Alta Charo's essay, "Stem Cells: Save the Hope and Lose the Hype," appeared in the Winter 2014 issue of Wisconsin People & Ideas, the magazine of the Wisconsin Academy of Sciences, Arts & Letters. Based on a presentation at the Academy's Fellows Forum, the essay describes the emerging problem of false advertising and fraudulent treatment that confuses patients looking for genuine stem cell therapies.
Alexandra Huneeus was invited by the American Bar Foundation to present her paper, "When Human Rights Courts Engage in Structural Reform," at an ABF Research Seminar in March.
Ursula Weigold, Kim Peterson and Deb Moritz spoke at the 2014 Capital Area Legal Writing Conference in Washington, D.C., in March. Weigold and Peterson presented the topic "Blended Learning: Can Online Skills Instruction Replace Traditional Classroom Teaching?" Moritz spoke about "Starting a Clinic-LRW Collaborative Program--The Challenges of Bringing the Real World to the Legal Writing Classroom."
Tonya Brito gave a talk and moderated post-film discussion at a Madison screening of "The Loving Story," a documentary about the legal challenge to the Virginia marriage law banning interracial marriage. The March 4th event was part of the film series, "Created Equal: America's Civil Rights Struggle," presented by the Wisconsin Historical Society in commemoration of the 50th anniversary of Mississippi Freedom Summer and the 1964 passage of the Civil Rights Act.
Shubha Ghosh was invited to present "Discovery to Product (D2P)" at the "CLIP Innovation Summit: Shaping the Future of Law & Entrepreneurship," held at Texas A&M Law School in February.
Jonathan Scharrer and students from UW Law School's Restorative Justice Project gave a talk at Northwestern Law School's Bluhm Legal Clinic in February. The presenters discussed the ways Wisconsin practices restorative justice, and how lessons from our state might be applied in Illinois.
Stephanie Tai was an invited speaker at "New Directions for Food Safety: The Food Safety Modernization Act and Beyond," sponsored by the Petrie-Flom Center for Health Law Policy, Biotechnology and Bioethics at Harvard Law Center in February. Tai's presentation was titled "Whole Foods: The FSMA and the Challenges of Defragmenting Food Safety Regulation."
Shubha Ghosh submitted an amicus brief on behalf of Patent and Intellectual Property Scholars on the Issue of Divided Infringement in the Supreme Court case of Limelight v. Akamai. He worked on the brief with third-year law student Brendyn Reinecke, whose law review note provided the foundation for the brief.
Mitra Sharafi presented a chapter from her book, "Law and Identity in Colonial South Asia: Parsi Legal Culture, 1772-1947," at the University of Virginia Legal History Workshop in February. Sharafi's book is forthcoming in 2014 from Cambridge University Press.
In February, Shubha Ghosh presented his working paper, "Short-Circuiting Contract Law," at the Manzo Scholars in Patent Law program, a series of lectures by invited patent scholars, hosted by DePaul Law School in Chicago.
Sumudu Atapattu was invited to present at "Climate-Migration, Local Conditions and Law: Food Security, Land Tenure and Gender," the annual symposium of Washington Journal of Environmental Law & Policy organized by the School of Law, University of Washington-Seattle. Her presentation was titled "Climate Migration and Challenges for International Law."
Jonathan Scharrer presented a workshop in February called "Restorative Justice: Healing Victims, Communities, and Offenders" at the Nehemiah Center for Justice in Madison.
Alexandra Huneeus presented "The Role of the International Judge in Public Law Litigation" at the University of Colorado Law School Faculty Workshop in February.
Michele LaVigne's seminar, "Language Impairments among our Clients," was one of the top twelve presentations for the National Association of Criminal Defense Lawyers throughout 2013, as rated by seminar attendees. Her presentation is now available on the NACDL's DVD compilation, "The Best of 2013."
Shubha Ghosh's working paper, "Short-Circuiting Contract Law: The Federal Circuit's Common Law Contract Jurisprudence and Intellectual Property Federalism," was the subject of a blog post by Camilla Hrdy, a fellow at Yale Law School and author of the blog, "Written Description."
Sumudu Atapattu was invited to present "Food Security and Climate Change: The Impact on Vulnerable Communities—Women, Indigenous Groups and Displaced Populations" at the 2014 Santa Clara Journal of International Law Symposium. The January symposium focused on environment and human rights law.
John Ohnesorge presented his paper, "The Regulatory State in East Asia," at a Washington, D.C., conference on administrative law and regulation around the world. The event was co-sponsored by the George Washington University Law School and the University of Pennsylvania's Wharton School.
In February, Shubha Ghosh was invited to deliver two presentations to United Nations delegates for a program organized by the World Intellectual Property Organization on intellectual property and sustainable development. He presented a primer on copyright, patents, trademarks, and designs; national and international IP systems; commercial management of IP; and dispute resolution. He also spoke on a panel on the use of the patent system to promote environmentally sound technologies.
Alta Charo has been retained as an independent ethics expert in the University of Utah's investigation into its former reproductive services clinic. At least one couple who sought artificial insemination by husband services was proved to be the victim of a switch, resulting in a child whose biological father was a clinic employee, himself a convicted felon. It is not yet known whether there are other victims. Charo previously served on a federal investigation team looking into misappropriation of embryos at a California clinic.
Kim Peterson spoke at the Legal Writing Institute's Workshop for Preparing Practice-Ready Students at Marquette Law School in December. Her presentation was titled "Creating Interactive Course Materials to Prepare Practice-Ready Students."
Lisa Alexander presented on the panel, "Suburbs in Flux: Perspectives from Property and Real Estate Law," jointly offered by the Association of American Law Schools' Property and Real Estate Transactions Sections at the 2014 AALS Annual Meeting in New York, N.Y.
John Ohnesorge's article, "Corporate Lawyers as an Infant Industry? Legal Market Access and Development Policy" was published in Critical Legal Perspectives on Global Governance: Liber Amicorum David M. Trubek. The book came out of a 2012 European University Institute conference honoring the career of David Trubek. Ohnesorge's article examines developing countries in an industrial policy framework and explores the implications of supporting them as infant industries.
Tonya Brito's chapter, "Chronicle of a Debt Foretold: Zablocki v. Red Hail, 434 U.S. 374 (1978)," appears in The Poverty Law Canon, forthcoming by University of Michigan Press. Co-authors are R. Kirk Anderson, a UW-Madison graduate student in education, and Monica Wedgewood, a UW Law School student. A review in Constitutional Law Prof Blog calls the chapter "a must-read for anyone considering the constitutional ramifications of equality or marriage."
John Ohnesorge served as a faculty member in a January workshop in Doha, Qatar, organized by Harvard Law School's Institute for Global Law & Policy. Ohnesorge gave a plenary talk on Chinese industrial policy and law, participated in plenary panels on international adoption and on international labor migration, participated in workshop sessions on law and development, and provided feedback on draft papers by workshop participants. The IGLP Doha workshops are co-sponsored by Qatar's Hamad bin Khalifa University, a member of the Qatar Foundation.
Shubha Ghosh's book, "Identity, Invention, and the Culture of Personalized Medicine Patenting" (2012 Cambridge Press), was cited in a recent post on the blog Patently-O, a patent law blog that features analysis on current Federal Circuit law and other subjects.
Brad Snyder participated in the panel, "Getting it Right: The Role of Genealogists, Journalists and DNA Experts in Chronicling History," at the 2014 American Historical Association Annual Meeting in Washington, D.C. Other panel participants were Rachel Swarns of the New York Times and Constance Potter of the National Archives.
Shuba Ghosh's article, "Nature, Nurture and DNA Sequences," was published in the January issue of Pharmaceutical Patent Analyst.
Alta Charo's essay, "Physicians and the (Woman's) Body Politic," was published in the New England Journal of Medicine in January. Charo's piece documents and critiques legislative and judicial interference with physicians' judgment, evidence-based medicine and medical ethics standards regarding women's reproductive health and choices.
Michele LaVigne presented "Breakdown in the Language Zone: The Prevalence of Language Impairments and Why It Matters" at the Georgia Capital Defenders Association Statewide Training Conference in Young Harris, Ga. LaVigne's presentation was one in a series on the use of neuroscience and neuropsychology in death penalty cases.
Shubha Ghosh delivered a number of recent talks. In November, he presented “Patenting Identities: The Other Side of Myriad” as a guest speaker at the John Marshall Law School Symposium on IP and Global Health, and a talk entitled "Genetic Identity After Myriad" at a faculty colloquium at University of San Diego School of Law. In December, he gave a faculty talk at Syracuse Law School on the topic of "The Lawyer as Entrepreneur."
Tonya Brito's recent article "Fathers Behind Bars: Rethinking Child Support Policy Toward Low-Income Noncustodial Fathers and Their Families" in the October 2013 Iowa Journal of Gender, Race & Justice received a positive review from JOTWELL: The Journal of Things We Like (Lots). University of Minnesota Law Professor Brian Bix praises the article saying that "The argument throughout the paper is consistently sensible and well-grounded in policy arguments and empirical research."
In December, Shubha Ghosh's paper "The Implementation of Exhaustion Policies: Lessons from National Experiences," was published as an issue paper by the International Centre for Trade and Sustainable Development, which is based in Geneva, Switzerland. The paper was recently distributed at the meeting of the World Intellectual Property Organization Copyright Committee meeting, also in Geneva, and has been selected for use in a course at University of Michigan Law School.
Lisa Alexander participated in the invitation-only roundtable "Participatory Governance in the 21st Century–Local to Global," held at the American Society of International Law headquarters in Washington, D.C. The December event brought together an interdisciplinary group of scholars to discuss participatory governance approaches at the local, national and global levels for the design of international institutions in the 21st century. The event was co-sponsored by ASIL's International Organizations Group and the Center for Law and Global Affairs at the Arizona State University School of Law.
In December, Keith Findley presented "Guilt in the Age of Innocence," part of the Mellon Interdisciplinary Workshop Series focusing on "guilt." The series is sponsored by the University of Wisconsin Center for the Humanities.
Alta Charo was a member of an Institute of Medicine committee that just released "Oversight and Review of Clinical Gene Transfer Protocols," a report outlining recommendations for improvements in oversight of gene therapy research, focusing on the balance between safety and innovation. The report also suggests consideration of oversight mechanisms across a host of other emerging technologies.
Alexandra Huneeus presented her paper, "The Role of the International Judge in Public Law Litigation," at the American Society of International Law Human Rights Workshop at Berkeley Law School in November.
Jason Yackee co-authored a study released by the government of the United Kingdom that analyzed the costs and benefits for the UK of an international investment treaty between the European Union and China. The study is one of three on international investment law that Yackee completed for the UK government.
Keith Findley presented and moderated the panel discussion "Misdiagnosis: Shaken Baby Syndrome," at the conference and 20th anniversary celebration of the Association in Defence of the Wrongly Convicted in Toronto, Ontario.
Andrew Coan presented "Commandeering, Coercion, and the Deep Structure of American Federalism" at the University of Arizona Law School Faculty Workshop in November.
Alta Charo chaired a joint workshop on ways to help patients avoid unproven, unsafe and ineffective stem cell treatments and to locate treatments and clinical trials most likely to lead to improvements or cures. Sponsored by the National Academy of Sciences and the Institute of Medicine, the meeting featured presentations by physicians, scientists, patient advocates, professional societies and regulatory experts. A workshop summary will be published soon.
Keith Findley presented "The Supreme Court's Criminal Law Decisions: The Year in Review" at the Wisconsin State Public Defender's Annual Criminal Defense Conference in November.
Gretchen Viney's article, "101: Using the Fee Agreement to Build Client Rapport," appears in the November 2013 edition of Wisconsin Lawyer.
Susannah Tahk presented her paper, "Public Choice Theory & Earmarked Taxes,"
at Loyola Law School in Los Angeles in November.
Alexandra Huneeus was invited by the Open Society Justice Initiative to speak at "From Rights to Remedies: Implementing International Human Rights Decisions," an event held at the Inter-American Commission of Human Rights, in Washington, D.C.
Jason Yackee presented his paper, "Political Risk and International Investment Law," at the 2013 symposium of the Duke Journal of Comparative and International Law. The symposium focused on investment in emerging markets and the problems of infrastructure development.
Brad Snyder presented his paper, "The Former Clerks Who Nearly Killed Judicial Restraint," at the 2013 Notre Dame Law Review Symposium, "The Evolution of Theory: Discerning the Catalysts of Constitutional Change." Snyder's paper will be published in a forthcoming edition of the Notre Dame Law Review.
Heinz Klug and Andrew Coan hosted the Wisconsin Discussion Group on Constitutionalism workshop, informally known as the "Con Law Schmooze." The topic of this year's schmooze, the fifth year the workshop was held at UW Law School, was "Federalism in Flux: The United States and Beyond."
Alexandra Huneeus' paper, "The Role of the International Judge in Public Law Litigation," won the American Society of Comparative Law's paper competition for younger comparativists. She presented it at the ASCL's annual meeting in Little Rock, Ark., in October.
Keith Findley presented a webcast seminar, "DNA Collection Upon Arrest after Maryland v. King," in October. The CLE seminar, hosted by the State Bar of Wisconsin, will be rebroadcast on Nov. 6 and Nov. 21.
Lisa Alexander presented her work in progress, “Occupy the Right to Housing,” at American University Law School’s Poverty Law: Cases, Teaching and Scholarship Conference in October.
Andrew Coan presented his paper, "Judicial Capacity and the Substance of Constitutional Law" at NYU School of Law.
Mitra Sharafi presented "Parsi Legal Culture in British India," both at Stanford University's religious studies department and at the University of Pennsylvania's legal history workshop. The lectures were in promotion of Sharafi's forthcoming book, "Law and Identity in Colonial South Asia: Parsi Legal Culture, 1772-1947," to be published in early 2014 as part of the American Society for Legal History's "Studies in Legal History."
David Schwartz's article, "Presidential Politics as a Safeguard of Federalism," has been accepted for publication by the Buffalo Law Review, in its May 2014 issue. The SSRN draft of the article was also featured in Lawrence Solum's Legal Theory blog.
Alexandra Huneeus was an invited participant at "International Courts in their Social & Political Contexts," a conference sponsored by the Danish Center for Excellence in International Courts held in Copenhagen in September.
Michele LaVigne was one of nine presenters at the First National Criminal Defense Forum on Forensic Mental Health, a two-day conference held in Denver this month. LaVigne's presentation was titled "The Prevalence of Language Impairments among our Clients and Why We Should Care."
Meg Gaines was recently appointed to serve on the Director's Consumer Liaison Group for the National Cancer Institute. The DCLG is a federal advisory committee comprised of advocacy leaders, who are selected for their expert understanding of the perspectives and dynamics of the cancer research community.
Lisa Alexander, as part of a team of 35 law professors and academic researchers, commented on the Department of Housing and Urban Development’s proposed rule to modernize its obligation to affirmatively further fair housing. With their comments, the team offered recommendations that will make the final rule a more effective tool for achieving its objectives.
Keith Findley participated in a roundtable discussion at the 2013 New York City Abusive Head Trauma/Shaken Baby Syndrome Conference. The September conference was sponsored by the Queens County District Attorney's Office.
Lisa Alexander, a member of the Wisconsin Advisory Committee to the U. S. Commission on Civil Rights, participated in the committee's September meeting in Madison. The agenda focused on hate crimes in Wisconsin, specifically the deadly hate attack that occurred at the Sikh Temple of Milwaukee last year.
In September, Keith Findley was a guest lecturer at Santa Clara University School of Law in Santa Clara, Calif., where he presented "Tunnel Vision in Criminal Cases."
