Faculty Activities and Appearances
December 19, 2012
Richard Albert authored a book review, Church and State in Western Society, 54 Journal of Church and State 652 (2012).
Dan Coquillette and Judy McMorrow recently wrote Civility and Professionalism at the Massachusetts Bar: The Heritage and the Challenge Today, which will serve as an introduction to course materials prepared for the proposed “Practicing with Professionalism” program that the MCLE will be submitting to the Supreme Judicial Court, introducing newly-admitted lawyers to Massachusetts practice and expectations.
Brian Galle recently accepted an offer to publish his paper, Does Federal Spending ‘Coerce’ States? Evidence from State Budgets in the Northwestern University Law Review. He also submitted his paper Does Stakeholder Outrage Constrain Executive Compensation? Evidence from the Determinants of University President Pay (with David I. Walker) to the Journal of Law, Economics, and Organizations. He also submitted The Effects of National Revenues on Sub-National Revenues to the International Review of Law & Economics, and received a revise & resubmit.
Frank Garcia authored Comment: Doha, Security and Justice – A Response to Prof. Raj Bhala, 9 U. St. Thomas L. J. 194 (2012).
Zyg Plater wrote a book update for Environmental Law & Policy: Nature, Law & Society, 2012 Annual Supplement (Aspen 2012); a monograph Classic Lessons from a Little Fish in a Pork Barrel (University of Utah Press 2012); and a law review article, Classic Lessons from a Little Fish in a Pork Barrel: Featuring the Notorious Story of the Endangered Snail Darter and the TVA’s Last Dam, 32 Utah Envtl. L. Rev. 1 (2012).
Diane Ring authored Federal Income Taxation of Corporate Enterprise – 6th Edition (with B. Wolfman) (Foundation Press, 2012); Horizontal Equity Revisited (with Jim Repetti), 13 Florida Tax Review 135 (2012); The Debt-Equity Conundrum: The U.S. National Report, in Cahiers de Droit Fiscal International Vol. 97(b) (IFA, June 2012); and Taxation of Permanent Establishments: United States, in Taxation of Permanent Establishments (IBFD 2012 Fall update).
Speeches and Presentations
Richard Albert organized and moderated a panel on “New Perspectives in Comparative Law” at the Annual Meeting of the American Society of Comparative Law on Oct. 5, 2012.
Hugh Ault presented on Dec. 3-4 at the MIT-OECD sponsored conference at the National Academy of Sciences in Washington on “A Policy Framework for Knowledge-Based Capital.” He discussed the tax policy implications of the international tax treatment of investments in and income from intangibles.
Tom Barnico will be speaking on Jan. 11 at Sixth Circuit Judge Jeffrey Sutton’s Harvard Law School State Constitutional Law class on: “State Attorneys General and the Non-Unitary Executive.” Later in January or February he will be speaking at the Massachusetts Department of Revenue on the topic: “State Taxes and Federal Courts: Old Limitations, New Issues.”
George Brown recently organized and moderated a panel at Boston College Law School, sponsored by the Clough Center, entitled “Defending Terrorism Charges: A Lawyer’s Perspective on United States v. Mehanna.” Key members of the trial and appellate team on the Mehanna case were panelists at the event, which was covered in the influential national security blog LawFare: http://www.lawfareblog.com/2012/11/peter-margulies-previews-the-tareq-mehanna-appeal/
Mary Ann Chirba presented “The Importance of Fact Analysis at the Appellate Level: Lessons from the U.S. Supreme Court’s ‘Obamacare’ Decision,” at the New England Consortium of Legal Writing Teachers Semi-Annual Conference (Dec. 2012).
Dan Coquillette has been invited to address to address the Charles Hamilton Houston Institute at Harvard on the results of new research conducted as part of the Harvard Law History Project. The Project has made a number of major new discoveries about the first black graduates of Harvard Law School, documenting four more men of extraordinary lives and achievement who studied at Harvard prior to 1910 (in addition to three already documented).
Scott Fitzgibbon recently presented “Physician-Assisted Suicide: Civil Society and the Great Mendacity?” at St. John's Seminary on Oct. 4, 2012, and also "The Deeper Meaning of Equal Protection" at Brigham Young University on Nov. 3, 2012.
Brian Galle presented “The Effect of Tax Price on Nonprofit Fundraising” at the National Tax Association on Nov. 15, 2012.
Cynthia Lichtenstein provided commentary on a paper by professors Anna Gelpern and Mitu Gulati, entitled “The Wonder-Clause” [the use of Collective Action Clauses “CACs” in EU Sovereign Debt] at a Scholar’s Roundtable on November 9, 2012 at Brooklyn Law School.
Mary-Rose Papandrea presented "Student-Athletes and the First Amendment," at the University of North Carolina’s First Amendment Law Review Symposium, “One Generation Under Hazelwood: A 25-Year Retrospective on Student Speech Rights,” in Nov. of 2012.
