April 2013

February 2013

Faculty News – April 9, 2013
 
Publications
 
Alexis Anderson’s article, ‘Custom and Practice’ Unmasked: The Legal History of Massachusetts’ Experience with the Unauthorized Practice of Law, 94 Mass. L. Rev. 124 (2013) was recently published.
 
Bob Bloom and Mark Brodin authored a new edition of Example & Explanations: Criminal Procedure: The Constitution and the Police (7th ed., Wolters Kluwer 2012). Bob Bloom also authored a new casebook, Cases on Criminal Procedure, 2013-2014 (Wolters Kluwer 2012).
 
Mark Brodin’s Civil Procedure casebook, co-authored with Steve Subrin, Martha Minow, Thom Main & Alexandra Lahav, is now in its Fourth Edition and has been adopted by 56 civ pro professors at 35 law schools.
 
Dan Coquillette recently authored Past the Pillars of Hercules: Francis Bacon and the Science of Rulemaking, 46 U. Mich. J. L. Reform 549 (2013).
 
Brian Galle has two publications coming out: Charities in Politics: A Reappraisal, 54 Wm. & Mary L. Rev. 1561 (2013) and The False Promise of Risk-Reducing Incentive Pay: Evidence from Executive Pensions and Deferred Compensation, 38 J. Corp. L. 53 (2012) (with Kelli A. Alces). Brian also accepted an offer of publication from the Tax Law Review for his paper, Carrots, Sticks, and Salience.
 
Dean Hashimoto published a number of recent books and articles, including: Wang D., Hashimoto D., Mueller K., Longer-Term Use of Opioids (Workers Compensation Research Institute, Sep. 2012); Barriers to Use of Workers’ Compensation for Patient Care at Massachusetts Community Health Centers, Massachusetts Department of Public Health in Health Services Research (Feb. 2013) (with Lenore Azaroff, Letitia Davis, and others); Reme S.E., Dennerlein J.T., Hashimoto D., Soresen G., Musculoskeletal Pain and Psychological Distress in Hospital Patient Care Workers, J. of Occupational Rehabilitation, 2012 Dec. 22(4): 503-510; Hopcia K., Dennerlein J.T., Hashimoto D., Orechia T., Soresen G.,  Occupational Injuries for Consecutive and Cumulative Shifts Among Hospital Registered Nurses and Patient Care Associates: A Case-Control Study,  Workplace Health Safety, 2012, Oct.: 60(10): 437-44; Kim S., Okechukwu C., Buxton O.M., Dennerlein J.T., Boden L.I., Hashimoto D., Sorensen G., Association Between Work-Family Conflict and Musculoskeletal Pain Among Hospital Patient Care Workers, American J. of Industrial Medicine, 2012 Sep., PMID 23019044.
 
Renee Jones participated in a conference on March 15 at the University of Cincinnati College of Law on Securities Enforcement Practices and Policies in the Post-Financial Crisis Era.  She presented a paper on Utilizing the Officer and Director Bar to Enhance Corporate Accountability, which will be published in the Cincinnati Law Review
 
Dan Kanstroom recently authored “Alien” Litigation as Polity-Participation: The Positive Power of a “Voteless Class of Litigants,” in the Wm & Mary Bill of Rights J., as part of a symposium on “Noncitizen Participation in the American Polity.”
 
Ray Madoff authored Mourning in America: What's Law Got to Do With It?, to be published as part of the Amherst Series in Law, Jurisprudence, and Social Thought, a series of books published by the Stanford University Press. She also authored A Tale of Two Countries: A Comparison of Two Seemingly Opposite Systems of Inheritance.
 
Laura Murray-Tjan’s article, “Conditional Admission” and Other Mysteries: Setting the Record Straight on the “Admission” Status of Refugees and Asylees was accepted for publication in the N.Y.U. J. of Legislation and Public Policy.
 
Mary-Rose Papandrea wrote Moving Beyond Cameras in the Courtroom: The Supreme Court, Technology, and the Media, 2012 B.Y.U. L. Rev. 1091 (invited symposium) and Balancing and the Unauthorized Disclosure of National Security Information, 97 Iowa L. Rev.  Bull.  94 (2012).
 
