Faculty Activities and Appearances
Faculty News – November 1, 2013
Bob Bloom and Dana Walsh accepted an offer to publish their article, The Fourth Amendment Fetches Fido: New Approaches to Dog Sniffs, in a forthcoming issue of the Wake Forest Law Review.
Mark Brodin’s Annual Update to the Handbook of Massachusetts Evidence will be published in November.
Mike Cassidy’s article (Ad)ministering Justice: A Prosecutor’s Ethical Duty to Support Sentencing Reform, will be published in 45 Loy. U. Chic. L. J. Vol. 4 (forthcoming 2014).
Dan Coquillette notes that his book, The Battlefield of Merit: Harvard Law School, The First Century, jointly authored with Bruce Kimble, has been accepted for publication by Harvard University Press. Based on the manuscript of this volume, The Harvard University Press has also accepted The Intellectual Sword: Harvard Law School, The Second Century.
Brian Galle accepted an offer to publish his article, Tax, Command...or Nudge? Evaluating the New Regulation in the Texas Law Review. He also accepted a publication offer from the International Review of Law & Economics for his article The Effects of National Revenues on Sub-National Revenues.
Tom Kohler recently completed a solicited piece for First Things, a leading religion and public policy journal. The piece, entitled, The Christian Vision of Konrad Adenauer, explores the roots of the German social market in Catholic and Protestant social thought.
Joe Liu’s article, The New Public Domain, was recently published by the Illinois Law Review (2013).
Mary-Rose Papandrea accepted an offer to publish her article, Traitors, Spies, and Whistleblowers: National Security Leakers and the First Amendment in a forthcoming issue of the Boston University Law Review (2014).
Zyg Plater’s article, A Jeffersonian Challenge From Tennessee: The Notorious Case Of The Endangered “Snail Darter” Versus TVA’s Tellico Dam—And Where Was The Fourth Estate, The Press?, will be published in 80 Tenn. L. Rev. __ (forthcoming 2013)
Brian Quinn’s article Omnicare: Coercion and the New Unocal Standard, was recently published at 38 J. of Corp. L. 835 (2013)
Jim Repetti’s article, Occupy the Tax Code: Using the Estate Tax to Reduce Inequality and Spur Economic Growth (with Paul L. Caron), will be published in a forthcoming issue of the Pepperdine Law Review (2013) (symposium issue).
Diane Ring’s book chapter “International Dynamics of International Tax Relations,” was recently published in Beyond Economic Efficiency (David Brenna, Karen Brown, and Darryll K. Jones, eds, Wolters Kluwer, 2013).
Paul Tremblay’s book, Introduction to Transactional Lawyering Practice was recently published by West Academic Publishing (with Alicia Alvarez (University of Michigan, BCLS 1985)).
Speeches and Presentations
Hugh Ault presented “International Tax Developments and Family Businesses,” Stiftelsen Foretagsjuridik: Funds, Foundations and Families, Venice, Italy, Oct. 17-19.
Tom Barnico will present “State Defenses in Federal Court” to the Attorney General Institute on Nov. 21. The Institute is the continuing legal education program of the Massachusetts Office of the Attorney General.
Sharon Beckman made the introductory remarks at the 21st Coffin Lecture, at the University of Maine Law School, Portland, Maine on Oct. 21, 2013.
Mary Bilder presented “James Madison and Constitutional Compromise: A Constitution Day Lecture,” The Clough Center for the Study of Constitutional Democracy, Boston College (September 2013).
Mike Cassidy presented at the Flaschner Judicial Institute: Developments in Massachusetts Evidence Law, October 25, 2013.
Dan Coquillette has been asked by Dean Martha Minow of Harvard Law School to give a series of lectures to the Harvard Law School community to mark the School's Bicentennial.
Scott Fitzgibbon will present his forthcoming article, Artificial Reproductive Techniques and the Protection of the Kinship System at the Kopaonik Natural law Conference, in Serbia, in December.
