GW Magazine nameplate
GW LAW BRIEFS: Faculty File


Paul Butler’s work on jury nullification is excerpted, and replied to by six legal scholars, in Criminal Law Conversations, a new book from Oxford University Press that presents popular versions of seminal criminal law scholarship.

Steve Charnovitz co-authored the book Global Warming and the World Trading System and spoke at a book launch at the Peterson Institute for International Economics in March. He also wrote an essay on U.S. protectionism for a volume of essays released at a side event to the G20 London Summit and an essay titled “An Introduction to the Trade and Environment Debate,” published in the Handbook on Trade and the Environment (Edward Elgar, 2009).

Brad Clark published “Process-Based Preemption” as a chapter in Preemption Choice: The Theory, Law, and Reality of Federalism’s Core Question (Cambridge University Press, 2009).

Charlie Craver’s article “Negotiation Ethics for Real World Interactions” has been accepted for publication in the Ohio State Journal on Dispute Resolution, and his article “How to Make the Much Needed Employee Free Choice Act Politically Acceptable” has been accepted for publication this summer in the Labor Law Journal.

Lawrence Cunningham published an op-ed piece in The New York Times in March titled “AIG’s Bonus Blackmail.” He has two forthcoming scholarly articles, “Treatment Differences and Political Realities in the GAAP-IFRS Debate,” 95 Virginia Law Review with William Bratton and “The New Federal Corporate Law?” 77 George Washington Law Review.

Roger Fairfax’s edited volume, Grand Jury 2.0: Modern Perspectives on the Grand Jury, will be published by Carolina Academic Press in 2009.

Phyllis Goldfarb’s book review, American Ways of Death, will be published in 27 Law and History Review in fall 2009. She also wrote a book review of Charles J. Ogletree Jr. and Austin Sarat’s From Lynch Mobs to the Killing State: Race and the Death Penalty in America (2006).

The fourth edition of Laird Kirkpatrick’s hornbook on Evidence (with Christopher Mueller) was published in April by Aspen Legal Publishers in a hardbound edition for lawyers and libraries and a softbound edition for students. His article “Nontestimonial Hearsay After Crawford, Davis and Bockting” has been reprinted as a book chapter in Hearsay Evidence: Limits and Limitations (2008).

Cynthia Lee published “The Gay Panic Defense” in 42 UC Davis Law Review. The second edition of her casebook (with Angela Harris) Criminal Law: Cases and Materials was published in April by Thomson/West Publishing Co. Her work titled “Reasonable Provocation and Self-Defense: Recognizing the Distinction Between Act Reasonableness and Emotion Reasonableness” was selected for publication as a chapter in the forthcoming book, Criminal Law Conversations (Oxford University Press). Her work titled, “Hate Crimes and the War on Terror,” will be published this year by Greenwood Publishing Co. as a chapter in a five-volume treatise, Hate Crimes: Perspectives and Approaches

Ira Lupu and Bob Tuttle co-authored “Courts, Clergy, and Congregations: Disputes Between Religious Institutions and Their Leaders” forthcoming in Georgetown Journal of Law & Public Policy, 2009.

Gregory E. Maggs and Peter J. Smith published a new casebook, Constitutional Law: A Contemporary Approach
(West, 2009).

Gregory E. Maggs published “A Concise Guide to the Records of the State Ratifying Conventions as a Source of the Original Meaning of the United States Constitution,” 2009 University of Illinois Law Review 457.

Sean Murphy published International Law: Cases and Materials (5th ed., 2009) with Damrosch, Henkin, & Smit.

Steve Schooner’s article, “Why Contractor Fatalities Matter,” appeared in the autumn 2008 issue of the Army War College’s journal, Parameters. He also co-authored a commentary piece, “Achieving Effective Reform,” in an April issue of Federal Times.

Michael Selmi recently published “The 2007-08 term: “The Government Changes Its Tune and the Supreme Court Takes a Pragmatic Turn” in the Employee Rights and Employment Policy Journal, and his article “The Price of Discrimination: The Nature of Class Action Employment Discrimination Litigation and Its Effects,” was reprinted in Employment Class and Collective Actions (Kluwer, 2009). His remarks on the future of low wage workers made at a conference held at the University of North Carolina were published in the Georgetown Journal on Poverty Law and Policy.