Zyg Plater’s forthcoming book, The Snail Darter & the Dam: How Pork-Barrel Politics Endangered a Little Fish and Killed a River (Yale U. Press 2013) will be shipping in May 2013.
 
Brian Quinn published Putting Your Money Where Your Mouth Is: The Performance of Earnouts in Corporate Acquisitions, 81 U. Cin. L. Rev. 126 (2013) and Arbitration and the Future of Delaware's Corporate Law Franchise, 14 Cardozo J. Confl. Res. (Mar. 2013).
 
Francine Sherman recently authored Making Detention Reform Work for Girls, Pathway # 5 (Annie E. Casey Foundation, 2013) (with Richard Mendel & Angela Irvine).
 
David Wirth authored The World Trade Organization Dispute Over Genetically Modified Organisms:  The Precautionary Principle Meets International Trade Law, 37 Vermont L.R. __ (forthcoming 2013).
 
Fred Yen authored a Book Review of William Patry, How to Fix Copyright (2012), published at 3 The I.P. Law Book Review 26 (2013).
 
 
Speeches and Presentations
 
Mary Bilder recently presented “Madison’s Hand” at the Harvard Law School Legal History Workshop (April 2013).
 
Mary Ann Chirba was invited to present at the 2013 Annual Conference of the International Stem Cell Society regarding the impact of federal and cross-border regulation on the development and delivery of adult stem cell therapies and other emerging forms of regenerative medicine. She also participated on a panel of researchers and clinicians to discuss practical strategies for attaining regulatory reform.
 
Scott Fitzgibbon’s paper, “Harmonious Discourse and the Good of Family Law” was accepted for presentation at the International Society of Family Law North American Regional Conference, which is to be held in New York City in June.
 
Brian Galle presented “Does Federal Spending ‘Coerce’ States? Evidence from State Budgets” at the University of Toronto Law School in Feb. 2013 and "Carrots, Sticks, and Salience" at Duke University Law School in Feb. 2013
 
Kent Greenfield gave a talk at the Post-Graduate Law Center, Queen Mary, University College London on “The Company Board as a Regulatory Body.”
 
Dean Hashimoto gave a number of recent presentations, including: “Chronic Pain Treatment:  Massachusetts as a Case Study”, MCLE, 13th Annual Workers Compensation Law Conference, Boston, MA (Nov. 2012); “As Health Care Evolves, What is Our Role?”, William B. Patterson Memorial Lecture, New England Conference of Occupational and Environmental Medicine and Mass. Occupational Health Nurses Association, Newton, MA (Nov. 2012); “Clinical Management of Chronic Pain and Narcotics,” Absence Management Summit, Raytheon Corporation, Waltham, MA (Sep. 2012); “Massachusetts chronic pain guideline”, Mass. Dept. of Industrial Accidents, Boston, MA (Sep. 2012).
 
Renee Jones participated as a commentator on April 5-6 at George Washington University's Center for Law, Economics and Finance (C-LEAF) Junior Faculty Business and Financial Law Workshop.  She commented on a paper by Joseph Warburton, et al. entitled, The End of Market Discipline? Investor Expectations of Implicit State Guarantees.
 
Tom Kohler was invited to be a participant and panel moderator at an international conference, “Pacem in Terris: After Fifty Years” to be held at the University of Chicago in April 2013. In March, he gave lectures to the Law Faculties of the Universities of Göttingen (as part of the Göttingen Lectures in Foreign and International Labor Law) and Jena, presenting “Gewekschaftsrechte in den USA:  Eine vergleichende Betrachtung” (“Union Rights in the USA:  A Comparative Consideration”).  In February, he gave a talk entitled “What Does it Mean to be Conservative? A Perspective from Catholic Social Thought,” at the University of Chicago Law School.
 
Dan Lyons presented “The Internet as the World's Biggest Copy Machine, and How Plaintiff's Bar Seeks to Monetize It,” at the ABA Student Division First Circuit Meeting, Harvard Law School.
 
