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Winter 2012 Faculty Activities

Bruce Ackerman

publications

The Decline and Fall of the American Republic: Obama’s Libyan Intervention, Max Weber Lecture, European University Institute, May 2011

Democratizing Wall Street? (with A. Alstott), Huffington Post, Oct. 12, 2011

Obama’s Death Panels, Foreign Policy, Oct. 7, 2011

Class Warfare? (with A. Alstott), Huffington Post, Sept. 27, 2011

Why (and How) To Tax the Super-Rich, L.A. Times, Sept. 20, 2011 (with A. Alstott)

Mission Accomplished. Finally., Foreign Policy, Sept. 7, 2011

Crisis, What Crisis?, Slate, July 29, 2011

Obama’s Flawed Legal Reasoning and How to Fix It,
The Daily Beast, June 28, 2011

Legal Acrobatics, Illegal War, N.Y. Times, June 21, 2011

How to Resolve the War Powers Impasse (with
O. Hathaway), Guardian, June 3, 2011

Obama’s Illegal War (with O. Hathaway), Foreign Policy, June 1, 2011

Death of the War Powers Act? (with O. Hathaway), Wash. Post, May 17, 2011

The World After Bin-Laden (with O. Hathaway), Wash. Post, May 3, 2011

Private Manning’s Humiliation (with Y. Benkler),
The New York Review of Books, April 28, 2011

Bradley Manning’s Inhumane Treatment (with
Y. Benkler), Guardian, April 11, 2011

Anne L. Alstott

publications

Why (and How) to Tax the Super-Rich (with
B. Ackerman), L.A.Times, Sept. 20, 2011

Class Warfare? (with B. Ackerman), Huffington Post, Sept. 27, 2011

Democratizing Wall Street? (with B. Ackerman), Huffington Post, Oct. 12, 2011

Ian Ayres

lectures and addresses

• “Retrospective on Ayres & Braithwaite’s Responsive Regulation,” Law and Society Meetings, June 3, 2011

• “Buying Stock on Margin Can Reduce Risk,” Western Ontario School of Law, Sept. 23, 2011

• “An Economic Theory of Altering Rules,” Loyola, Sept. 19, 2011

• “An Economic Theory of Altering Rules,” University of Connecticut School of Law, Oct. 12, 2011

publications

• How to Hire A Federal Watchdog, Wash. Post, June 23, 2011

• Meador Lecture: Using Commitment Contracts to Further Ex Ante Freedoms: The Twin Problems of Substitution and Ego Depletion, 62 Ala. L. Rev. 811 (2011)

• The Erasure of the Affirmative Action Debate in the Age of Obama, in The Obamas and a (Post) Racial America (G. Parks & M. Hughey eds., Oxford University Press, 2011)

Jack M. Balkin

lectures and addresses

• Conference on Constitutional Faith and Constitutional Redemption, University of Texas School of Law, Oct. 21, 2011, “Sanford Levinson’s Constitutional Faith”

• Yale Publishing Course, July 13, 2011, “WikiLeaks and
The Freedom of the Press”

• American Constitution Society Conference, Washington, DC, June 17, 2011, “Reproductive Freedom”

• University of Chicago Constitutional Law Colloquium, May 5, 2011, “Constitutional Redemption”

publications

• Constitutional Redemption: Political Faith in an Unjust World (Harvard University Press, 2011)

Robert A. Burt

publications

• Belonging in America: How to Understand Same-Sex Marriage, 25 BYU J. Pub. L. 351-60 (2011)

other professional highlights

• Elected Member, Board of Directors, Western New England Psychoanalytic Institute

Guido Calabresi

lectures and addresses

• Commencement Talk at Yale Law School, New Haven, CT, May 23, 2011 (remarks videotaped on June 1, 2011, due to inclement weather)

• Commencement Talk at St. John’s University School of Law, Queens, NY, June 5, 2011

• The 2011 Cambridge Lectures with the Canadian Institute for Legal Studies, Cambridge, England,
July 12, 2011

• “Welcome” to Graduate Program and Visiting Researchers Orientation, Yale Law School, New Haven, CT, Sept. 2, 2011

• International Conference for the Unification of Italy and American Independence, at The Italian Cultural Institute, in collaboration with The Guido Carli School of Government of LUISS in Rome; introduced the Third Session of the Conference, New York, NY, Sept. 20, 2011

other professional highlights

• Honorary Doctor of Laws, St. John’s University, Queens, NY, June 5, 2011

Amy Chua

lectures and addresses

• Keynote Address, China Times, Beijing and Shanghai, China, June 2011

• Address, Concordia Academy, Bronxville, NY, Sept. 15, 2011

• “Battle Hymn of the Tiger Mother,” National Book Festival, DC, Sept. 23, 2011

• “Generational Decline and the Rise and Fall of Empires,” Address to Annual Conference of McKinsey Directors, Istanbul, Turkey, Oct. 5, 2011

• Keynote Address, World Knowledge Forum, Seoul, Korea, Oct. 13, 2011

• Address, Society of the Performing Arts, Houston, TX, Oct. 26, 2011

other professional highlights

• Named one of Foreign Policy Magazine’s Top 100 Global Thinkers of 2011

Jules L. Coleman

publications

• The Architecture of Jurisprudence, 121 Yale L.J. 2 (2011)

other professional highlights

• Honorary Degree from Stetson University Law School; Commencement speaker

Dennis E. Curtis

lectures and addresses

• Speaker: “Inventing Democratic Courts,” European University Institute, Florence, Italy, May 2, 2011 (with Judith Resnik)

• Speaker: “Representing Justice: The Changing Contours of the Ideologies and Iconographies of Justice,” Scuola Superiore Sant’Anna, Pisa, Italy, May 5, 2011 (with Judith Resnik)

• Speaker: “Inventing Democratic Courts,” LUISS University, Rome, Italy, May 10, 2011 (with Judith Resnik)

• Speaker: “Inventing Democratic Courts: Art, Architecture and Justice,” John Joseph Moakley Courthouse, Boston, MA, June 2, 2011 (with Judith Resnik)

• Speaker: “Author Meets Reader—Representing Justice,” The Law and Society Association, San Francisco, CA, June 4 (with Judith Resnik)