Zyg Plater presented “The Relationship between Wildlife Law and Economic Development,” at the 2012 Annual Convention of the American Association of Law Librarians in July 23; “Semantic Hygiene in Regulatory Takings Analysis,” at the Vermont International Colloquium on Environmental Scholarship on Oct. 12, 2012. He was also a panelist on “Legal Trends in Energy & Environmental Law,” at the Vermont International Colloquium on Environmental Scholarship on Oct. 12, 2012.
Diane Ring presented “Transfer Pricing Update and New Directions,” at the Boston Tax Forum in November, and “The Ethical Framework: Duties of the Tax Practitioner to the Client and to the System,” at the 64th Annual Virginia Conference on Federal Taxation, at the University of Virginia, in June.
Fran Sherman spoke at a symposium sponsored by the Congressional Black Caucus in Washington D.C., focusing on student-led thoughts to improve the education system. Representative Bobby Scott of Virginia, also a BCLS alum, was on the panel with her, and the panel was moderated by Harvard Professor Charles Ogletree.
Other News and Events
Richard Albert was a founding co-editor of I-CONnect, a joint scholarly blog of the International Journal of Constitutional Law (I-CON) and the Comparative Constitutions Project. He was also re-appointed Chair of the Younger Comparativists Committee of the American Society of Comparative Law.
Mary Bilder has accepted a three-year appointment to the Documentary Preservation Committee of the American Society of Legal History. She was also Secretary of the Ames Foundation and a member of the International Advisory Board of GLOSSAE, the European Journal of Legal History.
Mike Cassidy was recently a participant in the Contemplative Leaders in Action program of the Jesuit Collaborative, October 9, 2012.
Mary Ann Chirba is a member of the Advisory Board of the International Cellular Medicine Society.
Dan Kanstroom’s 2012 book, Aftermath: Deportation Law and the New American Diaspora, is #4 on The Atlantic's 2012 list of "Best Books About Justice." To read the listing, go to: http://www.theatlantic.com/national/archive/2012/12/from-jim-crow-to-timothy-mcveigh-a-year-in-books/266251/
Dan Lyons joined an amicus brief filed in the U.S. Supreme Court, arguing that an agency should not get Chevron deference when determining the scope of its jurisdiction. The brief (and the petitioner's cert. petition) relied in part on a law review article that he wrote on the topic last year.
Frank Garcia authored Yelling “Fire!” in a Crowded Planet, in The Huffington Post (Sept. 24, 2012).
Kent Greenfield recently authored an essay for the American Prospect based on his reading of the recent decision by the Supreme Court to hear two cases on gay marriage. https://prospect.org/article/down-doma-prop-8
Cynthia Lichtenstein presented her portion of the” Report of the International Securities Regulation Committee of the International Law Association” to the Committee’s Working Session at the Biennial Conference of the Association in Sofia, Bulgaria on Aug 29, 2012. She also attended the Biennial Conference of the International Law Association hosted by the Bulgarian Branch of the Association in Sofia, Bulgaria on Aug 26-30, 2012, and was a Vice Chair of the Association, served on the Steering Committee of the Conference.
Dan Lyons wrote a short article, published by The Free State Foundation, entitled “Why Broadband Pricing Freedom is Good for Consumers.” http://www.freestatefoundation.org/images/Why_Broadband_Pricing_Freedom_Is_Good_For_Consumers_111612.pdf. He also authored a blog post, “Technology Convergence and Federalism: The Case of VOIP Regulation,” for U. Mich. J.L. Reform Online, April 2012.
Laura Murray-Tjan reports that the immigration clinic won a victory before the Board of Immigration Appeals. The client won a waiver of removability pro se before the Immigration Court but the government appealed. Laura also notes that, on Oct. 13, she attended Justice Sotomayor’s celebration of 20 years on the bench and was seated next to her during the dinner. The event took place at the U.S. Supreme Court.
Brian Quinn’s blog, M&A Law Prof, once again recently made the ABA list of Top 100 law blogs.
Diane Ring is a member of the Steering Group of the American Association of Law Schools Section on Taxation. She is a Council member, IFA USA Branch–New England Region.
Jim Rogers was recently quoted in a Bloomberg article, “Stock, Bond Certificates Held by DTCC Damaged by Sandy Flood,” at http://www.bloomberg.com/news/2012-11-15/stock-bond-certificates-in-dtcc-vault-damaged-by-sandy-flooding.html .
Joan Shear was the Editor-in-chief of the American Association of Law Libraries Annual Meeting Daily Newspaper, Print editions July 21-24, 2012, plus two electronic editions, one before and one after the meeting.
Alexis Anderson has accepted an offer to publish an article on unauthorized practice in the Mass. Law Review.
Mary Bilder’s recent article, How Bad were the Original Records of the Federal Convention, George Washington Law Review (2012) is available athttp://papers.ssrn.com/sol3/papers.cfm?abstract_id=2163152. The article was written for the issue commemorating the 100th anniversary of Max Farrand's Records of the Federal Convention.
Mary Ann Chirba has written an article, When Worlds Collide: The FDA's Awkward Oversight of Clinical Applications of Adult Stem Cell Therapies (forthcoming February 2013).
