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Annual Report2016

Any opinions, findings, and conclusions or recommendations expressed in ABF publications are those of the author(s) and do not necessarily

reflect the views of the American Bar Foundation or the American Bar Association.

The AMERICAN BAR FOUNDATION, ABF and related seal trademarks as used by the American Bar Foundation are owned by the

American Bar Association and used under license.

2016 www.americanbarfoundation.org • 2016 Annual Report 1

2 Introduction to the American Bar Foundation

3 Officers and Directors

4 Fellows Research Advisory Committee

5 Past Presidents of the American Bar Foundation

6 Report of the Director: Ajay K. Mehrotra

7 Highlights

14 Research Program

18 Research Faculty

18 Research Professors

27 Affiliated Research Professors

28 Faculty Fellows

30 Research Social Scientists

31 Selected Publications

36 ABF Publications

36 Law & Social Inquiry

36 Researching Law

37 Recent Major Media Coverage and Faculty Op-Eds

38 Liaison Research Services Program

39 Montgomery Summer Research Diversity Fellowships in Law and Social Science for Undergraduate Students

40 Doctoral Fellowship Programs

41 Presentations at the ABF 2016

42 Sponsored Programs

42 Research Funds

44 The Fellows of the American Bar Foundation

46 Life Fellows Contributions to the American Bar Foundation

50 Cornerstone Giving Society

51 Personnel

54 Financial Report 2015–16

56 Allocation of Funding FY 2015–16

Inside back cover In Memorian: Robert MacCrate

2 American Bar Foundation • www.americanbarfoundation.org

MissionThe American Bar Foundation’s mission is to serve the legal profession, the public, and the academy through empirical research, publications, and programs that advance justice and the understanding of law and its impact on society.

The American Bar Foundation is the nation’s leading research institute for the empirical study of law. An independent, nonprofit organization, for over sixty years, the ABF has advanced the understanding and improvement of law through research projects of unmatched scale and quality on the most pressing issues facing the legal system in the United States and the world. The Foundation is committed to broad dissemination of its research findings to the organized bar, scholars, and the public. The results are published in a wide range of forums, including leading academic journals, law reviews, and academic and commercial presses.

Research FacultyThe research program of the American Bar Foundation is implemented through the projects designed and conducted by the members of the ABF’s resident research faculty. ABF Research Professors are among the leading scholars in their disciplines, which include anthropology, economics, history, law, political science, psychology, and sociology. A research project is undertaken only after completion of a very extensive review process. The internal review committee, an external review panel, the Research Committee of the ABF Board, and ultimately the Board of Directors must conclude that the proposed study will make a significant contribution to the field and that the research can be carried out with the appropriate standards of integrity, human subjects protection, and scholarship.

FundingThe Foundation extends special thanks to the American Bar Endowment. The American Bar Endowment’s grant of $2,930,998 in fiscal year 2015-2016 makes the Endowment the Foundation’s largest supporter. Founded in 1942, the ABE is a charitable organization dedicated to improving the quality of justice in the United States by funding research, educational, and public service projects in the field of law. ABA members who participate in the Endowment’s group insurance programs can contribute to these efforts. Those members who participate in the Endowment’s insurance plans, and allow the ABE to retain dividends payable on the group insurance policies, provide essential support for the ABE’s grant program. The Foundation would like to thank all ABA members who participate in ABE insurance plans and donate their dividends, along with the ABE, for the valuable funding they have provided.

Other sponsors include the Fellows of the American Bar Foundation and private foundations and government agencies that award grants to support specific research projects and other ABF programs. The American Bar Foundation is recognized as a 501(c)(3) nonprofit organization.

The Fellows of the American Bar FoundationThe Fellows of the American Bar Foundation is an organization of lawyers, judges, law faculty, and legal scholars who have been elected by their peers to become members of the Fellows because of their outstanding achievements in the legal profession. The Fellows support the research work of the American Bar Foundation through their annual contributions and sponsor seminars and events of direct relevance to leaders of the legal profession.

Introduction to the American Bar Foundation

2015–2016Officers and DirectorsPresidentDavid A. CollinsBeverly Hills, MI

Vice-PresidentEllen J. FlanneryWashington, D.C.