Brian Galle presented “Tax, Command...Or Nudge?” at the faculty colloquia of Chicago-Kent Law School and Michigan Law School, and at the Harvard Tax Policy Colloquium.
Mary Holper will be presenting on “Cancellation of Removal in Immigration Cases” at a training sponsored by the Boston Immigration Court, the New England Chapter of the American Immigration Lawyers Association, and the Political Asylum/Immigration Representation Project on Nov. 15 at the Boston Immigration Court. She also presented at a brownbag lunch sponsored by the BC Immigration Law Group on immigration detention in the U.S. on Oct. 17.
Tom Kohler recently participated in a Symposium in Honor of Dr. Thomas Klebe, sponsored by the Hugo-Sinzheimer-Institut in Frankfurt am Main. He has also given two guest lectures at Harvard Law School. He was invited to participate in and to deliver a paper to the 13th German-American Colloquium, to be held in July, 2014 in Germany. This is an interdisciplinary colloquium of philosophers, economists, legal scholars, theologians and leading political figures.
Joe Liu recently presented “The Next Great Copyright Acts: A Global Analysis of Current Legislative and Industry Developments and Proposed Solutions for our Modern Digital Environment,” at the International Bar Association Annual Meeting, Boston, MA (Oct. 11, 2013).
Laura Murray-Tjan served as a panelist at Boston University School of Law’s event, “Immigration Reform: What Next?” on September 26.
Mary-Rose Papandrea served as a moderator at the First Amendment Law Review Symposium “New York Times v. Sullivan, Fifty Years Later” (Chapel Hill, NC) (October 2013).
Vlad Perju served as Judge and Senior Commentator at the Harvard/Stanford International Junior Faculty Forum in Oct. 2013, and presented “Constitutional Coup, Interrupted: Tales from a Romanian Summer,” at the ICON Symposium on Constitutionalism in Central and Eastern Europe, Boston College, Oct. 2013.
Zyg Plater presented “Peer Review Science and Law” at the Univ. of Tennessee Interdisciplinary Seminar, Sep. 11-13, and gave a Course lecture: “Endangered Species Law.” On Sep. 25-26, he presented “Animal Protection Values,” at the Univ. of Michigan Symposium on Environmental Values. On Oct. 3, he gave the Reed College Public Lecture, “The Peculiar case of the Endangered Snail Darter,” Portland OR. On Oct. 4 he presented “Lessons Learned From & Since TVA v. Hill,” at Lewis & Clark College of Law, Portland, OR. On Oct. 8 he presented “Lies, Damn Lies, and TVA's Tellico Dam” at the Vermont Law School.
Brian Quinn recently presented “The Coming Tide,” at Pace Law School (Oct. 2013).
Jim Repetti served as the moderator for a panel on “Tax Policy and Economic Efficiency,” at the Annual Meeting of Law and Society (June 1, 2013). He also presented “Using the Estate Tax to Reduce Inequality,” at the Columbia Law School Tax Policy Forum, (Oct. 17, 2013).
Diane Ring spoke on a panel entitled “U.S. Tax Policy in a Global Economy” at a New York Law School Symposium “The 100th Anniversary of the Revenue Act of 1913: Marking a Century of Income Tax Law in the United States” (October 2013).
Vincent Rougeau presented “Relational Citizenship, Meaningful Membership, and Diverse Communities,” a conference paper at The New Cosmopolitanism: Global Migration and the Building of a Common Life, Oct. 14-15, 2013. London, England.
Fran Sherman was spoke on a panel entitled “A Trauma-Informed Approach to Girls: Why it is, Why It’s Needed,” at Georgetown University Law School, Washington, DC, on Nov. 15, 2013.
Paul Tremblay served as a facilitator at the Clinical Law Review Writers Workshop, NYU School of Law, New York on Sep. 28, 2013.
