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GW LAW BRIEFS: Faculty File


Michael Abramowicz and John Duffy published “Intellectual Property for Market Experimentation,” 83 N.Y.U. Law Review 337 (2008). They have also jointly received a three-year grant from the Kauffman Foundation to study “Law, Innovation and Growth.”

Jerry Barron published “Access Reconsidered” in Vol. 76 of The George Washington Law Review. The article was part of a symposium on access to the media. He and Tom Dienes also published the 4th edition of First Amendment Law in a Nutshell (ThomsonWest) in October. In September, Jerry Barron, Tom Dienes, Martin Redish, and Wayne McCormack published the 2008 supplement to their casebook Constitutional Law: Principles and Policy 6th ed. (Lexis Nexis, 2006).

Christopher Alan Bracey published Saviors or Sellouts: The Promise and Peril of Black Conservatism, From Booker T. Washington to Condoleezza Rice (Beacon Press, 2008). The book will be released in paperback in February 2009. Additional forthcoming publications include The Dred Scott Case: Historical and Contemporary Perspectives on Race and Law with D. Konig and P. Finkelman (Ohio University Press, 2009) and “A Partial Defense of the Race Card,” 5 Stanford J. C.R. & C.L. (2009).

Naomi Cahn published “Towards a Typology of Corporate Responsibility in Different Governance Contexts: What to Do in the Absence of Responsible Country Governance,” 39 Geo.  J. Intl. L. 655. The article was co-written with Anthony Gambino.

Steve Charnovitz wrote an essay, “Revitalizing the U.S. Compliance Power,” for the Agora sponsored by the American Journal of International Law on the Supreme Court’s decision in the Medellin case. The Agora was published in the July 2008 issue. He also wrote three book reviews. The first, of Professor Nielsen’s book The WTO, Animals and PPMs, was published in International Trade Law and Regulation. The second, of Michael Mussa’s edited volume C. Fred Bergsten and the World Economy, was published in the World Trade Review.  The third, of the WTO “Handbook on Accession to the WTO,” was published in the World Trade Review.

Brad Clark and Anthony J. Bellia Jr. of Notre Dame co-authored an article titled “The Federal Common Law of Nations.”  The article was published in the January 2009 issue of the Columbia Law Review.

Robert J. Cottrol co-authored a chapter, “Public Safety and the Right to Keep and Bear Arms,” in The Bill of Rights in Modern America: Revised and Expanded Edition, edited by David J. Bodenhamer and James W. Ely (Indiana University Press, 2008). He also worked on several amicus briefs supporting respondent Richard Heller in the landmark Second Amendment case District of Columbia v. Heller and was co-counsel on the amicus brief filed by the Congress of Racial Equality.

Lawton Cummings has a forthcoming article titled “Globalization and the Evisceration of the Corporate Attorney-Client Privilege: A Re-Examination of the Privilege and a Proposal for Harmonization,” 76 Tenn. L. Rev. (2008).  She presented the paper at the Southeastern Association of Law Schools’ annual meeting.  She also served as a legal analyst for the Fox News Channel.

Jack Friedenthal, with his writing colleagues, published a 2008 revised 9th edition of his casebook Civil Procedure: Cases and Materials, along with the 2008 supplement. He also published the 7th edition of Civil Procedure Sum and Substance.

Phyllis Goldfarb has written several publications, including “Dreams of Collaboration Between Clinical and Legal Writing Programs,” 4 Journal of the Association of Legal Writing Directors 35 (2008); and “Pedagogy of the Suppressed: A Class on Race and the Death Penalty,” 31 NYU Journal of Law & Social Change 547 (2007). She has submitted for publication a book review of Charles J. Ogletree Jr. and Austin Sarat from Lynch Mobs to the Killing State: Race and the Death Penalty in America. The book review will be published in a 2009 issue of the Law & History Review.

Jamie Grodsky published Genomics and Environmental Regulation: Science, Ethics, and Law (Johns Hopkins University Press, 2008). The book examines social, scientific, legal, and ethical issues raised by the use of new genomic data in environmental regulation.

