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Sohn Receives CIEL Award | Law Professors Discuss Future of Government Contracting | Publications | Awards & Honors | Activities

Faculty File:News Briefs from Around the Law School

Sohn Receives CIEL Award

At a ceremony held at the University in January, Professor Louis B. Sohn, Distinguished Research Professor of Law and Director of Research and Studies of the International Rule of Law Center, was honored for his extraordinary accomplishments in international environmental law as a teacher, practitioner, public servant, and visionary in the area of international law. Sohn was the first recipient of the Award for Outstanding Contributions to the Development of International Environmental Lawãan award recently established by the Center for International Environmental Law in recognition of the importance and richness of international environmental law.

Law Professors Discuss Future of Government Contracting

Professors Fred Lees, Steven Schooner, and Christopher Yukins joined Angela Styles (administrator of the Office of Federal Procurement Policy, U.S. Office of Management & Budget), Melissa Rider (deputy director, Office of the Director of Defense Procurement, U.S. Department of Defense), and Alan Chvotkin (senior vice president, Professional Services Council) for a forum to discuss recent government services contracting reforms Feb. 4 at the Law School.

Yukins also spoke at an event at the White House Conference Center Jan. 30 on the topic of "Procurement Integrity: New Challenges After the Commercial Revolution." Yukins discussed some of the new procurement integrity issues that have emerged with the growth of commercial item contracting.

