Midwest Law and Society Retreat October 1-2, 2004

The Pyle Center – 702 Langdon Street – Madison
Program 8/27/04

Friday Afternoon and Evening
Opening Session at The Pyle Center followed by Dinner at the Law School

3:15-4:00 Registration / Refreshments in the lobby area

4:00-5:45 Opening Session in Main Meeting Room (325/326)
Welcome: Howie Erlanger, Director, Institute for Legal Studies
Introductory Remarks: Karl Shoemaker, History and Law, Wisconsin

Plenary Presentation: "Towards a Reflexive Sociology of Law"
Jonathan Simon,
Professor of Law/Jurisprudence and Social Policy, University of California, Berkeley

About Jonathan Simon: Before joining the Boalt Hall faculty in 2003, Jonathan Simon was a professor at the University of Miami School of Law. He also has been a visiting professor at Yale Law School and New York University School of Law, and an assistant professor at the University of Michigan from 1990-92. Prior to teaching, he clerked for Judge William C. Camby Jr. of the U.S. Court of Appeals for the Ninth Circuit. Simon is the author of Poor Discipline: Parole and the Social Control of the Underclass, 1890-1990 (1993) and the co-editor of Embracing Risk: The Changing Culture of Insurance and Responsibility (with Tom Baker, 2002) and Cultural Analysis, Cultural Studies, and the Law: Moving Beyond Legal Realism (with Austin Sarat, 2003). He has also published numerous articles and book chapters covering a variety of legal topics. In 2003 Simon joined the Law and Society Association's board of trustees and executive committee.

Announcements: Honor Sachs, 2003 Legal History Fellow at Wisconsin

5:45-6:00 Break – walk to Law School

6:00-7:30 Reception and Buffet Dinner in Lubar Commons (Law School Room 7200)
Group Introductions: Karl Shoemaker

7:30-8:30 Postprandial Discussions on Professional Development

Faculty Discussion Leaders:

Beth Hoffmann (Purdue: Sociology and Anthropology)
Surviving the Job Market and Transition from Grad Student to Professor

Art McEvoy (Wisconsin: Law and History)
Perfect Conference Papers Every Time: The McEvoy Method

Jonathan Simon and Karl Shoemaker
Scholarship and Jobs in Criminal Justice

Saturday Morning Sessions

(All sessions take place at The Pyle Center)

8:30-9:00 Coffee in the Lobby

9:00-10:45 Concurrent Research Panels #1-2

Panel #1 Crime and Punishment
Chair: Jacqueline Ross (UIUC: Law)

Chana Barron (Iowa: Sociology)
"How Gender Roles and Expectations Influence Appellate Reasoning and Decisionmaking in Capital Murder Cases"

Ryan King (Minnesota: Sociology)
"Dormancy and Implementation in Criminal Law: Community Context, Institutions, and the Enforcement of Hate Crime Law"

Joachim Savelsberg (Minnesota: Sociology)
"Collective Memory, Hate Crime, and its Enforcement Comparing Germany and the
United States"

Kam C. Wong (UW-Oshkosh: Public Affairs)
"Police Reform in China in 2000s and Beyond"

Panel #2 Legal History - Part I
Chair: Karl Shoemaker (Wisconsin: History and Law)

Victor Jew (Wisconsin: History and Legal Studies)
"At the Law's Suture: The Everyday Practices of Administering Asian Exclusion in the U.S. Midwest During the Progressive Era"

Richard Ross (UIUC: Law and History)
"Legal Communications and Imperial Governance in Colonial British and Spanish America"

William Thomas (Wisconsin: Legal History)
"Dissent in the U.S. Justice Department"

10:45-11:00 Break

11:00-12:15 Concurrent Workshops #1-2-3

Workshop #1 Environmental/Natural Resources
Moderator: Sumudu Atapattu (Sri Lanka & Wisconsin: Law)

Anna-Maria Marshall (UIUC: Sociology)
"Help or Hindrance: The Ambivalence About Law in the Environmental Justice Movement"

Larry Nesper (Wisconsin: Anthropology & American Indian Studies)
"The Tribal Court and an Emerging Ojibwe Tribal State in Wisconsin"

Ken Salo (UIUC: Environmental Policy)
"Transnational Law, Anti-privatization Social Movements, and the Pursuit of Justice in the Postcolony"

Workshop #2 International Rights and Politics 
Moderator: Greg Shaffer (Wisconsin: Law)

Maureen Ittig (Wisconsin: Human Development and Family Studies)
"The Power in the Process: an Examination of the U.S. Intercountry Adoption Process in a Globalized World"

Christina Rivers (DePaul: Political Science)
"Caught Between the Cracks: Reconciling the Doctrinal Tensions Between Racial and Partisan Interests in Vieth v. Jubelirer"