Susan L. Karamanian wrote two book reviews. One review focused on Fredric L. Kirgis’ The American Society of International Law’s First Century: 1906-2006, 102 American Journal of International Law 384 (2008), and the other was on International Economic Law: The State and Future of the Discipline (Colin B. Picker, Isabella D. Bunn & Douglas W. Arner eds., 2008), 18 Law and Politics Review 942 (2008).

Laird Kirkpatrick, with his co-author, has completed a new edition of Evidence, a hornbook for law students, as well as a new edition of Evidence: Practice Under the Rules, a one-volume treatise for lawyers and judges. Both books are published by Aspen Legal Publishers and will be released in early 2009.

Sarah Lawsky wrote the forthcoming article “Probably? Understanding Tax Law’s Uncertainty,” 157 U. Penn. L. Rev. (2009).

Cynthia Lee’s article “The Gay Panic Defense” will be published in Volume 42 of the UC Davis Law Review. Her work titled “Hate Crimes and the War on Terror” will be published by Greenwood Publishing Company as a chapter in Hate Crimes: Perspectives and Approaches [5 volumes] edited by Barbara Perry. 

Chip Lupu and Bob Tuttle have co-authored the following publications: “Government Partnerships with Faith-Based Organizations: A Final Report on Legal Developments,” The Roundtable on Religion and Social Welfare Policy, Nelson A. Rockefeller Institute of Government, SUNY (December 2008); “The Faith-Based and Community Initiative: Constitutional Change and Responsibilities of Governance” in Innovations in Effective Compassion, a compendium of research papers presented at the Faith-Based and Community Initiatives Conference on Research, Outcomes, and Evaluation (2008); and “The Cross at College: Accommodation, Acknowledgment, and Religion at Public Universities,” 16 William & Mary Bill of Rights Journal 939 (2008), in Symposium, the First Amendment on Campus.

Gregory Maggs has published the 2008 supplement to his textbook Terrorism and the Law. He also has published “Assessing the Legality of Counterterrorism Measures Without Characterizing Them as Law Enforcement or Military Action,” 80 Temple L. Rev. 661 (2008).

Michael Matheson’s review of “The International Struggle over Iraq” appeared in 102 Am. Journal of International Law 687 (2008). His article on “The New International Humanitarian Law and Its Enforcement” will appear in a publication of the Hague Academy of International Law, and his presentation on “Oceans in a Nuclear Age: Security Concerns of the United States” will appear in a publication of the Law of the Sea Institute of the University of California.

Dalia Tsuk Mitchell’s article “Transformations: Pluralism, Individualism, and Democracy” was published this fall in the collection Transformations in American Legal History: Essays in Honor of Professor Morton J. Horwitz. Her article “Status Bound: The 20th-Century Evolution of Directors’ Liability” is forthcoming in the NYU Journal of Law and Business.

Sean Murphy’s article “Criminalizing Humanitarian Intervention” is forthcoming in 41 Case Western Reserve Journal of International Law (2009). His article “The International Legality of U.S. Military Cross-Border Operations from Afghanistan into Pakistan” is also forthcoming in the U.S. Naval War College’s annual International Law Studies (2009).

Lee Paddock’s article “Green Governance: Building the Competencies Necessary for Effective Environmental Management” was published in the September edition of Environmental Law Reporter News & Analysis, 38 ELR 10609 (2008).

Scott Pagel wrote a chapter, “Changing Libraries and Changing Relationships: Challenges for the Library Director,” in the book How to Manage a Law School Library (Aspatore Books, 2008).

Todd David Peterson’s article “Stemming the Tide of Law Student Depression: What Law Schools Need to Know About the Science of Positive Psychology” (co-authored with Elizabeth W. Peterson) will be published in the Yale Journal of Health Policy, Law and Ethics.  His article “Protecting Congress’ Appropriations Power: Why Congress Should Care About Settlements at the Department of Justice” will be published in the BYU Law Review. His article “The Misguided Law of Compulsory Counterclaims in Default Judgments” will be published in the Arizona Law Review.