Peter J. Smith’s book with Gregory Maggs, Constitutional Law: A Contemporary Approach, was released by West Publishing. An online version of the book is also available. Smith’s article with Tom Colby, “Living Originalism,” will appear in 59 Duke Law Journal. Smith presented the paper at the USC Conference on Constitutional Theory in April.

In early 2009, Daniel Solove published new editions of his casebooks, Information Privacy Law and Privacy, Information, and Technology with Paul Schwartz. He also published a new casebook, Privacy and the Media with Paul Schwartz. All casebooks are published by Aspen Publishers. His book chapter, “The New Vulnerability: Personal Information and Data Security,” was published in Securing Privacy in the Information Age (Stanford University Press, 2008). He also wrote the preface to William J. Cuddihy’s book, The Fourth Amendment: Origins and Original Meaning: 602-1791 (Oxford University Press, 2008).

West has published new editions of two Nutshells by Andy Spanogle. In October, it published the 8th edition of International Business Transactions in a Nutshell, and in December the 4th edition of International Trade and Economic Relations in a Nutshell.

Amanda Tyler published “Suspension as an Emergency Power” in 118 Yale Law Journal.

Art Wilmarth’s article, “The Dark Side of Universal Banking: Financial Conglomerates and the Origins of the Subprime Financial Crisis,” was published in the May 2009 issue of the Connecticut Law Review.

Chris Yukins, together with student Sandeep Verma, published an article on anti-corruption strategies in U.S. procurement in International Public Procurement: A Guide to Best Practices. He presented a paper on cooperative procurement policy in the face of the economic crisis at the Thomson West Government Contracts Year in Review conference, and, with Steve Schooner, he co-authored two pieces arguing against protectionism in procurement in the current economic storm.

Awards & Honors

Michael Matheson was elected to the editorial board of the American Journal of International Law.

Chris Yukins was named to the ABA Public Contract Law Section’s governing council.


Let’s Get Free: A Hip-Hop Theory of Justice

In May, Paul Butler kicked off a national speaking tour for his first book, Let’s Get Free: A Hip-Hop Theory of Justice, at D.C.’s Busboys & Poets. Butler is a former federal prosecutor now dedicated to reforming the criminal justice system. In Let’s Get Free, he lays out his powerful ideas for reform, weaving in his own experiences, ideas, and critiques from hip-hop culture. Here, he signs a copy for his former student, Nancy Craig, JD ’06.

In February, Steve Charnovitz gave a work in progress presentation at Georgetown Law School on international trade and climate. In March, he moderated a panel on trade and climate change at the annual meeting of the American Society of International Law and served on a panel at a conference on climate change sponsored by the Embassy of Sweden. He also participated in a roundtable with Australia’s climate minister. In April, he participated in a workshop on the WTO Doha Round at the German Marshall Fund and participated in a workshop at the Treasury Department on climate-related taxes.

Brad Clark presented “The Federal Common Law of Nations” at Georgetown University Law Center in April and at the International Law in Domestic Courts Interest Group of the American Society
of International Law at Temple Law School in December.

Jessica L. Clark presented “Role Playing Meets Peer Editing in the Legal Writing Classroom” at the 2009 Rocky Mountain Legal Writing Conference at the Arizona State University Sandra Day O’Connor School of Law.

In March, Charlie Craver moderated two sessions on lifestyle behaviors and relationships in employment for the 13th annual Corporate Counsel Institute hosted by the Georgetown Law Center. In April, he made a presentation on international negotiation to a group of transnational lawyers in New York City, and he made a presentation titled “Negotiation Ethics” at a conference on negotiation at Harvard.

Lawrence Cunningham presented “The Three or Four Approaches to Financial Regulation,” a paper co-authored with David Zaring, for a faculty workshop at the University of Miami Law School in February and for a student workshop at GW sponsored by the Corporate and Business Law Society. Along with several GW colleagues, he co-hosted the Law School’s conference, “The Panic of 2008,” in early April and moderated a panel at the event. He also performed in the Law School’s annual Law Revue musical production in March and served as an auctioneer at its annual Equal Justice Foundation auction in April.

