Section A at 31 (June 11, 2003).

TESTIMONY:

Sunshine in Litigation Act: Does Court Secrecy Undermine Public Health and Safety, Hearing Before the Subcommittee on Antitrust, Competition Policy and Consumer Rights, S. Comm. on the Judiciary, 110th Cong. 181 (2007).

Hearings on the Judicial Nomination of John G. Roberts, Jr., to be Chief Justice of the United States, held by the Committee on the Judiciary of the United States Senate, Washington, DC, September, 2005.

Hearings on the Judicial Selection before the Standing Committee on Justice, Human Rights, Public Safety and Emergency Preparedness, held by the House of Commons, Ottawa, Canada, April 20, 2004.

Hearings on the Proposed Amendments to Federal Rule of Civil Procedure 23, held by the Committee on Rules of Practice and Procedure, Judicial Conference of the United States, January 2002. 

Hearings on The Senate's Role in the Nomination and Confirmation Process: Whose Burden?, held by  the Senate Committee on the Judiciary, Subcommittee on Administrative Oversight and the Courts, 107th Cong. (2001), also published in 50 Drake L. Rev. 539 (2001-02).

Hearings on Proposed Amendment to Federal Rule of Civil Procedure 23, held by the Committee on Rules of Practice and Procedure, Advisory Committee to the Standing Committee on the Rules of Practice and Procedure of the United States Judicial Conference, November 1996.

Hearings on the Proposed Long Range Plan of the Judicial Conference of the United  States, held by the Committee on Long Range Planning, December 1994.

Hearings on the Proposed Changes in the Federal Rules of Civil Procedure, held by the Standing Committee on Rules of Practice and Procedure of the United States Judicial Conference, November 1991.

Hearings on the Tentative Report of the Federal Courts Study Committee, held by members of the Committee, San Diego, California, January 29, 1990.

Hearings on the Proposed Amendments to Rule 63 of the Federal Rules of Civil Procedure, held by the Advisory Committee to the Standing Committee on the Rules of Practice and Procedure of the United States Judicial Conference, January 1990.

Hearings on the Confirmation of Robert H. Bork to be an Associate Justice of the United States Supreme Court, held by the Committee on the Judiciary, United States Senate, September 1987.

Hearings on Proposed Amendments to Rule 52(a) of the Federal Rules of Civil Procedure, held by the Subcommittee on Criminal Justice of the Judiciary Committee of the U.S. House of Representatives, June 1985.

Hearings on Proposed Amendments to Rule 68 of the Federal Rules of Civil Procedure, held by the Advisory Committee to the Standing Committee on the Rules of Practice and Procedure of the United States Judicial Conference, 1985.

Hearings on Proposals to Amend the Rules Governing Section 2254 Cases in the United States District Courts, and Rules Governing Section 2255 Proceedings in the United States District Courts, held by the Advisory Committee to the Standing Committee on the Rules of Practice and Procedure of the United States Judicial Conference, 1984.

Hearings on the Female Offender, held by the Subcommittee on Courts, Civil Liberties, and the Administration of Justice of the Committee on the Judiciary of the U.S. House of Representatives, October 10 and 11, 1979.

Hearings on Drug Abuse Treatment, held by the Select Committee on Narcotics Abuse and Control of the U.S. House of Representatives, July 25, 1978.

HONORS AND AWARDS:

Outstanding Scholar Award from the Fellows of the American Bar Foundation, 2008

Oral History, 2007, Women Trailblazers in the Law Project, Commission on Women and the Profession of the American Bar Association, deposited in the Library of Congress, 2009
 
Convocation Speaker, Bryn Mawr College Commencement, May 2006

Member, American Philosophical Society, elected Spring 2002

Fellow, American Academy of Arts and Sciences, elected Spring 2001

Recipient, Margaret Brent Women Lawyers of Achievement Award, American Bar Association Commission on Women in the Profession, August 1998

Recipient, NYU School of Law, Legal Teaching Award, Spring 1995

Recipient, USC Associates Award for Creativity in Research, Spring 1994

Recipient, Florence K. Murray Award, National Association of Women Judges, Fall 1993

Recipient, "Big Splash Award" from the Program of Women and Men in Society (SWMS), University of Southern California, 1992

Member, Phi Kappa Phi, elected by the USC Chapter, 1991

University Scholar, University of Southern California, 1982-1983

Recipient, Student Bar Association Outstanding Faculty Award, University of Southern California Law Center, 1982-1983

Hays Fellow, 1974-1975, New York University/American Civil Liberties Union

EDUCATION:

Bryn Mawr College, B.A., cum laude, 1972

New York University School of Law, J.D., cum laude, 1975

BAR MEMBERSHIPS:

Connecticut
United States District Courts: District of Connecticut, Southern District of New York, Eastern District of New York
United States Court of Appeals for the First, Second, Third, Fourth, Ninth and Eleventh Circuits
United States Supreme Court

SELECTED LITIGATION:

United States Supreme Court

Of counsel on Brief of Law Professors as Amici Curiae, in Support of Respondent Jacob Denedo (No. 08-267, 2009WL418793), United States v. Denedo, (filed February 2009).

Of counsel on Brief of Amici Curiae Professors of Constitutional Law and of Federal Jurisdiction, in support of Petitioner Keith Haywood (No. 07-10374), Haywood v.  Drown (filed August 2008), cert. granted, 128 S.Ct. 2938 (2008).

Of counsel on Brief of Amici Curiae Professors of Constitutional Law and of the Federal Courts, in support of the Habeas Petitioners Omar and Munaf (Nos. 07-394, 06-1666), Munaf v. Geren, 128 S.Ct. 2207 (2008).

Of counsel on Brief of Professors of Constitutional Law and of the Federal Jurisdiction as Amici Curiae, in support of Petitioners Boumediene et al. (Nos. 06-394, 06-1196), Boumediene v. Bush, 128 S.Ct. 2229 (2008).

Brief of Amici Curiae Norman Dorsen, Frank Michelman, Burt Neuborne, Judith Resnik, and David Shapiro, in support of Petitioner Salim Ahmed Hamdan (No. 05-184), Hamdan v. Rumsfeld, 548 U.S. 557 (2006).

Oral Argument presented on behalf of the Rotary Club of Duarte: Board of Directors of Rotary International v. Rotary Club of Duarte, 481 U.S. 537 (1987).

Appellate Counsel

In re San Juan Dupont Plaza Hotel Fire Litigation, 111 F.3d 220 (1st. Cir. 1997).

In re Thirteen Appeals Arising Out of San Juan Dupont Plaza Hotel Fire Litigation, 56 F.3d 295  (1st Cir.1995).

In re Nineteen Appeals Arising Out of San Juan Dupont Plaza Hotel Fire Litigation, 982 F.2d 603 (1st Cir. 1992).

District Court

Expert appointed by the district court to assist the Special Master in
             
McLendon v. Continental Group, Inc., 802 F.Supp. 1216 (D.N.J. 1992).