Trina Smith (Minnesota: Sociology)
"International Discourse of Global Reproductive Rights"

Workshop #3 Discourse Framing and Issue Interpretation
Moderator/Presenter: Beth Quinn (Montana State & Wisconsin: Sociology)
"The Organizational Life of Discrimination Law: Exploring the Decision Making of Human Resources Personnel"


Daniel Hillyard (SIU Carbondale: Crime Studies Center)
"Three Paths to Innovation: Human Cloning and Public Policy"

Adam Jacobs (Wisconsin: Sociology)
"Up in Smoke: The Disappearance of Marijuana Decriminalization, 1977-1979"

12:15- 1:30 Lunch in The Pyle Alumni Lounge

Saturday Afternoon Sessions

1:30-2:45 Concurrent Research Panels #3-4

Panel #3 Legal History - Part II 

Chair: Art McEvoy (Wisconsin: Law and History)


Dan Hamilton (Chicago Kent: Legal History)
"The Limits of Sovereignty: Legislative Property Confiscation in the Union and the Confederacy"

Honor Sachs (Wisconsin: Legal History)
"Women, Land and Law in the 18th Century Backcountry"

Panel #4 Cause Lawyering
Chair: Jerry Van Hoy (Toledo: Sociology/Law and Social Thought)


Sandy Levitsky (Wisconsin: Sociology)
"To Lead with Law: Reassessing the Influence of Lawyers in Progressive Reform Movements"

William B. Turner (Wisconsin: Law)
"Lobbying for Lawrence: The LGBT Social Movement and the End of Sodomy Statutes"

2:45-3:00 Break

3:00-4:15 Concurrent Workshops #4-5-6

Workshop #4 Constitutional Culture
Moderator: Howard Schweber (Wisconsin: Political Science)

Jacqueline Battalora (St. Xavier: Sociology, Anthropology & Criminal Justice)
"Exclusion: The Legal Making of Difference ‘By God’"

Ayeshah Iftikhar (Wisconsin: Anthropology)
"In the Shadow of the USA PATRIOT Act: Imaginings of Identity, Race and Citizenship Among Muslim Students at the University of Wisconsin-Madison"

Workshop #5 Methods of Comparative Approach
Moderator: Mark Suchman (Wisconsin: Sociology and Law)

Shawn Boyne (Wisconsin: Political Science & Law)
"The Culture of German Prosecution: The Legalitätsprinzip in Practice"

Brian Gran (Case Western Reserve: Sociology)
"The Children's Ombudsperson from a Comparative Perspective"

Workshop #6 Economic Regulation  
Moderator: Stewart Macaulay (Wisconsin: Law)

Nicholas Georgakopoulos (Indiana: Law)
"Contract-Centered Veil Piercing: A Transaction Cost Tool"

Joseph Hinchliffe (UIUC: Political Science)
"Toward Understanding Regulatory Failure: Implementing A Law of Punch Presses, Housewares, Automobiles, Explosives and Oral Contraceptives"

Patricia Strach (SUNY Albany: Political Science)
"Taxing the Family: Implementing America's Tax Laws"

4:15-4:30 Break

4:30-5:15 Final Session for Everyone in Main Meeting Room (325/326)
Host: Karl Shoemaker
Closing Remarks: Stewart Macaulay,Malcolm Pitman Sharp Professor & Theodore W. Brazeau Professor, University of Wisconsin Law School

Stewart Macaulay, a graduate of Stanford Law School, is internationally recognized as a leader of the law-in-action approach to contracts. He pioneered the study of business practices and the work of lawyers related to the questions of contract law. Professor Macaulay has written extensively on subjects ranging from lawyers and consumer law to private government and legal pluralism. He has been published in such places as the Wisconsin Law Review, Law & Society Review, and Law & Policy. He authored Law and the Balance of Power: The Automobile Manufacturers and Their Dealers, and co-authored Law & Society: Materials on the Social Study of Law with Lawrence Friedman and John Stookey, and Contracts: Law in Action, with John Kidwell, Bill Whitford and Marc Galanter. In 1996, he published Organic Transactions: Contract, Frank Lloyd Wright and the Johnson Building. Macaulay was President of the Law and Society Association from 1985 to 1987, and in 1995, he won LSA's Harry Kalven Prize. He was the Director of the Chile Law Program of the International Legal Center in Santiago during 1970 and 1971. He was a member of the Board of Advisors to the Reporter for the Restatement (Second) Contracts of the American Law Institute. He is a fellow of the American Academy of Arts and Sciences. In February 2004, he won the Fellows of the American Bar Foundation Annual Outstanding Scholar Award.

Final Discussion: All

5:15 Closing Reception in the Pyle Alumni Lounge

--End of Program--

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