Stewart Macaulay's work is the topic of an online symposium at ContractsProf Blog, which is a project of the Association of American Law Schools' Section on Contracts. The series of articles celebrates the publication of "Revisiting the Contracts Scholarship of Stewart Macaulay: On the Empirical and the Lyrical," a book edited by Jean Braucher, William Whitford and the late John Kidwell.
Keith Findley presented a talk on shaken baby syndrome in Austin, Tex., at a seminar called "Freeing the Innocent in Texas: The Cutting Edge of Theory and Practice," co-sponsored by the Texas Criminal Defense Lawyers Association and the Innocence Project of Texas.
Alta Charo has been named chair of a National Academy of Sciences committee that will plan and conduct a public workshop on unproven stem cell treatments and medical tourism. The November workshop will examine the risks of unsubstantiated stem cell treatment offerings, and discuss whether there is a global need for coordinated efforts to regulate stem cell clinic offerings.
Alta Charo was an invited panel participant at a July meeting of the Institute of Medicine's Committee on Ethics Principles and Guidelines for Health Standards for Long Duration and Exploration Spaceflights. Charo's presentation dealt with developing a new set of policy and ethics standards for NASA missions of long duration in which there are uncertain or unknown risks, or risks that go beyond current NASA limits.
Thomas W. Mitchell's article, "Growing Inequality and Racial Economic Gaps," appears in the current edition of Howard Law Journal. The article was published in connection with Mitchell's presentation at the 9th Annual Wiley A. Branton Howard Law Journal Symposium, titled "Protest and Polarization: Law and Debate in America in 2012."
Andrew Coan and Neil Komesar contributed to the Wisconsin Law Review's annual symposium issue, "Thirty Years of Comparative Institutional Analysis: A Celebration of Neil Komesar." Other contributors to the issue included former Hastie Fellow Michelle Goodwin and Law School alumnus Paul Olszowka.
John Ohnesorge presented "China's Developmentalism in Comparative Perspective" at the conference "Law and Development Strategies: Brazil and Beyond" in Sao Paulo, Brazil. The conference was organized by the law faculties of the University of Sao Paulo and the Getulio Vargas Foundation (FGV), as well as Harvard Law School's Institute for Global Law and Policy and UW Law School Professor Emeritus David Trubek.
Thomas W. Mitchell's article, "The Hastie Fellowship Program at Forty: Still Creating Minority Law Professors," was published in the June 2013 issue of the Wisconsin Law Review. The article provides a historical overview of the UW Law School program that was created as a result of Professor Emeritus James E. Jones, Jr.'s work and designed to increase diversity among tenure-track law faculties nationwide.
Alexandra Huneeus was a panelist for the plenary event "Reforma do Sistema Interamericano: Algumas Discussoes" held at the Defensoria Publica do Estado de Sao Paulo in Brazil. She was also a participant of the Workshop on Comparative Regional Human Rights Systems at the Center for Excellence for International Courts of the University of Copenhagen.
John Ohnesorge presented "Industrial Policy and Rule of Law Values: China as a 'Developmental State'" at a June conference hosted by City University of Hong Kong's Centre for Chinese and Comparative Law, "The Rule of Law with Chinese Characteristics in Transition."
Michele LaVigne was a faculty member at the National Criminal Defense College, held at Mercer Law School in Macon, Ga., in June.
Tonya Brito presented "Access to Justice in Child Support Enforcement Proceedings: Preliminary Findings of a Process-Based Empirical Research Project" at the Association of American Law Schools Workshop on Poverty, Immigration and Property in San Diego in June.
Andrew Coan participated in the workshop "Comparative Institutional Analysis and Global Governance," sponsored by the Robert Schuman Centre for Advanced Studies at European University Institute in Florence, Italy.
Ion Meyn presented his paper, "Discovery and Darkness: The Information Deficit in Criminal Disputes," at the Association of American Law School's Conference on Criminal Justice in San Diego. Professor Mary Leary commented on Meyn's paper.
Cecelia Klingele was a panelist for plenary session, "Mass Incarceration, Criminal Sentencing, and the Politics of Crime and Punishment" at the Association of American Law Schools Conference on Criminal Justice, held in San Diego in June. She spoke about the role of community supervision in reducing mass incarceration.
Keith Findley presented "At the Intersection of Law and Science: Shaken Baby Syndrome" at the 4th Annual Prescription for Criminal Justice Forensics conference, hosted by Fordham Law School in New York City. Findley's presentation was part of the panel, "Cutting Edge Research in Forensic Science."
Alta Charo has been appointed to the new Forum on Synthetic Biology, a project of the National Academies' Committee on Science, Technology and Law. The Synthetic Biology Forum's first activity will be a symposium on intellectual property issues, co-hosted by the Imperial College in London, and it has been asked by the U.S. Department of State to co-host a discussion later this year with the scientific and engineering academies of the United Kingdom and China.
Keith Findley's article, "Judicial Gatekeeping of Suspect Evidence: Due Process and Evidentiary Rules in the Age of Innocence," will be published in an upcoming edition of the Georgia Law Review.
Meg Gaines led a session titled “Patient and Community Roles in Transdisciplinary Professionalism” at a May workshop hosted by the Institute of Medicine of the National Academies in Washington, D.C. Gaines also helped plan the workshop, which addressed the development of a "new professionalism" for health care professionals and health care educators, who are increasingly challenged by the need to learn new technologies and to collaborate across disciplines.
Michele LaVigne presented "Effective Closing Arguments," which incorporated works by Maimonides, Walt Whitman, Frank McCourt, Miles Davis and Dave Brubeck, at the Wisconsin Trial Skills Academy in May.
Keith Findley presented "Winning Strategies for Machner Hearings," a lecture on effective techniques for litigating claims of ineffective assistance of counsel, at the Wisconsin State Public Defender's Appellate Skills Academy in May.
Lisa Alexander presented an early version of her paper “Law, Culture and Social Movements 2.0” at the Association for Law, Property and Society’s 4th Annual Meeting, held at the University of Minnesota Law School in April.
Ken Streit co-authored the article (with John Chisholm, Milwaukee County District Attorney) "As I See It: Expand Sentencing Options for Young Adults," which appeared in the May issue of Wisconsin Lawyer.
R. Alta Charo was appointed to serve on the Independent Review and Assessment of the Activities of the NIH Recombinant DNA Advisory Committee for the National Academies' Institute of Medicine. The committee will determine if gene transfer research raises issues of concern that warrant extra oversight by the Recombinant DNA Advisory Committee of individual clinical trial protocols involving gene transfer technique and will describe the criteria used in making this determination.
Heinz Klug presented "Constituting the State in Post-Colonial Africa: 50 Years of Constitution-Making towards an African Constitutionalism" in May, at the Penn Program on Democracy, Citizenship & Constitutionalism: 2013 Annual Conference, held at the University of Pennsylvania in Philadelphia.
Ion Meyn's article, "Discovery and Darkness: The Information Deficit in Criminal Law," has been accepted for publication in the Spring 2014 edition of the Brooklyn Law Review. In the article, Meyn contends that criminal defendants are structurally excluded from participating in the investigation of their own cases. According to Sentencing Law and Policy Blog, "this article this has an especially important sentencing salience given that 9 of every 10 convictions are the results of a plea bargain."
R. Alta Charo presented the keynote address, "Creating Change through Story Sharing" at the Wisconsin Women's Health Policy Summit, hosted in Madison by the Wisconsin Alliance for Women's Health. The event took place in May, just prior to the 2013 National Women’s Health Week.
Heinz Klug's article, "Constitutionalism, Democracy and Denial in Post-Apartheid South Africa," was published in Demokratie-Perspektiven (eds. Michael Bauerle, Philipp Dann and Astrid Wallrabenstein).
Thomas Mitchell, with Rachel Slocum of UW-La Crosse and seven others, co-authored a letter to the editor appearing in The New York Times May 3. Their letter refutes an April 26 article alleging widespread fraud in federal class action payouts to black farmers. The article "underplays the history of racial dispossession, uses cherry-picked examples, and creates needless antipathy to the lawsuit and the settlement with black farmers," they write.
Alta Charo presented the plenary lecture "New Approaches to Drug Development and Regulation" at the Harvard Law School Petrie-Flom Center for Health Policy conference, "The Food and Drug Administration in the 21st Century." The lecture was live blogged and archived on the center's website.
Mark Sidel is chairing the search committee for the University of Wisconsin-Madison's vice chancellor for legal affairs.
Lisa Alexander’s article, "Cyberfinancing for Economic Justice," appears in the April 2013 issue of the William and Mary Business Law Review. She also presented the article, which has a law and geography theme, at the American Association of Geographers’ Annual Meeting in Los Angeles, Calif.
Keith Findley presented two talks at the 2013 Innocence Network Conference held in Charlotte, N.C., in April: "Teaching the Law in a Clinic Environment" and "The NAS Report and the Path Forward: Four Years Later."
Keith Findley presented "Defending Shaken Baby/Abusive Head Trauma Cases: New Challenges to the Shaken Baby Hypothesis" at the National Association of Criminal Defense Lawyers conference, "Evolving Science and Faulty Forensics."
Alta Charo presented a draft of her paper on enhancing access to safe drugs for a faculty workshop at the University of California, Irvine's School of Law in April.
Melissa Scanlan's article, "Shifting Sands: A Meta-theory for Public Access and Private Property Along the Coast," will appear in the Winter 2013 issue of South Carolina Law Review.
Cecelia Klingele has been elected to the UW-Madison Teaching Academy in her first year of eligibility. Teaching Academy Fellows are faculty, academic staff and outreach instructors who have demonstrated excellence in teaching and a commitment to improving the quality of teaching and learning at UW-Madison and beyond.
Melissa Scanlan was invited to the University of Wisconsin Center for Limnology Seminar to present "Implementing the Public Trust Doctrine: A Lakeside View into the Trustees' World," based on her recent article published in Ecology Law Quarterly.
R. Alta Charo's latest article, "The Complexity of Integrating Speed and Safety in Drug Development and Approval," appears in the current issue of JAMA Internal Medicine.
Shubha Ghosh presented two lectures on personalized medicine patenting in March—one at Harvard Law School, and one at Yale Law School. The lectures were based on research from Ghosh's new book, "Identity, Invention, and the Culture of Personalized Medicine Patenting." Videos of both the Harvard and the Yale lectures are available online.
Alexandra Huneeus was an invited participant at the "Legitimacy and International Courts Roundtable," held at Duke Law School last month.
John Ohnesorge participated in the Third East Asian Law & Society Conference, held at the KoGuan Law School of Shanghai's Jiao Tong University. Also representing the University of Wisconsin was Sida Liu, sociology, a leading expert on the development of China's legal profession, and legal professions generally. Ohnesorge and Liu are participants in a multi-institution research project on Globalization, Lawyers, and Emerging Economies (GLEE).
Tonya Brito was invited to Southern Methodist University in Dallas to present at the SMU Law Faculty Forum. Brito's presentation was titled "Access to Justice for Low-Income Civil Litigants: Preliminary Findings of an Empirical Study of How Lawyers Matter in Child Support Enforcement Proceedings."
David Schwartz's article "High Federalism: Marijuana Legalization and the Limits of Federal Power to Regulate States" has been accepted for publication for the upcoming fall edition of the Cardozo Law Review.
Jason Yackee presented his work on investment treaties at Columbia Law School as part of the the Vale Columbia Center on Sustainable Development's speaker series on International Investment Law and Policy. Yackee was also an invited participant in the Workshop on Natural Resource Agreements and Development, held at the Maurer School of Law, Indiana University-Bloomington.
Andrew Coan presented "Judicial Capacity and the Conditional Spending Paradox" at a University of Arizona Law School faculty workshop in March. The paper is forthcoming in Wisconsin Law Review.
Tonya Brito presented "What We Talk About When We Talk About Matriarchy" at the 6th Annual Feminist Legal Theory Conference University, "Applied Feminism and Families," held at the University of Baltimore School of Law.
Melissa Scanlan presented "Virtual Water Exports through Agricultural Production from the Great Lakes" at DePaul University's Law Review Symposium on the Great Lakes.
Sumudu Atapattu participated in the Michigan State International Law Review Annual Symposium "Battle for the North: Is All Quiet on the Arctic Front?" Her presentation was called “Climate Change, Indigenous Peoples and the Arctic: The Changing Horizon of International Law.”
Cecelia Klingele's book, "Collateral Consequences of Criminal Conviction: Law, Policy and Practice," co-authored with Margaret Love and Jenny Roberts, was published in February.
Melissa Scanlan is the guest lecturer at Mercer Law School's Environmental Law Virtual Guest Speaker Series. Her recorded lecture on adaptive management and urban stormwater pollution will be available online for one week, during which students can review the lecture and pose questions and comments.
Stephanie Tai has served since 2007 on the Institute of Medicine's Committee on Decision Making Under Uncertainty, which this month published its report Environmental Decisions in the Face of Uncertainty.
Rachel Grob and Sarah Davis co-authored "The Affordable Care Act’s Plan For Consumer Assistance With Insurance Moves States Forward But Remains A Work In Progress," appearing in the February 2013 issue of Health Affairs. Other contributing authors include Mark Schlesinger, Deborah Cohen and Joshua Lapps.
Cecelia Klingele was appointed by the federal district court to the board of directors for the Federal Defender Services of Eastern and Western Wisconsin. Steve Hurley, an adjunct professor at UW Law School, was also reappointed to the board.
Michele LaVigne was an invited expert participant at the symposium "Trauma & Resilience: A New Look at Legal Advocacy for Youth." Held last month in Philadelphia, the symposium was sponsored by the Juvenile Law Center and funded by the Robert Wood Johnson Foundation.
Keith Findley's article "Shaken Baby Syndrome, Abusive Head Trauma, and Actual Innocence: Getting it Right" was published in the January 2013 issue of the Houston Journal of Health Law & Policy. Co-authors include Patrick D. Barnes, Stanford Medical School; David A. Moran, University of Michigan Law School; and Waney Squier, John Radcliffe Hospital.
Jason Yackee presented his working paper "Incorporating Legal Expertise into Political Science Studies of International Law" at the Cornell Law School's International Law/International Relations Colloquium.
Keith Findley presented "Judicial Gatekeeping of Suspect Evidence: Due Process and Evidentiary Rules in the Age of Innocence" at the Georgia Law Review Symposium in Athens, Ga. Hosted by the University of Georgia Law School, the symposium was titled "Evidence Reform: Turning a Grotesque Structure Into a Rational Edifice?"
Mark Sidel presented the third annual Neil Burton Memorial Lecture, "Neil Burton and the Historic Debate on China's Future: Echoes from the Past to the Present," at the University of Victoria, in Victoria, British Columbia.
Keith Findley was on faculty for the Federal Defender Persuasive Writing Workshop, an intensive three-day training program for federal defenders in Orlando, Fla.
David Schwartz co-authored (with Lori Ringhand, University of Georgia) "Constitutional Law: A Context and Practice Casebook," published this month by Carolina Academic Press.
Tricia Bushnell presented oral argument in State v. Tramell Starks, a Wisconsin Supreme Court case that involves pleading standards and procedures arising from a defendant’s claims of ineffective assistance. Co-counsel were Caitlin Plummer and Lindsey Smith, and student attorneys were R. Warren Beck, Michael Boshardy and Joshua Jarrret.
Tonya Brito accepted an invitation to serve on the Harvard Legal Aid Bureau's Alumni Advisory Board, a student-run, faculty-supervised legal services organization providing representation and legal assistance to low-income individuals. While a student at Harvard Law School, Brito served as a volunteer student lawyer at HLAB from 1987-1989, representing indigent clients in housing, benefits and family law matters.