TreasurerGeorge S. FrazzaNew York, NY

SecretaryDavid S. HoughtonOmaha, NE

Hon. Mariano- Florentino CuéllarStanford, CA

Doreen D. DodsonSt. Louis, MO

Jimmy K. GoodmanOklahoma City, OK

Hon. Sophia H. HallChicago, IL

Kay H. HodgeBoston, MA

Harold D. PopeSouthfield, MI

Wm. T. Robinson IIIFlorence, KY

Hon. Ellen F. RosenblumSalem, OR

Andrew M. SchpakPortland, OR

E. Thomas SullivanBurlington, VT

Walter L. Sutton, Jr.Dallas, TX

2016–2017Officers and DirectorsPresidentEllen J. FlanneryWashington, D.C.

Vice-PresidentDavid S. HoughtonOmaha, NE

TreasurerJimmy K. GoodmanOklahoma City, OK

SecretaryE. Thomas SullivanBurlington, VT

Hon. Mariano- Florentino CuéllarStanford, CA

Doreen D. DodsonSt. Louis, MO

George S. FrazzaNew York, NY

Hon. Sophia H. HallChicago, IL

Kay H. HodgeBoston, MA

Judy Perry MartinezNew Orleans, LA

Harold D. Pope IIISouthfield, MI

Lauren RobelBloomington, IN

Hon. Ellen F. RosenblumSalem, OR

Andrew M. SchpakPortland, OR

Walter L. Sutton, Jr.Dallas, TX

Ex OfficioPaulette BrownPresident, American Bar Association

Linda A. KleinPresident-Elect, American Bar Association

Patricia Lee RefoChair, House of Delegates, American Bar Association

G. Nicholas Casey Jr.Treasurer, American Bar Association

Martha Walters BarnettPresident, American Bar Endowment

Michelle A. BehnkeChair of the Council of the Fund for Justice Education, American Bar Association

Daniel B. RodriguezDean, Northwestern University School of Law

Hon. Cara Lee T. Neville (Ret.)Chair, the Fellows of The American Bar Foundation

Michael H. ByowitzChair-Elect, the Fellows of The American Bar Foundation

Rew R. GoodenowSecretary, the Fellows of The American Bar Foundation

Executive CommitteeDavid A. Collins, Chair

Ellen J. FlanneryGeorge S. FrazzaKay H. HodgeDavid S. HoughtonCara Lee NevilleWm. T. Robinson IIIWalter L. Sutton, Jr.

Special AdvisorsKathleen J. HopkinsLauren Stiller RikleenMark Suchman

Ex OfficioLinda A. KleinPresident, American Bar Association 2016–17

Hilarie BassPresident-Elect, American Bar Association 2016–17

G. Nicholas Casey, Jr.Treasurer, American Bar Association 2014–17

Robert A. CliffordChair of the ABA Fund for Justice and Education Council

Deborah Enix-RossChair, House of Delegates, American Bar Association 2016–18

J.A. (Tony) Patterson, Jr. President, American Bar Endowment

Daniel B. Rodriguez Dean, Northwestern University School of Law

Michael H. ByowitzChair, the Fellows of the American Bar Foundation

Rew R. GoodenowChair-Elect, the Fellows of the American Bar Foundation

Reginald M. Turner Secretary, the Fellows of the American Bar Foundation

Executive CommitteeEllen J. Flannery, Chair

Michael H. Byowitz Jimmy K. GoodmanKay H. HodgeDavid S. HoughtonE. Thomas SullivanWalter L. Sutton, Jr.

Special AdvisorKathleen J. Hopkins

Hon. Cara Lee T. Neville (Ret.)Immediate Past Chair, the Fellows of the American Bar Foundation

Officers and Directors of the American Bar Foundation

www.americanbarfoundation.org • 2016 Annual Report 3

4 American Bar Foundation • www.americanbarfoundation.org

MissionThe Fellows Research Advisory Committee serves as a bridge between the research program of the American Bar Foundation and the profession, including the practicing bar, the judiciary, and legal education. Through interaction with the researchers and the leadership of the ABF, the Committee strives to bring the interests and concerns of the legal profession to the attention of ABF researchers and to inform the profession about the breadth and quality of ABF research through seminars and other activities.