Dan Coquillette's article Past the Pillars of Hercules: Francis Bacon and the 'Science' of Rulemaking has been accepted as part of a University of Michigan Festschrift for Professor Edward Copper. His new book on the history of Harvard Law School (with Professor Bruce Kimball), The Republic of Merit: Harvard Law School's First Century, is now complete in manuscript and under consideration by a number of university presses. Dan has also completed the latest updates of Moore's Federal Practice (Lexis Nexis), where he continues to serve as one of five Editors.
Kent Greenfield authored The Stakeholder Strategy, 26 Democracy: A Journal of Ideas 47 (2012). The paperback version of his book The Myth of Choice was published by Yale University Press in November 2012, and the U.K. version was published by Biteback Publishing, July 2012.
Greg Kalscheur has a forthcoming article, Healthy Secularity and the Task of a Catholic University, in Theological Studies (forthcoming Dec. 2012).
Dan Kanstroom wrote A "Voteless Class of Litigants": Noncitizen Participation in the Polity, William & Mary Bill of Rights Journal (forthcoming 2012).
Dan Lyons wrote “Reforming the Universal Service Fund for the Digital Age,” in Communications Law and Policy in the Digital Age: The Next Five Years (Randolph May, ed., 2012).
Laura Murray-Tjan has an upcoming article, Reflections on Watson v. Holder: The Dog that Didn’t Bark, forthcoming in Bender’s Immigration Bulletin, Dec. 15, 2012 (previewed in LexisNexis BIB Daily blog on Oct. 22, 2012).
Jim Repetti recently had published the 2012 Supplement to Federal Wealth Transfer Taxation: Cases and Materials (6th ed. 2009) and Federal Wealth Transfer Taxation: Study Problems(6th Ed. 2009). In addition, he authored, along with Diane Ring, an article, Horizontal Equity Revisited, to be published in the Florida Tax Review.
Fran Sherman was recently invited to publish a reformatted version her recent UCLA Law Review article in the summer ABA Criminal Justice Magazine.
Speeches and Presentations
Filippa Marullo Anzalone presented at the American Association of Law Libraries (AALL) Annual Meeting, day-long New Directors’ Workshop, July 2012 (Boston, MA). She also served as co-moderator for the AALL Annual Meeting discussion following “Duke and Yale Present: Institutional Repositories and Law Reviews,” July 2012. (Boston, MA).
Hugh Ault presented “Akteure des Internationalen Steuerrechts und ihre Handlungsformen” at the German Association of Tax Lawyers, in Linz, Austria, on Sep. 11.
Tom Barnico gave a talk at Nutter, McClennen & Fish in Boston entitled: "Brandeis, Choate, and the Boston & Maine Merger Battle, 1903-1914." Nutter was founded by Louis Brandeis and Samuel Warren, Jr., in 1879.
Bob Bloom participated in a Boston College panel discussing the Jamaican Immersion program in Oct. 2012.
Mary Ann Chirba and Alice Noble gave this year's Joshua A. Guberman Lecture at Brandeis on Tuesday, Oct. 16. Their lecture was entitled "The Supreme Court and Election Year Politics: Myths vs. Reality in the Healthcare Debate." (http://blogs.brandeis.edu/socialsciences/2012/10/05/tuesday-1016-4-p-m-joshua-a-guberman-lecture-by-mary-ann-chirba-and-alice-noble/). Mary Ann and Alice also presented “A Healthy Debate – The Affordable Care Act and the State of Healthcare in America” at GlobeMed at Boston College (Oct. 2012). Mary Ann also presented “Regulatory Pathways for Adipose Technology – FDA and International Regulation of Autologous Adult Stem Cell Therapies” at the International Federation for Adipose Therapeutics and Science (Quebec City, Oct. 2012).
Scott Fitzgibbon delivered a paper, titled "The Meaning of Equality: Towards Revised Constitutional Principles," at a conference at BYU Law School.
Kent Greenfield presented “Using Social Media as a Professor” at Boston College Law School in September; moderated a panel on “Corporation Speech After Citizens United,” for the Boston College Directors’ Training Program, June 20, 2012; served as a panelist for “The Process of Academic Scholarship,” at a panel for the students of the BC Law Review, Oct. 10, 2012; moderated a panel on DOMA, sponsored by BCLS Lambda, Mar. 19, 2012; served as a panelist at the “Control the Corporation Conference,” Carnegie Institute of Washington, Apr. 2, 2012; served as a panelist for “The Affordable Care Act’s Prospects in the Supreme Court,” at The University of Chicago Alumni Club, Boston Chapter, May 24, 2012; and served as a panelist on “To Amend or Not to Amend: The Impact of Citizens United,” sponsored by the Alliance for Justice, Washington, D.C., May 22, 2012. He also made a number of presentations based on his book, The Myth of Choice, at: Osgoode Hall Law School, York University, Toronto, Oct. 22, 2012; Hennick Center for Business and Law, York University, Oct. 22, 2012; the Southern Festival of Books, Nashville, TN, Oct. 12, 2012.