David Schwartz presented "Political Safeguards of Federalism, Revisited: the Case of Marijuana Legalization" at conference in Herzliya, Israel. The conference, The Presidential Campaign of 2012: Campaign and Results, was hosted by the Lauder School of Government, Diplomacy and Strategy.
Cecelia Klingele co-edited the latest volume of the Federal Sentencing Reporter. Her introductory essay, "Vindicating the Right to Counsel," appears in the December 2012 edition, which is devoted to the right to counsel.
Tonya Brito was invited to Chicago, Ill., to participate in "Access to Justice: Re-envisioning and Reinvigorating Research," a small-group research workshop sponsored by the American Bar Foundation and the National Science Foundation. The goals of the workshop were to create and build a national Access to Justice research agenda and form partnerships on specific research projects.
Shubha Ghosh has joined the American Antitrust Institute's advisory board. Ghosh, an expert in the overlap of intellectual property, international intellectual property law and antitrust, has contributed significantly to several AAI amicus briefs. Recently, he co-authored a brief—with the Law School's Peter Carstensen and AAI's Randy Stutz—regarding Bowman v. Monsanto, a pending United States Supreme Court case.
Andrew Coan's article "Assisted Reproductive Equality: An Institutional Analysis" was and cited and quoted at length by Florida's Fifth District Court of Appeals in T.M.H. v. D.M.T., a case dealing with the parental rights of lesbian partners. Coan's article was originally published in Case Western Law Review.
Alexandra Huneeus' article, "International Criminal Law by Other Means," has won the annual Scholarly Papers Competition, sponsored by the American Association of Law Schools. The paper, to be featured on a special panel at the AALS annual meeting in New Orleans, examines the jurisdiction exercised by international human rights bodies in the prosecution of genocide, war crimes and crimes against humanity.
Stephanie Tai drafted an amicus brief on behalf of several former senior environmental officials regarding the U.S. Supreme Court case Decker v. Northwest Environmental Defense Center. A recent news article on the case drew substantively from Tai's brief, which argues that "point source" permits should be required for active logging roads.
Susannah Tahk presented the paper "Making Impossible Tax Reform Possible" at the Midwest Junior Tax Roundtable in December 2012.
In November, Alexandra Huneeus gave a talk at the Colloquium on the Inter-American Court of Human Rights in Mexico City. The event was sponsored by the Supreme Court of Mexico, the United Nations High Commissioner for Human Rights, the Facultad Latinoamericana de Ciencias Sociales, and the Comision de Derechos Humanas del Distrito Federal.
Andrew Coan's essay, "Judicial Capacity and the Substance of Constitutional Law," appears in the November 2012 issue of the Yale Law Journal.
Cecelia Klingele presented "U.S. Supreme Court: The 2011-2012 Term" at the 2012 Annual Criminal Defense Conference held in Milwaukee. The conference theme was "New Strategies, New Ideas: Criminal Defense for Modern Times."
Keith Findley presented "Cognitive Bias in Forensic Science" at the 2012 Annual Criminal Defense Conference in Milwaukee. The conference theme was "New Strategies, New Ideas: Criminal Defense for Modern Times."
Gretchen Viney presented "Learning from the Past: Renaissance of the Simulation Clinic?" at the 2012 Midwest Clinical Conference in St. Louis. In her presentation, Viney described a long-standing simulation clinic she uses to teach lawyering skills, which could serve as a model for other simulation clinics.
Tricia Bushnell, Sarah Davis and Mitch (with Sean O'Brien, University of Missouri School of Law) co-presented "Teaching Legal Resilience: Perseverance in the Face of Loss" at the 2012 Midwest Clinical Conference in St. Louis.
Mary Prosser traveled to the 2012 Midwest Clinical Conference in St. Louis to present (with Emily Hughes, University of Iowa College of Law) "Breaking Bad … News," an interactive examination of how law professors teach students to communicate bad news to clients, how they communicate bad news to students, how professors themselves receive bad news, and what can be learned from these experiences.
Sarah Orr, presented "One Clinician's Path: Reshaping a Venerable Clinic to Broaden Students' Experiences and to Address a Community in Crisis" at the 2012 Midwest Clinical Conference, held in St. Louis. Orr's presentation described changes she implemented as director of the Law School's Consumer Law Clinic, including adding services for homeowners facing foreclosure.
Cecelia Klingele presented the keynote address at the 2012 Symposium on Collateral Consequences of Criminal Records in Minneapolis, co-sponsored by the University of Minnesota Law School's Robina Institute and the Council on Crime and Justice.
Sarah Davis co-authored (with Kathleen Noonan) "Law in Action: Learning Health Law through Experience with Stakeholders at the Patient and System Levels," published recently in Indiana Health Law Review.
David Trubek's article "Towards a New Law and Development: New State Activism in Brazil and the Challenge for Legal Institutions," written with Professors Diogo Couthino of the University of Sao Paulo and Mario Schapiro from the Getulio Vargas Foundation in São Paulo (FGV), will be published in the 2012 edition of the World Bank Legal Review. A version is available at SSRN. The article is based on a chapter from the forthcoming book edited by Trubek and others entitled Law and New Developmental State: the Brazilian Experience in Latin American Context to be published by Cambridge University Press in 2013. He also recently completed "Law and Development 50 Years On" which traces the history and uncertain future of this field.
Brad Snyder presented "The Real Progressive Constitutionalist" at New York University School of Law Legal History Colloquium.
John Ohnesorge was invited to the University of Pennsylvania Law School in October to participate in The Future of Chinese Administrative Law, a unique gathering of Chinese and American scholars discussing the development of Chinese administrative law over the past thirty years, and exploring possibilities for reform today.
Shubha Ghosh's new book, Identity, Invention, and the Culture of Personalized Medicine Patenting, has received the praise of Oren Bracha, the Arnold, White and Durkee Centennial Professor at the University of Texas-Austin. In his endorsement, Bracha calls the book "an important and compelling account of the normative, sociological and cultural implications of patents related to personalized medicine and genes."
Gretchen Viney presented "The Lesser-Known Majority: An Examination of Sensing and Thinking" in October for the Madison Chapter of the International Association of Psychological Type. In the talk, Viney explained how she uses the Myers-Briggs Type Indicator in her law school teaching.
Sumudu Atapattu traveled to Washington, D.C., to serve on an advisory team called together by John Knox, the recently appointed Independent Expert on Human Rights and the Environment of the United Nations Human Rights Council. The group met in October to plan for the council's new mandate on human rights and the environment.
Alexandra Huneeus presented her paper, "International Criminal Law by Other Means," at the Judicial Institutions: Courts in Domestic and International Affairs conference. The event took place in October 2012 at Princeton University's Woodrow Wilson School of Public and International Affairs.
Andrew Coan's article "Judicial Capacity and the Conditional Spending Paradox" receives Lawrence Solom's enthusiastic recommendation on Legal Theory Blog. The article, to be published next year in the Wisconsin Law Review, examines the spending power and anti-commandeering principle through the lens of the author's judicial capacity model of Supreme Court decision-making.
Marc Galanter's 1974 article "Why the 'Haves' Come Out Ahead: Speculations on the Limits of Legal Change" is cited in the recently released Oil and Gas Accountability Project published by Earthworks. Galanter's article examines the how the frequency of participation in the legal system influences the outcomes of cases.
Mitra Sharafi's article, "Two Lives in Law: The Reminiscences of A. J. C. Mistry and Sir Norman Macleod, 1884-1926," appears in a new edited volume A Heritage of Judging: The Bombay High Court through 150 Years, D. Y. Chandrachud, Anoop V. Mohta and Roshan S. Dalvi, eds. The book also contains an article by Marc Galanter called "The Dog that Still Hasn't Barked: Lost Opportunities for Development of Ample Tort Remedies."
Darian Ibrahim's paper "Should Angel-Backed Start-ups Reject Venture Capital?" is forthcoming in the Michigan Journal of Private Equity and Venture Capital Law.
R. Alta Charo presented a seminar titled "Sex, Love, and Money: Trends in US Reproductive Health Policy," which was organized by the University of Wisconsin Department of Population Health Sciences and the UW Population Health Institute. Streaming video of the presentation is available at the UW School of Medicine's video library.
Keith Findley, along with colleagues from Arizona State University, presented "What Role Should Confessions Play in Diagnosing Abusive Head Trauma?" at the Twelfth International Conference on Shaken Baby Syndrome/Abusive Head Trauma. The presentation summarized Findley's current research regarding the diagnostic value of confessions in abusive head trauma/shaken baby syndrome cases, in light of new findings on false confessions.
In "Common Highway's and Forever Free," Melissa Scanlan explains how the Wisconsin Supreme Court Decision on the 1913 hunting dispute, Diana Shooting Club v. Husting, continues to define public water rights in the state. Her piece appeared in the October 2012 issue of Wisconsin Natural Resources magazine.
Alta Charo traveled to Nashville, Tenn., to deliver two presentations in September. As part of the Flexner Discovery Lecture Series at Vanderbilt University Medical Center, she presented "Faster, Safer, Better: Thoughts on Pharmaceutical Development," and for the Flexner Dean's Lecture Series, she presented "Duties of Care, Rights of Conscience" to students and faculty at the Vanderbilt University School of Medicine.
Lisa Alexander’s article, "Hip-Hop and Housing: Revisiting Culture, Urban Space, Power and Law," originally published in the UC Hastings Law Journal, has been selected for inclusion in a new anthology titled, Hip-Hop and The Law: The Key Writings That Formed the Movement. An edited version of the article will appear in the anthology, forthcoming in 2013, in the Hip-Hop and Property section. The anthology and its editors were also mentioned in the recent ABA Journal article titled "Hip-Hop at Law."
Michele LaVigne presented "Unveiling the Hidden Disability," her research on the behavioral and communicative effects of language impairments, at the Colorado State Public Defenders Annual Conference in Westminster, Colo.
Alexandra Huneeus gave a presentation for the Human Rights Colloquium of the Human Rights Center of the Universidad Diego Portales, Santiago, Chile, in September. Her presentation is published in El Sistema Interamericano y el Sistema Penal Internacional.
R. Alta Charo has been appointed by Health & Human Services Secretary Kathleen Sebelius to the Advisory Council of the National Institutes of Health's new National Center for Advancing Translational Sciences. The center promotes innovation in the development, testing and implementation of diagnostics and therapeutics across a wide range of human diseases and conditions. Charo was also appointed to a partner advisory group, the Cures Acceleration Network Review Board.
Darian Ibrahim is co-author (with Brian Broughman and Jesse Fried) of "Delaware Law as Lingua Franca: Evidence from VC-Backed Startups." The article suggests that a "lingua franca effect"--industry's familiarity with Delaware law--may be a driving factor in the state's dominance of the corporate chartering market.
John Ohnesorge taught in the Shanghai portion of the tenth annual Judicial Skills Training Seminar, conducted by the East Asian Legal Studies Center and the Shanghai High People's Court. Over two hundred judges from the Shanghai judiciary have participated in the program since its inception, as have judges from the Wisconsin judiciary, federal judges and senior lawyers from the area. Ohnesorge was joined this year by Judge William E. Hanrahan of the Dane County Circuit Court.
Keith Findley recently presented "Tunnel Vision in Criminal Cases" to a group of Texas police, prosecutors, judges and defense attorneys at the Center for American and International Law. The program was titled "Actual Innocence: Establishing Innocence or Guilt."
Shubha Ghosh's book, Identity, Invention and the Culture of Personalized Medicine Patenting, forthcoming from Cambridge University Press, focuses on human genome patenting and personalized medicine. An excerpt of the book is available online.
John Ohnesorge traveled to Taiwan's Academia Sinica to serve as a plenary discussant in the inaugural workshop of the program on Comparative Administrative Law in Asia. The theme of the August workshop was "Regulatory Uncertainty and Reason."
Alexandra Huneeus presented "Legal Responses to Mass Atrocity" at the August Luncheon of the Legal Association for Women in Madison.
Sumudu Atapattu, associate director of Global Legal Studies, is the author of the book chapter "International environmental law and soft law: a new direction or a contradiction?" in Non-State Actors, Soft Law and Protective Regimes (Cambridge, forthcoming 2012).
Darian Ibrahim's recent article "The New Exit in Venture Capital" in the 2012 Vanderbilt Law Review, received a positive review from JOTWELL: The Journal of Things We Like (Lots). Brigham Young University Associate Dean D. Gordon Smith praises the article as "an excellent introduction to these new [venture capital] markets, and an important contribution to the field of law and entrepreneurship."
Melissa Scanlon recently published "Implementing the Public Trust Doctrine: A Lakeside View into the Trustee's World" in Berkeley's Ecology Law Quarterly.
Jason Yackee's article, "Controlling the International Investment Law Agency," appeared in the Harvard International Law Journal (Vol. 53, No. 2).
John Ohnesorge presented the paper, "Lawyers as an Infant Industry: Globalization and Legal Market Access" at Global Governance: Critical Legal Perspectives, a conference recognizing the work of David Trubek. Ohnesorge says the UW Law School has attained global significance, thanks in large part to Trubek: "Dave's work contains the three intellectual strands that have set [us] apart: the social-scientific, the critical, and the international." Papers from the conference, hosted by the European University Institute in Florence, Italy, will be published in a Festschrift in Trubek's honor.
Shuba Ghosh recommends Mark Kelman's book The Heuristics Debate in JOTWELL: The Journal of Things We Like (Lots). In his review, Ghosh praises Kelman's overview of cognitive psychology and the rational choice paradigm, while tying the scholarship to legal policy and jurisprudence.
Shubha Ghosh's article, "The Quest for Effective Traditional Knowledge Protection: Some reflections on WIPO's recent IGC discussions," appears in the June 2012 edition of ICTSD Bridges Trade BioRes Review. The article discusses the April 2012 session on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore, hosted by the World Intellectual Property Organization (WIPO).
Keith Findley's paper, “Shaken Baby Syndrome, Abusive Head Trauma, and Actual Innocence: Getting It Right” will appear in the Houston Journal of Health Law and Policy (Volume 12, Issue 2), due out this fall. Findley's article, a response to an earlier piece published by Sandeep Narang, was called "a must-read for anyone facing or defending an SBS accusation" on the blog On SBS.
Gretchen Viney co-authored (with Maren Beermann '08) Guardianship and Protective Placement for the Elderly in Wisconsin, Third Edition, published by the State Bar of Wisconsin/Pinnacle Books. Viney was the sole author of the first and second editions of the book.
Tonya Brito authored the article "Father's Behind Bars: Rethinking Child Support Policy Toward Low-Income Fathers and Their Families," published in the Spring 2012 issue of The Journal of Gender, Race and Justice.
Louise Trubek's paper, "Adopting Accountable Care Through the Medicare Framework," appeared in the Seton Hall Law Review. The paper was co-authored by Barbara Zabawa '01 and Felice Borisy-Rudin '12.
Michele LaVigne presented on the effect of language deficits on the attorney-client relationship at the Trial Skills Academy in San Diego, sponsored by the Federal Office of Defender Services, and at the Annual Conference of Massachusetts Committee for Public Counsel Services.
Alexandra Huneeus published "Chávez vs. Inter-American human rights system" on IntLawGrrls. The post discusses recent threats to the OAS Human Rights System from Veneuzela's Hugo Chavez and other Latin American leaders.
Andrew Coan's recent article "The Irrelevance of Writtenness in Constitutional Interpretation" received a glowing review from JOTWELL: The Journal of Things We Like Lots (and Lots). Legal philosopher Frederick Schauer praises the article for "analytic precision, careful argument, useful distinctions, and just the right amount of philosophy".