• Speaker: “Identity, Politics, and Rights in the Arts and Practices of Justice,” Art & Law Residency Program, Volunteer Lawyers for the Arts, Morrison and Foerster, New York, NY, June 15, 2011 (with Judith Resnik)

• Speaker: “Identity, Politics, and Rights in the Arts and Practices of Justice,” 16th Annual International Festival of Arts and Ideas, New Haven, CT, June 22, 2011 (with Judith Resnik)

• Speaker: “Inventing Democratic Courts: A Multi-Jurisdictional, Trans-Temporal Narrative,” Connecticut Bar Association Annual Meeting, Hartford, CT, June 23, 2011 (with Judith Resnik)

• Plenary Speaker: “Representing Justice: Art, Architecture, and the Invention of Democratic Courts,” American Judges Association, San Diego, CA, Sept. 12, 2011 (with Judith Resnik)

other professional highlights

• Commentator: “Justice and the Courts,” Where We Live (WNPR), May 25, 2011 (with Judith Resnik), available at yourpublicmedia.org

• Appointed member of Panel, Federal Bar Ethics Committee, D. Connecticut

Drew S. Days III

lectures and addresses

• Lecture, Annual Luncheon Honoring the Federal Judiciary by the Federal Bar Association, “When the President says, ‘No,’” Atlanta, GA, June 7, 2011

• Panelist, American Bar Association 2011 Annual Meeting, “Our Highest Courts: A Comparison of the Canadian and U.S. Supreme Courts,” Toronto, Canada, Aug. 5, 2011

• Panelist, American Bar Association 2011 Annual Meeting, “The Roberts Court: Three Women, Year Five and More,” Toronto, Canada, Aug. 5, 2011

• Lecture, The Benchers, “When the President says ‘No’”: Executive Branch Non-Defense of Statutes, New Haven, CT, Sept. 22, 2011

Robert C. Ellickson

lectures and addresses

• “A Review of Legal Scholarship on Informal Order, with a Focus on the Roles of Private Associations,” Workshop Conference on Endogenous Institutional Change, School of Economics and Management, Lund University, Sweden

• “The Costs of Complex Land Titles: Two Examples from China,” 8th Annual Brigham-Kanner Property Rights Conference, Tsinghua University Law School, Beijing, China

• “Legal Sources of Residential Lock-Ins: Why French Households Move Half as Often as American Households,” Ph.D. in Law Seminar, Sciences-Po Law School, Paris, France

publication

• Two Cheers for the Bundle-of-Sticks Metaphor, Three Cheers for Merrill and Smith, in Symposium: Property: A Bundle of Rights?” 8 Econ J. Watch 215 (2011), available at econwatch.org

William N. Eskridge, Jr.

lectures and addresses

• “Children and the Law: A Conversation with Justice Sonia Sotomayor,” D.C. Court of Appeals Building, Washington, DC, Oct. 26, 2011

• “An Administrative Law Analysis of the D.C. Circuit’s Business Roundtable Decision,” Yale Law School Corporate Law Center Program, New York City, Oct. 6, 2011

• “Families We Choose: Developments in Family Law Affecting LGBT Citizens,” Lavender Law Plenary Session, Los Angeles, Sept. 10, 2011

• “Introduction to Statutory Interpretation,” Institute for Judicial Administration, New York City, July 14, 2011

• Eulogy for Dr. Franklin Kameny, “The River That Does Not Lose Its Name,” U.S. House of Representatives, Washington, DC, Nov. 15, 2011

publications

• Statutory Interpretation Stories (Foundation, 2011) (co-editor, with P.P. Frickey & E. Garrett)

• Documentary Supplement to Cases and Materials on Legislation (West, 2011) (co-editor with J.J. Brudney)

• Conference Paper, Families We Choose: Same-Sex Marriage and Family Law, as Understood through the Prism of Menus, Default Rules, and Override Rules, 1911–2011, Georgetown Law Journal Centennial Celebration, Washington, DC, Nov. 17, 2011

Daniel C. Esty

lectures and addresses

• Financial Times’ Investing in a Sustainable Future, New York City, “Keynote Interview,” March 9, 2011

• U.S. Business Council for Sustainable Development Spring Meeting, Detroit, MI, “Opening Keynote,” June 6, 2011

• New York Forum, “The Sustainability Agenda,”
June 20, 2011

• Cleveland Town Hall, Cleveland, OH, “Green to Gold,” Oct. 3, 2011

other professional highlights

• Appointed as Connecticut Commissioner of Energy and Environmental Protection by Governor Dannel P. Malloy, March 2011

Owen M. Fiss

lectures and addresses

• “A Confession,” delivered at Commencement Ceremonies, Yale Law School, May 23, 2011

• “Agradecimientos en la ocasión del Honoris Causa conferido por la Universidad de Buenos Aires,” speech delivered in Spanish in acceptance of honorary doctorate from the University of Buenos Aires in Argentina, Oct. 7, 2011

• “The Democratic Mission of the University,” Inaugural Lecture for the Carlos Nino Lecture Series, University of Buenos Aires, Oct. 7, 2011

publications

• A Predicament of His Own Making, Boston Review (online), May 3, 2011

• A Confession, 58 Yale Law Report 52 (2011)

• Prologue, El Derecho frente a la pobreza (Pedro P. Grández Castro ed.), Palestra Editores, Lima, Peru, 2011, pp 17–23 (in Spanish)

• Las acciones afirmativas como una estrategia de la justicia, El Derecho frente a la pobreza (Pedro P. Grández Castro ed.), Palestra Editores, Lima, Peru, 2011, pp 23–27 (in Spanish)

• Aberrations No More, Utah L. Rev., vol. 2010, no. 4, p. 1085

• The World We Live In, Temple L. Rev., vol. 83, no. 2, p. 295

• The Dictates of Justice: Essays on Law and Human Rights, Republic of Letters, Dordrecht (2011)

other professional highlights

• Honorary doctorate from the University of Buenos Aires, Argentina, Oct. 7, 2011

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

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

• Member of Advisory Selection Committee, Fellowship Program, Open Society Foundation, NYC

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

• Board of Directors, Iraqi Refugee Assistance Project, NYC

Heather K. Gerken

lectures and addresses

• “Voice, Exit, and Disloyalty,” Faculty Workshop, George Washington School of Law at American University, Oct. 2011

• “American Institutions and a Civil Society,” American Academy of Arts and Sciences, Cambridge, MA,
Oct. 2011