Dan Kanstroom gave a number of talks, including: a book talk at New York Law School, co-sponsored by Center for Migration Studies (Sep. 10); a book talk at the Harvard Book Store, Cambridge, MA (Sep. 21) (co-sponsored by Amnesty International); a keynote address at University of Houston Law Center (Oct. 16); a lecture to the faculty at U.C. Irvine School of Law (Oct. 25); and a presentation at U.C. Berkeley, before the Law School and Department of Sociology (Oct. 26).
Tom Kohler is scheduled to present, on Nov. 19, the Sinzheimer Lecture, sponsored by the Hugo-Sinzheimer-Institut and the University of Frankfurt Law Faculty.
Jim Repetti presented “Partnership Capital Shifts” at the University of Montana Law School’s 60th Annual Tax Institute. Among the attendees at the conference was U.S. Senator Max Baucus (D-Montana), chair of the Senate Finance Committee.
Diane Ring made a presentation on “Comparisons v. Comparative Analysis” on Sep. 29, 2012 at the recent conference in Boston honoring Hugh Ault, with attendees from more than 17 countries. Diane was on the Symposium Committee and also a Moderator for the International Tax Research Symposium held in conjunction with the IFA conference in Boston (Sept. 30, 2012).
Frank Sherman presented at the Office of Juvenile Justice Delinquency Prevention Coordinating Council meeting in September. (http://www.ojjdp.gov/newsletter/238981/topstory.html). She also participated in the Congressional Briefing about the Georgetown Law Center on Poverty, Inequality and Public Policy’s Report: “Improving the Juvenile Justice System for Girls,” at the Capitol Visitor's Center, Washington, DC.
Other News and Events
Hugh Ault participated in the OECD Public Consultation on Intangibles, Nov. 10-12, in Paris.
Bob Bloom was quoted on the front page of the Oct. 1 Boston Globe in an article titled: “Election’s Winner May Shape Supreme Court: Vacancies Likely Within Next 4 Years.”
(http://bostonglobe.com/news/politics/2012/09/30/supreme-court-could-reshaped-next-four-years/0UfIGTSjcQFXZKpbCmrQ0H/story.html ). He also served as the coach for the National Criminal Procedure Moot Court, which competed at the University of San Diego in Oct. 2012.
Mike Cassidy was recently elected to the American Law Institute. In addition, his work on conspiracy law was cited in the Solicitor General’s brief in Smith v. United States, No 11-8976, to be argued on Nov. 6 in the U.S. Supreme Court.
Mary Ann Chirba and Alice Noble wrote two Op-Eds, “The Supreme Court on the Affordable Care Act: What Are We Waiting For?” and “The Supreme Court Upholds the Individual Mandate: But What Are We Talking About?” in the Health Affairs Blog. Mary Ann also serves on the Advisory Board of the International Cellular Medicine Society (ICMS).
Dan Coquillette recently returned from England, where he attended a black-tie legal dinner at the House of Lords, at the invitation of his old tutor, the Right Honourable The Lord Hoffmann, recently retired from the New English Supreme Court as a Law Lord. Dan was thrilled to be seated next to Lord Hoffmann at the first table, "an experience of a life-time." Dan was also reappointed Reporter to the Standing Committee on Rules of Practice and Procedure of the U.S. Judicial Conference by Chief Justice Roberts, and in that capacity has attended the Advisory Committee on Appellate Rules Meeting at the University of Pennsylvania Law School and the Advisory Committee on Criminal Rules and Civil Rules at the Administrative Office of the U.S. Courts in Washington, D.C. Dan was also reappointed Charles Warren Visiting Professor of American Legal History at Harvard Law School and continues as Director of the Harvard Law School History Project. Dan has been invited to be the Keynote Speaker for the National Association of Bar Examiners Spring Convention in April, and is organizing a Panel and Empirical Testing of Rule Reform Initiative Through Pilot Projects for the Standing Committee Meeting in Jan. 2013.
Scott Fitzgibbon is happy to report, in his capacity as Editor-in-Chief, the publication of Volume Two of the International Journal of the Jurisprudence of the Family.
Kent Greenfield was the 2012 recipient of the Anthony Paul Farley Teaching Award from the Black Law Student Association, Boston College Law School. He wrote “Are Shareholders Owners?” for The Policy Network (Sep. 25, 2012) (www.policy-network.net). He wrote a number of Op-Eds for the Huffington Post and the ACS Blog, including “Is the Anti-Muhammad Film Constitutionally Unprotected ‘Fighting Words,’” The Huffington Post (Sep. 18, 2012); “A New Strategy to Fight Citizens United,” The Huffington Post(Sep. 14, 2012); “The Wobbly Legal Arguments Against Dodd-Frank,” ACS Blog (Aug. 1, 2012). He also wrote “Raising a Risk Taker,” The Boston Globe Magazine (July 29, 2012) and “A Father-Son Adventure in the Italian Dolomites,” The Sunday Boston Globe (Aug. 5, 2012). He served on the organizing committee for Boston College Directors’ Training Programs (held June, 2012). He also made a number of media appearances: Huffington Post LIVE (Nov. 1, 2012); American Constitution Society podcast on Constitution Day (posted Sep. 2012), available on iTunes; “Greater Boston” with Emily Rooney, WGBH Television (May 29, 2012); “This Week in Business,” NECN Television (Apr. 1, 2012).