Gretchen Viney presented "Role of the Guardian ad Litem in Children's Court" at the Statewide Adoption Partners Conference 2012, sponsored by Adoption Resources of Wisconsin. Viney led three "learning table" breakout sessions for professional involved in children's court and permanency planning. Viney also recently presented "Adult Guardian ad Litem Basics", a 90-minute CLE presentation.
John Ohnesorge recently participated in two events at the Harvard Law School as part of the project on Globalization, Lawyers, and Emerging Economies (GLEE). The first event, entitled "The Global Legal Profession," explored the globalization of the practice of law, as well as the roles of government, and of legal education, in that process. The second event, entitled "The Indian Legal Profession in the Age of Globalization," examined numerous ways in which globalization is affecting the practice of law in India, one of the countries at the core of the GLEE project. The University of Wisconsin Law School and Harvard Law School are the two founding institutional members of GLEE. In addition to Professor Ohnesorge, UW faculty participating in GLEE include David Trubek, Sida Liu, Louise Trubek, Shubha Ghosh, and Marc Galanter.
Allison Christians is a new feature contributor to Tax Notes International with a column entitled "The Big Picture". Her first installment "Putting Arbitration on the MAP: Thoughts on the New UN Model Convention" argues that the arbitration provision contemplated by the U.N. in its new model tax convention is more akin to third-party consultation, and that countries should be wary about undertaking it as a form of dispute resolution.
Marsha Mansfield was recently recognized by the State Bar of Wisconsin Pro Bono Honor Roll. The Pro Bono Honor Roll recognizes attorneys who provide pro bono legal services to low income Wisconsin residents by taking at least two cases or providing at least 50 hours of free legal services.
Thomas Mitchell served as the primary drafter of The Uniform Partition of Heirs Property Act, which was signed into law in Georgia on April 16, 2012, making Georgia the second state to enact the law. The act aims to produce fairer outcomes in how land is divided or sold in partition actions involving families who own tenancy-in-common property which is commonly referred to as heirs' property.
Julia Sherman, Coordinator of Wisconsin Alcohol Policy Project, discussed reducing drunk driving as part of The University of Wisconsin Population Health Institute briefing titled "Reducing Drunk Driving in Wisconsin: What Works, What Doesn't?"
Michele LaVigne's article "Breakdown in the Language Zone: The Prevalence of Language Impairments Among Juvenile and Adult Offenders and Why It Matters" was excerpted in the casebook "Children, Parents, and the Law: Public and Private Authority in the Home, Schools, and Juvenile Courts", Third Edition.
Jason Yackee's article "Administrative Procedures and Bureaucratic Performance: Is Federal Rule-making 'Ossified'?" was recently reviewed with high praise on the Jotwell Administrative Law blog.
Shubha Ghosh's paper "Informing and Reforming the Marketplace of Ideas: The Public-Private Partnership for Data Production and the First Amendment" (forthcoming, Utah Law Review) is "Recommended" by the Legal Theory Blog.
Alexandra Huneeus was invited to present her article "International Criminal Law by Other Means: Human Rights Review of National Prosecutions" at the "New Voices" panel at the American Society of International Law Annual Meeting in Washington, DC.
Margaret Raymond gave the keynote address at the Association for Women Lawyers annual Women Judges' Night in Milwaukee.
Andrew Coan presented his paper "Judicial Capacity and the Substance of Constitutional Law" at the University of Arizona Faculty Workshop. The paper will be published in Yale Law Journal this fall.
Lisa Alexander’s article The Promise and Perils of “New Regionalist” Approaches to Sustainable Communities is listed as a key publication for regional planning by the U.S. Department of Housing and Urban Development’s Sustainable Communities Resource Center.
Tonya Brito, the invited keynote speaker at the 2012 Annual Joint Family Law Program, presented "Shared Placement and Child Support in the US." The program, entitled "What's Time Got to Do With It? Examinations of Shared Custody and Child Support", was jointly sponsored by the Law Society of Manitoba, the Manitoba Court of Queen's Bench Family Division Judges, and the Manitoba Bar Association Family Law Section.
Michele LaVigne presented "Language Impairments Among Juvenile Offenders: Beyond Brain Development" at the National Legal Aid and Defender Association Conference: "Graham v. Florida Convening" in New Orleans.
Brad Snyder's paper "Rehnquist's Missing Letter: A Former Law Clerk's 1955 Thoughts on Justice Jackson and Brown" sheds new light on Rehnquist's career.
David Schwartz's article "Reply to Professor Rothstein" was a response to Professor Rothstein's "Response Essay: Some Observations on Professor Schwartz's "Foundation" Theory of Evidence"; both are published in the Georgetown Law Journal Online.
Kimberly Alderman presented "The Price of Heritage Crimes: A Comparative Analysis of Domestic Cultural Property Penalties" at the Association for Law, Property & Society Third Annual Meeting.
David Schwartz's article "Claim-Suppressing Arbitration: the New Rules" was published in the Indiana Law Journal.
Stephanie Tai presented at the Federalist Society Debate on EPA's Clean Air Act Regulations.
Andrew Coan's article "Judicial Capacity and the Substance of Constitutional Law" was accepted for publication in the Yale Law Journal.
Asifa Quraishi was a featured speaker at the Max Planck International Conference on Constitutional Reform in Arab Countries. The conference followed publication of their book "Constitutionalism in Islamic Countries" which includes a chapter by Professor Quraishi.
Lisa Alexander’s article "Hip-Hop and Housing: Revisiting Culture, Urban Space, Power and Law" was published in the UC Hastings Law Journal. Professor Alexander will present the paper at the Third Annual Meeting of the Association for Law, Property and Society (ALPS) at Georgetown Law School, March 2-3, 2012.
Shubha Ghosh presented his ongoing research on Justice Holmes' intellectual property jurisprudence at the Plenary Session of the Works in Progress conference held at The University of Houston Law Center, February 10-11.
Keith Findley's article "Shaken Baby -- Where is the Science and Where Are the Courts?" was published in Actual Innocence: Establishing Innocence or Guilty; Causes of and Solutions to Wrongful Convictions. Findley presented on the same topic at The Center for American and International Law Symposium in Plano, Texas.
David Schwartz participated in the panel presentation "'Faithful Execution': the Scope of Executive Discretion to Enforce the Controlled Substances Act Against Medical Marijuana" at Sturm College of Law at Denver University.
Kathleen Noonan gave a lecture at the Wisconsin State Capitol on January 26th as part of the University of Wisconsin Medical School, Emergency Medicine Department Advocacy Day. Her talk was entitled "The Affordable Care Act: Some Basics, and Some Complexities."
Andrew Coan's paper "Judicial Capacity and the Substance of Constitutional Law" is "Highly Recommended" by the Legal Theory Blog.
Kathleen Noonan's paper "Qualitative Case Review in a Child Welfare Lawsuit" is published in For the Welfare of Children: Lessons Learned from Class Action Litigation (PDF).
Elizabeth Mertz's paper "Social Science and the First Apprenticeship: Moving the Intellectual Mission of Law Schools Forward" was published in Legal Writing.
Cecelia Klingele presented "The Future of Early Release" at Georgia State Law School's symposium on "The Criminal Justice System in a Time of Economic Meltdown: Crisis or Opportunity for Reform?"
Shubha Ghosh has been named chair of AALS Section on Law and South Asian Studies and member of the Executive Committee of the Section on Internet and Computer Law.
R. Alta Charo has been appointed to be a member of the National Institutes of Health (NIH) Working Group on the Use of Chimpanzees in NIH-Supported Research.
Elizabeth Mertz's article "Undervaluing Indeterminacy:Legal Translations of Social Science" was published in the DePaul Law Review.
Cecelia Klingele has been appointed by the American Law Institute as Associate Reporter for the revision of the Model Penal Code's sentencing provisions.
R. Alta Charo has been appointed to serve on two new National Academies' committees: the Committee on Responsible Science, which drafts professional codes of conduct for the scientific research community, and the Committee on Health Outcomes of Childhood Immunization Schedules, which will make recommendations for improvements in childhood vaccine protocols.
Michele LaVigne presented "Language Impairments Among Offenders: The Evidence" at a conference presented by the Royal College of Speech and Language Therapists in Belfast, Northern Ireland. LaVigne presented the same topic for a coalition of Speech and Language Professional and Scottish Government officials in Edinburgh, Scotland.
John Ohnesorge presented "Korea's 'Chaebol' and the Functions of Corporate Law in Development" to faculty,staff, and students at the University of Washington School of Law.
R. Alta Charo testified as an expert witness on medical ethics in the case of Stormans v. Selecky, involving a challenge to the Washington State regulation requiring pharmacies to dispense properly written prescription medications including contraceptives.
David Schwartz's essay, "The 'Conjunction Problem': Its Cause and Cure," was published in the AALS Evidence Section Newsletter (Fall/Winter 2011).
Thomas Mitchell participated in the panel discussion "Protecting Heirs' Property: Uniform Laws and Social Justice" for an ABA CLE program.
Andrew Coan's paper "Is There a Constitutional Right to Select the Genes of One's Offspring?" was published in Hastings Law Journal.
David Schwartz's textbook, Evidence: Text, Cases and Problems (5th ed. 2011), co-authored with Allen, Kuhns, Swift and Pardo, was published by Wolters Kluwer.
Jason Yackee presented a lecture on regulatory ossification at the annual meeting of the American Bar Association's Section of Administrative Law and Regulatory Practice, in Washington, D.C.
Keith Findley gave a presentation, "Translating Social Science Research into System Reform," at the Annual Meeting of the American Society of Criminology in Washington, D.C.
Marc Galanter coauthored Lawtalk: The Stories Behind Familiar Legal Expressions with legal dictionary author James Clapp, SMU Dedman School of Law professor Elizabeth Thornburg, and Yale associate law librarian Fred Shapiro.
Melissa Scanlan and Arlen Christenson narrate "Crossing the Line: Defending Wisconsin's Environmental Commons," a documentary film about five Wisconsin community leaders who used the law to protect their rights to a clean and healthy environment. A showing of the film will take place November 15 in Milwaukee and will include a talk by Scanlan.
Stephanie Tai gave a presentation at the Annual Meeting of the Society for Social Studies of Science entitled "Two Tales of Sacred Cows: Industrial Dairy Farms, Raw Milk, and the Tensions of Science and Public Participation."
Kathleen Noonan delivered the Grand Rounds lecture with Dr. David Rubin on November 3 at Seattle Children's Hospital on "Elevating the Quality of Care for Children in Foster Care."
Alta Charo presented the keynote address, "Looking Toward 2012 and the Future of Reproductive Rights," to the annual meeting of Planned Parenthood of Wisconsin and to the annual meeting of the national organization Medical Students for Choice.
Shubha Ghosh gave the keynote address at the WIPO Conference on Traditional Knowledge in Tel Aviv. He also commented on a paper by Professor and Associate Dean Sheila Foster of Fordham Law School on the environmental justice movement and its relationship to the access to knowledge commons.
Cecelia Klingele presented a paper, "The Early Demise of Early Release," at the ABA/AALS Criminal Justice Legal Educators Colloquium in Washington, D.C.
Marsha Mansfield gave a talk at a conference on legal education reforms at Nanzan University in Nagoya, Japan. Her talk was on the history and development of clinical education in U.S. law schools with a specific focus on clinical opportunities at the University of Wisconsin.
Mark Sidel published a chapter on "Civil Society and Civil Liberties" in the Oxford Handbook of Civil Society. Additionally, his article "The 'Federalization' Problem and Nonprofit Self-Regulation: Some Initial Thoughts" was published in the Kentucky Law Journal.
Jason Yackee's article "Controlling the Investment Law Agency" was accepted for publication in the Harvard International Law Journal and his essay "Investment Treaties and Investor Corruption: An Emergent Defense for Host States?" was accepted for publication in the Virginia Journal of International Law.
Shubha Ghosh's review of Yale Law Professor Amy Chua'a's "Battle Hymn for the Tiger Mom" was accepted for publication in UCLA's Asian Pacific American Law Journal.
John Ohnesorge participated in the plenary panel, "The Confluence of Law and Markets in East Asia: Shareholder Democracy, Chaebol Familism, and Asian Developmentalism," at the East Asian Law and Society Conference at Yonsei University, Seoul. His presentation was entitled "Chaebol and the Functions of Corporate Law in Development."
Alexandra Huneeus' book, Cultures of Legality: Judicialization and Political Activism in Latin America, co-edited with Javier Couso and Rachel Sieder, was recently reviewed in the Political and Legal Anthropology Review, Law and Politics Book Review, and Journal of Latin American Studies.
Keith Findley gave the keynote lecture at OCU Law's INTEGRIS Health Law & Medicine Lecture Series, entitled "Challenging Shaken Baby Syndrome Convictions in Light of New Medical and Scientific Research."
Alexandra Huneeus' article, "Courts Resisting Courts: Lessons from the Inter-American Court's Struggle to Enforce Human Rights," was featured on Intlawgrrls and is also forthcoming in the Cornell International Law Journal.
The 2006 Wisconsin Law Review article by Keith Findley and Michael Scott entitled "The Multiple Dimensions of Tunnel Vision in Criminal Cases," formed the centerpiece for reforms recommended in this new report by the Public Service Prosecution of Canada. Chapter 4 of the Report draws on the article, referring to it as "one of the most significant papers on this subject."
David Schwartz's post, entitled "Do-it-yourself tort reform: How the Supreme Court quietly killed the class action," appeared on SCOTUS Blog. The post comments on the Supreme Court's recent decision in AT&T Mobility v. Concepcion.
John Ohnesorge was a featured speaker at a Madison International Trade Association (MITA) meeting on the topic, "U.S.-China Business Relations: Implications of a Rising China for U.S. Business." The event was co-sponsored by the UW School of Business' Center for International Business Education and Research (CIBER), as well as the Wisconsin China Initiative, which Professor Ohnesorge chairs.
Keith Findley, Tricia Bushnell, and Peter Moreno of the Wisconsin Innocence Project submitted an amicus brief to the U.S. Supreme Court in Williams v. Illinois. The case, currently pending before the Court, will address whether a court violates a criminal defendant's rights under the Confrontation Clause when it allows an expert witness to testify about the results of DNA testing conducted by another analyst who has not appeared as a witness at the trial.
Cecelia Klingele's paper, "First Thoughts About 'Second Look' and Other Sentence Reduction Provisions of the Model Penal Code: Sentencing Revision," co-authored with Margaret Colgate Love, was featured on the Sentencing Law & Policy Blog.
Darian Ibrahim posted his paper, "Should Angel-Backed Start-ups Reject Venture Capital," to the Social Science Research Network. The paper argues the counterintuitive proposition that venture capital has several hidden downsides for certain start-ups.
Shubha Ghosh gave a presentation, "Developments in International IP Law: The Costco Non-Decision, Famous Marks, and Copyright Revival," at the Sixth Annual Door County Intellectual Property Academy.
Meg Gaines was a panelist on "Engaging Consumers through Better Information at Promoting Higher Quality and Value through Health Insurance Exchanges," a health insurance exchange event hosted by the Engelberg Center for Health Care Reform at the Bookings Institute in Washington, D.C.
Shubha Ghosh co-edited and contributed to Creativity, Law and Entrepreneurship, a collection of essays from the April 2009 conference on Creativity, Law, and Entrepreneurship organized by Ghosh. The collection was recently published in the UK and will soon be available in the US.
Keith Findley and Byron Lichstein participated in the 2011 Applied Legal Storytelling Conference, which fosters innovative collaboration and dialogue about the persuasive use of story across the spectrum of lawyering skills.