Publications

Jerome Barron's “The Open Society and Violence in the Media” was published in 33 McGeorge Law Review 617 (2003).
The fifth edition of Constitutional Law in a Nutshell by Barron and C. Thomas Dienes was published by ThomsonWest in December; the sixth edition was published in West's Black Letter Series in January.
“Pathologies at the Intersections of the Budget and Tax Legislative Processes” by Cheryl Block was published in 43 Boston College Law Review (2002).
The fifth edition of William Bratton's casebook Corporate Finance: Cases and Materials (Foundation Press, 2002) was published. Bratton also published “Enron and the Dark Side of Shareholder Value” in 76 Tulane Law Review 1275 (2002) and “Comparative Corporate Governance and Barriers to Global Cross Reference” in Corporate Governance Regimes: Convergence and Diversity (Oxford University Press, 2002).
Naomi Cahn published “Faithless Wives and Lazy Husbands: Gender Norms in Nineteenth Century Divorce Law” in 2002 University of Illinois Law Review 651 and “Birthing Relationships” in 17 Wisconsin Women's Law Journal 163 (2002).
In September, Robert Cottrol reviewed Ruth O'Brien's “Crippled Justice: The History of Modern Disability Policy in the Workplace” in 62 The Journal of Economic History (2002). In the January/February 2003 The American Enterprise magazine, Cottrol published “Homeland Security: Restoring Civic Virtue.” He also published “Creative Uncertainty” as a review of Lawrence Friedman's “American Law in the Twentieth Century” in 81 Texas Law Review 627 (2002).
Lexis-Nexis published the 2002 cumulative supplement to C. Thomas Dienes' co-written treatise Newsgathering and the Law (2d ed. 1999) in November.
Hastings Law Journal published Matthew Harrington's “Public Use and the Original Understanding of the Takings Clause.”
“A Two-Dimensional Framework of Property Rights Regimes” by Shi-Ling Hsu will appear in 36 U.C. Davis Law Review.
Carol Izumi's co-written article “Prohibiting 'Good Faith' Reports Under the Uniform Mediation Act: Keeping the Adjudication Camel Out of the Mediation Tent” will be published in the University of Missouri-Columbia's Journal of Dispute Resolution.
The George Washington Law Review published Suzanne Jackson's “To Honor and Obey: Sex Trafficking and the Mail-Order Bride Industry.”
Susan Karamanian published: “Plaintiff's Diplomacy: A Review of the Issues” in The Proceedings of the 96th ASIL Annual Meeting 156 (2002); and “The U.S. Death Penalty Under International Scrutiny: Lessons from Ottawa, Strasbourg, and The Hague,” in Globalism: People, Profits and Progress (2002). Her review of Mark R. Joelson's An International Antitrust Primer: A Guide to the Operation of the United States, European Union, and Other Key Competition Laws in the Global Economy (2d ed. 2001) appeared in 96 American Journal of International Law 1012 (2002).
Ira C. Lupu and Robert Tuttle co-wrote and published “Government Partnerships with Faith-Based Service Providers: The State of the Law” with the Roundtable on Religion and Social Welfare Policy and “Historic Preservation Grants to Houses of Worship: A Case Study in the Survival of Separationism” in 63 Boston College Law Review 1139 (2002). They also co-wrote and published “Sites of Redemption: A Wide Angle Look at Government Vouchers and Sectarian Service Providers” in 18 Journal of Law & Politics 537 (2003) in Symposium, The End of Separatism.
Gregory Maggs published “The Waning Importance of Revisions to U.C.C. Article 2” in 78 Notre Dame Law Review 595 (2003).
“Practical Aspects of the Agent's Role in Cases Before the International Court” by Michael Matheson was published in 1 The Law and Practice of International Courts and Tribunals 467 (2002). His “United Nations Governance of Post-Conflict Societies” appeared in Post-Conflict Justice.
“Toward Abandoning Organized Professionalism” by Thomas Morgan was published in the annual Hofstra Law Review symposium on desirable changes in legal ethics.
In the spring 2003 European Journal of Internation Law, Sean Murphy published “International Law, the United States, and the Non-Military 'War' Against Terrorism.” He also published “Liability and the WHO Framework Convention on Tobacco Control” in the International Law Association's Forum magazine.
Emory Law Journal selected Dawn Nunziato's “Freedom of Expression and Internet Governance” for publication.
Robert Park received a contract from Praeger to prepare Substantive Due Process: a Reference Guide as part of a new series on constitutional doctrines. There will be about 30 titles in the series.
Robert Peroni's article, co-written with J. Dzienkowski, “The Decline in Lawyer Independence: Lawyer Equity Investments in Clients,” was published in 81 Texas Law Review 405 (2002). Peroni's article, co-written with J. Clifton Fleming Jr. and S. Shay, “The David R. Tillinghast Lecture: ïWhat's Source Got to Do With It?' Source Rules and U.S. International Taxation,” will be published in 56 Tax Law Review. His “A Hitchhiker's Guide to Reform of the Foreign Tax Credit Limitation” will be published at 56 SMU Law Review as part of a tax symposium issue.
“Congressional Oversight of Open Criminal Investigations” by Todd Peterson was published in 77 Notre Dame Law Review 1373 (2002).
Richard Pierce published: “Effects of the New Italian Constitution on Electricity Regulation” in Rassegna Giurdica Dell'Energia Ellettrica; “The Appropriate Role of Costs in Environmental Regulation” in Administrative Law Review; and “Market Manipulation and Market Flaws” and “Deja Vu All Over Again: The Return of Project Independence and Ratepayer Funded DSM” in The Electricity Journal.
“Criminal Enforcement of Environmental Laws” by Arnold Reitze appeared in 9 Environmental Law 1 (2002).
Steven Schooner's article, co-written with Neil Whiteman, “Purchase Cards and Micro-Purchases: Sacrificing Traditional United States Procurement Policies at the Altar of Efficiency,” was published in Public Procurement (Edward Elgar, 2002).