MembersRew R. Goodenow, Chair Reno, NV

Reginald Turner, Chair-ElectDetroit, MI

Michael H. Byowitz, Immediate Past Chair New York, NY

Professor Amelia H. Boss Philadelphia, PA

Sandra Chan Santa Barbara, CA

Don De Amicis Washington, D.C.

Michael E. Flowers Columbus, OH

Sharon Stern Gerstman Buffalo, NY

Graydon Dean Luthey, Jr. Tulsa, OK

Andrew Joshua Markus Miami, FL

Kevin L. Shepherd Baltimore, MD

Mary L. Smith Lansing, IL

Emeritus MembersJacqueline AlleeCoconut Grove, FL

Ellen J. FlanneryCovington & Burling LLPWashington, D.C.

Fellows Research Advisory Committee

www.americanbarfoundation.org • 2016 Annual Report 5

Past Presidents of the American Bar Foundation

2014–2016 David A. Collins

2012–2014 Hon. Bernice B. Donald

2010–2012 William C. Hubbard

2008–2010 Richard Pena

2006–2008 David K.Y. Tang

2004–2006 Robert O. Hetlage*

2002–2004 M. Peter Moser*

2000–2002 Jacqueline Allee

1998–2000 Kenneth J. Burns, Jr.*

1996–1998 Robert MacCrate*

1994–1996 John C. Deacon*

1992–1994 Robert W. Bennett

1990–1992 Wm. Reece Smith, Jr.*

1988–1990 H. William Allen

1986–1988 Randolph W. Thrower*

1984–1986 F. Wm. McCalpin*

1982–1984 Seth M. Hufstedler

1980–1982 John J. Creedon

1978–1980 Robert W. Meserve*

1976–1978 Bernard G. Segal*

1974–1976 Maynard J. Toll*

1971–1974 Hon. Erwin N. Griswold*

1968–1971 Lewis F. Powell*

1965–1968 Ross L. Malone*

1964–1965 William T. Gossett*

1960–1964 Whitney North Seymour*

1959–1960 John D. Randall*

1958–1959 Ross L. Malone*

1957–1958 Charles S. Rhyne*

1956–1957 David F. Maxwell*

1955–1956 E. Smythe Gambrell*

1954–1955 Loyd Wright*

1953–1954 William J. Jameson*

1952–1953 Robert G. Storey* (Elected the first president on November 21, 1952)

* Deceased

6 American Bar Foundation • www.americanbarfoundation.org

Dear Friends,

Thank you to the many institutions and individuals that continue to support the American Bar Foundation (ABF). Now well into my second year as ABF Director, I’m even more thrilled to be leading one of the world’s foremost research institutes focusing on the study of law, legal institutions, and legal processes. One reason for my continued excitement is the excellent support we have at the ABF, from our outstanding board, now led by Ellen Flannery, to our dedicated staff and faculty to our primary funders: the American Bar Endowment, the ABF Fellows, and the many external funding organizations such as the National Science Foundation, the Public Welfare Foundation, The Law School Admission Council, and most recently, AccessLex Institute. We are grateful for all the support we have received over the past years.

As the following pages highlight, the ABF has had another productive year of highly innovative and influential research. Despite challenging financial conditions, the ABF faculty published an astonishing number of interdisciplinary books, articles, and professional reports. We also hired two new joint-appointee research professors. And we initiated new programming and secured additional grant revenue to ensure that the ABF remains one of the leading incubators for future scholars and legal professionals.

Let me briefly highlight some of our past research achievements. First, in the area of diversity and law, the ABF continues to be a leading source of empirical and interdisciplinary research on the perennial struggle to diversify the legal and other professions. Our Research Group on Legal Diversity hosted a conference on “Metrics, Diversity, and Law” this past spring; at the same time that the papers from the Research Group’s 2013 conference were published as a new edited volume on Diversity in Practice. In the spring, the ABF also launched its newest diversity initiative linked to the Neukom Chair: The Future of Latinos Project, which has since blossomed into a national program exploring ways to improve opportunities and mobility for our nation’s fastest growing minority population.