Richard J. Pierce Jr. published three books in 2008: Administrative Law; Administrative Law and Process (5th edition); and 2008 Supplement to Administrative Law Treatise. He also published a chapter in a book: “Mergers in the U.S. Electric Power Industry" in Competition Policy and Merger Analysis in Deregulated and Newly Competitive Industries. He wrote a book review in The George Washington Law Review titled “Outsourcing Is Not Our Only Problem.” He has two articles forthcoming in 2009: “What Factors Can an Agency Consider in Making a Decision?” in a symposium to be published by Michigan State Law Review, and “Saving the Unitary Executive Theory From Those Who Would Distort and Abuse It” in a symposium to be published by University of Pennsylvania Journal of Constitutional Law.

Steve Schooner’s co-authored article “Too Dependent on Contractors? Minimum Standards for Responsible Governance” appeared in the summer 2008 issue of the Journal of Contract Management.

Daniel Solove published two books in 2008: Understanding Privacy (Harvard University Press, 2008) and The Future of Reputation: Gossip, Rumor, and Privacy on the Internet (Yale University Press), which came out in paperback in October 2008.  Several of his articles were published in 2008, including “Data Mining and the Security-Liberty Debate,” 74 University of Chicago Law Review 343 (2008); “The End of Privacy” in Scientific American (September 2008); “The Future of Privacy” in American Libraries Magazine (September 2008); and “Understanding Privacy” in BNA Privacy & Security Law Reporter (September 2008). Forthcoming publications from Solove include, along with Paul M. Schwartz, a 3rd edition of the casebook, Information Privacy Law; a 2nd edition of the casebook, Privacy, Information, and Technology; and a new casebook, Privacy and The Media in early 2009, all with Aspen Publishers.

Sonia Suter published “The ‘Repugnance’ Lens of Gonzales v. Carhart and Other Theories of Reproductive Rights,” 76 George Washington Law Review 101 (2008). Her article “Giving in to Baby Markets” will be published in the Michigan Journal of Gender & Law.

Chris Yukins co-authored a piece for the International Government Contractor called “New U.S. Contractor Compliance Rules: Challenges Ahead for U.S. and European Contractors.” He co-authored “UNCITRAL Reform to Address Framework Contracting and Corruption Issues Under Model Procurement Law,” which appeared in the International Lawyer’s year-in-review issue.

Awards & Honors

Roger A. Fairfax was recognized by the Montgomery County (Md.) Criminal Justice Coordinating Commission for his recently completed service as chair of the commission, which conducts research on criminal law and procedure, and criminal justice administration issues, and advises the county and state governments on criminal justice resource allocation, budgeting, policy, and legislation.

In September, the New York City Bar and the Wilkes-Barre Bar Association honored Jack Friedenthal at a celebration of the 70th anniversary of the case of Erie R. Co. v. Tompkins.

Jamie Grodsky’s article “Genomics and Toxic Torts: Dismantling the Risk-Injury Divide,” 59 Stan. L. Rev. 1065 (2007) was selected as one of the top five environmental law articles published in 2007. Selected articles, along with the top five in land use, were reprinted by West Publishers and circulated to environmental scholars and policymakers in the 2008 edition of the Land Use and Environmental Law Review. This is the second time Grodsky’s scholarship has received such recognition. Her earlier article, “Genetics and Environmental Law: Redefining Public Health,” 93 Cal. L. Rev. 171 (2005), was similarly selected as one of the top five environmental law articles published in 2005.

Susan L. Karamanian was elected president of the Washington Foreign Law Society.

In October, Teresa Schwartz was elected to a three-year term as chair of the Board of Consumers Union, publisher of Consumer Reports.

Daniel Solove’s book The Future of Reputation: Gossip, Rumor, and Privacy on The Internet (Yale, 2007) won the Donald McGannon Award for Social and Ethical Relevance in Communications Policy Research.

In May 2008, the Legal Times 30th-anniversary issue named Joan Strand one of the 90 greatest Washington lawyers of the past 30 years. (See GW Law Briefs)

Chris Yukins was named to a three-year term on the governing council of the American Bar Association’s Public Contract Law Section.