Schooner's “Communicating Governance: Will Plain English Drafting Improve Regulation?” appeared in 70 The George Washington Law Review 1. His book chapter “Commercial Purchasing: The Chasm Between the United States Government's Evolving Policy and Practice” was published in Public Procurement: The Continuing Revolution (Kluwer Law International, 2003).
“Getting Beyond Affirmative Action,” Mike Selmi's review of books by Glenn Loury, Lani Guinier, and Gerald Torres, was published in the December 2002 Stanford Law Review. His symposium piece, co-authored with Naomi Cahn, “Caretaking and Contemporary Social Policy,” was published in the winter 2002 Maine Law Review. His “The Price of Discrimination: The Nature of Class Action Employment Discrimination Litigation and Its Effects” was published in the April Texas Law Review. His review essay “Getting Beyond Affirmative Action: Talking About Racial Inequality in the Twenty-First Century” was published in the December Stanford Law Review.
The lead article in 89 Virginia Law Review 1 was Peter Smith's “States as Nations: Dignity in Cross-Doctrinal Perspective.”
The sixth edition of Andrew Spanogle's casebook International Business Transactions, co-written with R. Folsom and M. Gordon, will be published by West in July.
Robert Tuttle co-edited the newly published Church & State: Lutheran Perspectives and contributed a chapter to Love Thy Neighbor: Churches and Land Use Regulation.
“Does Financial Liberalization Increase the Likelihood of a Systemic Banking Crisis? Evidence from the Past Three Decades and the Great Depression” by Arthur Wilmarth appeared in Too-Big-To-Fail: Policies and Practices in Government Bailouts (Quorum Books, Greenwood Publishing Group, 2003).
Michael K. Young published “Japanese Attitudes Towards Contracts: An Empirical Wrinkle in the Debate” in 34 George Washington International Law Review 789 (2003).
Christopher Yukins and Steven Schooner co-wrote and published “Model Behavior? Anecdotal Evidence of Tension Between Evolving Commercial Public Procurement Practes and Trade Policy” in 9 International Trade Law & Regulation and “A Measure of Success” in the March 17 Legal Times.

Awards & Honors

President George W. Bush appointed Robert Cottrol to the Holmes Devise, a committee that oversees the writing of the history of the U. S. Supreme Court.
United States Practice in International Law, 1999-2001 (Cambridge University Press, 2002) by Sean Murphy, was awarded a Certificate of Merit at the April 2003 annual meeting of the American Society of International Law.
Robert Peroni was named the Parker C. Fielder Regents Professor in Tax Law at the University of Texas School of Law for the 2003-04 academic year.