Second, the ABF’s Access to Justice research remains on the cutting-edge of new scholarship. Our work on Civil and Community Needs and Services has demonstrated the tragic gap that persists between the legal needs of disadvantaged populations and the supply of legal professionals. Likewise, our work on the organized bar—whether it’s the Texas plaintiffs’ bar and tort reform or criminal defense lawyers in China—has demonstrated the important role that lawyers play as gatekeepers to justice. Similarly, our many research projects that explore the disjuncture between formal law and law in action—from our work on criminal justice to the intersection of law and science—illustrate why conducting empirical research is an essential first step before we can improve access to justice.

Third, our scholarship on legal education and the profession remains a hallmark of ABF research. From our After the JD study to our work on the financing of legal education to our New Legal Realism project and the career trajectory of diverse law professors, the ABF has maintained its leadership as the premier institute for the unbiased and objective study of legal education and the profession.

Finally, much of the outstanding work of our faculty, both as scholars and mentors, was duly recognized this past year. Several ABF researchers were awarded book prizes and accolades for their influential research and teaching. As we look ahead, everyone associated with the ABF—donors, strategic partners, board members, ABF Fellows, staff, faculty, and research assistants—should be proud of all that we have accomplished and the potential for excellence going forward.

Ajay K. Mehrotra

Report of the Director: Ajay K. Mehrotra

www.americanbarfoundation.org • 2016 Annual Report 7

HighlightsExpanding the Network for one of the ABF’s newest Research Projects, “The Future of Latinos in the United States: Law, Opportunity, and Mobility”The new ABF research and programming project, “The Future of Latinos in the United States: Law, Opportunity, and Mobility,” expanded its network in 2016 with several exciting events. The research initiative was launched in 2015 by Rachel Moran, the inaugural ABF William H. Neukom Fellows Research Chair in Diversity and Law and Dean Emerita and Michael J. Connell Distinguished Professor of Law at UCLA Law School. The Latino population is projected to account for nearly 30 percent of the U.S. population by 2050. Thus, this new ABF project is both innovative and timely. A nation-wide, interdisciplinary project, “The Future of Latinos” is dedicated to understanding and advancing research on

• the current condition of Latinos in the United States,

• the structural barriers that impede full equality and integration for this emerging population,

• the sites of intervention that promise to be most impactful in promoting opportunity and mobility through law and policy.

In its first year, the Future of Latinos Project hosted several events. In February 2016, the Fellows of the American Bar Foundation presented a CLE research seminar, “The Future of Latinos in the United States: Law, Opportunity, and Mobility,” at the ABA Midyear Meeting in San Diego. This panel discussion consisted of two ABF-affiliated researchers, Moran, and ABF Director Emeritus, Robert L. Nelson. Moran and Nelson were joined by Luz Herrera, Associate Dean for Experiential Education at Texas A&M University

• Luz Herrera, Associate Dean for Experiential Education at Texas A&M University School of Law, presents at the CLE research seminar, “The Future of Latinos in the United States: Law, Opportunity, and Mobility,” at the ABA Midyear Meeting in San Diego.

• (From left to right) Robert L. Nelson, Jesus "Chuy" Garcia, Rachel F. Moran, Pilar Margarita Hernández Escontrías at the Future of Latinos Midwest Roundtable in June 2016

• Dr. Lilia Fernandez at the Future of Latinos Midwest Roundtable in June 2016

• Cook County Commissioner and former mayoral candidate Jesus "Chuy" Garcia speaking at the Future of Latinos Midwest Roundtable.

• Kevin Johnson, Dean and Mabie-Apallas Professor of Public Interest Law and Chicana/o Studies at UC Davis School of Law, and ABF Board Member, Hon. Mariano-Florentino Cuéllar at The Future of Latinos in the United States Planning Summit at UCLA in November 2016.