Other News and Events
Hugh Ault was an invited participant at the United Nations Committee of Experts on International Tax Matters, Geneva, Switzerland, Oct. 21-15.
Sharon Beckman participated in a gathering of current and former law clerks of ret. Supreme Court Justice Sandra Day O'Connor at the Supreme Court of the United States on Oct. 25-26, 2013.
Mary Bilder was appointed to the Committee on Publications of The Colonial Society of Massachusetts.
Mark Brodin had a Letter to the Editor published in The Nation critically commenting on a book review of Roberts Rules of Order, a recent book on the Roberts Court. The review was written (unbeknownst to him at the time) by a former student, Michael O'Donnell, who it turns out is on the staff of the magazine. Mark now serves on the Provost's Advisory Council.
Mike Cassidy is serving on the AALS Professional Responsibility Section, the Zacharias Scholarship Prize Committee, the Boston College Provost Search Committee, and the Boston College Athletics Advisory Board.
Scott Fitzgibbon notes that the first two articles in Volume Four of the International Journal of the Jurisprudence of the Family, of which he is the editor, have been published on line. They are Getting Married, by Maroness Ruth Deech, and The Challenge which Developments in Genetics and Artificial Reproduction Present to Intergenerational Solidarity by Jorge Nicols Lafferiere.
Brian Galle authored a blog post, “Social Enterprise: What is it Good For?” at the Columbia Blue Sky Blog, http://clsbluesky.law.columbia.edu/2013/10/03/social-enterprise-what-is-it-good-for/.
Frank Garcia’s book, Global Justice and International Economic Law: Three Takes (Cambridge 2013), is going to be the subject of a conference at Oxford University on Nov. 18th, and the U.K. journal Jurisprudence will also do a mini-symposium on it this Spring, at a site yet to be determined.
Sanford Katz was the honored guest at the 50th anniversary of the Columbus School of Law of Catholic University of America Class of 1963 in Washington, DC on September 28. He taught at Catholic University from 1964-1968.
Laura Murray-Tjan’s piece “When Will We Stop Deporting U.S. Citizens?” appeared on The Huffington Post on Sep. 18.
Mary-Rose Papandrea was quoted in The Wall Street Journal, NPR, Christian Science Monitor and other publications on the Pvt. Bradley Manning verdict and sentencing.
Zyg Plater spoke at various book events for his book, The Snail Darter & the Dam: How Pork-Barrel Politics Endangered a Little Fish and Killed a River (Yale 2013). He also gave a Coursera MOOC session on endangered species, for an international on-line course based at University of North Carolina, Chapel Hill. He also spoke on RadioBoston, WBUR, http://radioboston.wbur.org/2013/07/31/the-snail-darter-and-the-dam.
Brian Quinn has made a number of posts on his blog, M&A Law Prof Blog (http://lawprofessors.typepad.com/mergers/). He has also been quoted in various news reports, including: Dealbook, NY Times, Oct. 2013 (http://dealbook.nytimes.com/2013/10/23/appeals-court-throws-out-confidential-arbitration-in-delaware/?_r=1); Reuters, Oct. 2013 (http://www.reuters.com/article/2013/10/03/us-delaware-courts-analysis-idUSBRE99203N20131003); Wall Street Journal, Sep. 2013 (http://online.wsj.com/news/articles/SB10001424127887323864604579067512869323956)
Fran Sherman wrote “Know the Law” (web pages and pdf series), National Girls Institute, Office of Juvenile Justice and Delinquency Prevention, available at http://www.nationalgirlsinstitute.org/i-want-to-know-more/policy/.
Katherine Young authored a Book Review/Response, “Katharine Young & Jamal Greene on Economic and Social Rights,” ICONnect Blog of the International Journal of Constitutional Law and ConstitutionMaking.org, published Oct. 14, 2013 (http://www.iconnectblog.com/2013/10/book-review-response-katharine-young-and-jamal-greene-on-economic-and-social-rights/).