Michele LaVigne gave the keynote presentation, "Breakdown in the Language Zone: The Prevalence of Language Impairments Among Juvenile Offenders and Why It Matters," at the Robert E. Shepherd, Jr. Juvenile Law and Education Conference at the University of Richmond Law School.
Elizabeth Mertz presented her paper, "Changing Nature of Curriculum and Teaching," at the Plenary Panel of the State of the Legal Academy in the 21st Century Law School, AALS Workshop.
Kimberly Alderman has been appointed Vice-Chair to the Art & Cultural Heritage Law Committee of the ABA Section of International Law for the 2011-12 term.
Lisa Alexander's article, "The Promise and Perils of 'New Regionalist' Approaches to Sustainable Communities," published in the Fordham Urban Law Journal, made 5 SSRN Top 10 Lists in its first few weeks online. Professor Alexander will also be a visiting scholar this summer at the Furman Center for Real Estate and Urban Policy, a leading academic research center on real estate, land use and housing development at NYU's School of Law.
Keith Findley presented his paper, “Forensic Science Evidence in the Age of the NAS,” at the 2011 Criminal Law & Sentencing Institute, Wisconsin Office of Judicial Education. This was a presentation to 125 judges from Wisconsin's trial and appellate courts as a part of the Wisconsin Supreme Court's judicial education program.
Alexandra Huneeus presented her paper, "Courts Resisting Courts: Lessons from the Inter-American Court’s Struggle to Enforce Human Rights," at the 2nd Regional Colloquium on Globalization of Law, International Organizations and International Law, University of Chicago.
Heinz Klug presented his paper, "Achieving Rights to Land, Water and Health in Post-Apartheid South Africa," at the conference on "Rights and Their Translation into Practice: Toward a Synthetic Framework" at the Rogers College of Law, University of Arizona.
Sumudu Atapattu presented her paper, "The Role of Human Rights Law in Protecting Environmental Rights in South Asia," at the conference on "Rights and Their Translation into Practice: Toward a Synthetic Framework" at the Rogers College of Law, University of Arizona.
Shubha Ghosh presented at the UC Davis School of Law CSIS Symposium on efforts in India to adopt legislation modeled on the Bayh-Dole Act enacted in the U.S. in 1980. The comparative analysis focused on understanding the policy rationale for Bayh-Dole legislation from a law and development perspective.
David Schwartz presented his paper, "Narrative Statutory Interpretation," at the Works in Progress Workshop, Denver University, Sturm College of Law.
Lisa Alexander's article, "The Promise and Perils of 'New Regionalist' Approaches to Sustainable Communities," published in the Fordham Urban Law Journal, is posted on SSRN. Professor Alexander was one of four main authors selected to publish her article as part of the Journal's Cooper-Walsh Colloquium, which annually gathers experts to discuss the most pressing contemporary issues in urban affairs.
Michele LaVigne's article, "Breakdown in the Language Zone: The Prevalence of Language Impairments Among Juvenile and Adult Offenders and Why It Matters," has been accepted for publication in the Winter 2011 edition of the UC Davis Journal of Juvenile Law and Policy. Since its publication, the article has been incorporated into numerous training materials by a number of criminal and juvenile defender associations and listserves around the country.
Mitra Sharafi presented a talk titled "Legal Strategies of an Ethno-Religious Minority: The Parsis of British India" at the First Annual Asian Studies Language Symposium, co-sponsored by Crane House and the University of Louisville. Sharafi spoke on Indian legal history and was joined by political scientists Patricia Maclachlan (UT-Austin) on Japan and Andrew Nathan (Columbia) on China.
Gretchen Viney presented "Role of the Family Court Guardian ad Litem: Managing Expectations and Avoiding Surprises" to judges and commissioners attending the Judicial Education Family Law Workshop in Elkhart Lake, April 13-15.
Keith Findley presented his paper, "Defining Innocence," at a session entitled "New Wrongful Conviction Scholarship" at the Innocence Network Annual Conference: An International Exploration of Wrongful Conviction at the University of Cincinnati College of Law.
Victoria Nourse and Brad Snyder were panelists at the conference Legislative Clerkships and Their Implications for Legal Education, Politics, and the Law, sponsored by Georgetown University Law Center and Stanford Law School.
Andrew Coan’s paper, “The Future of Reproductive Freedom,” has been accepted for publication in Hastings Law Journal. Additionally, his symposium essay, “Assisted Reproductive Equality: An Institutional Analysis,” was published in Case Western Reserve Law Review.
Kimberly Alderman presented her paper, “The Designation of West Bank Mosques as Israeli National Heritage Sites: Using the 1954 Hague Convention to Protect Against In Situ Appropriation of Cultural Sites,” at the Creighton University School of Law Fourth Annual Law Review Symposium on Ethics in War, Terrorism, and Military Law.
Jason Yackee spoke on the divergence and convergence of international trade and investment law at the annual conference of the American Society of International Law, in Washington, D.C. ASIL is the leading professional organization for international law scholars and practitioners.
Andrew Coan’s essay, “Toward a Reality-Based Constitutional Theory,” has been accepted for publication in Washington University Law Review. The essay makes the case for a new reality-based approach to constitutional theory and offers practical suggestions for getting such an approach off the ground.
Keith Findley spoke in a series of symposia entitled “Victim Empowerment through DNA Forensics,” presented to human rights workers, prosecutors, police, and academics at a series of sites in South Africa, including the National Prosecuting Authority in Johannesburg, the Centre on Human Rights at the University of Pretoria, the National Prosecuting Authority in Port Elizabeth, the Nelson Mandela Metropolitan University in Port Elizabeth, and the University of the Western Cape in Cape Town.
Kimberly Alderman presented her paper, “The Evolution of the Cultural Property Protection Model from a Property to a Human Rights Framework,” at the Association for Law, Property & Society's Second Annual Meeting at the Georgetown Law Center.
Shubha Ghosh presented his paper, “On Trade and Intellectual Property,” at the UCLA Symposium on International Intellectual Property and the 21st Century.
Additionally, his paper, “The Sale of Patented Methods,” which was co-authored with Lucas Divine ’09, has been accepted for publication in the Fall 2011 issue of AIPLA Quarterly Journal.
Darian Ibrahim's paper, “The New Exit in Venture Capital,” has been accepted for publication in the Vanderbilt Law Review. The paper is the first to explore the secondary markets that are emerging for the sale of private start-up stock and limited partnership interests in venture capital funds.
David Schwartz’s article, “A Foundation Theory of Evidence,” has been accepted for publication in The Georgetown Law Journal. The article articulates a “foundation principle” that is implicit in the Federal Rules of Evidence and the structure of legal claims, and argues that foundation, not relevance, embodies our fundamental understanding of admissible evidence.
Darian Ibrahim's recent paper, "Financing the Next Silicon Valley," originally published in the Washington University Law Review, has been selected for reprinting in Securities Law Review. It is Professor Ibrahim's third straight article to be peer selected for reprinting.
Cecelia Klingele gave a presentation entitled "Managing Prison Populations through Legislative Reform" at the West Virginia College of Law for its symposium Crime & Punishment: The Legal Ramifications of Prison Overcrowding.
Mitra Sharafi has been awarded a Mellon Fellowship for Assistant Professors at the Institute for Advanced Study in Princeton for the 2011-12 academic year. Sharafi will use the fellowship to begin work on a project on medical jurisprudence in colonial India.
John Ohnesorge was a featured speaker at the J.B. Moore Society of International Law's 60th Anniversary Symposium on the Rule of Law. Professor Ohnesorge's talk was on the relationship between economic development and the Rule of Law concept, with a focus on East Asia and China.The J.B. Moore Society is the University of Virginia School of Law's international law society, and is one of the oldest such societies in the U.S.
Jason Yackee presented his paper “Do Bilateral Investment Treaties Promote Foreign Direct Investment?” at workshops at the University of Georgia Law School and the Penn State Dickinson School of Law. The paper presents empirical evidence, consistent with “law and society” theory, that multinational corporations do not view international legal protections as very important when deciding whether and where to invest abroad.
The Wisconsin Law Journal published Byron Lichstein’s article examining whether the state legislature’s adoption of the Daubert standard for forensic science evidence will help prevent wrongful convictions. In the article, Lichstein argues that unreliable forensic evidence has frequently led to wrongful convictions and that Daubert has the potential to exclude such unreliable evidence, but that it has been applied unevenly in criminal cases by lawyers and judges in other states.
Kimberly Alderman gave a presentation, "The Evolution of the Cultural Property Protection Model Toward a Human Rights Framework and the Implications for Sovereignty," at the Michigan State University College of Law Journal of International Law's 2011 Annual Symposium on Sovereignty in Today's World. The presentation was part of a panel discussion, "The Effects of Human Rights Norms on Sovereignty."
Andrew Coan presented his paper, “The Future of Reproductive Freedom,” at the University of Texas Colloquium in Constitutional and Legal Theory. The paper explores whether courts are the institution best suited to carry into effect reproductive liberty goals.
Cecelia Klingele was on a panel at a symposium of Ohio policymakers and criminal justice practitioners titled "Ohio's Sentencing Policies and Practices, Costs and Consequences." The panel provided a national perspective on criminal justice system reform in the wake of the financial crisis.
John Ohnesorge gave a presentation at the U.S.-China Economic Law Conference called “China's Industrial Policy and the Regulation of Foreign Investment.” The conference was jointly organized by University of Michigan Law School, University of Michigan Center for Chinese Studies, and the Wayne State University Law School.
Darian Ibrahim’s recent paper, "Debt as Venture Capital,” originally published in the Illinois Law Review, has been selected for reprinting in the prestigious Corporate Practice Commentator edited by Professor Robert Thompson of Georgetown University Law Center. It is Professor Ibrahim's second paper to appear in this publication.
Justice Louis Butler was recently elected to Lawrence University's Board of Trustees.
Shubha Ghosh has uploaded a paper, “The Sale of Patented Methods,” coauthored with Lucas Divine, UW Class of 2009 and current Intellectual Property Counsel at Panasonic. The paper deals with tensions in patent law after the Supreme Court's 2008 decision in Quanta v. LG Electronics. The paper will be submitted for publication in the spring.
Jason Yackee presented his working paper, “Testing the Ossification Thesis,” at faculty workshops at the University of Texas Law School and the Vanderbilt University Law School. The paper challenges the widespread notion that procedures designed to ensure bureaucratic accountability and regulatory rationality have prevented federal agencies from effectively regulating in the public interest.
Andrew Coan’s health care op-ed, “Is health care reform unconstitutional?” explores how both sides of the health care are right (and wrong) in the debate over the limits of federal power. The January 24 piece is among the top 10 popular stories in the National Law Journal.
The Green Bag: An Entertaining Journal of Law named Brad Snyder's article "Taking Great Cases: Lessons from the Rosenberg Case," published in the Vanderbilt Law Review, as one of the best long articles of 2010. The 2011 Green Bag Almanac and Reader is a collection of the best legal writing of the past year, from court opinions to scholarly articles to news stories. Professor Snyder's article was one of 12 to get recognition in the long-article category.
John Ohnesorge made a presentation titled "Asian Legal Studies in America: 50 Years of Growth and Change," at the "Combination and Competition of Law in Asia" conference, held at Chonbuk National University in Jeonju, Korea. Professor Ohnesorge was invited as an authority on Asian legal studies in American law schools, and his presentation reviewed the growth of the field, as well as its current trajectories.
Brad Snyder posted his paper "The Judicial Genealogy (and Mythology) of John Roberts: Clerkships from Gray to Brandeis to Friendly to Roberts," forthcoming in the Ohio State Law Journal, on SSRN. The article reorients clerkship scholarship away from clerks' influence on judges to judges' influence on clerks by addressing the influence that Second Circuit Judge Henry Friendly had on his clerk, the current Chief Justice Roberts.
Boaventura de Souza Santos, a Distinguished Scholar in the UW Law School's Institute for Legal Studies, was awarded a 5-year, $3.2 million grant for a project entitled "Strange Mirrors, Unsuspected Lessons: Leading Europe to a New Way of Sharing the World Experiences." The project's objective is to develop new paradigms for social change in Europe by conducting comparative research in Bolivia, Brazil, Ecuador, France, India, Italy, Portugal, South Africa, and the United Kingdom. The project is expected to generate several scholarly books and articles.
Kathleen Noonan and David Rubin co-authored an op-ed for the Philadelphia Inquirer about the impact the current recession has had on children. Both Rubin and Noonan contributed to a study by the PolicyLab at the Children's Hospital of Philadelphia that found that there were 2 million more children in poverty in 2009 than there was just two years earlier.
John Ohnesorge was featured in a panel discussion entitled "Conflict in the West Sea: Reigniting the Korean War," organized by the UW Center for East Asian Studies. Professor Ohnesorge, who also is Director of the Law School's East Asian Legal Studies Center and Chairman of the Wisconsin China Initiative, was joined on the panel by UW History professors Jeremi Suri, Charles Kim, and Joe Dennis.
Katherine Y. Barnes and Elizabeth Mertz have posted "Is it Fair? Law Professors' Perceptions of Tenure," forthcoming in the Journal of Legal Education, on SSRN. The study combines a national survey of tenured law professors and in-depth follow-up interviews with 95 of those professors. Although most professors thought the tenure process was fair, the study found that female professors and professors of color perceived the tenure process as more difficult and less fair than did their male and white colleagues.
Neil Komesar will present a workshop on Comparative Institutional Analysis and Global Governance, and will serve as senior fellow in the Global Governance Programme at the European University Institute during Spring 2011. The workshop will address a variety of issues, including world trade, global warming, conservation of common resources, health, justice, and others.
Andrew Coan posted his paper "The Future of Reproductive Freedom" on SSRN. While most scholarship on new reproductive technologies has focused on the normative questions, this paper instead asks which institution - the judicial system or the political branches - is best situated to decide such questions.
Thomson West has published the second edition of the casebook "Intellectual Property: Private Rights, the Public Interest, and the Regulation of Creative Activity," by Shubha Ghosh, Richard S. Gruner, Jay P. Kesan, and Robert I. Reis. The book is unique in its coverage of international and transactional issues as well as traditional intellectual property law and policy, and has been adopted by about a dozen schools beyond the home schools of the authors.
Andrew Coan has posted "Assisted Reproductive Equality: An Institutional Analysis," forthcoming in the Case Western Reserve Law Review, on SSRN. A brief symposium essay, the paper suggests new ways that comparative institutional analysis can be used to analyze the constitutional questions surrounding assisted reproduction.
Palgrave Macmillan has released a paperback edition of "Intellectual Property and Theories of Justice," an edited volume including a chapter by Shubha Ghosh on intellectual property in the administrative state. The book, originally published in hardcover in 2008, has received excellent reviews from scholars of economics, law, and philosophy.
Palgrave Macmillan has released a paperback edition of "Intellectual Property and Theories of Justice," an edited volume including a chapter by Shubha Ghosh on intellectual property in the administrative state. The book, originally published in hardcover in 2008, has received excellent reviews from scholars of economics, law, and philosophy.
Mark C. Suchman and Elizabeth Mertz published an article titled "Toward a New Legal Empiricism: Empirical Legal Studies and New Legal Realism" in the December 2010 edition of the Annual Review of Law and Social Science. The article was "highly recommended" on the Legal Theory Blog, which describes it as a "compact and elegant paper."
Shubha Ghosh submitted an entry summarizing current legal and policy issues surrounding the migration of skilled labor across national borders for the Ashgate Research Companion to Migration Law and Policy, forthcoming in 2011. The migration of skilled workers has implications for knowledge spillovers, industrial espionage legislation, and migration policy.