Kari Hong recently won two significant victories in the U.S. Court of Appeals for the Ninth Circuit on behalf of needy clients. In Ridore v. Holder, Kari successfully argued that the Board of Immigration Appeals had acted beyond its authority by reviewing the Immigration Judge’s findings under a "de novo" rather than "clear error" standard. (http://www.lexisnexis.com/community/immigration-law/blogs/inside/archive/2012/10/03/ca9-on-clear-error-ridor-v-holder.aspx). In People v. Clytus, Kari successfully argued that a trial court executing a suspended sentence for a probation violation after the effective date of the Criminal Justice Realignment Act, had no discretion to send to prison a defendant who qualifies under the Act to serve the sentence in county jail.
Greg Kalscheur has been appointed Senior Associate Dean for Strategic Planning and Faculty Development, College of Arts and Sciences, Boston College. He also serves as Chair, Academic Affairs and Enrollment Management Committee, Board of Trustees of St. Joseph's University (Philadelphia, PA).
Joe Liu attended the inaugural “Research Dean Schmooze,” at the University of Connecticut on Oct. 25 & 26. The roundtable conference of Associate Deans of Research was a terrific forum for exchanging ideas about how to promote research in law schools.
Dan Lyons wrote “The Impact of Data Caps and Other Forms of Usage Based Pricing for Broadband Access,” Mercatus Center Working Paper No. 12-27 (Oct. 2012).
Mary Ann Neary has been appointed one of the new members of the MCLE board of trustees.
David Olson was recently quoted in an Associated Press news story on the Faulkner Estate suing Sony Pictures and Northrop Grumman for the use of short quotes from Faulkner in a movie and a 4th of July ad, respectively. (http://www.cbsnews.com/8301-505245_162-57542380/faulkner-estate-sues-over-quotes-in-movie-ad/).
Regina Quinlan was appointed a Member of the Massachusetts State Ethics Commission by Secretary of State Willam Galvin. She was sworn in Tuesday, Oct. 30, 2012.
Diane Ring was elected to join the AALS Tax Section Steering Group. Diane was also invited to join the Council for the IFA- New England branch. (IFA is the International Fiscal Association – the largest global organization for tax).
Fran Sherman notes that a recent radio broadcast of “Morning Edition” contained a story about a report released yesterday by Georgetown Law School on girls in the juvenile justice system. The story came from a congressional briefing that Fran and others did or the Georgetown report release (Fran also participated in the writing of the report, her UCLA article was distributed at the briefing, and her work is quoted in the report).
David Wirth received an invitation to be guest editor for a special issue on Environmental Law for the journal Sustainability.
Mary Sarah Bilder has an article, How Bad Were the Records of the Constitutional Convention?, in the forthcoming September 2012 issue of the George Washington Law Review. The article is part of a symposium issue that will include a dialogue between Justice Scalia and Professor Manning on constitutional interpretation.
George Brown’s article on the Mehanna case, Notes from a Terrorism Trial, has been accepted for publication by the Harvard National Security Journal, a journal affiliated with the Harvard-Brookings Project on National Security.
Mike Cassidy’s article, Beyond Practical Skills: Nine Steps for Improving Legal Education Now, 53 B. C. L. Rev. 4 (2012), was recently published in the Boston College Law Review.
Frank Garcia’s co-edited book, Global Justice and International Economic Law: Opportunities and Challenges (with Chi Carmody and John Linarelli), came out this past April with Cambridge University Press. Cambridge also accepted his monograph on Global Justice and International Economic Law: Three Takes, due out next April.
Dan Kanstroom accepted an offer to publish his article, A Voteless Class of Litigants: Noncitizen Participation in the Polity, in the William and Mary Bill of Rights Journal(forthcoming 2012). He also wrote “Immigration Law: Current Challenges and the Elusive Search for Legal Integrity,” in Immigration Practice Manual (MCLE New England 2012).
Sanford Katz authored Adoption Laws in a Nutshell (with D. R. Katz), published by West Publishing. In addition, he authored a chapter, “Fifty Years in the Transformation of American Family Law: 1960-2011” in Fifty Years in Family Law: Essays for Stephen Cretney (Intersentia Pub., Rebecca Probert & Chris Barton, eds.).
Dan Lyons accepted an offer to publish his article Net Neutrality and Nondiscrimination Norms in the December 2012 issue of the Arizona Law Review. He also wrote a book chapter titled “Reforming the Universal Service Fund for the Digital Age,” which will appear this Fall in Communications Law and Policy in the Digital Age: The Next Five Years.
Ray Madoff finished a new edition of her book, Practical Guide to Estate Planning (CCH 2014).
Paul Tremblay and co-author Alicia Alvarez (Michigan) will complete, in November of 2012, the manuscript for their textbook on transactional clinical practice, to be published by West Law School Publishing.