John F. Banzhaf III is in his second major motion picture on the issue of obesity. Like Super Size Me, the first award-winning feature film he helped inspire and then participated in, Obesity Exposed: Waiting For My Real Life to Begin also focuses on the global epidemic of obesity and its human tragedies. The film will be shown at both the Sundance and Beverly Hills film festivals, where Banzhaf will speak. Banzhaf’s prediction that Sarah Palin had a 40 percent chance of succeeding John McCain because of his smoking history and age was widely reported by United Press International, the Wall Street Journal, and other publications. He helped publicize a study showing that millions of smokers are starving, or at least significantly underfeeding, their children to indulge their smoking habit, with his remarks being reported by The Washington Post, Forbes, and U.S. News & World Report, and in India, Pakistan, and South Africa. Also very widely publicized were his proposals to sue physicians who fail to report as suspected cases of “child abuse” situations in which children are sickened by exposure to secondhand tobacco smoke, and cases where physicians refuse to provide effective assistance to help smokers quit and a death or serious medical problem results.

Neil Buchanan proposed and served as adviser to the Law Review symposium “What Does Our Legal System Owe Future Generations? New Analyses of Intergenerational Justice for the New Century” in October. His research on the salaries of female and male lawyers has been picked up by a number of print media.

In August, Naomi Cahn became a senior fellow at the Evan B. Donaldson Adoption Institute. She presented “Judging Families” at the UMKC Law Review Symposium, “Red States v. Blue States,” in September. In October, she presented “Responsible Parenthood” at a conference held at the University of Virginia.

Steve Charnovitz has made several presentations in recent months. In June, he was a commentator at a conference on trade and climate change sponsored by the Brookings Institution. In July, he gave a talk on trade law and U.S. courts to congressional staff at a forum sponsored by the Washington International Trade Association. In October, he gave a work-in-progress on trade and climate change to a study group at the Peterson Institute of International Economics. Also in October, he met with a team of investigators from the Government Accountability Office doing a study of free trade agreements.

Brad Clark presented “Asking the Wrong Question: Treaties and the Self-Execution Debate” at the Foreign Relations Law Workshop at Duke Law School on Sept. 27, 2008.  He also presented “The Federal Common Law of Nations” at the Legal Theory Workshop at Columbia Law School on Oct. 13, 2008.

Robert J. Cottrol gave lectures on U.S. civil rights and affirmative action law at the Pontifical University in Rio Grande do Sul (Porto Alegre) and before the Instituto de Direito Público in Brasilia and Rio de Janeiro in May and June of 2008. He also was interviewed on affirmative action on the Brazilian television network O Globo. He was a commentator at a session called “Black Lawyers in the Reconstruction South: New Perspectives on the Origins of the African American Bar” at the annual meeting of the American Society for Legal History on Nov. 15, 2008. Cottrol delivered a paper “Terra do Nosso Senhor: The Paradox of Race and Slavery in Brazil” before the Triangle Legal History Seminar at Duke University in October 2008.

Charlie Craver made a presentation in September on legal negotiating to an international group of attorneys in Istanbul. He has been selected as a U.S. reporter for the XIX World Congress of the International Society for Labor and Social Security Law to be held in Sydney, Australia, in September 2009. He has prepared a report for that congress on worker representation and social dialogue at the workplace level in the United States. He also has completed the work for his 13th book, titled Skills & Values in Legal Negotiating, which will be published by Lexis in early 2009.

Jack Friedenthal has been serving as a public member of the National Architectural Accreditation Board. Has also has sat with the NCAA Infractions Committee on a number of recent cases involving alleged violations of NCAA rules. Recently he was named a member of the five-person NCAA Infractions Appeals Committee.

Roger A. Fairfax presented a paper on the private exercise of prosecutorial authority and a paper on mediation in criminal cases at the Law & Society Annual Meeting in Montreal. In addition, he chaired a panel and presented a paper on comparative criminal procedure methodology at the Southeastern Association of Law Schools Annual Meeting in Florida. Fairfax was a featured participant in the Presidential Showcase Seminar of the Washington Bar Association’s Annual Conference. Fairfax also addressed beginning law professors at the AALS New Law Teachers Workshop.