Shubha Ghosh contributed chapters on international patent treaties, competition law, prior art, and litigation to Global Issues in Patent Law, a new and innovative book on international patent law. The book is being published by Thompson-West in December 2010.
Jason Yackee's article, "How much do U.S. corporations know (and care) about bilateral investment treaties? Some hints from new survey evidence," was featured in Columbia FDI Perspectives, an electronic publication of the Vale Columbia Center on Sustainable International Development.
Jason Yackee presented his paper, "Do Bilateral Investment Treaties Promote Foreign Direct Investment? Some Hints from Alternative Evidence," at the biennial conference of the American Society for International Law's International Economic Law Interest Group in Minneapolis. At the conference, Professor Yackee also was elected to serve as the Interest Group's co-Vice Chair.
John Ohnesorge presented a paper at the annual meeting of the American Society for Legal History entitled "Administrative Law in East Asia." The paper is based on a book chapter that will appear in a forthcoming edited volume on comparative administrative law, and is part of a larger research project in which Professor Ohnesorge explores the social, political, and historical roots of national administrative law systems.
Kim Alderman gave a presentation titled "Honor Amongst Thieves: The International Subculture of Art Crime," at the annual meeting of the American Society of Criminology. The presentation, part of a panel discussion titled "Antiquities Trafficking: Complementary Countermeasures," explored whether the criminalization of trade in illegally excavated materials has deterred such trade, or has created a market for such materials.
John Ohnesorge participated in a conference entitled "Law and Development in the BRICS," hosted by the law faculty of the Getulio Vargas Foundation, Sao Paulo, Brazil. The conference focused on common issues of law and economic development among Brazil, Russia, India, and China - the so-called "BRIC" countries. Professor Ohnesorge was invited to discuss aspects of Brazil's regulation of foreign investment based upon the experiences of China and East Asia.
Darian Ibrahim spoke at a colloquium on angel investors as part of the Illinois Corporate Colloquium at the University of Illinois College of Law. Professor Ibrahim, whose scholarship has addressed angel investing, was joined in the colloquium by Raulee Marcus, a member of the Southern California-based Tech Coast Angels, the largest angel investing group in the country.
David Schwartz presented his paper, "Claim-Suppressing Arbitration," at a conference titled "Labor and Employment Law Under the Obama Administration: A Time for Hope and Change?" at the Indiana University Maurer School of Law. The final version of Professor Schwartz's paper will be published in the Spring 2011 edition of the Indiana Law Journal.
Kathleen Noonan led several sessions at a national joint meeting of Medicaid Medical Directors and Child Welfare Medical Directors in Arlington, Virginia. The meeting addressed such topics as clinical needs of youth in foster care and the use of data and data-sharing arrangements to improve child health care quality and coordination.
- Mitra Sharafi's book manuscript, "Parsi Legal History in British India," will be the focus of the UW Center for the Humanities First Book Project for 2011. A group of inside and outside readers will meet to discuss the manuscript during the spring 2011 semester.
Marsha Mansfield and two co-authors have published an article in the Wisconsin Lawyer examining Wisconsin's individual-at-risk restraining order. In 2006, the Wisconsin Legislature amended the existing law to address abuse against elderly people and younger vulnerable adults. The article examines the effectiveness of the new law, based on the results of a study looking at the first 30 months of the order's availability.
- Keith Findley spoke at the New York Law School Law Review Symposium: Exonerating the Innocent: Pre-Trial Innocence Procedures." Professor Findley was part of a panel discussion titled "Political and Practice Considerations: Statutes and Demonstration Projects."
Jason Yackee's article, "The 2006 Procedural and Transparency-Related Amendments to the ICSID Arbitration Rules: Model Intentions, Moderate Proposals, and Modest Returns," has been published in the Yearbook on International Investment Law and Policy for 2009-10. The Yearbook is published by Oxford University Press and contains contributions from top scholars in the field of international investment law. The article was co-authored with Professor Jarrod Wong of the University of the Pacific McGeorge School of Law.
Martha "Meg" Gaines of the Center for Patient Partnerships was given the Cancer Control Champion Award at the Wisconsin Cancer Council's annual awards program. The award recognizes individuals and organizations that have made a significant contribution to cancer control efforts in Wisconsin, consistent with the mission of the Wisconsin Cancer Council and the Wisconsin Comprehensive Cancer Control Plan.
Darian Ibrahim's latest paper, "The New Exit in Venture Capital," has made seven SSRN Top Ten download lists since it was posted two weeks ago. The paper is the first to explore the new secondary markets that are emerging for the sale of private start-up stock and limited partnership interests in venture capital funds.
Mitra Sharafi published an article titled "The Marital Patchwork of Colonial South Asia: Forum Shopping from Britain to Baroda" in a special forum issue of Law and History Review, a leading legal history journal. The special three-article forum, edited by Elizabeth Kolsky and with comment from Sally Engle Merry, is the product of the Law and Society Association International Research Collaborative on South Asian Legal History that Professor Sharafi organized.
A recent article by Michele LaVigne and Gregory Van Rybroek, "Breakdown in the Language Zone: The Prevalence of Language Impairments Among Juvenile and Adult Offenders and Why it Matters," was recently listed on SSRN's Top Ten Downloads list for Law & Society: Family Law, Relations & Dispute Resolution eJournal. The article is scheduled for publication in the Fall 2010 edition of the UC Davis Journal of Juvenile Law and Policy.
Kathleen Noonan moderated a CEO panel in Philadelphia on "New Opportunities in Pediatric Care: Children's Hospitals' Responses to Healthcare Reform" at the Kids Come First Summit. The conference is sponsored by the nation's leading children's hospitals, and was kicked off by Cindy Mann, Director of Medicaid and State Operations for the Centers for Medicare and Medicaid Services.
Lisa Alexander will present her paper, "The Promise and Perils of New Regionalist Sustainable Communities" (Urban Law Journal, forthcoming Spring 2011), at the annual Cooper-Walsh Colloquium hosted by Fordham Urban Law Journal. The Colloquium, which annually gathers experts to discuss the most pressing contemporary issues in urban affairs, will address the topic, "Location, Location, Location: Where Should Regulation Originate?" Professor Alexander was selected as one of four main presenters based on her research and expertise in housing and the law.
Gretchen Viney and Nilesh Patel are contributing authors to the "Law Practice Toolkit: The Wisconsin Lawyer's Guide to a Better Law Practice," published by Wisconsin Lawyers Mutual Insurance Co. Professor Viney covered "unbundled legal services" and "dealing with pro se individuals," while Mr. Patel provided general oversight and information.
Darian Ibrahim has posted his paper, "The New Exit in Venture Capital," on SSRN. New secondary markets have arisen that allow broader access to investment in private start-ups such as Facebook and Twitter. Professor Ibrahim's article is the first to examine these venture capital secondary markets in their present state and to contemplate their further development.
John Ohnesorge chaired the third annual meeting of the Leadership Board of the Wisconsin China Initiative. The China Initiative is a UW- and Wisconsin-wide initiative focussing on greater China (Taiwan, Hong Kong, Singapore, and the Peoples Republic of China). The Leadership Board consists of UW alumni with China expertise in business, government, and academe, who provide advice and guidance to the initiative.
Cambridge University Press has approved the grant of a book contract for publication, pending final approval by the UK board, of Shubha Ghosh's book, "Identity and Invention: Patents and Personalized Medicine." The book will examine patents on inventions for personalized medical treatment through a study of the social and economic context of patenting and the current renewed debate about gene-based and medical diagnostic testing. Outside reviewers were enthusiastic about the book, the manuscript for which should be ready in a year.
Jason Yackee has been nominated to serve as vice chair of the American Society of International Law's (ASIL) International Economic Law Interest Group. ASIL is the premier association of international law scholars and practitioners. The International Economic Law Interest Group engages in various activities, including conferences and study projects, and seeks to assist in fostering greater understanding in education and international economic law.
Keith Findley is scheduled to speak at the 2nd Annual African DNA Forensics Conference October 28-29 in Pretoria, South Africa. The interdisciplinary conference, co-hosted by Bode Technology and Inqaba Biotech, will address issues such as post-conviction DNA testing and human trafficking.
An article by Michele LaVigne and Gregory Van Rybroek entitled "Breakdown in the Language Zone: The Prevalence of Language Impairments Among Juvenile and Adult Offenders and Why it Matters" was listed on SSRN's Top Ten downloaded lists for both Family Law and Representing Children & Children's Interests. The article is slated for publication in the UC Davis Journal of Juvenile Law and Policy.
Keith Findley participated in Cardozo Law School's symposium on prosecutors' disclosure obligations, and acted as the reporter for a working group that described a "best practices" disclosure process for prosecutors' offices. The report was included in the June 2010 volume of the Cardozo Law Review.
Leslie Shear, with co-authors Julie Poehlmann, Danielle Dallaire, and Ann Booker Loper, published an article titled "Children's Contact with their Incarcerated Parents: Research Findings and Recommendations," in the September 2010 volume of the American Psychologist. The article suggests some best practices for such contact, and identifies areas for future research.
John Ohnesorge taught a seminar titled "Law and Development in Northeast Asia's Developmental States" as a visiting professor at the law school of the Getulio Vargas Foundation (Direito GV) in Sao Paulo, Brazil. The seminar served policy makers, students, and scholars in Brazil who increasingly are interested in learning about development policies in East Asia.
Kenneth M. Streit, writing with Milwaukee County District Attorney John T. Chisholm, published an article titled, "Sentencing Options: Why Restrict Judges?" in the September 2010 edition of the Wisconsin Lawyer. The article argues for giving judges more freedom to choose either determinate or indeterminate sentencing, instead of limiting judges to one or the other.
Jason Yackee participated in the second annual World Investment Forum, held in Xiamen, China, as an invited expert in international investment law. The Forum was organized by the U.N. Conference on Trade and Development (UNCTAD) and brought together leading international practitioners, policy makers, and international law experts to discuss the role of international law in promoting sustainable economic development.
Shubha Ghosh has been invited to present at the International Conference on Traditional Knowledge, May 15-16, 2011, organized by the World Intellectual Property Association (WIPO, Geneva) in conjunction with Ono Academic College Faculty of Law and Bar Ilan University Faculty of Law, both in Israel.
Keith Findley published an op-ed piece in the Milwaukee Journal-Sentinel titled "No Silver Bullets in Forensic Evidence." The article points out that, although forensic science can provide powerful evidence for law enforcement, misleading or erroneous forensic evidence has contributed to wrongful convictions.
Jason Yackee's article, "Do Bilateral Investment Treaties Promote Foreign Direct Investment? Some Hints from Alternative Evidence," has been accepted for publication by the Virginia Journal of International Law. VJIL is the oldest continuously-published, student-edited international law journal in the United States, and is regularly ranked as one of the most influential law reviews in its field.
Allison Christians presented her paper, "Historic and Comparative Analysis of Tax Systems," at the XIV International Congress of Tax Law. Her work was noted by the Brazilian legal news web site, Consultor Juridico.
Sumudu Atapattu presented her paper "International Environmental Law and Soft Law: A New Direction or Contradiction?" at the conference on "Creation of New International Law: An Exploration of Normative Innovation, Contextual Application and Interpretation in a Time of Flux." The conference was organized by the Faculty of Law, University of Oslo, Norway.
Kathleen Noonan and her co-authors, Charles F. Sabel and William H. Simon, received honorable mention from the Law & Society Association for their article, "Legal Accountability in the Service-Based Welfare State: Lessons from Child Welfare Reform." The article was published at 34 LAW & SOC. INQUIRY 523 (2009).
The Organization for Competitive Markets has presented Professor Peter Carstensen with its John Helmuth Award, the highest award given each year by the organization for service to the organization's goals. The Organization for Competitive Markets works for greater competition in agricultural markets.
Professor Keith Findley's article "Innocence Protection in the Appellate Process" was listed as an SSRN Top Ten download for Criminal Procedure. The article was published in the current issue of the Marquette Law Review.
Hart Publishing has released "The Constitution of South Africa: A Contextual Analysis," by Associate Dean and Professor Heinz Klug. Part of the Hart's Constitutional Systems of the World series, the book presents the South African Constitution in its historical and social context, providing students and teachers of constitutional law and politics a resource through which to understand the emergence, development, and continuing application of the supreme law of South Africa.
Professor Keith Findley, who is co-director of both the Wisconsin Innocence Project and the Criminal Appeals Project in the Frank J. Remington Center, published an op-ed titled "They Didn't Do the Crime, But They Did the Time: How to Better Prevent Wrongful Convictions," in the Milwaukee Journal Sentinel.
Professor Jason Yackee has assumed the co-directorship of the Wisconsin Project on Governance and Regulation (WISGAR). Professor Susan Yackee of the La Follette School of Public Affairs also serves as co-director. WISGAR's mission is to promote cutting-edge analysis of state-level regulatory practice that is of both theoretical value to scholars of regulation, and of practical value to regulators and politicians in Wisconsin and beyond.
Justice in Residence Louis Butler will teach Advanced Criminal Procedure this month at the National Judicial College in Reno, Nevada. The National Judicial College helps to train more than 2,000 judges each year, from all 50 states and more than 150 countries.
John Ohnesorge addressed a special session on the role of comparative law in Law & Development held as part of the XVIIIth International Congress of Comparative Law. The International Congress, organized jointly by the American Society of Comparative Law and the International Academy of Comparative Law, was hosted jointly by the law schools of Georgetown University, American University, and George Washington University, Washington D.C.
Brad Snyder published his article, Taking Great Cases: Lessons from the Rosenberg Case, in the Vanderbilt Law Review. Based on newly discovered documents and interviews with key participants, this Article explains why the Court refused to grant certiorari in one of the most famous spy cases in American history. It explains the theory of taking great cases, applies it to Rosenberg and Bush v. Gore, and contends that, especially in cases about separation of powers and minority rights, the Court should err on the side of granting certiorari in cases of great public interest.
- John Ohnesorge participated in a workshop at the Hague Institute for the Internationalisation of Law, entitled "Responsive Rule of Law: Actors and Accountability." The invitation-only event brought together key actors in legal development assistance efforts to discuss ways to improve the provision of such assistance.
- Shubha Ghosh published Vertical Restraints and the Rule of Reason, in Antitrust Law and Economics, edited by Keith Hylton and published by Edward Elgar Publishing, Ltd.
- Gretchen Viney and Nilesh Patel have been appointed to a three year term to the State Bar of Wisconsin's Communication's Committee, from July 1, 2010 to June 30, 2013. Nilesh will also serve as Chair for a one year term from July 1, 2010 to June 30, 2011. The Communications Committee serves as the editorial board for the Wisconsin Lawyer magazine and oversees other State Bar print and electronic communications.
- Keith Findley's paper Tunnel Vision was recently listed on SSRN's Top Ten download list for both the Criminal Procedure eJournal and the Law, Cognition, & Decisionmaking eJournal.
- John Ohnesorge presented a paper titled Administrative Law in East Asia: A Comparative-Historical Analysis at the Harvard Law School East Asian Legal Studies center conference: "Chinese Legal History and Japanese Law: A Conference in Honor of Jerome Alan Cohen." The conference was in honor of Professor Jerome Cohen, the center's founder and a seminal figure in Asian legal studies in the United States.
- Byron Lichstein has been notified that he will receive an award as an "Up and Coming Lawyer" from the Wisconsin Law Journal at an awards banquet to be held in Milwaukee on August 31, 2010.