Ray Madoff presented paper at Amherst College on “Mourning in America: What's Law Got to Do With It?” as part of a seminar series of the Department of Law, Jurisprudence & Social Thought (March 27, 2013).
 
Judy McMorrow participated, on March 16-18th, in an ABA Rule of Law conference in Beijing, held in conjunction with China University of Political Science and Law, on “Teaching Legal Ethics in China.”  Approximately 50 professors and practitioners were involved.  Judy served as a foreign expert and participated in teaching demonstrations and discussions.
 
Mary-Rose Papandrea was invited to present her work-in-progress “National Security Leakers and the First Amendment” at a Yale conference for First Amendment scholars (May 2013). She also participated in an invitation-only Colloquium for First Amendment Scholars at Washington University in St. Louis (March 2013).
 
Zyg Plater gave a number of recent presentations, including: “The Endangered Species Act at 40,” U. Florida, Keynote, Gainesville, FL, Feb. 22 2013; “Keynote: A Jeffersonian Challenge: Law and the Press in National Governance,” Howard Baker Center on Politics, Knoxville, TN, March 14, 2013; “Endangered Species and Governmental Decisionmaking,” Apr. 18-19, 2013, Lake Forest College, Chicago; “The Snail Darter Saga: Rebutting the Extremism Stigma,” May 29, 2013, Natural Resources Law Teaching Conference, Flagstaff AZ. Zyg also participated in a number of panels at the 31st Annual International Public Interest Environmental Law Conference, Feb. 28-March 3, 2013, Eugene, OR.
 
Brian Quinn presented “Omnicare: Fruit Flies and Deal Protections,” at the University of Iowa College of Law (Feb 2013), and at the Private Equity M&A Roundtable, New York, NY (Mar. 2013).
 
Francine Sherman recently presented “Representing Girls in Juvenile Court”, at the Essex and Middlesex Bar Advocates, Salem, MA, April 10, 2013. She moderated and presented two workshops at the Annie E. Casey Foundation Juvenile Detention Alternatives Annual Conference, in Atlanta, GA: “Reducing Disparities at the Intersection of Gender, Race and Ethnicity” (April 17, 2013) and “Eliminating the Use of Detention for Commercially Sexually Exploited Children” (April 18, 2013). She also served as a moderator for “Youth in Prison:  The Reality of the System,” at Boston College, April 30, 2013.
 
Catharine Wells presented “Microaggressions in Academic Life,” as part of a conference at U.C. Berkeley celebrating publication of Presumed Incompetent: The Intersections of Race and Class for Women in Academia (Gabriella Gutierrez y Muhs, et al., eds. 2012).
 
David Wirth presented “How Safe is That Shrimp?  The Food Safety Modernization Act,” at the University of Georgia School of Law, Athens, Georgia, February 11, 2013.
 
 
Other News and Events
 
Tom Barnico published a letter, “Richard II, Then and Now,” in Massachusetts Lawyers Weekly reviewing a recently-staged reading of Shakespeare’s Richard II by federal judges and lawyers.
 
Sharon Beckman’s letter to the editor, “Unwise to look to criminal law to protect cyclists,” was published in the Boston Globe on March 3, 2013.
 
Mary Bilder was recently appointed to U.S. Senator Elizabeth Warren's Advisory Committee on Massachusetts judicial nominations.
 
Bob Bloom gave introductory remarks at a BC reception in Washington, D.C. for Jared Huffman, a member of Congress and BC Law class of 1991. Bob was also quoted extensively about the recusal decision on the Whitey Bulger case in articles in Reuters, The Chicago Tribune, Boston Herald.
 
George Brown was recently a guest on Commonwealth Journal, a public affairs radio program produced by U. Mass. Boston.
 
Mary Ann Chirba and Alice Noble recently authored an article for the BC Law Alumni Magazine entitled “The Myth of Certainty: Post-Election, There's Still No ‘Insurance’ Obamacare Will Work.” It discusses on-going judicial challenges to the Affordable Care Act, political resistance to the Act's Medicaid expansions and state health insurance exchanges, and the feasibility of medical innovation and cost-control initiatives.
 
