Faculty File

News Briefs From Around The Law School

Publications

Jerrome Barron and Tom Dienes published the 2007 Cumulative Supplement to their casebook Constitutional Law: Principles and Policy (7th ed.; LexisNexis, 2006).

Neil H. Buchanan has published two law review articles: “Social Security and Government Deficits: When Should We Worry?” in volume 91 of the Cornell Law Review, and “Is It Sometimes Good To Run Budget Deficits? If So, Should We Admit It (Out Loud)?” in Volume 26 of the Virginia Tax Review. His editorial, “Is it Really So Tough to Be Rich? The New, Brazen, and Completely Dishonest Attack on Progressive Taxation,” was published in April in the online legal periodical Findlaw’s Writ. His forthcoming article, “How Realistic is the Supply/Demand Equilibrium Story? A Simple Demonstration of False Trading and its Implications for Market Equilibrium,” will appear in the Journal of Socio-Economics.

Steve Charnovitz participated in the Journal of International Economic Law’s 10-year anniversary symposium on the Future of International Economic Law. Charnovitz’s essay is on “The WTO’s Environmental Progress.” He also contributed a chapter on two provisions in the Agreement on Sanitary and Phytosanitary Measures for a treatise on WTO law organized by the Max Planck Institute for Comparative Public Law and International Law. He also wrote a book review of Hal Shapiro’s book, Fast Track: A Legal, Historical, and Political Analysis, which was published in the Journal of International Economic Law.

Lawrence Cunningham has three forthcoming articles: “Securitizing Audit Failure Risk: An Alternative to Caps on Damages,” in volume 49 of William & Mary Law Review; “Beyond Liability: Rewarding Effective Gatekeepers,” in volume 92 of Minnesota Law Review; and “A Prescription to Retire the Rhetoric of ‘Principles-Based Systems’ in Corporate Law, Securities Regulation, and Accounting,” in volume 60 of Vanderbilt Law Review.

Roger Fairfax’s article, “Grand Jury Nullification and Constitutional Design” is forthcoming in volume 93 of the Cornell Law Review. Fairfax’s article, “Harmless Constitutional Error and the Appellate Subversion of the Jury,” will be published in volume 76 of the Fordham Law Review.

Phyllis Goldfarb’s article “So Near and Yet So Far: Dreams of Collaboration Between Clinical and Legal Writing Programs,” will be published in the Journal of the Association of Legal Writing Directors in December 2007.

Gregory E. Maggs has published “A Complaint about Payment Law under the U.C.C.: What You See is Often Not What You Get,” 68 Ohio St. L.J. 201 (2007); “How the United States Might Justify a Preemptive Strike on a Rogue Nation’s Nuclear Weapon Development Facilities under the U.N. Charter,” 57 Syracuse L. Rev. 465 (2007); “Report Concerning the United States of America, in La Confiance Légitime et L’Estoppel” (Bénédicte Fauvarque-Cosson, ed., 2007); and “2007 Supplement to Terrorism and the Law: Cases and Materials” (Thomas-West).

Michael Matheson’s “The Fifth-Eighth Session of the International Law Commission” appeared in 101 American Journal of International Law 407 (2007).

Arnold Reitze published “Controlling Greenhouse Gas Emissions From Mobile Sources,” Massachusett v. E.P.A. XXXVII Envtl L. Rep. 10535 (July 2007); “Is the Clean Air Act Turning Oil Addicts Into Alcoholics?” 24 Envtl Forum 4:50 (July/ Aug. 2007); with Andrew J. Harrison, “Adjacency from Riverside Bayview to Rapanos,” 22 Nat. Res. & Env’t 1:17 (Summer 2007).

Michael Selmi published the supplements for the casebooks Work Law (Lexis) and Civil Rights Litigation in September. His book chapter, “Contemporary Sex Discrimination: It is Not All Subtle,” was published in Behavioral Analyses of Workplace Discrimination. His essay, “The Work Family Conflict: An Essay on Employers, Men, and Responsibility,” will appear in November in a symposium issue of the St. Thomas Law Journal.

Jonathan Siegel’s article, “A Theory of Justiciability,” will appear in the November 2007 issue of the Texas Law Review. His article, “Judicial Interpretation in the Cost-Benefit Crucible,” will appear in the upcoming December issue of the Minnesota Law Review. Siegel’s forthcoming review of David L. Hudson, Jr.’s “The Rehnquist Court” will be published in Political Science Quarterly. His short piece, “Bobblehead Justice,” was published in the spring 2007 issue of The Green Bag.

Daniel Solove published The Future of Reputation: Gossip, Rumor, and Privacy on the Internet with Yale University Press in October 2007. He also published “Privacy’s Other Path: Recovering the Law of Confidentiality” (with Neil M. Richards) in the Georgetown Law Journal. Earlier in 2007, Solove published “The First Amendment as Criminal Procedure” in the New York University Law Review.

Art Wilmarth’s article, “Wal-Mart and the Separation of Banking and Commerce,” was published in the May issue of the Connecticut Law Review. Wilmarth published two op-ed essays on bank regulation in the June 1 and Aug. 10 issues of American Banker.

Honors

Maeva Marcus was inaugurated in October as the president of the American Society for Legal History at the annual conference in Tempe, Ariz. She will serve as president of the society for two years.