Speeches and Presentations
Mary Sarah Bilder gave a talk, “James Madison and Constitutional Compromise,” at Faneuil Hall to the Yale Alumni Reunion over the summer.
Mark Brodin moderated a panel discussion on torture and indefinite detention at the Boston Playwright's Theatre on Friday, Sept. 22, following the production of Michael Meltsner's new play, “In Our Name: A Play of the Torture Years.” The panelists included two lawyers who have represented detainees at Guantanamo, Mark Fleming (Wilmer Hale) & Michael Mone, Jr. (Esdaile, Barrett, Jacobs & Mone), and Matthew Segal, Legal Director of the American Civil Liberties Union of Massachusetts.
Frank Garcia gave the keynote speech on the global economy for a conference by Primary Source on "Teaching for Global Understanding in the 21st Century," in July at their annual K-12 educators conference.
Dan Kanstroom gave a number talks based on his recently-published book, Aftermath: Deportation Law and the New American Diaspora (Oxford 2012). He gave a book talk on September 21, 2012, at the Harvard Book Store, Cambridge, MA; a book release, with commentary by Mary Waters (Harvard University) at Boston College; and a talk, “Aftermath,” on August 27, 2012 at the University of Amsterdam. He was also on NPR, The Takeaway: “How Effective is Deportation as Immigration Policy?” (July 5, 2012).
Sanford Katz has been invited to participate in a Festschrift for Michael Freeman, Professor Emeritus of English Law at University College, London. He will participate in a conference honoring Professor Freeman in July in London.
Dan Lyons presented a paper titled “The Dodd-Frank Act and the Administrative Law of Cooperative Federalism” at the Administrative Law of Dodd-Frank Workshop, Center for Business Law and Regulation, Case Western Reserve University Law School.
Ray Madoff spoke to the Rhode Island Bar Association at their annual meeting on the legal rights of the dead.
Judy McMorrow presented at the International Legal Ethics Conference, July 2012, in Banff, Canada, on “Lawyer Discipline in China,” reporting on empirical work from translations of disciplinary reports. She also presented on “Ethical Issues in Labor Arbitration” at the 12th Annual Conference of the New England Consortium of State Labor Relations Agencies, in Springfield, MA.
David Olson was an invited fellow at the University of Houston Law Center's Summer Institute for Intellectual Property & Information Law, in Santa Fe, New Mexico. This small, invitation-only, symposium consisted of five presenters and three fellows, and focused on the theme: “Pondering Patents: First Principles and Fresh Possibilities.” He also presented a working paper, “From Federal Common Law to Textualism: The Evolving Interpretation of Patent Cases,” at the Intellectual Property Scholars Conference, Stanford Law School in August 2012. Finally, he was invited to present at the University of New Hampshire's Franklin Pierce Center for IP's Symposium: “IP and the Constitution” on September 28-29, 2012. His presentation will address constitutional constraints on IP law, with a special focus on patent law.
Fran Sherman was the Featured Speaker and presented “Working with Adolescent Girls,” at the 13th Annual Juvenile Delinquency and Child Welfare Law Conference, Massachusetts Continuing Legal Education, Boston, MA, May 30, 2012. She also spoke on “Systemic Impediments to Girls’ Success,” at the Coordinating Council on Juvenile Justice and Delinquency Prevention, US Department of Justice, Office of Justice Programs, September 14, Washington DC. Finally, she has been invited to speak at the October 23rd Congressional Briefing on Georgetown Center on Poverty's report on girls in the juvenile justice system.
Paul Tremblay presented a workshop at Suffolk Law School in June on legal ethics, as part of the LSAC DiscoverLaw.org Prelaw Undergraduate Scholars (PLUS) Program, which is an intensive summer opportunity for undergraduate students to learn more about the practice of law and what it takes to become a successful law student. On September 29, 2012, Paul will serve as an instructor/facilitator at the Clinical Law Review Writers’ Workshop at NYU School of Law, where he will organize feedback for several works-in-progress on topics involving community economic development. On October 26, 2012, he will be a presenter at a conference at UCLA School of Law entitled “Honoring the Pioneers,” celebrating the retirement of several UCLA faculty members who have been instrumental in the development of clinical legal education.
Other News and Events
Hugh Ault was recently honored in September with a conference in his name, held in connection with the International Fiscal Association World Congress in Boston, at which tax experts from around the world discussed his work and influence. (http://www.hughault.com/).
Paulo Barrozo was elected to the editorial board of Revista de Direito Administrativo, one of the oldest and most prestigious scholarly law journals in Latin America.
Mary Sarah Bilder, in her words “continuing her efforts in the small but critical niche market of endorsements,” followed up on her recent blurbs for Paul Halliday's Habeas Corpus (Belknap Harvard) and Ellen Pearson's Remaking Custom (Virginia) by writing the lead blurb for R. Kent Newmyer's new book, The Treason Trial of Aaron Burr(Cambridge 2012).
Joan Blum notes that the Dean of the Law Faculty in Sarajevo has officially signed off on her proposal to teach a mini-course and to present to the Faculty on experiential learning next Spring.