• Testimony, Connecticut Elections Performance Task Force, Hartford, CT, Sept. 2011

• “Review of the Major Supreme Court Decisions of the October Term, 2010,” Judicial Conference of the Fourth Circuit, June 2011

• “Using Indices to Jumpstart Reform,” Transparency 2011, Springboard to Action, National Institute on Money in State Politics, Bigfork, Montana, June 2011

publications

• Keynote Address: Lobbying as the New Campaign Finance, 27 Georgia St. L. Rev. 1155 (2011)

• No Middle Ground, N.Y. Times Online, June 27, 2011

other professional highlights

• Chosen as the Order of the Coif Distinguished Visitor 2011

• Senior Adviser, Obama for America Reelection,
2011–2012; member of the National Election Protection Team

• Member, Connecticut Elections Performance Task Force

David Singh Grewal

lectures and addresses

• “Network Power and Global Justice,” Yale World Fellows Program, Yale University, New Haven, CT,
Oct. 17, 2011

• “Globalization: Problems and Potentials,” Schemel Forum, University of Scranton, Scranton, Pennsylvania, Sept. 17, 2011

other professional highlights

• Helped draft the Biobrick Public Agreement, a new legal tool to enable sharing of standardized biological parts, which was released at S.B. 5.0: The Fifth International Conference on Synthetic Biology, Stanford University, June 15-17, 2001

Henry Hansmann

lectures and addresses

• “The Role of Law in the Organization of Enterprise,” Federal University of Rio Grande dol Sud in Porto Alegre, Brazil (May 6, 2011) and at the Getulio Vargas Foundation in both Sao Paolo (May 8) and Rio de Janeiro (May 10)

• Presented papers on “Virtual Ownership and Managerial Distance: The Governance of Industrial Foundations “and “Voting Restrictions in 19th Century Corporations: Investor Protection or Consumer Protection?,” Annual Meeting of the American Law and Economics Association, New York, May 20–21, 2011

• Presented a paper on “The Evolving Economic Structure of Higher Education” at conference on “Understanding Education in the United States: Its Legal and Social Implications,” University of Chicago, June 17–18, 2011

• Delivered a talk on “Firm Ownership and Legal Entities: The Legacy of Grossman and Hart,” Conference on “Grossman and Hart at 25,” Brussels, June 24–26, 2011

• Presented paper on “Virtual Ownership and Managerial Distance: The Governance of Industrial Foundations,” Annual Meeting of the Comparative Law and Economics Forum, Oxford, July 1–2, 2011

• Panelist at UCLA/Aspen conference on “Rethinking ‘Shareholder Value’ and the Purpose of the Firm,” UCLA School of Law, Sept. 29–30, 2011

other professional highlights

• Appointed Oscar M. Ruebhausen Professor of Law,
July 1, 2011

Oona A. Hathaway

lectures and addresses

• Stanford Law School, “Do International Bodies Undermine Sovereignty?” Constitution in the World Conference, Oct. 28, 2011

• Yale Law School 1L Orientation, Introduction to Transnational Law, Sept. 1, 2011

• Branford College, Yale University, Fellows Dinner, discussing current events in Libya, Sept. 15, 2011

• WWRL Morning Show with Mark Riley, discussing U.S. military action in Libya, June 8, 2011

• MSNBC, Interview on Libya and the War Powers Resolution, available at tveyes.com

• Sirius XM, Stand Up with Pete Dominick, Interview on the War Powers Act and Libya, May 23, 2011

• KCBS Radio, San Francisco, CA, Interview on the War Powers Act and Libya, May 20, 2011

• RTTV, Washington, DC (via video link), interview on Libya and the War Powers Resolution, May 2011

• Columbia Law School Legal Theory Workshop, New York, NY, “Outcasting” (with S. Shapiro), April 2011

• American Bar Association, Ratification of the Convention on the Elimination of all Forms of Discrimination Against Women: Politics, Principles, or Treaty Phobia?, Washington, DC, “The Legal Challenges of Treaty Ratification,” April 2011

• International Law/International Relations Stocktaking Conference, University of Pennsylvania School of Law, “The Realist Tradition,” April 2011

publications

• Outcasting: Enforcement in Domestic and International Law, Yale L.J. (2011) (with S. Shapiro)

• Human Rights Abroad: When Do Human Rights Treaty Obligations Apply Extraterritorially?, Ariz. St. L.J. (2011) (with P, Levitz, E. Nielsen, A. Nowlan, W. Perdue, C. Purvis, S. Solow & J. Spiegel)

• International Law at Home, Yale J. Int’l L. (2011) (with S. Solow and S. McElroy)

• Limited War and the Constitution, Mich. L Rev. (2011) (with B. Ackerman)

other professional highlights

• Nominated to the Executive Council, American Society of International Law

• Appointed Professor (by courtesy), Yale University Department of Political Science, New Haven, CT

• Re-Appointed Professor of International and Area Studies, Yale University MacMillan Center, New Haven, CT

• Appointed Fellow, Berkeley College, Yale University

Paul W. Kahn

lectures and addresses

• University of Quebec in Montreal: “Keynote address: Opening a Space for the Study of Constitutional Culture”

• Rievendell Institute Faculty Forum at Yale: “The Problem of Evil”

• Hebrew University, Jerusalem, “A Response to Critics of Political Theology”

• Political Theory Workshop, Yale, “Constitutional Culture: Opening the Space Between Law and Power”

Participant:

• Hartman Institute Philosophy Conference on Peoplehood (Jerusalem)

• Comparative Constitutional Cultures Conference, Quebec

• Conference on Political Theology: Four New Chapters on the Concept of Sovereignty, Jerusalem

• Discussion of Political Theology: Four New Chapters on the Concept of Sovereignty, discussion on
“The Immanent Frame” SSRC blog

publications

• Torture and the Dream of Reason, Social Research, vol. 78: No. 3 (Fall 2011)

On Political Theology, in The Art of Theory

other professional highlights:

• Interview in Rorotoko, discussing Political Theology

S. Blair Kauffman

lectures and addresses

• Chinese and American Forum on Legal Information and Law Libraries: “Strategic Planning as a Tool for Library Leadership,” July 2011

publications

Information Literacy in Law: Starting Points for Improving Legal Research Competencies, 38 Int’l J. Legal Info. 339 (2010)

other professional highlights

• Georgetown University Law Center, Member of the ABA site inspection team for law school reaccreditation, March 2011