8 American Bar Foundation • www.americanbarfoundation.org

Highlights

School of Law, and award-winning journalist and trial lawyer, Manny Medrano, who acted as panel moderator. In June 2016, the ABF hosted a Midwest regional roundtable under the auspices of the Future of Latinos project. The ABF assembled over 80 law and interdisciplinary scholars, legal advocates, foundation representatives, politicians, community activists, members of the media, and emerging leaders

for a roundtable forum at Northwestern University’s Pritzker School of Law. The forum focused on key issues facing the Latino community, including economic opportunity, mobility, civic and political engagement, and immigration. In November 2016, “The Network for Justice Planning Summit: Creating Legal and Legislative Support for Latino Communities” convened at the UCLA Luskin Conference Center. The summit was held in Los Angeles, with the goal of helping to establish a California-based network for justice pilot program to connect Latino populations with legal resources. California was chosen for the launch of this new initiative because of its demographic profile, its leadership in both clinical education and social justice, and its capacity to support the establishment of a robust network. The Future of Latinos project will continue to host other events in the coming years, with several regional initiatives planned in 2017, and a culminating national summit anticipated for 2018 in Washington, D.C.

The Fourth Conference of the Research Group on Legal Diversity: Metrics, Diversity, and LawThe Research Group on Legal Diversity (RGLD) held its 2016 Conference on May 5-6, dedicated to the theme of “Metrics, Diversity, and Law.” RGLD co-directors, ABF Director Emeritus and MacCrate Chair in the Legal Profession, Robert L. Nelson, Faculty Fellow Ronit Dinovitzer, and ABF-affiliated scholar David Wilkins convened over 80 scholars and practitioners over two days to examine measures of diversity and inclusion in the professions. With this conference, the RGLD spearheaded a critical analysis of metrics that influence legal and professional workplaces. In the law and other professions, metrics play key roles in the decision-making processes of gatekeepers at critical junctures throughout careers, and in drawing conclusions about successes and failures in efforts to advance diversity and inclusion. The conference investigated how these metrics include assessments of individuals’ characteristics—such as those involved in hiring decisions and performance evaluations—and assessments of organizational characteristics— such as measures of efficiency, diversity, and “quality,” from both firms themselves and external evaluators.

• (From left to right) ABF Board member, Kay Hodge, Former ABF President, David A. Collins, Dean Emerita and Michael J. Connell Distinguished Professor of Law at UCLA School of Law, Rachel F. Moran, ABF Director, Ajay K. Mehrotra, Paulette Brown, Immediate past President of the ABA, ABF Director Emeritus and the MacCrate Research Chair in the Legal Profession, Robert L. Nelson, ABF Faculty Fellow, Ronit Dinovitzer, and ABF Board Treasurer, Jimmy K. Goodman, at the Research Group on Legal Diversity’s Metrics, Diversity, and Law 2016 Conference, May 5-6, in Chicago.

• Lee S. Webster from the University of Texas Medical Branch presenting at the RGLD 2016 conference.

www.americanbarfoundation.org • 2016 Annual Report 9

CLE Research Seminar on Civil Rights AdvocacyIn August 2016, the ABF Fellows presented a CLE research seminar, “Civil Rights Advocacy: Past, Present and Future,” at the ABA’s Annual Meeting in San Francisco. The seminar explored the nature of civil rights claims and how the concept of civil rights has been developed, enforced, ignored, and contested. Panelists included Lauren B. Edelman, the Agnes Roddy Robb Professor of Law and Professor of Sociology at the University of California, Berkeley and author of Working Law: Courts, Corporations, and Symbolic Civil Rights; Jocelyn Larkin, Executive Director of the Impact Fund, a legal nonprofit providing support for public interest impact litigation; Melissa Murray, interim dean and the Alexander F. and May T. Morrison Professor of Law at the University of California, Berkeley School of Law; and Cheryl I. Harris, the Rosalinde and Arthur Gilbert Foundation Chair in Civil Rights and Civil Liberties at UCLA School of Law, coauthor of Cases on Reproductive Rights and Justice, and leading scholar on Critical Race Theory. Dylan C. Penningroth, an affiliated research professor at the ABF and professor of law and history at the University of California, Berkeley, served as panel moderator.