- Cecelia Klingele's recent article Changing the Sentence Without Hiding the Truth: Judicial Sentence Modification as a Promising Method of Early Release, 52 Wm. & Mary L. Rev. (forthcoming 2010), was featured on the CrimProf Blog as one of the Top Ten Recent SSRN Criminal Law & Procedure Downloads. The Sentencing Law & Policy Blog has called the piece a "a timely must-read." The full article is available here.
Alexandra Huneeus is co-editor and author of the newly-published volume "Cultures of Legality: Judicialization and Political Activism in Latin America"
- Brad Snyder's seminar Making of Brown v. Board of Education was discussed in the Legal History Blog on May 24, 2010.
- Gretchen Viney appeared as a panelist on the WisconsinEye production of Legally Speaking: Reforming Juvenile Guardianship Law. To view the video, click here.
- Frank Tuerkheimer received an Honorary Doctorate of Laws from the University of Giessen Law School in Giessen Germany on May 11, 2010.
- Anuj Desai gave an invited lecture entitled "The U.S. Constitution and Communications Technology" at Renmin University of China Law School in Beijing in early May. The link to the announcement about the lecture (for those who read Chinese) is here.
- Elizabeth Mertz presented on the topic of legal education in the Faculty Colloquium at American University's Washington College of Law in March. She also gave a presentation "Undervaluing Indeterminacy: Legal Translations of Social Science" at the DePaul University College of Law's annual Clifford Symposium in April.
- Judy Olingy was recently selected by the Wisconsin Law Journal as one of twenty "2010 Women in Law." She will be honored at the Women in Law event held by the Journal on May 21st.
- Marsha Mansfield published an article co-written with Anne Applebaum '09 entitled "Keeping the Promise of Equal Justice" in Wisconsin Lawyer Vol. 83, No. 4, April 2010.
- Gretchen Viney recently presented a statewide CLE webcast workshop "Guardian ad Litem 101: Role of the Guardian ad Litem in ch. 767 Proceedings" sponsored by the Wisconsin State Bar.
- Jason Yackee recently presented his paper "Do Bilateral Investment Treaties Promote Foreign Direct Investment? Some Hints from Alternative Evidence", at the 2010 Annual Conference of the Midwest Political Science Association in Chicago.
- Darian Ibrahim has been named a Fellow at the new Center for Law, Economics & Finance (C-LEAF) at the George Washington University Law School.
- Mitra Sharafi was recently interviewed on Greek radio. “The Voice of Greece” on the Athens-based ERT Network featured a bilingual show in English and Greek on the Zoroastrian religion (Sharafi's research area) and the history of Persian-Greek rivalry.
- Keith Findley will be giving the keynote address, "Wrongful Convictions in the International Context," at the University of Oslo Crime Police Seminar to be held April 27. It is being held in cooperation between the University of Oslo Crime Police Seminar and a group of the Norwegian Bar Association. The seminar is intended to help better understand the treatment, by the courts, of new circumstantial evidence or new evidence as a result of recent developments in science.
- Anuj Desai gave an invited lecture entitled "The U.S. Constitution and Communications Technology" at Koguan Law School of Shanghai Jiao Tong University on April 7.
- Jason Yackee participated in the Joint Symposium on International Investment and Alternative Dispute Resolution hosted by the Washington and Lee University School of Law and the United Nations Conference on Trade and Development March 29.
- John Ohnesorge, Director of the East Asian Legal Studies Center and Co-Chair of the Wisconsin China Initiative, joined Chancellor Biddy Martin's delegation to China over Spring Break. In addition to taking part in general activities of the delegation, Professor Ohnesorge met with legal scholars from the Chinese Academy of Social Sciences, from Peking University, and from Shanghai Jiao Tong University, as well as meeting with law school alumni, and with parents of current law school students.
- Jason Yackee co-authored the article "Administrative Procedures and Bureaucratic Performance: Is Federal Rule-making 'Ossified'?" which was published in the most recent issue of the Journal of Public Administration Research and Theory. The full article can be found here.
- Anuj Desai received the U.S. Postal Service award for scholarship on the history of the American postal system for his two articles "The Transformation of Statues into Constitutional Law: How Early Post Office Policy Shaped Modern First Amendment Doctrine" and "Wiretapping Before the Wires: The Post Office and the Birth of Communications Privacy." A full article can be found on the University of Wisconsin-Madison News website.
- Mitra Sharafi presented her paper "Minority Litigiousness and Legal Consciousness: The Zoroastrians of British India" at Tel Aviv University Law and History Workshop. The paper is a chapter from her ongoing book project.
- Peter Carstensen recently interviewed with the online journal Agri-Pulse regarding agriculture competition issues, specifically, the Departments of Justice and Agriculture Competition in Agriculture workshop series. The podcast of the interview is available online.
- Asifa Quraishi has been appointed as a U.S. Delegate to the 54th Session of the UN Commission on the Status of Women. She will be attending the Session from March 1 through March 12, 2010 at the UN Headquarters in New York.
- Thomas Mitchell co-authored the paper "Forced Sale Risk: Class, Race, and The 'Double Discount'" which was recently listed on SSRN's Top Ten download list for Housing & Community Development Law, and will be published in the Florida State Law Review in the summer or fall.
- Darian Ibrahim's research on venture debt was described as "fantastic" and "certainly part of the inspiration' for a new blog by Zack Mansfield, a venture lender working for Square 1 Bank in New York City. Ibrahim's paper reveals that venture debt is an important yet unexplored source of financing for entrepreneurs.
- John Ohnesorge organized and attended the Business Associations Teaching Workshop, an inaugural meeting for adopters of former UW-Law faculty member Gordon Smith's co-authored business organizations text, at Brigham Young University. Ohnesorge also attended "Half a Century of Asian Law: A Celebration of Professor Jerome Cohen" at George Washington University in February.
- Alexandra Huneeus and her article, "Judging from a Guilty Conscience: The Chilean Judiciary Human Rights Turn" (Law & Social Inquiry Vol. 35, No. 1, Winter 2010) are featured on the well-known international law blog International Law Grrls.
- Allison Christians recently presented the paper "Case Studies and International Tax Research" at McGill University of Law, Montreal, Canada as part of the McGill Tax Policy Workshop Series.
- Darian Ibrahim presented his article "Debt as Venture Capital" as part of the INSITE Interdisciplinary Research Seminar at the Wisconsin School of Business. The article is forthcoming in the Illinois Law Review. The full article is available on the Social Science Research Network.
- Allison Christians spoke on "Taxation in a Time of Crisis: Policy Leadership from the OECD to the G20" at the University of Michigan Law School Tax Policy Workshop held in late February.
- Andrew Coan's article "The Irrelevance of Writtenness in Constitutional Interpretation," 158 U. Pa. L. Rev. (forthcoming 2010) was selected by the Legal Theory Blog as Download of the Week. In an earlier post, Legal Theory Blog described this article as "by far the most sustained and thoughtful analysis of the arguments for originalism from writtenness." The full article is available on Social Science Research Network.
- Alexandra Huneeus is the author of "Judging from a Guilty Conscience: The Chilean Judiciary's Human Rights Turn" appearing in the journal Law and Social Inquiry (Vol. 35, No. 1, 2010.)
- Ben Kempinen is the author of “Criminal Justice Innovations in Wisconsin: Collaborative Decision Making,” published in The Justice System Journal (Volume 30, No. 3, 2009).
- Shubha Ghosh has been named a winner of a Vilas Associates Award from the University of Wisconsin-Madison for 2010-12. The honor, which constitutes major recognition of a professor’s research, is the culmination of campus-wide competition. The Vilas Award will help to fund a research project on Intellectual Property and Intergenerational Equity, a topic on which Ghosh is currently writing a book.
- Sandra Marco Colino, who was a visiting scholar at UW-Madison in 2003, has published Vertical Agreements and Competition Law: A Comparative Study of the EU and US Regimes. In her acknowledgments for the book, Dr. Marco Colino, who now teaches at the University of Glasgow, expresses appreciation to UW law professors Peter Carstensen, Neil Komesar, Stewart Macaulay, and David Trubek for their support, advice and assistance during her research semester in Madison.
- Keith Findley, co-director of the Wisconsin Innocence Project, is author of the book chapter “Reforming Eyewitness Identification Procedures to Enhance Reliability and Protect the Innocent” in Inside the Minds: Best Practices for Eyewitness Identification (Aspatore Books, 2010), published in January 2010. A second book chapter, “Tunnel Vision,” is forthcoming in Conviction of the Innocent: Lessons from Psychological Research, ed. B. Cutler (APA Press, forthcoming 2010).
- John Ohnesorge reviewed the book Law & Capitalism by Columbia Law School scholars Curtis Milhaupt and Katharina Pistor in the American Journal of Comparative Law; the book addresses the role of corporate law in economic development. Ohnesorge also wrote a contribution for “The Future of Law and Development,” the Northwestern Law Review Colloquy’s online symposium at http://colloquy.law.northwestern.edu.
- Shubha Ghosh participated in the panel “Private Orderings and Intellectual Property” at the Annual Meeting of the Association of American Law Schools (AALS) in January 2010 and organized three panels for the Law and Society Annual Meeting on “Creativity In and Around the Law” to be held in Chicago in May 2010. Ghosh has also been invited to write a book chapter on Intellectual Property and International Labor Mobility in the Ashgate Research Companion to Migration Theory and Policy.
- John Ohnesorge’s essay “Legal Origins and the Tasks of Corporate Law in Economic Development” is forthcoming in the Brigham Young Law Review. Ohnesorge’s recent work also includes a book chapter forthcoming in 2010: “Administrative Law in East Asia: A Comparative-Historical Analysis,” from Edward Elgar Press, following a workshop in administrative law presented by Yale and the University of Connecticut.
- Sumudu Atapattu contributed a chapter in the newly-published book Climate Law and Developing Countries: Legal and Policy Challenges for the World Economy (UK: Edward Elgar Publishing, 2009). Atapattu’s chapter title is “Climate change, differentiated responsibilities and state responsibility: devising novel legal strategies for damage caused by climate change.”
- Keith Findley spoke in Tokyo on December 13, 2009, on "Innocence Projects in the United States" at the Waseda University and University of California-Berkeley Joint Symposium on Clinical Legal Education. In 2004, Japan for the first time created graduate-level law schools, patterned after those in the U.S.; the conference was designed to help Japan's new legal education system develop clinical programs modeled after successful U.S. programs.
- Richard Bilder’s article “A Legal Regime for the Mining of Helium-3 on the Moon: U.S. Policy Options,” forthcoming February 2010 in the Fordham International Law Journal (Vol. 33, No. 3) is among the new scholarship added to the UW Law School Legal Studies Research Paper series via SSRN. It can be accessed here.
- Brad Snyder's article “Taking Great Cases: Lessons from the Rosenberg Case,” forthcoming May 2010 in the Vanderbilt Law Review, is among the latest faculty scholarship added to the UW Law School Legal Studies Research Paper series via SSRN. It can be accessed here.
- John Ohnesorge gave the presentation “‘Legal Origins’ and the Tasks of Corporate Law in Economic Development” at the University of Toronto Faculty of Law's Globalization, Law & Justice Workshop Series on November 12, 2009. Ohnesorge argued that the World Bank's prescriptions for corporate law reform in developing countries are seriously flawed due to an over-reliance on what is known as the “legal origins” approach to corporate law.
- Victoria Nourse, Burrus-Bascom Professor of Law, will offer courses in Constitutional History and Legislation at the UW Law School in the fall 2010 semester.
- Alta Charo delivered the annual Daniel W. Foster, M.D. Lecture in Medical Ethics at the University of Texas-Southwestern Medical Center in November. She spoke on “The Celestial Fire of Conscience: Is There a ‘Right’ to Refuse Medical Services?” Previous lectures in the series have been delivered by Dr. Ed Pelligrino, chair of the President's Bioethics Council under George W. Bush, and Dr. Ruth Faden, who chaired the President’s Advisory Committee on Human Radiation Experiments under Bill Clinton.
- Alexandra Huneeus has been elected to the Board of Trustees of the Law and Society Association, an international organization of scholars who study the interrelation of law and social, political, economic, and cultural life. Huneeus will serve on the Board for a term of three years.
- Professor Boaventura de Sousa Santos, who is in residence at the University of Wisconsin Law School each fall semester as a Visiting Scholar, has been awarded the Gran-Cruz da Ordem do Mérito Cultural de 2009 (Grand Cross of Cultural Merit for 2009) by the government of Brazil. This is the highest honor conferred annually to recognize a personality or institution making the greatest contribution to Brazilian culture throughout the world.
- Darian Ibrahim is cited in an October 28, 2009 article from the Wisconsin Technology Network, "A Tale of Three Cities," on attempts to clone Silicon Valley. The article compares Silicon Valley, New York City, and Madison as entrepreneurial centers, and cites Professor Ibrahim for the conclusion that "the Silicon Valley scenario is incredibly difficult to replicate." The Wisconsin Technology Network article is here; Professor Ibrahim's paper "Financing the Next Silicon Valley" is available here.
- Elizabeth Mertz spoke on “The Myth of Transparent Translation” on October 9, 2009, at the Brown University Legal Studies Seminar, an interdisciplinary colloquium series featuring cutting-edge research on law and legal institutions from a wide range of vantage points across the social sciences and humanities.
- Brad Snyder was a speaker at the American Constitution Society’s Milwaukee Lawyer Chapter on October 22, 2009, for a 2009-10 Supreme Court Term Preview. Snyder joined Judge Lynn S. Adelman of the U.S. District Court, Eastern District of Wisconsin, and Professor and Dean Peter K. Rofes of Marquette University Law School.
- Ann Althouse was a commentator at the Washington, D.C., symposium “Judicial Review: Historical Debate, Modern Perspectives, and Comparative Approaches” on October 16, 2009, at George Washington Law School, sponsored by the George Washington Law Review and the Washington Area Legal History Roundtable. The symposium was a response to two new books: Philip Hamburger’s Law and Judicial Duty and Barry Friedman’s The Will of the People.
- Alta Charo received the "Faith and Justice" award from the Wisconsin chapter of the Religious Coalition for Reproductive Choice. Her address to the inter-faith group focused on political ethics as an alternative to bioethics in the debates surrounding abortion, embryo research and other topics characterized by fundamental values disagreements.
- Mitra Sharafi gave the 2009 Government of India Fellowship Lectures at the K. R. Cama Oriental Institute in Mumbai, India, on October 8-10. The lectures are an annual series of three lectures over three days on a Zoroastrian-related topic. Sharafi's lectures will be published by the Institute.
- An article by Shubha Ghosh, “Open Borders, The Economic Espionage Act of 1996, and the Global Movement of People and Information,” has been accepted for publication in King's Law Journal, a peer-review journal published by King's College Faculty of Law, London.
- Shubha Ghosh has published “Carte Blanche, Quanta, and Competition Policy” in the Journal of Corporation Law (Vol. 34, No. 4 as part of the Symposium on Invention, Creation, and Public Policy, held at the University of Iowa in February 2009. Most recently Ghosh organized the Annual Canadian Law and Economics Association meeting in Toronto, October 2-3, 2009, and will be participating.
- Darian Ibrahim presented the paper “Debt as Venture Capital” at the Western New England College of Law on September 22, 2009, as part of the College’s Law and Business Center for Advancing Entrepreneurship Speaker Series. The paper can be downloaded here.
- Stewart Macaulay has been chosen as the Distinguished Annual Lecturer for 2009-10 by the J. Reuben Clark Law School of Brigham Young University, based on a life of achievements in law. Macaulay’s lecture, presented on October 1, 2009, was titled "A Contracts Crisis? It Ain’t Necessarily So." The committee awarding the lectureship to Macaulay noted, "We found in you someone who models for our community rigorous intellectual inquiry, devoted service to academia and the profession, and the highest professional standards." A BYU report on the lecture can be read here.