Activities

Martin Adelman chaired and spoke at several international events, including the ATRIP Congress 2002 in New Delhi, India, and a conference in Tokyo. He delivered a keynote address at the “International Inter-Disciplinary Seminar on Intellectual Property Rights: Global and National Perspectives,” held at the Kerala University Senate Chambers in Trivandrum, India. In March, Adelman discussed product development at a conference in Sofia, Bulgaria. He also delivered the lecture “If Eli Lilly Is Good Law, Didn't the Withdrawn Panel Opinion in Enzo Biochem Have It Right?” at the 11th annual conference on International Intellectual Property Law and Policy at Fordham University in New York.
Visiting the William S. Boyd School of Law at University of Nevada Las Vegas, Alberto Benítez assisted in the development of the school's immigration clinic during the spring 2003 semester.
William Bratton presented several papers on shareholder value this semester. Among the presentations was “Enron and the Dark Side of Shareholder Value,” which he presented at a conference at Tilburg University in the Netherlands and at a conference at St. John's Law School. He also presented “Sovereign Debt Restructuring and the Best Interest of Creditors” at faculty workshops at Vanderbilt, Indiana University-Purdue University at Indianapolis, and Cardozo law schools. The paper, co-written with Mitu Gulati of the Georgetown University Law Center, will be published in the Vanderbilt Law Review. Bratton presented “Shareholder Value, Financial Conservatism, and Auditor Independence” at a conference in San Diego sponsored by the Institute for Law and Economic Policy, and at a faculty workshop at the Harvard Business School. The paper will be published in the Duke Law Journal.
At the Foreign Service Institute at the Department of State, Robert Cottrol presented “Race and Hierarchy in Latin America.” In December, Cottrol presented “El Papel de Derecho en la Lucha Contra ExclusiÑn Social” at a conference in Florianopolis, Santa Cantarina, Brazil. He also was chairman and commentator at a session at the XXIV International Congress of the Latin American Studies Association in Dallas.
Charles Craver discussed the longshore lockout and Taft-Hartley injunction on The Newshour with Jim Lehrer. Craver spent time with a Serbian delegation from the Ministry of Labor and Employment to discuss federal and state regulation of employment in the United States. He presented “The American Worker: Junior Partner in Success and Senior Partner in Failure” at a symposium at the University of San Francisco Law School; the article will be published in University of San Francisco Law Review. He also made a presentation about “Ethics in Employment Practice” at a conference in Philadelphia and another on “Dispute Resolution” before members of the ADR Section of the Texas Bar Association in Dallas.
At a symposium at the University of Pennsylvania's Journal of Constitutional Law, Anne Goldstein presented a paper co-written with Naomi Cahn, “Roe v. Wade, 30 Years Later.”
In October, Suzanne Jackson presented “Health Insurance Issues for Domestic Violence Advocates” at the national conference sponsored by the Violence Against Women Office in the U.S. Department of Justice. Jackson testified before the District of Columbia City Council, Committee on Human Services about the availability of prescription medicines to the District's elderly population, and proposed legislation to create a District-wide health care ombudsman's office. She also gave a presentation before the D.C. Commission on Aging on the disenrollment of seniors from the D.C. Health Care Alliance.
In Cape Town, South Africa, Susan Jones presented a paper on “Interdisciplinary Collaboration to Support Urban Economic Development: A Law School Experience” at the First International Conference on Higher Education and Economic Regeneration held at Peninsula Technikon. The conference was sponsored by the Technical and Business Education Initiative in South Africa. Jones became a member of the AALS Clinical Section executive committee and chair of the planning committee for the AALS Conference on Clinical Legal Education. She joined the executive committee of the AALS Section on Africa and was a panelist at the ABA mid-year meeting in Seattle on “An Examination of the Community Reinvestment Act: Twenty-Five Years Later.”
Susan Karamanian presented “The Americanization of International Arbitration: Lessons from ISCID,” at the Ohio State University Law School Symposium on Alternative Dispute Resolution in November and was a participant in a forum on class actions with Thai judges and members of the Thai Council of State. At Bryn Mawr College in December, she presented “The U.S. Death Penalty Under International Law.” She also was re-elected to the board of direction of the Association of American Rhodes Scholars.
Renée Lettow Lerner presented “Reclaiming the Bench from Jacksonian Populism: The Bar's Efforts to Reform the New York Judiciary in the Gilded Age” in April at the Yale Legal History Forum. Also in April, she presented “Changes in Criminal Suspect Interrogation in the Wake of the September 11 Attacks” at York College of Pennsylvania in the inaugural lecture of the Criminal Justice Series.
Ira C. Lupu and Robert Tuttle's “The State of the Law of Government Partnerships with Faith-Based Organizations in the Delivery of Social Services” was published in December by the Roundtable on Religion and Social Welfare Policy of the Rockefeller Institute, SUNY. They presented the full report at a press conference at the National Press Club in December.
As special master for the U. S. Supreme Court, Gregory Maggs heard oral arguments on five partial summary judgment motions filed in a boundary dispute between Alaska and the United States. The arguments were made at the Law School in February.
In October, Michael Matheson, visiting professor, chaired a debate on “Attacking Iraq: Is Preemptive Self-defense Lawful?” sponsored by the American Society of International Law and the Johns Hopkins School of Advanced International Studies. He visited London to assist with preparations for the hearing in the Iran Oil Platforms case before the International Court of Justice, scheduled for early 2003. In January, Matheson traveled to The Hague to participate in the argument of the Iran Oil Platforms case before the ICJ.
Peter Meyers served on a strategic planning workgroup of the Department of Health and Human Services that discussed ways to improve the federal government's Vaccine Injury Compensation Program. The workgroup is finalizing proposals for modification and improvement of the program. Meyers also served as a reviewer of a publication released in October by the National Academy of Sciences on the potential effects of a contaminated polio vaccine that was widely administered in the '50s and '60s.
In September, Larry Mitchell presented “All the Corporate World's a Stage: The Constraints of Role Integrity,” at a conference sponsored by The Cornell Feminism and Legal Theory Project at Osgoode Hall Law School in Toronto. He was a participant in “Philanthropy in the Age of Enron,” held in New York by The American Prospect, The Nathan Cummings Foundation, and the Twenty-First Century Fund. In October, Mitchell presented “The Sarbane-Oxley Act and the Reinvention of Corporate Governance” at Villanova Law School.
At the ABA Franchise Forum, Thomas Morgan was a panelist on “Multi-jurisdictional Practice.” He spoke at a 2,000-person teleconference on Sarbanes-Oxley Act regulation of the conduct of corporate lawyers.
Thomas Morrison was elected to the board of directors of the Wisconsin Bar Association as a representative of the Non-Resident Lawyers Division.
Presenting a paper on Internet governance and democratic values, Dawn Nunziato visited the Wharton Legal Studies Research Colloquium. She also served as a discussion panel member at Cardozo's Intellectual Property Scholars Conference and lectured on “The Fundamentals of American Copyright Law” at the U.S. Law Institute.
Robert Peroni commented at the Steven L. Cantor International Tax Symposium in November at GW Law; his commentary was published in The George Washington International Law Review. In December, he co-chaired the 15th Annual Institute on Current Issues in International Taxation held in Washington and co-sponsored by GW Law and the IRS.
At St. John's University School of Law, Alfreda Robinson was a commentator for “Economic Development and Reparations” and “Does Intellectual Property Belong in the Debate on Black Reparations?” Robinson presented “Implementing the Theory: Critical Race PraxisÆCorporate Social Responsibility and African-American Reparations” at a workshop at the American University, Washington College of Law in April.
Catherine Ross spoke in March on “Why the First Amendment Protects Controversial Speech” at a conference on “Sex, Violence, the Media, and Children,” at the University of Florida in Gainesville. In May, she was the keynote speaker at a judicial training institute on integrated domestic violence courts for judges and court staff in New York.
In November, Steven Schooner joined Harvard professor Steve Kelman to present their “Dueling Views of Government Acquisition” as the keynote panel at the National Contract Management Association's 21st Annual East Coast conference held in Tysons Corner, Va.