Activities

Neil Buchanan presented his forthcoming article, “What Do We Owe Future Generations?” at the Critical Tax Theory conference at UCLA, the Junior Tax Scholars conference at Boston University, the Law & Society Association meetings in Berlin, the Harvard Law School workshop on Current Research in Taxation, the University of Toronto’s Tax Law and Policy workshop, and the GW Works-in-Progress workshop.

Steve Charnovitz participated in Journal of International Economic Law’s 10-year anniversary symposium on the Future of International Economic Law where he presented his essay, “The WTO’s Environmental Progress.” Charnovitz presented his paper on WTO accession at a seminar at Georgetown Law School in April. In May, he gave a presentation on trade and the environment for the World Bank Institute at Columbia University. In June, he participated in an experts group on the WTO Doha Round sponsored by the Centre for International Governance Innovation. The experts met in Waterloo, Canada. In July, he gave a talk on U.S.-Korea trade to a group of visiting judicial trainees at GW Law School.

Lawrence Cunningham hosted a discussion for students on corporate law at the Law School, sponsored by the Corporate and Business Law Society, in September. He presented a paper on international financial accounting standards at a conference at the University of Maryland in October. Cunningham moderated a panel on corporate law and accounting at New York University’s Empirical Legal Studies conference in November.

Roger Fairfax presented a paper, “Procedural Legality and Structural Error,” at the Mid-Atlantic Criminal Law Research Collective at Georgetown University Law Center in May, and at the Law & Society Annual Meeting at Humboldt University in Berlin, Germany. He participated in a panel on grand jury reform at the National Association of Criminal Defense Lawyers Annual Executive Committee Retreat in Washington, D.C. Fairfax gave a talk on alternative dispute resolution in criminal cases as part of the “Criminal Procedure: New Challenges, New Ideas” panel at the Southeastern Association of Law Schools Annual Meeting. Fairfax presented his paper, “Harmless Constitutional Error and the Appellate Subversion of the Jury,” at the William & Mary School of Law.

Phyllis Goldfarb’s interview on “shaming penalties” in American criminal justice was aired on Swiss television. Goldfarb was also interviewed by NPR concerning victim credibility issues in battered women’s self-defense cases. She served on the faculty of an advanced training program for death penalty litigators held at Cornell University’s Law School. Goldfarb also gave two presentations on “Narrative Strategies for Habeas Corpus Lawyers” at a program sponsored by the federal Office of Defender Services, part of the Administrative Office of the U.S. Courts.

Jamie Grodsky spent the latter part of summer 2007 as a visiting scholar at the Woods Hole Oceanographic Institution in Woods Hole, Mass., where she conferred with leading climate scientists as part of a new project on climate change.

Gregory E. Maggs spoke at the Hudson Institute on “The Recurring Source of Disputes about the Legality of Information Gathering in the War on Terror—and How to Address It.”

Michael Matheson served as director of studies on international humanitarian law at the Hague Academy of International Law. He participated in the semiannual meeting of the U.S. State Department Advisory Committee on Public International Law, and in a panel at the American Enterprise Institute on American Law and the Decisions of International Tribunals.

Joan Meier was thrilled that in June DV LEAP received a powerful appellate victory in the D.C. Court of Appeals in a case concerning child sexual abuse. The decision is the first to construe D.C.’s statute governing visitation of children with batterers. Meier also delivered a requested presentation at the AALS Family Law Workshop in Vancouver in June, on “Defining Domestic Violence: Has Johnson’s Typology Resolved the Gender Debate?”

Arnold Reitze was interviewed concerning Massachusetts v. EPA on the radio program www.MyTechnologyLawyer.com on Sept. 14.

Joan Schaffner spoke at an international conference titled “The Relationship between Animal Abuse and Human Violence” at Keble College in Oxford, England, hosted by the Oxford Centre for Animal Ethics in September 2007.

Michael Selmi participated in the annual EEO Conference held jointly by the Cornell School of Hotel Management and Cornell Law School in May 2007. In September, he presented the paper, “Downsizing Employment,” at the Second Annual Labor and Employment Law Colloquium, held jointly by the University of Denver and University of Colorado Law Schools.

Jonathan Siegel addressed the “2007 Summit” of the Appellate Judges Educational Institute on the topic of statutory interpretation in September 2007. Siegel is spending the fall term volunteering as a fellow in the office of U.S. Sen. Amy Klobuchar of Minnesota.

Daniel Solove presented “‘I’ve Got Nothing to Hide’ and Other Misunderstandings of Privacy” at a conference at University of San Diego Law School in April. In June, Solove participated in a privacy workshop at U.C. Berkeley Law School, and he presented “Data Mining and the Security-Liberty Debate” at a conference at the University of Chicago Law School.

Art Wilmarth testified at a hearing on abusive credit card practices before the House Subcommittee on Financial Institutions and Consumer Credit in April. Wilmarth presented a paper via Webcast on federal preemption to the Legal Seminar sponsored by the Conference of State Bank Supervisors.

Bishop of Liverpool James Jones and Professor Dinah L. Shelton Claire Duggan Faith, Rights, and the Human Dimension of Climate Change GW Law, the Embassy of the Maldives, and the British Embassy sponsored a half-day discussion on climate change featuring, among others, James Jones, the Bishop of Liverpool. Professor Dinah Shelton explored human rights dimensions of the topic.