Scott Fitzgibbon was appointed a Member of the International Chair on Natural Law and Human Personhood, Pontificia Universidad Catolica Argentina.
 
Kent Greenfield authored a number of articles in The American Prospect, including: “The Glocks Are Falling! The Glocks Are Falling!”, “Weird Friends of the Court”, “States’ Rights > Gay Rights”
 
Dean Hashimoto received federal funding from the National Institutes of Occupational Safety and Health and the Harvard Center for Health, Wellness, and Well-being to develop a research data base of health care workers that links health insurance data to existing human resources data including work injuries, workers compensation insurance, and measures of work productivity. Dean also received a number of appointments, including: Member of the City of Newton Healthcare Advisory Council (appointed by Mayor Setti Warren); Member of the Advisory Board of the Boston College Institute for the Liberal Arts; Member of the BC committee for the development of an undergraduate minor in Medical Humanities.
 
Renee Jones was accepted to the University of Pennsylvania's Neuroscience Boot Camp to be held during the Summer of 2013. She was also awarded a Neuroscience Training Stipend from the Research Network on Law and Neuroscience, to defray the costs of attending the boot camp.
 
Sanford Katz was a panelist at Boston University Law School on March 4th, speaking on “The Legal Aspects of Parenthood.”
 
Tom Kohler was recently interviewed by Das Handelsblatt, Germany's leading economic paper (their Wall Street Journal) regarding the D.C. Circuit's Noel Canning decision and the impact on participatory management plans being considered by some transplant industries in the U.S.
 
Joseph Liu was invited to teach an intensive U.S. Copyright Law course to law students at Tsinghua University in Beijing, China (April 15-19, 2013) and to give a guest lecture to the faculty.
 
Dan Lyons wrote an Op-Ed for The Hill Newspaper’s Capitol Blog, on “Internet Pricing: The Next Policy Frontier,” March 25, 2013; and “Internet Pricing: The Next Policy Frontier,” Dow Jones All Things D (Apr. 1, 2013).
 
Ray Madoff authored an op-ed, "Tax Fairness and the Wealthy," Washington Post (Dec. 26, 2012). She was also invited to participate in a workshop on Philanthropy, Policy, and Technology (PPT): Recoding Good for the 21st Century, sponsored by the Stanford Center on Philanthropy and Civil Society (March 1-3, 2013).
 
Zyg Plater organized several panels at the Oregon International Public Interest Environmental Law Conference. He was also recently quoted several times in Inside Climate News.
                                                                                        
Brian Quinn serves as a Director of the Trust for University Innovation in Vietnam.
 
Jim Repetti and co-author Paul Caron’s article, Occupy the Tax Code: Using the Estate Tax to Reduce Inequality was reviewed in a recent issue of Tax Notes (Feb. 4, 2013) at pages 552-553.  
 
Francine Sherman was recently quoted in an article, “Addressing Girls’ Health Needs at Juvenile Detention Centers,” L.A. Times (March 16, 2013). She also recently published a letter to the editor in the Contra Costa Times, “Locking Girls Up is Not the Answer” (March 14, 2013). Fran also received an Annie E. Casey Foundation grant for 2013, to provide technical assistance to Juvenile Detention Alternatives Initiative (JDAI) jurisdictions nationally on reducing detention of girls.
 
David Wirth wrote a book review of The Law of Adaptation to Climate Change:  U.S. and International Aspects (Michael B. Gerrard & Katrina Fischer Kuh eds.) (American Bar Association Section of Environment, Energy, and Resources 2012).
 
Fred Yen served as a Visiting Scholar at the University of Arizona Law School in February 2013.

Faculty News – February 12, 2013
 
Publications
 
Hugh Ault notes that the Chinese translation of his book Comparative Income Taxation: A Structural Analysis (3d ed., Kluwer 2010) recently went to the printer.  It is being published by Peking University Press, one of the best known Chinese academic publishers. The book is scheduled to come out on February 12, the Chinese New Year, he will be going over to China later on a  “book tour” organized around some seminars in various universities.
 