• Notre Dame Law School, Review of law library administration and organizational structure, July 2011

Douglas Kysar

lectures and addresses

• “Prods and Pleas: Limited Government in an Era of Unlimited Harm,” New Thinking in Climate Change Law and Policy Works-in-Progress Seminar, University of Colorado Law School, Boulder, Colorado, Aug. 11-13, 2011

publications

• Prods and Pleas: Limited Government in an Era of Unlimited Harm, 121 Yale L.J. 350 (2011) (with B. Ewing)

• The Missing Market Instrument: Environmental Assurance Bonds and Nanotechnology Regulation, in The Nanotechnology Challenge (D. Dana ed., Cambridge University Press, 2011)

John H. Langbein

public service

• Connecticut Commissioner of the National Conference of Commissioners on Uniform State Laws

• American Law Institute: Associate Reporter, Restatement (Third) of Property: Wills and Other Donative Transfers

lectures and addresses

• Spoke on “The Disappearance of Civil Trial in the United States: How It Happened, Is It Convergence?” at conference on “Truth and Efficiency in Judicial Proceedings,” Inter-University Center, Dubrovnik, Croatia, May 23, 2011

• Spoke on “Fiduciary Implications of Public Pension Plan Administration,” at Hoover Institution, Stanford University, Symposium on State and Municipal Fiscal Default, June 15-16, 2011

Jonathan R. Macey

lectures and addresses

• Hoover Institution, Stanford University, Address to Property Rights Task Force, “Regulation by Assimilation: From Credit Ratings to Value at Risk Models”

• Presentation to Yale Law School Faculty Workshop, “Regulation by Assimilation: From Credit Ratings to Value at Risk Models”

• Address to Yale School of Management J.P. Morgan Fellows on the Future of the Dodd-Frank Wall Street Reform and Consumer Protection Act

• The Leader’s Council, University Club, NY, “Global Finance”

• Address to Yale-China Program for Visiting Senior Chinese Banking Regulators, “The Costs and Benefits of the Dodd-Frank Wall Street Reform and Consumer Protection Act”

• Practicing Law Institute, “Ethics in Banking and Financial Services”

• Yale Center for the Study of Corporate Law Breakfast Series at the Century Association of New York, “Business Roundtable v. SEC: The Future of Dodd-Frank and the Rulemaking Process”

• Hugo Black Lecture, the University of Alabama Law School, “The Real Cause of the Financial Crisis”

publications

• Failure is an Option: An Ersatz-Antitrust Approach to Financial Regulation, 120 Yale L.J. 1368 (2011)

• How Big Banks Fail and What to Do about It, 49 J. Econ.Literature 750 (2011) (review essay)

• Macey on Corporate Law, (2-volume treatise), Wolters Kluwer Law & Business, 2011

• Yale Law School VIMEO, “Professor Jon Macey Discusses Insider Trading and the Competing Views of the SEC and the U.S. Supreme Court

• Buffett BofA Buy No Seal of Approval, Politico.com, Aug. 28, 2011

• Will Court Short-Circuit Dodd-Frank, Politico.com, (with E. Buckberg and J. Overdahl) Aug. 16, 2011

• Reform Still Lets Banks Play Roulette, Politico.com, May 5, 2011

• Deconstructing the Galleon Insider Trading Trial, Wall St. J., April 19, 2011

other professional highlights

• Economic Advisory Board, Financial Industry Regulatory Authority (“FINRA”)

• Hoover Institution, Stanford University, Visiting Fellow and Member, Task Force on Property Rights

• Chair, Yale University Advisory Committee on Investor Responsibility

Daniel Markovits

lectures and addresses

• SELA (Seminario en Latinoamérica de Teoría Constitucional y Política), Chile, commentator on “The Limits of Criminal Law”

• Universidad Alberto Hurtado, Santiago, Chile, “Can there be a Global Demos?”

• Museum for Jewish Heritage, New York, NY, Professional Ethics and the Holocaust Working Group, discussion of A Modern Legal Ethics

• Contract Theory Workshop, Georgetown University School of Law, “A New Theory of the Firm”

• Symposium in honor of the 30th Anniversary of the Publication of Contract as Promise, Suffolk University School of Law, “The Expectation Remedy and the Promissory Basis of Contract” (with A. Schwartz)

• Georgetown University Philosophy and Law Workshop, “Promise as an Arm’s Length Relation”

• Museum for Jewish Heritage, New York, NY, Professional Ethics and the Holocaust Working Group, “The Obligations of (Government) Lawyers”

• Yale Law School Law and Religion Series, “Democracy, Diversity, and Disagreement: Stanley Fish v. Daniel Markovits”

• Contract Theory Workshop, Georgetown University School of Law, “Price as Commensuration, Contract as Integration”

• American Constitution Society (Yale Law School Chapter), moderator for panel discussion of the debt ceiling and the poor

• LAPA Seminar, Princeton University, “Toleration as Respect”

• Harvard Law Review Symposium, Harvard Law School, moderator on “Remedies and the New Private Law”

• University of Pennsylvania Legal Studies Seminar, “Market Solidarity”

publications

• Promise as an Arm’s Length Relation, in Promises and Agreements: Philosophical Essays (Oxford, 2010)

• Arbitration’s Arbitrage: Social Solidarity at the Nexus of Adjudication and Contract, 59 DePaul L. Rev. 431 (2010) (Clifford Symposium on Social Justice)

• How (and How Not) to do Legal Ethics, 23 Geo. J. Legal Ethics 1041 (2010)

• Three Issues in Legal Ethics, 60 U. Toronto L. Rev. 1003 (2010)

• Legal Ethics Rebound, 12 Legal Ethics 261 (2010)

• Not Morality at All, and Certainly Not Morality as Regulative Ideal, 13 Legal Ethics(2010) (Forum on Philosophical Legal Ethics: Ethics, Morals, and Jurisprudence from the panel on jurisprudence of legal ethics at the fourth International Legal Ethics Congress)

• A Giving Pledge for the Common Citizen, L.A. Times,
Dec. 30, 2010 (With J. Hacker)