Phyllis Goldfarb served as a speaker in a plenary session focused on the nature of clinical supervision at the AALS Workshop for New Clinical Teachers in June 2008 in Washington, D.C. This entailed designing a simulation for new clinical law professors to conduct, assembling materials to assist them in doing so, and helping to facilitate discussions of other plenary sessions with a small group of new professors. She presented a paper addressing the role that the death penalty plays in defining the meaning of race in America at a symposium titled “Defining Race” on Nov. 14, 2008, at Albany Law School, Albany, N.Y. Goldfarb has designed two new courses titled Clinical Teaching and Scholarship I and Clinical Teaching and Scholarship II to anchor GW’s clinical fellowship program, which launched in 2008-09. The faculty has approved this sequence of courses, which was offered to the first class of clinical fellows in fall 2008.

In June, Tanya Kateri Hernandez made a presentation before AALS New Law Teachers Conference Minority Law Teachers Retention Workshop. In June, she was the moderator at the Georgetown University Law School’s Legal History Roundtable Workshop. In October, she made a presentation at the Puerto Rican Studies Association Conference on racial discrimination in Latin America. In November, she presented her empirical-based research in employment discrimination at Stanford Law School for the American Bar Foundation’s Discrimination Research Group Workshop, and she presented “The Legal History of Whitening in Brazil’s Racial Democracy” at the Colorado Law School Faculty Colloquium.

Carol Izumi was a speaker at the Federation of Asian Canadian Lawyers conference in Toronto, Ontario, on Nov. 8, 2008. Carol’s panel discussed “Anti-Racism Work” being done by Asian-Canadian and Asian-American attorneys.

On Oct. 3, 2008, Susan Jones was a moderator and speaker at the Syracuse University College of Law conference called “Exploring Solutions to Poverty: A Global Perspective Through the Local Lens.” On Oct. 24 she presented at a clinical faculty workshop at Vanderbilt Law School on “The Role of Community Economic Development Clinics in Promoting Social Justice – A Critical Reflection.”

Cynthia Lee serves as chair of the Association of American Law Schools Criminal Justice Section.

Gregory Maggs has returned to GW Law School after spending seven months on active duty as a military judge on the U.S. Army Court of Criminal Appeals. His reported decisions include an opinion for the court in the first appellate case arising out of the misconduct at the Abu Ghraib prison in Iraq. He continues to serve as a reserve judge on the court.

Michael Matheson testified before the Senate Foreign Relations Committee in April and the House Foreign Affairs Committee in July on the negotiations with Iraq on the future presence of U.S. forces. He gave presentations on the international death penalty litigation at the Law School in August and on international law and the war on terrorism at the American Society of International Law in September. He took part in discussions of executive branch policy on international law in November as a member of the State Department Advisory Committee on Public International Law.

In July, Sean Murphy lectured on the “Nature and Sources of International Law” at the U.S. Foreign Service Institute Training Program on “Fundamentals of International Law.” In September, he presented a paper titled “The President’s Understated Power to Appoint and Receive Ambassadors” at Vanderbilt Law School. In September and November, he spoke on the adoption of the crime of aggression by the International Criminal Court at Case Western Reserve Law School, at Tufts University Fletcher School of Law and Diplomacy, and before the U.S. State Department’s Advisory Committee on Public International Law. In December, he traveled to Kosovo for consultations on an upcoming advisory opinion at the International Court of Justice concerning Kosovo’s February 2008 declaration of independence.

This summer, Dawn Nunziato taught Contemporary Issues in Internet Law at the China Intellectual Property Summer Institute at Tsinghua University in Beijing, China.

On Nov. 18, Lee Paddock spoke on “The Role of Public Participation in Environmental Justice” at the 6th International Union for the Conservation of Nature Academy of Environmental Law Colloquium held in Mexico City.

In November, Steve Schooner discussed “Value for Money” at the Air Force Judge Advocate General’s Keystone Conference at the National Harbor in Maryland. In September, he testified before the U.S. Senate, Committee on Homeland Security & Governmental Affairs, Subcommittee on Federal Financial Management, Government Information, Federal Services, and International Security, “Addressing Cost Growth of Major Department of Defense Weapons Systems.” Also in September, he delivered a keynote address titled “A Pre-Election Survey of the Government Contracts Landscape” at the 2008 Government Contractors’ Conference, Maryland Association of CPAs, in Gaithersburg, Md. He participated as a panelist discussing “Crimes Committed by Members of the Visiting Force” at the conference titled “Peacekeeping Operations: The Legal Dimension” at Catholic University Law School in Washington, D.C. In May, he presented “Living (For the Foreseeable Future) With a Blended Workforce,” as part of the Director’s Speaker Series at the U.S. Office of Government Ethics in Washington, D.C.