Mike Cassidy has been doing pro bono work, consulting with the Hampden County District Attorney’s office on their ethical and legal responsibilities with respect to a twenty year old first degree murder case, and the prisoner’s post-conviction claims of actual innocence.
Frank Garcia was reappointed in June for three years to the AALS Special Advisory Committee on Global Initiatives. He also published his first blog post on the Huffington Post. (http://www.huffingtonpost.com/frank-j-garcia/innocence-of-muslims-protests_b_1912834.html).
Kent Greenfield published an essay, “Is the Anti-Muhammad Film Constitutionally Unprotected 'Fighting Words'?” on the Huffington Post. (http://www.huffingtonpost.com/kent-greenfield/is-the-antimuhammad-film-_b_1891345.html).
Dan Kanstroom announced that the Post-Deportation Human Rights Project (PDHRP) won a major legal victory in Garcia-Carias v. Holder, in which the U.S. Court of Appeals for the Fifth Circuit concluded (after many years of holdings to the contrary), that the “post-departure regulation” is invalid under “Chevron step one.” The case was argued by our outstanding staff attorney, Jessica Chicco, and a Boston College Law School alumnus, Ronaldo Rauseo-Ricupero, who was one of the first recipients of a Certificate from the Center for Human Rights and International Justice and is now an associate with Nixon Peabody LLP.
In addition, the PDHRP is drafting an International Convention on the Rights of Deportees. The Convention aims to create a framework within which state parties may adjust their existing immigration systems or create new ones to ensure that states’ legitimate interests in deportation are balanced against the fundamental human rights of deportees and their families.
Sanford Katz has been made a member of the Board of the Oxford Family Law and Policy Project. The House of Lords is presently studying the English adoption system.
Judy McMorrow was the Chair of the ABA Professional Responsibility 2012 Conference in May 2012, which brought over 400 lawyers, disciplinary counsel, and professors together to address current issues in legal ethics. She organized the Keynote panel on “Watergate: 40 Years and Not Yet History” (with former White House Counsels John Dean, Beth Myers, Richard Painter). She was also an organizer of the Association of Professional Responsibility Lawyers program at Yeditepe Law School, Istanbul, Turkey, on Global Lawyering and Legal Education, May 2, 2012. Finally, she is a member of the Fulbright Peer Review Committee, Council on International Exchange of Scholars, for 2013-14 Fulbright grants to China.
Fran Sherman was appointed to the Office of Juvenile Justice and Delinquency Prevention National Girls Institute Advisory Board in July, 2012.
David Wirth was invited to be series editor for the “Sustainability and Risk” Series, to be published by Anthem Press in London.
September 6, 2012
Mark Brodin published the Fourth Edition of his casebook Civil Procedure: Doctrine, Practice and Context (Aspen) (with Steve Subrin, Martha Minow, Thom Main, & Alexandra Lahav) this Summer. The Seventh Edition of Criminal Procedure: The Constitution & the Police (Wolters-Kluwer), co-authored with Bob Bloom, will be published this Fall. In addition, the Annual Update to the Handbook of Massachusetts Evidence (Wolters-Kluwer) (with Michael Avery) will be published this Fall. Finally, Mark’s article, Bush v. Gore: The Worst (or at least second-to-the-worst) Supreme Court Decision Ever, appeared this summer in the Symposium Issue of the Nevada Law Journal.
Brian Galle published The Tragedy of the Carrots: Economics & Politics in the Choice of Price Instruments, 64 Stanford L. Rev. 797 (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1918958) and accepted offers to publish Charities in Politics: A Reappraisal, William & Mary L. Rev., (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2055384), and Is Inside Debt Efficient? Theory and New Evidence from CEO Pensions and Deferred Compensation, J. Corporations L., (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2038528). Brian also recently posted on SSRN his draft, Myopia, Fiscal Federalism, and Unemployment Insurance : Time to Reform UI Financing, (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2031728).
Kent Greenfield’s book, the Myth of Choice, originally published in the U.S. by Yale University Press, was published in the U.K. by Biteback Publishing. In addition, he will be publishing The Stakeholder Strategy, in Democracy: A Journal of Ideas in September.
Dan Kanstroom recently published Aftermath: Deportation Law and the New American Diaspora (Oxford University Press 2012), available through Amazon.com at: http://www.amazon.com/Aftermath-Deportation-Law-American-Diaspora/dp/0199742723/ref=sr_1_2?ie=UTF8&qid=1339083286&sr=8-2
Joseph Liu accepted an offer to publish his paper, The New Public Domain, in the Illinois Law Review in the Spring of 2013. He was also asked to contribute a chapter on “Paracopyright,” in Intellectual Property at the Edge: The Contested Contours Of IP (Cambridge 2013) (Rochelle Cooper Dreyfuss & Jane Ginsburg, eds.).