• How the GOP Lost on the Debt Deal, L.A. Times, Aug. 2, 2011

Nicholas R. Parrillo

lectures and addresses

• “Against the Profit Motive: The Transformation of American Government, 1780-1940,” given at Stanford Legal Studies Workshop, April 21, 2011; Princeton Law and Public Affairs Workshop, May 2, 2011; Tel Aviv University Law and History Workshop, May 15, 2011

Robert C. Post

lectures and addresses

• Presented a paper on “A First Amendment Jurisprudence for the Modern State: Democracy, Expertise, and Academic Freedom,” Harvard Law School Public Law Workshop, April 6, 2011

• Keynote Address, Conference on Constitutional Revolutions and Counter-Revolutions, “Constitutional Revolutions and Democratic Constitutionalism,” New School, New York, NY, May 6, 2011

• “The Humanities Under Threat,” British Academy, London, UK, July 20, 2011

• “Threats from Libel Laws,” Faculty of Law, Cambridge University, July 22, 2011

• “Threats to Academic Freedom,” Trinity College, Cambridge, University, July 23, 2011

• Lloyd Cutler Distinguished Visitor, American Academy in Berlin, “Knowledge and Governmentality,” Oct. 12, 2011

• Humboldt University, Berlin, “Conceptualizing the Law/Politics Distinction,” Oct. 13, 2011

• Ministry of Justice, Berlin, Germany, “The Idea of the People in American Constitutional Law,” Oct. 13, 2011

publications

• Participatory Democracy as a Theory of Free Speech,
97 Va. L. Rev. 477 (2011)

• Participatory Democracy as a Theory of Free Speech:
A Reply,
97 Va. L. Rev 617 (2011)

other professional highlights

• Elected a Fellow of the American Philosophical Society

George Priest

lectures and addresses

• Moderator, “Antitrust,” American Law and Economics Association

• “Rethinking the Economic Basis of the Standard Oil Monopoly: Dominance Against Competing Cartels,” 100 Years of Standard Oil, George Washington University Law School

• SELA 2011 Conference, San Jose, Costa Rica

• Kauffman Foundation, “Law and Economics 3.0,” Boston, MA

• Kauffman Foundation, “Law and Economics 3.0,” Stanford Law School, Palo Alto, CA

• American Enterprise Institute, Council of Academic Advisers, Washington, DC

• Moot Camp, Yale Law School

• Capitalism, “The Curious Treatment of Capitalism in Legal Education,” Wellesley College

publications

• Washington’s Antitrust Timewarp, Wall St. J., Sept. 6, 2011, at A21

• Will Mexico Harm its Citizens by Departing From Established Antitrust Policy?, Forbes Blogs, Oct. 2, 2011

• Rethinking the Economic Basis of the Standard Oil Refining Monopoly: Dominance Against Competing Cartels, forthcoming in S. Cal. L. Rev.

• The Curious Treatment of Capitalism in Legal Education, forthcoming in Society

W. Michael Reisman

publications

• Provisional Application of Treaties in International Law: The Energy Charter Treaty Awards, with M. H. Arsanjani, in The Law of Treaties Beyond the Vienna Convention 86 (E. Cannizzaro ed., 2011)

• Investment and Human Rights Tribunals as Courts of Last Appeal in International Commercial Arbitration, in Liber Amicorum en l’honneur de Serge Lazareff, 521 (A. Pedone, 2011)

• Foreword: Veritas vos liberabit, in Participants in the International Legal System: Multiple Perspectives on Non-State Actors in International Law, p. xxxv (J. d’Aspremont ed., 2011)

• In Personal Performance Codes, One Size Doesn’t Fit All: Clarifying the Professional and Ethical Responsibilities of Decision Makers, with A. R. Willard, in Asia Pac. L. Rev., p. 1, Vol. 19:1 (2011)

• What Constitutes an Investment and Who Decides?, with A. Vinnik, in Contemporary Issues in International Arbitration and Mediation, The Fordham Papers 2010, 50 (Rovine ed., 2011)

• Foreword, in E. Louka, Nuclear Weapons, Justice and the Law, p. vii (2011)

other professional highlights

• Honorary Professor in City University of Hong Kong, May 1, 2008 to April 30, 2014 (extended to 2014)

other activities

• Attended the Institut de droit international (IDI) 10th Commission, Sub-Group D Meeting in Paris, May 6-7, 2011

• Delivered a paper entitled “Tribunals and Courts: An Interpretation of the Architecture of International Commercial Arbitration” for a panel entitled “The Present: Commercial Arbitration as a Transnational System of Justice?” at the ICCA 50th Anniversary Conference entitled “Arbitration and ICCA: The Next 50 Years,” Geneva, Switzerland, May 20, 2011

• Spoke on panel “Revolution, Intervention, and Transition to Democracy in the Middle East,” at the Advisory Committee on International Law Department of State Meeting, June 6, 2011, Washington, DC

• Participated in the 75th Session of the Institut de droit international Meetings in Rhodes, Greece, Sept. 2–10, 2011

• Attended the American Law Institute International Commercial Arbitration—Advisers Meeting on ALI Restatement Third, The U.S. Law of International Commercial Arbitration in Philadelphia, PA, Sept. 23, 2011

• Delivered the Geneva Master in International Dispute Settlement (MIDS) Annual Opening Lecture entitled “The Diversity of Contemporary International Arbitration: Functions and Policies” for the Graduate Institute of International and Development Studies (IHEID) and Geneva University Law Faculty, Geneva, Sept. 29, 2011

• Delivered Inaugural Address and was a panelist in Session IV with paper entitled “Using Multiple Incompatible Futures as a Decision Technique” at The 3rd International Conference on The New Haven School entitled “Contemporary Legal Problems from a New Haven Perspective” sponsored by Yale Law School and City University of Hong Kong, Hong Kong, Oct. 7–8, 2011

• Discussant in a panel entitled “Problem-oriented demonstrations of policy-oriented jurisprudence” at the 2011 Policy Sciences Annual Institute, Yale Law School, Oct. 13–15, 2011

Judith Resnik

lectures and addresses

• Discussant: “State Court Leadership and the Academy: Shared Responsibility,” Executive Session—State Courts in the 21st Century, at the Kennedy School, Harvard University, Cambridge, MA, April 16, 2011

• Speaker: “Inventing Democratic Courts,” European University Institute, Florence, Italy, May 2, 2011 (with Dennis Curtis)