Faculty News--Summer 2013
Hugh Ault’s article, Some Reflections on the OECD and the Sources of International Tax Principles, was published in 70 Tax Notes International 1195 (2013). He also authored a chapter, “Dispute Resolution: The Mutual Agreement Procedure,” in United Nations, Administration of Double Tax Treaties, pp. 309-340. The Chinese translation of Hugh’s book, Comparative Income Taxation: A Structural Analysis, was published by Peking University Press in Spring 2013.
Bob Bloom’s article, The Fourth Amendment Fetches Fido: The Future of Dog Searches (co-authored with Dana Walsh, BC Law 2013), will be published in the Wake Forest Law Review.
Mark Brodin’s latest article, The Fraudulent Case Against Affirmative Action – The Untold Story Behind Fisher v. University of Texas, will appear in the Buffalo Law Review next Spring. In addition, his Annual Supplement to the Handbook of Massachusetts Evidence (with Michael Avery) will appear this Fall.
Frank Garcia’s book, Global Justice and International Economic Law: Three Takes was recently published by Cambridge University Press, and his article, Between Cosmopolis and Community: Globalization and the Emerging Basis for Global Justice was accepted for publication by the N.Y.U. Journal of Int'l Law and Politics.
Kari Hong accepted an offer to publish her article, Removing Citizens: Parenthood, Immigration Courts, and Derivative Citizenship in the Spring 2014 issue of the Georgetown Immigration Law Journal.
Kent Greenfield’s article, The Progressive Possibility of Corporate Law, will be appearing in a forthcoming issue of Australian J. Corp. L. (2013). In addition, Kent has a chapter titled “The End of Contractarianism? Behavioral Economics and Law of Corporations,” in the forthcoming Handbook on Behavioral Economics and the Law, Eyal Zamir & Doron Teichman, eds. (Oxford University Press) (invited and refereed).
Tom Kohler was invited to write in a Symposium entitled, “Comparative Law in an Era of Globalization,” to be published in the Duquesne Law Review. The Symposium will have pieces by a number of noted American and European Comparatists, and is in honor of Prof. Mary Ann Glendon.
Brian Quinn’s article, Arbitration and the Future of Delaware’s Corporate Law, was published in 14 Cardozo J. Conflict Res. 829 (2013), and his article Bulletproof: Mandatory Rules for Deal Protections was reprinted in Claire A. Hill, et al., Law and Economics of Mergers and Acquisitions (2013).
Diane Ring’s chapter entitled "Exchange of Information," was published in the book, United Nations Handbook on Selected Issues in Administration of Tax Treaties for Developing Countries (Alexander Trepelkov, et al., eds., July 2013).
Fran Sherman published an abbreviated and updated version of her UCLA Law Review article in the ABA Criminal Justice Magazine – Justice for Girls: Are We Making Progress?, 28 Criminal Justice 9 (2013).
Paul Tremblay and Alicia Alvarez’s book, Introduction to Transactional Lawyering Practice was published by West Academic Publishing in May, 2013.
Katharine Young’s book, Constituting Economic and Social Rights, was published by Oxford University Press in 2013.
Speeches and Presentations
Filippa Marullo Anzalone presented “Cultural Property: What Is It and Why Is It Important?” at the Third Annual Chinese and American Forum on Legal Information and Law Libraries Conference, June 12, 2013. She was also a presenter at the AALL Webinar, “How to Work Through Difficult Transitions” on April 24, 2013.
Hugh Ault was invited to present “The OECD and its BEPS Project: Where Are We and Where Are We Going?” at Deutsche Vereinigung fur Internationales Steuerrecht Regional Meeting, University of Heidelberg (April 30); “Some Reflections on the OECD and the Sources of International Tax Principles,” Max Planck Institute for Tax Law and Public Finance, Munich (May 2); “The Recent OECD Developments and the European Tax Integration Process,” at the Steuern in Europa : Vision, Realitat und ZukunftSteuerrechtliches Symposium in Gedenken an Prof. Dr. Albert J. Radler, Munich Germany (June 6). Hugh served as chair of the United Nations, Special Meeting of ECOSOC on International Cooperation in Tax Matters, New York (May 29, 2013) and as a panelist at United Nations-International Tax Compact, Technical Meeting on Administration and Negotiation of Tax Treaties, New York (May 30-31, 2013).