Roger Fairfax presented a paper on grand jury innovation at the Fordham Law School Criminal Law Workshop. He was a co-presenter on criminal case mediation at the ABA Section of Dispute Resolution Legal Educators Colloquium sponsored by Columbia University Law School. Fairfax served as an adviser to the Obama-Biden transition team Department of Justice agency review.

Phyllis Goldfarb gave a presentation in November 2008 titled “Intersections of Race and Death” examining the ways that the death penalty, like lynching, is a practice that has participated in giving meaning to the concept of race in America. In April, she gave a presentation titled “Student Practice Rules and Transactional Clinics” and moderated a panel titled “Ethical Considerations in Intellectual Property and Small Business Clinics” at the 8th Annual Transactional Law Clinic Conference and Workshop, held at the Law School and co-hosted by the Glushko-Samuelson Intellectual Property Clinic of the American University Washington College of Law and GW’s Small Business and Community Economic Development Clinic. Goldfarb designed and implemented an electronic uniform clinic application system for all of the clinics, which was successfully unveiled in March and will continue to be used each semester. She developed the first GW clinical program newsletter, Clinical Perspectives. In May, she gave a presentation titled “Filmmaking as an Advocacy Tool in Clinical Legal Education,” at the AALS Conference on Clinical Legal Education in Cleveland.

Tanya Hernandez attended the Critical Race Theory 20th Anniversary Conference at the University of Iowa in April and was part of a panel presentation “Celebrating the 45th Anniversary of the Civil Rights Act: Where Do We Go From Here?” In March, she participated in the University of Virginia Legal History Faculty Workshop and presented “The Role of the State in the Regulation of Race in Post-Emancipation Latin America: the Brazil Case Study.” In February at the American Bar Association’s mid-year meeting in Boston, she presented the paper “Employment Discrimination in the Ethnically Diverse Workplace—the Role of Institutional Racism.” In February, she gave the Center for Social Justice and Public Service Spring Diversity Lecture “Employment Discrimination in the Age of Diversity,” at Santa Clara University Law School.

Carol Izumi gave a presentation on criminal case mediation at the ABA Section of Dispute Resolution conference in New York City on April 18. Izumi also co-facilitated the three-hour “Shop Talk” forum for mediation teachers as part of the Legal Educators Colloquium at the conference.

Sarah Lawsky made the following presentations: “Dynamic Drafting: A Tax Code Case Study,” at the University of Michigan Law School Tax Policy Workshop, and Indiana University Maurer School of Law-Bloomington Tax Policy Colloquium, both in February; “Baby Tax,” at The George Washington University Law School Baby Markets Roundtable in April; and, in June, “On the Edge: Declining Marginal Utility and Tax Policy,” at the Junior Tax Scholars Conference.

In January, Ira Lupu and Bob Tuttle made a presentation on the Bush and Obama faith-based partnership plans at the annual meeting of the AALS in San Diego. Lupu also made a presentation on the Obama Administration’s plans for faith-based partnerships in a panel on that subject at Georgetown University in April. Lupu did a Web-published Q & A on faith-based hiring by government grantees, available on the Web site of the Pew Forum on Religion and Public Life. 

Gregory E. Maggs presented a paper in March at the New York University Law School titled “Which Original Meaning of the Constitution Matters to Justice Thomas.” In February, he spoke at the Judge Advocates Association’s American Inn Court on “The Consequences of the Supreme Court’s decision in Boumediene v. Bush.” Maggs, a reserve judge on the U.S. Army Court of Criminal Appeals, heard oral argument in a case at the Harvard Law School as part of the court’s public outreach program.

Steve Schooner had breakfast with government contracts alumni before his presentation at the 2008 Air Force JAG Corps’ Keystone Conference at the Gaylord Convention Center at the National Harbor, an urban-waterfront community along the Potomac River in Prince George’s County, Md. The Keystone leadership summit annually brings together more than 700 judge advocates, civilian attorneys, and paralegals to focus on evolving issues relevant to the Air Force legal community.