• Speaker: “Representing Justice: The Changing Contours of the Ideologies and Iconographies of Justice,” Scuola Superiore Sant’Anna, Pisa, Italy, May 5, 2011 (with Dennis Curtis)

• Speaker: “Detention, Supermax, and Human Rights,” Scuola Superiore Sant’Anna, Pisa, Italy, May 9, 2011

• Speaker: “Inventing Democratic Courts,” LUISS University, Rome, Italy, May 10, 2011 (with Dennis Curtis)

• Speaker: “Inventing Democratic Courts: Art, Architecture and Justice,” John Joseph Moakley Courthouse, Boston, MA, June 2, 2011 (with Dennis Curtis)

• Speaker: “Author Meets Reader—Representing Justice,” The Law and Society Association, San Francisco, CA, June 4, 2011

• Speaker: “Identity, Politics, and Rights in the Arts and Practices of Justice,” Art & Law Residency Program, Volunteer Lawyers for the Arts, session held at Morrison and Foerster, New York, NY, June 15, 2011 (with Dennis Curtis)

• Moderator: “Meanings and Contexts of Gender Equality,” Association of American Law Schools, Workshop on Women Rethinking Equality, Washington, DC, June 21, 2011

• Speaker: “Identity, Politics, and Rights in the Arts and Practices of Justice,” 16th Annual International Festival of Arts and Ideas, New Haven, CT, June 22, 2011 (with Dennis Curtis)

• Speaker: “Inventing Democratic Courts: A Multi-Jurisdictional, Trans-Temporal Narrative,” Connecticut Bar Association Annual Meeting, Hartford, CT, June 23, 2011 (with Dennis Curtis)

• Panelist: “The Federal Courts in 2031—Making the Future Happen,” Ninth Circuit Judicial Conference, Carlsbad, CA, Aug. 18, 2011

• Presenter: As an “advocate” for Myra Bradwell in Bradwell v. Illinois: A Reeanactment, Ninth Circuit Judicial Conference, Carlsbad, CA, Aug. 18, 2011

• Panelist: “Nomos: Federalism and Subsidiarity: The City and Subsidiarity,” The American Political Science Association, Seattle, WA, Sept. 3, 2011

• Plenary Speaker: “Representing Justice: Art, Architecture, and the Invention of Democratic Courts,” American Judges Association, San Diego, CA, Sept. 12, 2011 (with Dennis Curtis)

• Panelist: “Sex, Power and Speaking Truth: Anita Hill 20 Years Later,” Hunter College, New York, NY, Oct. 15, 2011

publications

• Changing the Climate: The Role of Translocal Organizations of Government Actors (TOGAS) in American Federalism(s), in Navigating Climate Change Policy: The Opportunities of Federalism (eds. Edella C. Schlager and Sally Rider, University of Arizona Press, 2011 ) (with Joshua Civin and Joseph Frueh)

• Bring Back Bentham: “Open Courts,” “Terror Trials,” and Public Sphere(s), 5 Law & Ethics of Human Rights 226 (2011)

• The Production and Reproduction of Constitutional Norms, 35 N.Y.U. Rev. L. & Soc. Change 226 (2011)

other professional highlights

• Commentator: “Justice and the Courts,” Where We Live (WNPR), May 25, 2011 (with Dennis Curtis), available at yourpublicmedia.org

• Migrations and Mobilities: Citizenship, Borders, and Gender (co-edited with Seyla Benhabib), selected as Outstanding Academic Titles, by Choice: 2010

Roberta Romano

lectures and addresses

• Columbia Law School Corporate Law Reading Group, “For Diversity in the International Regulation of Financial Institutions”

• University of Auckland Faculty of Law, “Financial Executives’ Compensation After the Global Financial Crisis”

• Chapman Tripp, Auckland, “For Diversity in the International Regulation of Financial Institutions”

• Paris Sorbonne/ETH Zurich Paris Workshop and Lecture Series in Law & Finance, Workshop, “For Diversity in the International Regulation of Financial Institutions,” and Lecture,“The Sarbanes-Oxley Act:
A Critical Appraisal”

• Association of American Law Schools Workshop on Women Rethinking Equality, Plenary Panel on “Women as Scholars”

• NBER Summer Institute 2011 Law and Economics Workshop, Discussant of Kim and Yang, “Beating the Target: A Closer Look at Annual Incentive Plans”

• Bucerius Law School, Hamburg, Germany, Lectures on “Applied Corporate Finance: Law and Finance of Debt Instruments”

• Fordham Law School Faculty Workshop, “For Diversity in the International Regulation of Financial Institutions: Rethinking the Basel Architecture”

• Dalhousie University Schulich School of Law, Halifax, Canada, Osler, Hoskin and Harcourt Business Law Lecture, “For Diversity in the International Regulation of Financial Institutions: Rethinking the Basel Architecture”

• University of Pennsylvania Program on Regulation Workshop on Regulatory Breakdown? The Crisis of Confidence in U.S. Regulation, “Regulating in the Dark”

• Aspen Institute-UCLA Roundtable on Rethinking Shareholder Primacy and the Purpose of the Firm, Provacateur, “Measuring Effective Governance and Corporate Performance”

publications

• Institutional Investors and Proxy Voting on Compensation Plans: The Impact of the 2003 Mutual Fund Voting Disclosure Regulation (with M. Cremers), 13 Am. L. & Econ. Rev. 220 (2011)

• Against Financial Regulation Harmonization:
A Comment, in
P. Nobel, K. Krehan & A. Tanner eds., Law and Economics of Global Financial Institutions, Third International Conference on Law and Economics (Schulthess 2010)

• Judicial Decisions and Financial Innovation: An Example from Protective Covenants in Debt Contracts, 4 Sec. L. Rev. 404 (2011), a publication of the Shanghai Stock Exchange (translated by Prof. Chen Yangyang)

Carol M. Rose

lectures and addresses

• “Technological Innovations and Legal Orderings,” Seminario en Latinoamérica de Teoría Constitucional y Política (SELA), San Jose, Costa Rica, June 11, 2011

• “Enlisting Market Forces in Service to the Environment: The Optimists vs. the Pessimists,” Public Lecture, Victoria University of Wellington Faculty of Law, New Zealand Centre of International Economic Law, Wellington, New Zealand, Aug. 11, 2011