Paulo Barrozo and Frank Garcia presented “Encounters with the Other and with Ourselves: Faith, Law and Commerce in the Portuguese Opening of the East,” at the exhibition of “Portugal, Jesuits and Japan - Spiritual Beliefs and Earthly goods” at the McMullen Museum of Art.
Dan Coquillette delivered the keynote speech, “American Legal Education: Where Did It Come From? Where Is It Going?” at the National Conference of Bar Examiners in April.
Frank Garcia was invited to deliver a paper on November 15, 2013 at a conference on Socio-Legal Approaches to Trade Law sponsored by University College, London. He was also invited to deliver a paper on November 18th, 2013 at Oxford University on his recent book.
Kent Greenfield presented The Third Way, a paper for the conference “Australia, the Asian Century and the Future of Corporate Law,” sponsored by the Centre for Law, Markets and Regulation, University of New South Wales, Sydney, Australia, (May 14, 2013). He also made a presentation to the Board of Directors of the American Constitution Society on June 13, 2013.
Tom Kohler was a speaker and participant at “A Celebration of the Work of Mary Ann Glendon,” sponsored by the University of Notre Dame Law School and the Law Faculty, University of Florence (Florence, Italy, June 17, 2013). He also served as a commentator at an Author meets Audience panel, “Re-thinking Employment Regulation: Beyond the Standard Contract of Employment,” Law and Society Annual Meeting, Boston (May 31, 2013).
Joe Liu gave a public lecture, “ISP Liability Under U.S. Copyright Law,” at Tsinghua University School of Law in Beijing, on April 20, 2013.
Dan Lyons was a panelist and participant at “Why the Wires Matter: A Broadband Policy Seminar for a New Generation of Scholars,” co-sponsored by Rutgers University, New York Law School, and the National Cable and Telecommunications Association in Washington, DC in June 2013.
Laura Murray-Tjan presented a paper at the Emerging Immigration Scholars Conference at U.C. Irvine on June 13-14 on the policies of refugee and asylee admission and detention.
Diane Ring chaired a panel on “Taxes and Federalism” at the Law & Society Conference (Boston, June 2, 2013), and presented “Current Efforts to Tackle International Tax Evasion” at a roundtable on “Current Issues in International Tax,” at Radzyner School of Law, Interdiscipinary Center, Herzliya, Israel (April 29, 2013).
Joan Shear presented two workshops, “Legal Reference for Non-law Librarians,” at the Social Science Librarians Boot Camp at Tisch Library, Tufts University on Friday, June 7, 2013.
Fran Sherman was invited to be the policy and law discussant to panel entitled “Juvenile Justice Girls: Precursors, Outcomes, and Treatment Needs” at the Society for Research on Adolescence conference in March, 2014.
Paul Tremblay was a panelist for “Ethics in Advertising,” at the Practising Law Institute Workshop, “Hot Topics in Advertising Law 2013,” New York, NY (May 2013).
Katharine Young presented at the Author Meets Reader Panel, on her book, Constituting Economic and Social Rights (Oxford 2013), at the Law and Society Association Annual Meeting in Boston (June 2, 2013). At the same conference, she also presented at a Roundtable on “Mobilizing for Human Rights” (June 1).
Other News and Events
Richard Albert’s proposed symposium on “Comparative Constitutional Change” was selected by the AALS Committee on Special Programs as the first Association of American Law Schools Annual Meeting Symposium. The symposium will be presented at the 2014 AALS Annual Meeting in New York City.