In King of Prussia, Pa., Schooner discussed “Troubling Trends in Procurement and Governance” at the 12th Annual Ethics Conference, sponsored by the U.S. Office of Government Ethics, in March. He presented “Acquisition Year in Review” at the Advanced Contract Law Course at the Judge Advocate General's School of the Army in Charlottesville, Va.
In April, Michael Selmi presented the Spring Distinguished Lecture at Suffolk Law School in Boston. Selmi participated in a debate at Villanova Law School sponsored by the Federalist Society on the affirmative action cases from the University of Michigan now pending in the Supreme Court. He served on a panel at the inaugural event of the Suffolk Law School chapter of the American Constitution Society on federalism issues in the context of the Americans with Disabilities Act.
Peter Smith conducted a seminar on administrative law for attorneys at the U.S. Department of Justice in February.
Discussing “The Value of Credit Bureaus and the Legal Infrastructure Necessary to Encourage Their Development,” John A. Spanogle presented to the Ministerial Conference of the Government of Trinidad and Tobago in February, including the attorney general and the minister for legal affairs.
Robert Tuttle delivered the 2003 Crumley Lecture at Roanoke College, “Two Kingdoms and Two Clauses,” and the 2003 Kretzmann Lecture at Valparaiso University, “One Nation Under God: Reflections on the Law of Church and State.”
In November, Geoff Watson, visiting professor, presented “The Changing Jurisprudence of the International Criminal Tribunal for the Former Yugoslavia,” at a conference on “The ICTY at 10” at the New England School of Law in Boston. The organizers also hosted a working group on a proposal for a Truth and Reconciliation Commission for the Israel-Palestinian conflict. Watson spoke against the proposal.
In April, Art Wilmarth presented “Elusive Foundation: James Wilson's Failed Attempt to Reconcile Popular Sovereignty and Natural Law Jurisprudence in the New Federal Republic.”
Michael K. Young was appointed to the Trade and Environmental Policy Advisory Committee, created by legislation to advise the U.S. Trade Representative on the potential environmental impact of bilateral, regional, and multilateral trade agreements.