Mary-Rose Papandrea’s article Social Media, Teachers, and the First Amendment, which was published in the North Carolina Law Review in June (as part of a symposium on social media), was selected as one of the best First Amendment articles of the year and will be published in West's First Amendment Handbook. This is the third time she has received this honor
Vlad Perju published Provocation: Law's Republics, 125 Harvard Law Review Forum 204-217 (2012); Proportionality and Freedom - An Essay on Method in Constitutional Law, in Journal of Global Constitutionalism 1 (2): 334-367 (2012); and "Constitutional Transplants, Borrowing and Migrations" in Oxford Handbook of Comparative Constitutional Law 1304-1327 (M. Rosenfeld & A. Sajo, eds., Oxford 2012).
Fran Sherman this summer published Justice for Girls: Are We Making Progress?, 59 UCLA L. Rev. 1584 (2012).
Speeches and Presentations
Tom Barnico spoke at Vermont Law School as part of a series entitled "Hot Topics in Environmental Regulation: Summer 2012 Brown-Bag Lecture Series." His topic was “Trade Agreements and State Governments: Continuing Threats to Sovereignty?" He also moderated a panel at the Dartmouth College reunions entitled "Election 2012: The American Mood." On the panel were: New York City Mayor Michael Bloomberg, Assistant Secretary of State for Economic Affairs Jose Fernandez, and Wall Street Journal Editorial Page Editor Paul Gigot.
Mark Brodin was invited to moderate a panel discussion at the Boston Playwrights’ Theatre on Sep. 21 following a production of Michael Meltsner's “In Our Name,” a powerful play dramatizing the use of torture at Guantanamo, raising the issues of legality, accountability & morality surrounding the practice.
Mary Ann Chirba and Alice Noble have been invited by The Heller School for Social Policy & Management at Brandeis University to deliver the 2012 Jonathan A. Guberman Lecture in Health Law and Policy, which will take place in October. In addition, Mary Ann has been invited to address the International Federation for Adipose Stem Cell Therapeutic Science in Quebec City, Canada.
Scott Fitzgibbon delivered a paper entitled "The Biological Basis for the Recognition of the Family" at a conference in Doha, Qatar in June. The Conference was entitled "The Extended and Extending Family" and was sponsored by the Doha International Institute for Family Studies and Development and by the International Academy for the Study of the Jurisprudence of the Family.
Brian Galle presented “Is Inside Debt Efficient?” at the American Law & Economics Association Annual Meeting, Stanford Law School, May 2012; “Carrots, Sticks, and Salience,” at the Columbia Center for Transactional Studies Tax Policy Workshop, July 2012; and “Does Stakeholder Outrage Constrain Executive Compensation? Evidence from University President Pay,” at the Workshop on Research Design for Causal Inference, Northwestern law School, August 2012
Kent Greenfield will be speaking at the Southern Festival of Books in Nashville in October, and at the faculty colloquium at York University in Toronto in October.
Mary-Rose Papandrea has been invited to participate in an international colloquium on national security and transparency at the University of Copenhagen in October. She has also been invited to attend a colloquium for seven of the nation's top junior and mid-level First Amendment scholars, to be held in March at Washington University.
Vlad Perju presented "Comparative Law in the Twenty-First Century," at the Law Schools Global League Conference in Tilburg Law School, Netherlands on June 2012.
Other News and Events
Joan Blum was in Sarajevo over the summer, consulting with the war crimes chamber of the State Court in Bosnia, under the auspices of the Office of Overseas Prosecutorial Development and Training (OPDAT) within the US Department of Justice. While there, she also conducted a training program in judicial opinion writing for about 50 judges of the two Entities that exist within the State, the Federation of Bosnia and Herzegovina and Republika Srpska.
Brian Galle was quoted in Politico, (http://www.politico.com/news/stories/0712/78091.html) and NPR, (http://www.npr.org/2012/07/08/156466010/congress-big-stick-just-got-a-little-shorter) on the U.S. Supreme Court’s decision in the health care cases. For his amicus brief on the taxing power, see http://aca-litigation.wikispaces.com/file/view/Constitutional+Law+Scholars+amicus+%2811-398%29.pdf.
Dan Kanstroom published an op-ed in the New York Times, titled “Deportation Nation,”
He also published an article in Salon, titled “Deportation Laws Destroy Lives,”
Ray Madoff was recently on both Radio Boston and Talk of the Nation, discussing the proposal for Massachusetts to adopt a descendible right of publicity.
Laura Murray-Tjan reports that over the summer, the immigration clinic won a U visa for a 26-year old Dominican woman who the victim of horrific abuse. Jessica Swensen and Beth Zilberman prepared the application as 2Ls. The application was approved many months later, and the client now has work authorization, a job, and a new life.
Vlad Perju was appointed Director of the Clough Center for the Study of Constitutional Democracy, at Boston College. Vlad co-authored "Separating Law and Politics in Romania," with Kim Lane Scheppele of Princeton University. http://krugman.blogs.nytimes.com/2012/07/12/guest-post-separating-law-and-politics-in-romania/. Vlad also published many articles on the Romanian constitutional crisis. http://www.contributors.ro/author/vlad-perju/ (in Romanian)
Vince Rougeau recently was on WBUR’s Radio Boston, discussing the current state of legal education.
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