George Brown’s article, Notes on a Terrorism Trial – Preventive Prosecution, “Material Support” and The Role of The Judge After United States v. Mehanna, was recently published in 4 Harvard National Security Journal 1 (2012).
                                               
Mike Cassidy notes that the Second Edition of his casebook Prosecutorial Ethics (West 2d ed., 2013) was published in January, 2013.
 
Dan Kanstroom recently authored A Voteless Class of Litigants: Noncitizen Participation in the Polity, 21 Wm. & Mary Bill Of Rights J. 399 (2012) and completed a new book, Constructing “Illegality”: Immigrant Experiences, Critiques, And Resistance (with Cecilia Menjívar) (forthcoming Cambridge 2013).
 
Zyg Plater’s book, The Snail Darter and the Dam: How Pork-Barrel Politics Endangered a Little Fish and Killed a River (forthcoming Yale 2013) has gone to press and will be coming out soon.  He will be speaking about the book at conferences in Florida, Tennessee, Chicago, and Arizona during the Spring semester. The Tennessee conference is devoted to analysis of the book.
 
Jim Repetti’s paper, Occupy the Tax Code: Using the Estate Tax to Reduce Inequality (co-authored with Paul Caron) will be published in a forthcoming symposium issue of Pepperdine Law Review. He presented the paper at a conference at Pepperdine University School of Law. The paper was mentioned on the New York Times web site and reviewed favorably by the Institute for Policy Analysis. The paper is available here.
 
Diane Ring’s article, Horizontal Equity Revisited, 13 Fla. Tax Rev. 135 (2012), with Jim Repetti, was recently published in the Florida Tax Review. In addition, her casebook Federal Income Taxation of Corporate Enterprise (Foundation Press 2012) (with Wolfman) was also recently published.
 
 
Speeches and Presentations
 
Buzzy Baron will be presenting at a faculty colloquium at Roger Williams University on February 20 based on his paper Bioethics and Law in the United States:  A Legal Process Perspective.
 
Joan Blum spoke on Feb. 5 at the U.S. State Department to an audience of policy makers and program officers to discuss her experience conducting judicial training programs in Bosnia and to give her observations and recommendations on the efficacy of rule of law training programs.
 
Mike Cassidy gave a talk in February at a Chapman University School of Law symposium on “The Future of Law, Business, and Legal Education:  How to Prepare Students to Meet Corporate Needs.”  The papers will be published in an upcoming edition of the Chapman Law Review.
 
Kent Greenfield gave the Keynote Lecture, “Progressive Possibilities for Corporate Law?,” at the Annual Meeting of the Corporate Law Teachers Association of Australia, The Australian National University, Canberra, Australia, Feb. 4, 2013. He was a panelist/discussant for a mini-symposium on Tamar Frankel’s book The Ponzi Scheme Puzzle, Boston University School of Law, Jan. 28, 2013. He was also the featured speaker at the monthly meeting of the staff of DEMOS (the issue-based national research organization), as they brainstormed new corporate-law related initiatives, in New York City on Jan. 9, 2013. He was a panelist at “Apocalypse Now or Much Ado About Nothing? An Election Post-Mortem on the Effects of Citizens United,” at the Boston Bar Association, Dec. 5, 2012.
 
Dan Lyons presented “Usage-Based Pricing and Net Neutrality,” to the U.S. Senate Steering Committee and Commerce Committee Staffers, Washington, DC,  Jan. 2013; “Reforming the Universal Service Fund,” to the Free State Foundation, Jan. 2013; “Usage-Based Pricing for Broadband,” to the Hudson Institute, Jan. 24 2013; and “Assessing Usage-Based Pricing for Broadband,” to the National Cable and Telecommunications Association, Dec. 2012.
 
Laura Murray-Tjan was a speaker at the Public Interested 2013 conference at Harvard College on January 26th. On February 1, she moderated a panel at the Boston Immigration Court on representing immigration detainees in bond proceedings.
 