2016 Law in the History of Capitalism ConferenceThe American Bar Foundation and the University of Chicago Law School co-hosted the 2016 Law in the History of Capitalism Conference at the ABF offices on June 27-28. The conference stemmed from a recent surge of interdisciplinary scholarship on the historical relationship between law and capitalism, placing law, legal institutions, and legal processes at the center of capitalist transformations. The conference was an opportunity for junior scholars to share previously unpublished research and connect with senior scholars in the field. The conference was supported by the University of Chicago Law School, American Society for Legal History, Indiana University Maurer School of Law, University of Illinois College of Law, University of Michigan Law School, University of Minnesota Law School, and University of Pennsylvania Law School.

• (From left to right) Melissa Murray, Cheryl Harris, Jocelyn Larkin, Lauren Edelman, and Dylan C. Penningroth

• Panelists Melissa Murray, Jocelyn Larkin, Cheryl Harris, and Lauren Edelman at the CLE research seminar, “Civil Rights Advocacy: Past, Present and Future” in August 2016.

• 2016 Law in the History of Capitalism Conference at the ABF’s offices, June 27-28, 2016.

10 American Bar Foundation • www.americanbarfoundation.org

HighlightsThe ABF’s Community of Emerging Scholars Montgomery Summer Research Diversity FellowshipThe ABF welcomed four undergraduate students to Chicago this summer as part of the Montgomery Summer Research Diversity Fellowship in Law and Social Science. For nearly thirty years, the ABF has invited outstanding students from diverse backgrounds to spend eight weeks in residence at the ABF offices and experience the rewards and challenges of a research-oriented career in law and social science. The fellows spent summer 2016 working alongside ABF research professors on various research projects, meeting with local judges and other legal professionals, attending conferences, and visiting the ABA Chicago headquarters, area courthouses, and other venues.

Doctoral FellowsThe ABF continued its tradition of supporting doctoral students by welcoming a new cohort of doctoral fellows. Ayobami Laniyonu (UCLA), David McElhattan (Northwestern University), Jeffrey Omari (University of California, Santa Cruz), and Emma Shakeshaft (University of Wisconsin-Madison), joined continuing fellows Amanda Hughett and Matthew Shaw in September 2016. Laniyonu’s research focuses on the impact that policing practices and strategies have on political participation. McElhattan’s research explores the use of criminal records by non-criminal justice actors, tracing how the availability of criminal history information dramatically expanded in the United States over the past three decades. Omari’s dissertation, “Democracy Through Technology? Internet Governance and Urban Development in Rio de Janeiro,” examines the political, legal, and cultural implications of Internet governance in Rio de Janeiro, Brazil. For her dissertation, Shakeshaft is researching the interpretations and procedures of judges, lawyers, and governmental actors by examining legal resource allocation and case outcomes based on gender, nationality, and race. Her research focuses on transracial adoption case law, human trafficking case law, and data on nonimmigrant visas for victims of criminal activity and human trafficking.

• The SRDF Fellows visiting the Cook County Criminal Court, where they shadowed Assistant State's Attorney Jennifer Coleman

Highlights

The American Bar Endowment is the American Bar Foundation's largest and longest term supporter. The ABE's support is crucial to the ABF's ability to conduct and disseminate world-class research on law and its relationship to society. From left to right: Palmer Gene Vance, Hon. Lee S. Edmon, Martha Barnett, Ajay K. Mehrotra, Ellen Flannery, Anthony (Tony) Patterson, Jonathan Cole

www.americanbarfoundation.org • 2016 Annual Report 11

ABF Welcomes New Board Leadership Two long-time ABF community members took leadership roles at the ABF in fall 2016. Ellen Flannery, a partner in the Food, Drug, and Device practice at Covington & Burling LLP in Washington, D.C., was elected President of the American Bar Foundation in October, succeeding former ABF President, David Collins. Flannery is an active member of the ABF community, having served as an ABF Board member since 2005 and as chair of the Fellows of the ABF in 2007-08. New York attorney Michael Byowitz was elected chair of the Fellows of the ABF this past fall. He has been practicing law at Wachtell, Lipton, Rosen, & Katz for more than 30 years. Byowitz served as the co-chair of The Fellows’ New York chapter for two years and was most recently Chair-Elect and Secretary of the ABF Fellows.