Fillippa Marullo Anzalone served as Chair of the Association of Jesuit Colleges and Universities (AJCU)’s Law Library Section (July 2013).
Hugh Ault was presented with the Special Service Award, Boston College Law School Alumni Association, Law Day (May 9, 2013). He was also appointed a Visiting Research Scholar at the Max Planck Institute for Tax Law and Public Finance, Munich (March 1-June 30, 2013).
Tom Barnico’s article, “Should Bare Majority Rule?,” appeared in the BC Law Magazine (Spring/Summer 2013). He served as a moderator for a panel entitled “Government Lawyering by ‘The People’s Lawyer’: An Examination of the Office of Massachusetts Attorney General Francis X. Bellotti, 1975-1987,” at a conference at BC Law in June, 2013.
Mary Bilder and Sharon O'Connor received the Law Library Journal Article of the Year Award for their article, Appeals to the Privy Council Before American Independence: an Annotated Digital Catalogue, 104 Law Library Journal 83 (2012).
Bob Bloom has made numerous radio, television, and newspaper appearances commenting upon the Whitey Bulger trial.
Mark Brodin’s op-ed on Fisher v. University of Texas, “Court Dodged Affirmative Action Hot Potato – Or Did It,” appeared in Massachusetts Lawyers Weekly, July 8, 2013. Mark was also interviewed for and quoted in Maria Cramer's Boston Globe article, “Delay Stalls Boston Police Promotions,” May 28, 2013, as well as in the Boston Globe article “Groundbreaking Federal Judge to Step Back,” August 15, reporting Judge Joseph L. Tauro's decision to go onto senior status.
Mike Cassidy notes that the SJC’s Standing Advisory Committee on the Rules of Professional Conduct, of which he is a member, has been working hard for the past two years to study, debate and draft proposed amendments to the Massachusetts attorney conduct rules, and submitted its final report to the SJC in July of 2013.
Mary Ann Chirba and Alice Noble recently blogged as invited guest authors for the Health Law Prof blog and Harvard Law School Petrie-Flom Center's Bill of Rights blog. The posts were on topics such as: “Medical Malpractice, the Affordable Care Act and State Provider Shield Laws: More Myth than Necessity?,” “The ACA’s Tobacco Use Rating: Implementation, Inconsistencies and Ironies,” “A Decade's Quest for Safer Drugs: Congressional Committee Green Lights Regulation of Drug Supply Chains and Compounding Manufacturers,” and ”Our Bodies, Our Cells: FDA Regulation of Autologous Adult Stem Cell Therapies.”
Laurel Davis and Chester Kozikowski received the AALL Spectrum Article of the Year Award for their article Rare Books & Technology: Collaborating within the Library. The award was be presented at the AALL conference in July.
Frank Garcia taught “NAFTA: Regional Trade and Commerce in a Globalized Economy” at the University of Paris West Nanterre/La Defense in March. He also taught an International Business Transactions course at the University of New South Wales Law Faculty, August 3-11, in Sydney as part of their Foreign Visiting Scholars program. Frank also taught a Globalization and International Economic Law seminar at Monash University Law Faculty, August 15-20, in Melbourne as part of their Foreign and Affiliated Faculty. Frank’s book Global Justice and International Economic Law: Three Takes (Cambridge 2013) was the subject of a May 28, 2013 blog post by Simon Lester on the International Economic Law and Policy Blog he runs. Frank began his appointment as the Law School’s Associate Dean for Global Programs July 1 2013.
Kent Greenfield’s op-ed, “Why Justice Ginsburg Should Step Down” was published by The Boston Globe on June 17, 2013. He also authored “The Slippery Slope to Polygamy and Incest,” which was published by The American Prospect on July 15, 2013. Kent was asked to join the Inaugural Advisory Board to the Emory Corporate Governance and Accountability Review, Emory University School of Law. He was also asked to join the Editorial Board of the Corporations and Society Law Journal, to be published by The Academic Center for Law and Business, Tel Aviv, Israel. Kent appeared in Fareed Zakaria GPS, on CNN (television, US and international) on August 18, 2013. He was also invited to teach an LLM class in corporate governance as a visiting professor at the University of Sydney in June 2014.