- David Schultz has prepared the 2009 edition of Wisconsin Crimes: Elements, Definitions, and Penalties, published by the UW Law School’s department of Continuing Education and Outreach. The book, which includes a summary list of the elements for virtually all Wisconsin crimes, is intended for use by judges, attorneys, law enforcement officers, prosecutors, and defense counsel. More information is available here.
- On September 3, 2009, John Ohnesorge, vice-director of the Law School's East Asian Legal Studies Center and co-chair of the Wisconsin China Initiative, briefed members of Governor Doyle's upcoming trade mission to Asia on recent developments in Chinese law, politics, and economics.
- Keith Findley, co-director of the Wisconsin Innocence Project, will argue before the Supreme Court of Wisconsin on September 11, 2009, in State of Wisconsin v. Robert Artic. The case will require the Court to decide if a man's consent to search his home was lawfully obtained when police, without a warrant, broke down his front doors and swept through his home with weapons drawn before allegedly obtaining his consent.
- Michele LaVigne received the Thomas G. Cannon Equal Justice Award from the Legal Aid Society of Milwaukee at the society’s 2009 Anniversary Luncheon on September 3, 2009. The award recognizes LaVigne’s advocacy on behalf of the deaf and hard-of-hearing communities.
- John Ohnesorge spent three weeks in July and August 2009 at Seoul National University, co-teaching Asian Law & Society in SNU's International Summer Institute. Professor Ohnesorge's portion of the course dealt with law and society in China and Japan, while Professor Hyunah Yang, of the SNU law faculty, focused on Korea. The visit helped strengthen the UW Law School’s already extensive ties with SNU and other Korean law schools.
- William Whitford and Stewart Macaulay posted their co-authored paper, “Hoffman v. Red Owl Stores: The Rest of the Story,” on SSRN (the Social Science Research Network) as a working paper. An abstract of the paper can be read here.
- Anuj Desai will spend the 2009-10 academic year in Nanjing, China, teaching at the Hopkins-Nanjing Center. His courses will include American Constitutional Law, History and Philosophy of Law in the West, Cyberlaw, and a seminar on academic legal writing.
- Darian Ibrahim has been selected by the Searle Center at Northwestern University School of Law as a Searle-Kauffman Fellow on Law, Innovation, and Growth for 2009-10. As a Fellow, he will participate in three Institutes over the coming academic year that will bring together Fellows and leading legal scholars to explore foundational articles and discuss how their insights can be extended to future research on law, innovation, and economic growth. The sessions will also explore original research in the area by the Fellows.
- Bonnie Shucha, UW Law Library Head of Reference and Chair of the Computing Services Special Interest Section of the American Association of Law Libraries, is co-author of a new article: “Inspiring Innovation: Planning, Implementing, and Evaluating the Web 2.0 Challenge,” in the Law Library Journal (2009-19), available here.
- Shubha Ghosh presented the talk “Entrepreneurship and IP at a Research University” at the Center for Innovation and Structural Change at the National University of Ireland, Galway (NUI Galway) on August 6, 2009.
- William Whitford is co-editor of the new book Consumer Credit, Debt and Bankruptcy: Comparative and International Perspectives, released by Hart Publishing and co-edited by Johanna Niemi and Iain Ramsay. Essays in the collection address topics including mortgages, credit binges, the regulation of consumer lending, insolvency, repayment plans, and debt counseling.
- Darian Ibrahim presented his new paper "Debt as Venture Capital" at the Fourth Annual Big Ten Aspiring Scholars Conference at the University of Illinois College of Law on August 3, 2009.
- Elizabeth Mertz was a panel participant at the conference “YES WE CArNegie: Change in Legal Education Since the Carnegie Report,” at John Marshall Law School on July 29, 2009. Mertz spoke on “legal analysis – or the intellectual apprenticeship in legal education.” Her book The Language of Law School was extensively cited in the 2007 Carnegie Report, which drew national attention to the need for reform in U.S. legal education.
- Shubha Ghosh has published “Patenting Games: Baker v. Selden Revisited,” 11(4) Vanderbilt Journal of Entertainment and Technology Law (2009).
- Lisa Alexander posted her latest article, “Stakeholder Participation in New Governance,” on her Social Science Research Network page (University of Wisconsin Legal Studies Research Paper No. 1083). Previously the article was published in the Winter 2009 issue (Volume 16, no. 1) of the Georgetown Journal on Poverty Law and Policy, the nation’s premier journal of poverty and social reform discourse.
- Ben Kempinen will be a speaker at the ABA Criminal Justice Section’s panel discussion “Government Litigators: How Far Must They Go to Seek Justice?” on August 1, 2009, as part of the ABA Annual Meeting at the Hyatt Regency Chicago. The panel is free to law students. Information available here.
- Gretchen Viney presented the workshop “Enriching Your Course with a Case File” at the annual summer conference of the Institute for Law Teaching and Learning in Spokane, Washington, June 23-24, 2009.
- Shubha Ghosh presented the paper “Transactional Skills Through an IP Lens” on June 12, 2009, at the AALS (Association of American Law Schools) Midyear Workshop on Transactional Law held in Long Beach, California.
- Jason Yackee and co-author Susan Yackee published the article “Administrative Procedures and Bureaucratic Performance: Is Federal Rule-making ‘Ossified’?” in June 2009 in the Journal of Public Administration Research & Theory, the top peer-reviewed journal of public administration.
- Adjunct Grady Frenchick was an invited speaker on the panel "Intellectual Property Strategies" at the Wisconsin Entrepreneurs’ Conference in Milwaukee in June 2009. The conference was devoted to entrepreneur funding and growth issues from start-up through liquidity.
- Lisa Alexander moderated the panel “Existing Housing Stock and Neighborhoods: Responding to Foreclosure” at the conference Housing Outlook 2010: Continued Crisis or Recovery?, held June 11, 2009, at the Fluno Center by the UW Business School’s Graaskamp Center for Real Estate.
- Alta Charo was among the 25 advocates and academics who participated in a roundtable discussion on women's health at the White House on June 5, 2009. The meeting, which was web-streamed live, was hosted by Melody Barnes, director of the President's Domestic Policy Council, and Nancy-Ann DeParle, director of the White House Office of Health Reform.
- Louis Butler is teaching Criminal Procedure at the National Judicial College in Reno, Nevada, the week of June 8-12, 2009.
- Mitra Sharafi published “The Semi-autonomous Judge in Colonial India: Chivalric Imperialism Meets Anglo-Islamic Dower and Divorce Law” in the leading India-based journal of history, The Indian Economic & Social History Review, 46:1 (2009): 57-81.
- Darian Ibrahim organized three panels on “empirical law and entrepreneurship” at the 2009 annual meeting of the Law & Society Association in Denver. He presented the paper “Debt as Venture Capital” at one of the panels.
- Keith Findley will speak on “Innocence Protection in the Appellate Process” at the Marquette Law School conference “Criminal Appeals: Past, Present, and Future” on June 15, 2009. Speakers will include leading criminal law and appellate-process scholars from around the nation, Wisconsin Supreme Court justices, and other appellate judges.
- Michele LaVigne and alumna Rachel Arfa ‘07 gave a joint presentation at the Wisconsin State Bar Convention on May 8, 2009. Their topic was “Representing the Deaf Litigant: It’s Not What You Think.” Arfa is a staff attorney with Milwaukee Legal Aid.
- Louis Butler made a luncheon presentation to the Dane County Bar Association on May 12, 2009, on the topic “The Question of Judicial Elections or Merit.” Butler was joined for discussion by former State Bar President Thomas Basting and Executive Director of the Wisconsin Judicial Commission James Alexander.
- John Ohnesorge presented the paper “Pathways to Administrative Law” on May 8, 2009, at the inaugural conference of the Comparative Administrative Law Initiative established at Yale Law School.
- Keith Findley has been appointed to the Board of Directors of the Center on Wrongful Conviction of Youth, Northwestern University School of Law.
- Brad Snyder spoke about his book, A Well-Paid Slave: Curt Flood’s Fight for Free Agency in Professional Sports, at the American College of Family Trial Lawyers’ 2009 conference in Savannah, Georgia, on May 1, 2009. Speaking with Snyder was Curt Flood’s St. Louis-based attorney, Allan Zerman.
- Michael Scott published the article “Progress in American Policing? Reviewing the National Reviews” in 34 Law & Social Inquiry 171-185 (2009). Scott’s article discusses National Research Council, Fairness in Policing: The Evidence; 1967 President's Crime Commission, The Challenge of Crime in a Free Society; and Police Innovation: Contrasting Perspectives, David Weisburd and Anthony A. Braga, eds.
- David Schwartz will participate in the panel "Facilitating Active Learning" at the Workshop on Innovative Teaching Methods & Materials, to be held at Washburn University School of Law, May 18-20, 2009. The conference, co-sponsored by Carolina Academic Press, is for authors in the forthcoming "Context and Practice Series" of casebooks. Schwartz is under contract to write a textbook tentatively titled, Constitutional Law: The New Case Method, to be co-authored with UW law colleague Asifa Quraishi.
- Darian Ibrahim will be participating in a Corporate Governance Roundtable at Northwestern Law School April 30-May 1, 2009. The roundtable will explore recent books on corporate governance by Jonathan Macey and Larry Ribstein.
- Lisa Alexander presented “Reflections on the Miner’s Canary and Strange Bedfellows in Economic Markets” at the University of Maryland Law School’s Spring Business Law Roundtable “Early Reflections on the Financial Crisis” in April 2009. Her paper will be published in the Maryland Law School’s Journal of Business and Technology Law in January 2010.
- Michele LaVigne presented a talk covering indigent defense and communication (“when a client doesn’t speak your language”) at the Thomas Jefferson School of Law Center for Law and Social Justice in April 2009. A report on the presentation with photos is at
- Sarah Davis of the Center for Patient Partnerships has received a grant from the Robert Wood Johnson Foundation Health & Society Scholars Program to create a course on advocacy and leadership in community public health. The course will be added to the curriculum of the Consumer Health Advocacy Certificate.
- Mitra Sharafi presented the paper "A Court for Poor Wives: How Zoroastrian Women Litigated Marriage in Colonial Bombay" at the American Bar Foundation/Illinois Legal History Seminar in Chicago on March 30, 2009. The paper explores the unusual use of a divorce court by working-class South Asian women in colonial India circa 1900.
- Darian Ibrahim presented a talk to the Stanford Law & Technology Association at Stanford Law School on April 6, 2009. His topic was “Financing for Start-ups: Angel Capital, Venture Capital, and Venture Debt.”
- An article by Sumudu Atapattu, “Global Climate Change: Can Human Rights (and Human Beings) Survive This Onslaught?”, was published in the Colorado Journal of International Environmental Law and Policy, Fall 2008 (Vol. 20, No. 1).
- Mitra Sharafi has been awarded a National Science Foundation “Law and Social Sciences” research grant for 2009-10. The grant will help fund archival research in London and Mumbai for Sharafi’s book project, “Parsing Law: Zoroastrians and Litigation in Colonial South Asia.”
- John Ohnesorge participated in a conference at Brown University's Watson Institute for International Studies on March 13-14, 2009, titled “Regional Powers, New Developmental States, and Global Governance.” Ohnesorge took the lead in organizing the conference's speakers on China and made a presentation on China's industrial development policies. He then visited Northeastern University School of Law, where he gave the faculty colloquium “Northeast Asian Development and the Problem of Rights” and led a seminar on comparative corporate law, the “legal origins” scholarship, and development.
- Darian Ibrahim gave presentations at both the UW Law School and Business School this week. On March 24 he presented “Financing the Next Silicon Valley” at the Business School’s INSITE interdisciplinary research seminar. On March 25 he spoke on the SEC’s role in the current financial crisis at the WAGE event “The Global Financial Crisis and Implications for Wisconsin.”
- Allison Christians was the featured speaker at the St. Louis University Faculty Workshop Series March 18, 2009. Her topic was “Networks, Norms, and National Tax Policy.”
- The American Antitrust Institute (AAI) has named Peter Carstensen a Senior Fellow. The AAI's Senior Fellows, appointed to a term of two years, constitute an "inner circle" of advisers and undertake specific projects for the AAI.
- Thomas Mitchell presented the Winthrop and Frances Lane Lecture at the University of Nebraska-Lincoln College of Law on February 19, 2009. His topic was “Transactional Law and Economic Justice: Addressing Some of the Civil Rights Movement’s Unfinished Business.” Mitchell has done extensive research and outreach work on property issues within minority communities.
- An article co-authored by Michele LaVigne was cited and discussed by the Wisconsin Court of Appeals in a decision February 18, 2009, in Strook v. Kedinger. The article, “An Interpreter Isn’t Enough: Deafness, Language and Due Process,” in the 2003 Wisconsin Law Review, which LaVigne co-authored with McCay Vernon, was recommended as “a thorough and thoughtful primer for how to assess a deaf person’s abilities and needs.”
- Gretchen Viney spoke on “Surveys and Easements” at the State Bar of Wisconsin CLE Workshop “Basic Residential Real Estate Transactions” February 25, 2009. The workshop is part of the State Bar’s "Build Your Practice" series, designed for newer lawyers or lawyers who want to expand into a new area of practice. The presentation covered how to read and understand land surveys and how to correct problems disclosed by those surveys.
- Elizabeth Mertz delivered the lecture “Translating Social
Science in Legal Arenas: The Myth of Transparency” at the Indiana University
Maurer School of Law on
February 19, 2009, as part of the 2008-09 Colloquium, “New Directions in Law & Society Scholarship: Engaging with Empiricism.”
- John Ohnesorge presented the paper “Legal Origins and the
Tasks of Corporate Law in Development” at the Brigham Young University Law
Review Symposium “Evaluating Legal Origins Theory” on
February 6, 2009. Ohnesorge notes, “The Legal Origins approach is an example of sophisticated statistical tools being misapplied to an important question: the relationship between corporate law and economic development.”
- Darian Ibrahim is a contributor to the new Berkeley Law VC Blog, which focuses on papers and developments in the world of venture capital. See http://vc.berkeleylawblogs.org .
- Louis Butler has been appointed to the ten-person National Judicial College (NJC) Faculty Council. The NJC offers an average of 65 courses annually with more than 2,500 judges enrolling from all 50 states, U.S. territories and more than 150 countries.
- Allison Christians, posted her latest article, “Fair Taxation as a Human Right” (Valparaiso Law Review Vol. 42, 2008; University of Wisconsin Legal Studies Research Paper No. 1066) on her Social Science Research Network (SSRN) page.
- Darian Ibrahim posted his latest article, “Financing the Next Silicon Valley” (University of Wisconsin Legal Studies Research Paper No. 1065) on his Social Science Research Network (SSRN) page.
- Richard Bilder serves as a Counsellor to the American Society of International Law (ASIL) and Book Review Editor of the American Journal of International Law (AJIL), the leading professional journal in that field. He has been a member of the Board of Editors of the AJIL for more than 35 years.
- Charles Irish received the Shanghai Magnolia Silver Award from
East China University of Political Science and Law (ECUPL), in
recognition of his work since 1994 presenting lectures and continuing
education programs for lawyers and business people on international
trade law, international taxation, Chinese/U.S trade relations, and
other topics, and creating joint programs between ECUPL and
- John Ohnesorge and David Trubek will join Professor Gay Seidman of Sociology in the roundtable “Remaking the Developmental State,” part of the WAGE Research Collaborative and Sociology of Development Brown Bag, January 30 (noon -- Room 8117 Social Science).