Michael Selmi presented a paper on the effectiveness of the Americans with Disabilities Act at the fourth annual Law and Psychology Colloquium held at the University of Nebraska. He presented talks on his book in progress relating to workplace justice at the law schools at Marquette, Wake Forest, and Wayne State.

Jonathan Siegel presented his paper “The Interpretation Wars” at the University of Richmond School of Law in September 2008. He presented his paper “Guardians of the Background Principles” at a symposium on administrative statutory interpretation at the Michigan State University College of Law in November 2008.

Robert W. Tuttle gave lectures on the constitutional distinctiveness of religion at the University of Colorado and Luther Seminary.

Last fall, Amanda Tyler presented her paper “Suspension as an Emergency Power” to faculty workshops at Stanford Law School and the University of Notre Dame Law School.

Gregory Maggs has become the senior associate dean for academic affairs. He replaces Steve Schooner, who held the position for two years.

Dinah Shelton made presentations at several conferences. She presented at the World Conservation Union Congress in Barcelona, Spain, on Oct. 6, “A Rights-Based Approach to Conservation,” and on Oct. 18 at Paszmany Peter University, Budapest. She presented at a colloquium in honor of Alexandre Kiss, “Common Concerns of Humanity,” on Oct. 28 at the Max Planck Institute in Heidelberg. She presented at a colloquium on solidarity as an organizing principle of international law, “Intergenerational Equity,” on Nov. 1 at the University of Cyprus, Nicosia. She presented at a conference on public interest international litigation, “Public Interest International Litigation in U.S. Courts,” on Nov. 10 at the University of Essex, England. She presented at the London Conference on Reparations for Historical Injustices the opening lecture on “Litigation and Political Action Seeking Reparations for Historical Injustices in the United States” on Nov. 11 and Nov. 13. She was invited to be the distinguished lecturer at the Academy of International Environmental Law, Sixth Annual Congress, and gave two presentations: “Of Means and Ends: Poverty Alleviation and Environmental Protection” and “Making Law out of Principles of Environmental Justice.”

Last spring the GW history department appointed Dalia Tsuk Mitchell to its faculty. In September, Tsuk Mitchell presented her book Architect of Justice: Felix S. Cohen and the Founding of American Legal Pluralism at the history department’s faculty meeting. Also in September, Tsuk Mitchell presented her article “Transformations: Pluralism, Individualism and Democracy” at a conference celebrating the scholarship of Morton J. Horwitz that was held at Harvard Law School.

Daniel Solove, with co-organizer Christopher Hoofnagle, in June organized the First Annual Berkeley-GW Privacy Law Scholars Conference, which was held at The George Washington University. The conference will be an annual event alternating between Berkeley and GW.  Solove presented his forthcoming paper, “Rethinking Free Speech and Civil Liability” (with Professor Neil Richards), at The George Washington University Law School and Georgetown University Law Center. He presented a talk called “A New Framework for Understanding Privacy” at Harvard University.  He spoke about his book Understanding Privacy at the Treasury Executive Institute of the U.S. Mint and at the Department of Homeland Security.

Chris Yukins presented his paper “Addressing Conflicts of Interest in Procurement: First Steps on the World Stage, Following the U.N. Convention Against Corruption” at the Third International Public Procurement Conference in Amsterdam in August. Over the summer, he traveled to Nigeria, where he consulted with procurement officials on the new procurement law there, and to Jamaica, where he addressed a regional WTO conference of Caribbean procurement officials and attorneys. He also traveled to Germany with colleague Daniel Gordon (a lecturer in the government procurement law program) to arrange, with Professor Martin Burgi, for a July 2009 weeklong seminar at the University of the Ruhr in Bochum, Germany. While there, Yukins and Gordon addressed the Forum Vergabe, the leading German contracting group, and discussed the Boeing tanker protest and other important developments in trans-Atlantic procurement.