Ingrid Hillinger was featured prominently as one of 26 “best law teachers” studied and discussed, at length, in Larry Krieger, et al., What the Best Law Teachers Do (Harvard 2013), which, over a four-year period, sought to identify and study extraordinary law teachers who have a significant, positive, and long-term effect on their students.
Dan Kanstroom’s book, Aftermath: Deportation Law and the New American Diaspora (Oxford 2012) was reviewed favorably in Nicholas De Genova, Deportation as a Way of Life, 1 Migration Studies 241 (2013).
Tom Kohler was a participant at the Sixth Annual Conference on Economics and Catholic Social Thought, sponsored by the John U. Nef Committee on Social Thought and the Lumen Christi Institute at the University of Chicago (University of Chicago, May 23-24, 2013). Tom served as chair of “Comparative Approaches to Workplace Problems,” Law and Society Annual Meeting, Boston, May 30, 2013. He co-taught a week-long seminar for graduate and law students entitled, “Catholic Social Thought: A Critical Investigation,” at the University of California, Berkeley, August 5-9, 2013.
Dan Lyons published a number of op-eds: “We Should Promote Broadband Pricing Innovation,” Computerworld (June 18, 2013); “Why Usage-Based Broadband Plans May Be Good For You,” Lewiston Sun Journal (April 14, 2013) and Providence Journal This New England Blog (March 29, 2013); “Internet Pricing: The Next Policy Frontier,” Wall Street Journal's AllThingsD Blog (April 1, 2013) and The Hill's Congress Blog (March 25, 2013)
Alan Minuskin and Paul Tremblay were honored on May 22 by the Massachusetts Legal Assistance Corporation (the Commonwealth organization that funds legal services) for devoting over 30 years of their legal careers to legal assistance for the poor.
Laura Murray-Tjan moderated a panel at the Boston Immigration Court on the immigration consequences of criminal conduct on May 17. In addition, she authored a post on the Huffington Post, “A Tale of Two Typos” on July 8 (available at: http://www.huffingtonpost.com/laura-murraytjan/a-tale-of-two-typos_b_3563084.html).
David Olson helped successfully organize PatCon 3, the third annual patent conference that he originally co-founded in 2010. PatCon 3 was held at Chicago-Kent Law School in April of 2013. Website: http://www.kentlaw.iit.edu/academics/jd-program/certificate-programs/intellectual-property-law/patcon-3
Brian Quinn briefed Vietnamese President Truong Tan Sang on the proposed establishment of the Fulbright University of Vietnam on July 26, 2010. Brian also appeared on a number of news outlets, including: Bloomberg TV, Bloomberg, Gawker Media, Reuters, USA Today. Brian is also working on “Virtual Casebook for Corporations” using Harvard Law School’s Berkman Center H20 publishing platform.
Fran Sherman completed 11 “Know the Law” legal briefs posted to the National Girls Institute (OJJDP/National Council on Crime and Delinquency) web site http://www.nationalgirlsinstitute.org/i-want-to-know-more/policy/. Fran also consulted with the Rhode Island Department of Children Youth & Families Girls’ Working Group to develop a logic model to guide activities for probation and detention girls.
Paul Tremblay participated, as the Law School representative, in the Boston College delegation to Pontificia Universidad Catolica de Chile in Santiago, Chile, to develop plans for collaboration between the two universities (August, 2013).
Fred Yen’s recent review of William Patry, How to Fix Copyright (2012) appeared in the IP Law Book Reivew: http://gguiplc.com/the_ip_law_book_review.
Faculty News – April 9, 2013
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
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 (PDF Format) 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.
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