Vlad Perju presented "Romania's Constitutional Crisis," a lecture at the Harvard Center for European Studies on December 6, 2012.
 
Diane Ring was a panel chair at the GWU-IRS 25th Annual Institute on Current Issues in International Taxation, for the panel “Ethical Issues in International Tax” (Dec. 2012, Washington DC). She also presented "Transfer Pricing Update and New Directions" (Nov. 2012) at the Boston Tax Forum.
 
Vince Rougeau gave a visiting scholar lecture at Rockhurst University in Kansas City on Jan. 29th.
 
Fred Yen presented “Asian Americans in the Legal Academy:  Past, Present, and Future?” at the Conference of Asian Pacific American Law Faculty, Jan. 31, 2013 at Hastings Law School, San Francisco. He will also be presenting “Trademark and the Dynamic Construction of the Consumer,” at Notre Dame Law School, Feb. 22, 2013.
 
 
Other News and Events
 
Sharon Beckman had a letter published in The Boston Globe on February 3, about the criminal charges filed against Tracy Miner. 
 
Joan Blum was recently awarded a Fulbright Grant to support her work at the University of Sarajevo, Faculty of Law this Spring. She will be in Sarajevo starting in April 2013, helping the University of Sarajevo’s Faculty of Law explore options for expanding its curriculum and diversifying its teaching methodologies.
 
Mark Brodin was interviewed for an article that appeared in the Boston Sunday Globe, Jan. 20, entitled "Former Judge Worked for Voting Rights," about Gordon Martin's new book Count Them One By One, which recounted his work in the Robert F. Kennedy Justice Department.
 
Mike Cassidy will be serving on an ABA Accreditation site inspection team for the University of Kansas School of Law in March.
 
Mary Ann Chirba and Alice Noble recently posted a new piece on The Health Affairs Blog addressing several implementation challenges of the Affordable Care Act that are proving to be especially difficult since they require complex interactions of federal and state governments.
 
Dan Coquillette authored a letter to the editor entitled “The Prisoners at Guantánamo, and the Rule of Law,” which was published in The New York Times on Jan. 20, 2013.
 
Scott Fitzgibbon will be co-organizing a conference to be held at Cardozo Law School, Yeshiva University, in New York, on June 10-11, 2013. The conference will deal with family law and theory, and more particularly with the question of the appropriate degree of state involvement in matters concerning the family. The conference is under the aegis of Cardozo Law School and of the International Academy for the Study of the Jurisprudence of the Family, of which he is the Senior Vice President.
 
Kent Greenfield authored an essay in The American Prospect on Dec. 20, 2012, titled “Robert Bork: All Brain, No Heart”. He also wrote “A Split Decision on Gay Marriage?” for The American Prospect (also published in Salon), Dec. 10, 2012.
 
Dan Kanstroom was interviewed on WBAI radio (New York City) on January 30, 2013. In addition, his book, Aftermath: Deportation Law and the New American Diaspora (Oxford 2012), was chosen #4 in The Atlantic Magazine's 2012 list of "Best Books About Justice."
 
Sanford Katz was quoted on Dec. 21, 2012 in the Christian Science Monitor about Sen. John Kerry: "What you see with John Kerry is what you get:  He's a serious, very articulate man, and he has the stature to really further American interests."
 
Joe Liu was recently quoted in an article in the Communications of the ACM (Jan. 2013) on intellectual property and news aggregation sites. He has also been invited to teach an intensive week-long U.S. Copyright Law class to the students at Tsinghua University, School of Law, in Beijing in April.
 
Dan Lyons attended the Federal Communications Bar Association Annual Dinner, Washington, DC.
 
Vlad Perju was cited in an article in El Pais, a major Spanish newspaper, on Jan 30.
 
Vince Rougeau’s op-ed, “Four Ways to Fix Law School: Law Schools Must Change the Way They Operate if They Want to Maintain Their Status in Higher Education,” recently appeared in U.S. News Online:
 
Fred Yen recently completed a three-year term on the AALS Membership Review Committee.