• “Commons, Bounded and Unbounded,” commenting on Yochai Benkler, Between Spanish Huertas and the Open Road: A Tale of Two Commons, at Convening Cultural Commons conference, New York University Law School, Sept. 23, 2011

• “Hopes and Fears for Property Rights and the Environment,” 8th Annual Brigham Canner Property Rights Conference, Beijing, China, Oct. 15, 2011

other professional highlights

• Cameron Fellow, University of Auckland Faculty of Law, Auckland, New Zealand, July 18–Aug. 10, 2011, giving the following presentations:

• The Psychology of Property, Faculty Workshop, July 28, 2011

• Science and Environmental Ethics, Environmental Law Society, Aug. 2, 2011

• Property and the Conservation of Nature, Public Lecture, Aug. 4, 2011

• Race and Property, USA, combined Legal History and Constitutional Law Seminars, Aug. 8, 2011

Susan Rose-Ackerman

lectures and addresses

• Organized a workshop with Paul Carrington, professor emeritus at Duke Law School, “Anti-Corruption Policy: Can International Actors Play a Constructive Role,” Rockefeller Foundation Conference Center, Bellagio, Italy, June

• Presentation on same topic to staff concerned with anti-corruption at the Organization for Economic Cooperation and Development, Paris

• Lecture on “Corruption and Development” at CIDE, Mexico City, June

• “Proportionality, Precaution, and Cost-Benefit Analysis: False Analogies,” presented to conference on Proportionality in Theory and Practice at Cardozo Law School

• “Corruption and Conflicts of Interest” presented at workshop at School of Law, Sciences Po, September

• Presentation at book launch event for Federico Varese, Mafias on the Move, and Heather Hamill, The Hoods: Crime and Punishment in Belfast, Oxford University, Oxford, UK

• Presentation and discussion with Transparency-UK concerning Project on Corruption in Defense and Security

publication

• Policymaking Accountability: Parliamentary versus Presidential Systems, in D. Levi-Faur ed., Handbook on the Politics of Regulation, Cheltenham UK (Edward Elgar, 2011)

other professional highlights

• Visiting researcher at Center for European Studies, Sciences Po, Paris, fall 2011

Peter H. Schuck

lectures and addresses

• Faculty workshop, Brooklyn Law School, on deportation of criminal aliens

• Council of Scientific Society Presidents, Washington, DC, on high-skill immigration

• Kauffman Foundation Summer Law Institute, Laguna Niguel, CA, on health care regulation and innovation

• Global Constitutionalism Seminar, Yale Law School, on citizenship

• Faculty workshop, Temple Law School, Philadelphia, on suing government lawyers advising on anti-terrorism decisions

• Debate at Federalism Society, Yale Law School, on constitutionality of state immigration enforcement statutes

• Lecture to Guarini Fellows, NYU Law School, on public service and government lawyering

publications

• Policymakers in the Dock, Policy Review, Oct.–Nov. 2011, pp. 63–77

• The Balanced Budget’s Fatal Flaw, Wall St. J., July 22, 2011, at A15

• Three States Short of a Secure Community, N.Y. Times, June 23, 2011, at A27

Immigration Policy: The US Should Abolish Its ‘Diversity Visas’ Program, L.A. Times, July 13, 2011, at A15

• Give Us Your Huddled Masses of Engineers, Wall St. J., May 13, 2011, at A15

• Citizenship Law in the Wake of 9/11, Yale Law Report, Summer 2011, at 47

other professional highlights

• Consultant to Ministry of Justice of Israel, on constitutional status of proposed legislation

Vicki Schultz

lectures and addresses

• “Work and Inequality,” presented on closing panel on “Consequences: 21st Century Women Parity in Public Life and in the Workplace,” symposium on “Context and Consequences: The Hill-Thomas Hearings Twenty Years Later,” Georgetown Law School, Washington, DC, Oct. 6, 2011

• “Redefining Discrimination,” presented on plenary panel, “The Workplace as a Site of Inequality,” AALS Workshop on Women Rethinking Equality, Washington, DC, June 21, 2011

• “Will Marriage Make Gay and Lesbian Couples Egalitarian? A Cautionary Tale,” presented at UCLA Dept. of Sociology Gender Working Group, Los Angeles, CA, April 27, 2011

publications

• Interview of Mr. David L. Rose, Chief of the Employment Litigation Section, Department of Justice Civil Rights Division, 1969-1987, in Employment Discrimination: 45 Years of Enforcement of Title VII of the Civil Rights Act of 1964, 1 Am. U. Lab. & Emp. L. F. 161, 181 (2011)

Reva Siegel

lectures and addresses

• Rothschild Lecture, Harvard University, “Before (And After) Roe v. Wade” (with Linda Greenhouse), Nov. 4, 2010

• Harvard Law School, Address to Law Students for Reproductive Justice, “Past and Future Conflicts in Reproductive Rights,” Nov. 5, 2010

• Chicago Humanities Festival, “Before (And After) Roe v. Wade,” Geof Stone, Gerald Rosenberg, and Christine Stansell commenting, Nov. 12, 2010

• “Dignity and Sexuality: Claims on Dignity in Transnational Debates over Abortion and Same-Sex Marriage,” Keynote for conference on Gender, Sexuality, and Citizenship, Cardozo Law School, Nov. 14, 2010

• Panel on Linda Greenhouse & Reva Siegel’s Before Roe v. Wade: Voices that Shaped the Abortion Debates Before the Supreme Court’s Ruling, American Society for Legal History Annual Meeting, Philadelphia, PA, Nov. 19, 2010

• “The Law and Politics of Disparate Impact,” Conference on Martha Minow’s In Brown’s Wake: Legacies of America’s Educational Landmark, Humanities Center, Harvard University, Dec. 4, 2010

• “Equality Arguments for Reproductive Freedom,” Reproductive Justice Project, Yale Information Society Project, New York, NY, Dec. 17, 2010

• “’Backlash’ in Debates over Constitutional Protections for Sexual Freedom,” American Association of Law Schools Annual Meeting, San Francisco, CA, Jan. 6, 2011

• Presented manuscript of “Before (and After) Roe v. Wade: New Questions About Backlash” (with Linda Greenhouse), Faculty Workshop, Yale Law School, Jan. 24, 2011

• Moderator, panel on Comparative Constitutional Law, Sexual and Reproductive Rights Symposium, Harvard Journal of Law & Gender, Harvard Law School, Mar. 4, 2011