Michael Matheson testified before the House Foreign Affairs Committee in November 2008 on the agreement with Iraq on the future presence of U.S. forces. He was interviewed on Federal News Radio in November on the U.S.-Iraq agreement. He gave presentations on U.S. cooperation with the International Criminal Court to the Organization of American States in December 2008 and on preemptive self-defense to the Council on Foreign Relations in April. Matheson took part in judging the national semifinals of the National Security Law Moot Court Competition at the Law School in February. He led a group of GW Law students in a visit to the State Department Legal Adviser’s Office in March.

Sean Murphy spoke in March on “The Conception of International Law” at the American Society of International Law annual meeting. At the ABA Section on International Law Spring Meeting held in April, he spoke on the pending Georgia/Russia case before the International Court of Justice and chaired a panel on recent amendments to the Foreign Sovereign Immunities Act. In May, he lectured at the University of Göttingen in Germany on U.S. foreign relations law, as well as participated in a Department of Defense one-week peer review of a draft DOD law of war manual in Charlottesville, N.C.

Peter Raven-Hansen briefed and argued an opposition to a motion to dismiss Julin v. Chiquita Brands Intl., a damages action in federal court under the Anti-Terrorism Act against Chiquita for providing material support to FARC, a Colombian terrorist group that kidnapped and murdered the plaintiffs’ missionary spouses. He assisted the Moot Court Board in putting on this year’s National Security Moot Court competition in February, in which 24 schools participated, and moderated a National Security Law Careers Panel for the National Security Law society in March. He helped organize a “Terror Prosecution Workshop” of judges, prosecutors, and defense lawyers held in April by the ABA Standing Committee on Law and National Security, for which he serves as an advisory member.

In February, Steve Schooner presented “Reducing Corruption Risks in Defense Contracts: The Challenges of Offset Agreements” at the NATO Conference on Building Integrity and Defense Institution Building, in Monterey, Calif. Also in February, he presented “Not Your Father’s Battlefield: Outsourcing Policy and Representative Democracy,” at the Robert S. Strauss Center for International Security and Law, University of Texas, in Austin.

In March, Daniel Solove gave the keynote address at MedStar’s 3rd annual Privacy and Information Security Roundtable. He was a panelist at a conference titled “Speech, Privacy, and the Internet” at the University of Chicago Law School. He was a panelist at the AALS annual meeting in San Diego about interdisciplinary legal scholarship.

Bob Tuttle presented “Courts, Clergy, and Congregations: Disputes between Religious Institutions and Their Leaders” at a conference at Emory University in March.

Art Wilmarth presented a paper titled “Financial Conglomerates and the Subprime Lending Crisis” at the University of Connecticut School of Law in November and at a “Hot Topics” panel discussion at the annual meeting of the Association of American Law Schools in January. In April, Wilmarth presented a second paper, titled “Reforming Financial Regulation to Control Systemic Risk” at GW Law School’s “Panic of 2008” symposium and at the University of Connecticut School of Law’s conference on “Remaking Financial Services Regulation.” He was the primary drafter of an amicus brief filed in the U.S. Supreme Court in March on behalf of state banking regulators in Cuomo v. Clearing House, L.L.C. (No. 08-453).

Earlier this year, Chris Yukins moderated panels on international and comparative public procurement law at the Thomson West Government Contracts Year in Review conference in February and at the American Bar Association/Public Contract Law Section quarterly meeting in March. Yukins addressed a D.C. Bar conference on procurement reform in March. On the same day he appeared telephonically before the Illinois Reform Commission, which is studying how to reform Illinois’ procurement system in the wake of the Blagojevich scandals. In February, he attended a weeklong working group meeting at U.N. headquarters in New York, to discuss reform of the UNCITRAL model procurement law; that effort will wrap up in July. Yukins briefed a visiting Chinese government delegation on the U.S. procurement system in April, and in June addressed conferences on public procurement in Boise, Idaho, and Tunis, Tunisia.