• Institute of French Studies of NYU, Conversation with Patrick Weil on the new legal grounds for race-equality policies in France and in the U.S, Mar. 9, 2011

• University of California, Irvine School of Law, Conference on Race, Law and Socio-Economic Class, Keynote: “The Law and Politics of Disparate Impact, ” Mar. 18, 2011

• Roundtable on Constitution in 2020, presented manuscript of “From Colorblindness to Antibalkanization: An Emerging Ground of Decision in Race Equality Cases,” University of Texas Law School, Austin, TX, April 1, 2011

• “The Law and Politics of Disparate Impact,” Comparative Antidiscrimination Workshop, Harvard Law School, May 7, 2011

• Addressed Yale-Chinese Women’s Leadership Development Program, Yale University, May 18, 2011

• Participant in Roundtable: “For Love of Justice: Redefining Feminist Legal History,” 2011 Berkshires Conference of Women Historians, University of Massachusetts, Amherst, June 10, 2011

• Panel on Constitutional and Statutory Developments in Disparate Impact Law, American Constitution Society annual meetings, Washington, DC, June 18, 2011

• “Preservation through Transformation: Conflict and Change,” AALS Workshop on Women Rethinking Equality, June 21, 2011

• Presented manuscript of “Dignity and Sexuality: Claims on Dignity in Transnational Debates over Abortion and Same-Sex Marriage,” Faculty Workshop, University of Southern California Law School, Aug 31, 2011

• Introductory remarks, Moot Camp, Yale Law School, Sept. 9, 2011

publications

Before (and After) Roe v. Wade: New Questions About Backlash, 120 Yale L.J. 2028 (2011) (with Linda Greenhouse)

From Colorblindness to Antibalkanization: An Emerging Ground of Decision in Race Equality Cases, 120 Yale L.J. 1278 (2011)

Kate Stith

lectures and addresses

• City Bar Association of New York, “Weinstein on Sentencing,” New York, NY, Sept. 13, 2011

• Women’s Campaign School at Yale University, “Our History and Our Reason,” New Haven, CT, July 11, 2011

• City Bar Association of New York, “Corporate Criminal Liability,” New York, NY, June 23, 2011

publication

• In Memoriam: A Tribute to Professor Daniel J. Freed,
24 Fed. Sentencing Rep. 82 (October 2011)

other professional highlights

• Board of Governors, Yale University Press

• ALI Preliminary Advisory Group on the Scope of Criminal Fraud

• Vice-Chair, Connecticut Committee on Professional Responsibility

• Yale University Committee on Hazing Policies

James Q. Whitman

publications

• When the Focus is Retribution, N.Y. Times, Room for Debate, Jan. 21, 2011

• Comment sera jugé DSK, Nouvel Observateur,
May 19, 2011

• Deux notions d’égalité devant la loi, Le Monde, June 4, 2011

• The Monarchical Monopolization of Violence, NYU,
May, 2011

• “French Law, American Custom And The ‘Perp Walk,’” NPR Talk of the Nation, May 17, 2011

Michael J. Wishnie

lectures and addresses

• “Litigating Proportionality Claims in Immigration Law,” National Lawyers Guild Convention, Philadelphia, PA, Oct. 2011

• “The Rights of Unauthorized Migrants,” Session Leader, Global Constitutionalism Workshop, Yale Law School, New Haven, CT, Sept. 2011

• “Civil Rights Suits Against Immigration Agents,” Webinar, American Immigration Lawyers Association, Sept. 2011

• “Policing in Immigrant Communities,” Testimony, Connecticut Advisory Committee to the U.S. Civil Rights Commission, Hartford, CT, Sept. 2011

• “Teaching Theory of the Case,” Clinical Practice Workshop, Yale Law School, New Haven, CT, Aug. 2011

• “Building The Veterans Legal Services Clinic at Yale Law School,” Military Service and the Law: Issues of Justice & Dignity at Home & Abroad, John Marshall Law School, Chicago, IL, June 2011

• “Developments in U.S. Legal Aid and Clinical Programs,” U.S. State Department delegation, Presentation, U.S.-China Legal Experts Dialogue, Wye River, MD, June 2011

• “Applications to Upgrade Military Discharges,” Connecticut Veterans Legal Center/Connecticut Bar Association Training, Yale Law School, New Haven, CT, Apr. 2011

• “Litigating Civil Rights Cases Against Immigration Agents,” National Lawyers Guild, Chicago, IL, Apr. 2011

• “Constitutional Issues in Immigration Representation,” Innovative Approaches to Immigrant Representation: Exploring New Partnerships, Cardozo Law School, New York, NY, May 2011

• “Workplace Rights for Foreign Nationals,” Consulate of Ecuador, New Haven, CT, Apr. 2011

publication

• Proportionality: The Struggle for Balance in U.S. Immigration Policy, 72 U. Pitt. L. Rev. 431 (2011)

other professional highlights

• Ashcroft v. al-Kidd, 131 S.Ct. 2074 (2011) (holding former Attorney General immune from liability for alleged false arrest of material witness but indicating limitations on circumstances in which government may arrest or detain witness)

• El Badrawi v. United States, 787 F.Supp.2d 204 (D.Conn. 2011) (denying motion for summary judgment by United States and granting summary judgment to former UConn medical researcher on claim for false arrest by immigration agents)

• El Badrawi v. Warden Lee, No. 3:07-cv-1074 (D.Conn. May 16, 2011) (granting in part and denying in part motion for summary judgment by corrections officials on claims of denial of medical care and interference with religious practice of immigration detainee)

• In re Dombrowski (Board of Veterans Appeals) (Sept. 15, 2011) on remand, awarding service-connected disability benefits for hearing loss and tinnitus

John F. Witt

lectures and addresses

• “The Civil War and the Law of War,” American Society of International Law, Washington, DC, May 18, 2011

• “Prosecuting Terrorists: Military Commissions,” YLS American Constitution Society, Sept. 28, 2011 (with E. Fidell)

publication

• A Social History of International Law: Historical Commentary, 1861–1900,” in Sloss, Ramsay & Dodge eds., International Law in the U.S. Supreme Court: Continuity and Change (Cambridge University Press, 2011)

other professional highlights

• Named to the Board of Directors of The Yale Law Journal