Faculty Activities and Recognition ABF Director Emeritus and MacCrate Chair in the Legal Profession Robert L. Nelson, in collaboration with ABF Faculty Fellow Ronit Dinovitzer, affiliated scholar David Wilkins, and ABF research assistant Spencer Headworth, co-edited, Diversity in Practice: Race, Gender, and Class in Legal and Professional Careers published by Cambridge University Press. The volume is the output from the 2013 conference of the ABF’s Research Group on Legal Diversity. The essays collected in this edited volume examine the reality of diversity practices in contemporary law firms, corporations, and law schools. The collected papers analyze the disconnect between expressed commitments to diversity and the practical goals that are achieved, revealing the often obscure systemic causes that drive persistent professional inequalities. Diversity in Practice is the broadest study of diversity in professional careers to date. ABF Research Professor Elizabeth Mertz co-edited three volumes of The New Legal Realism, an ABF research project that has evolved into a major international school of legal study. The New Legal Realism project aims to develop a genuinely interdisciplinary approach to the empirical study of law and social science, and to advance a shared understanding of law. Since it was launched as an ABF research project co-directed by Mertz in the

late 1990s, New Legal Realism scholarship has grown to become a leading channel for translation between the law and social science. The ABF celebrated the 10th anniversary of the project in 2014. The New Legal Realism, Volume 1: Translating Society for Today’s Legal Practice, combines contributions from eminent scholars from a variety of disciplines to explore relevant issues and offer a model for future empirical law research. The New Legal Realism, Volume II: Studying Law Globally, focuses on the integration of global perspectives into our understanding of law and the interplay among global translations and conceptions of law. Translating the Social World for Law examines the linguistic challenges that arise in translating between law and the social sciences. The authors use empirical research to emphasize the importance of understanding how law operates in action around the world. ABF Research Professor Terence C. Halliday and ABF Faculty Fellow Sida Liu released their new book, Criminal Defense in China: The Politics of Lawyers at Work (Cambridge University Press, 2016) in November. Terence Halliday is a world-renowned sociologist and researcher with a focus on global law-making, professions, and international law reforms

• Ellen Flannery was named ABF Board President in October 2016 ©2016 Paul Sakuma Photography

• Fellows Chair, Mike Byowitz

12 American Bar Foundation • www.americanbarfoundation.org

Highlightsand the co-director of the American Bar Foundation’s Center on Law & Globalization. Liu, an assistant professor of sociology at the University of Toronto, is a sociologist of law who has written extensively on Chinese law and sociolegal theory. The book is the culmination of more than a decade of ongoing research on the work and politics of criminal defense lawyers and their fight for basic legal freedoms in China. Drawing from 329 interviews with criminal defense lawyers and activists between 2005 and 2015, as well as news and social media analysis, Criminal Defense in China documents the emergence of politically mobilized lawyers and human rights activism under China’s authoritarian state. In January, Halliday co-authored an open letter to Chinese President Xi Jinping, published in The Guardian, in which renowned jurists from around the world denounced the Chinese government’s crackdown on members of the legal community and demanded adherence to universal legal standards. On March 11, 2016, Halliday spoke to foreign diplomats, ambassadors, and U.N. officials about new proposals to strengthen the rule of law during a dialogue at the U.N. headquarters. The discussion, entitled, “Strengthening the Rule of Law through the United Nations Security Council (UNSC),” was hosted by the Rule of Law Unit on behalf of the U.N. Rule of Law Coordination and Resource Group, the Permanent Mission of Australia, and the Permanent Mission of Japan. It marked the official launch of a report of policy proposals by Australian institutions to enhance the capacity of the UNSC to strengthen the rule of law when it deploys peace operations, applies sanctions, and authorizes the use of force.

Faculty Awards and RecognitionProfessor Rebecca L. Sandefur, a Faculty Fellow at the ABF and an associate professor of sociology and law at the University of Illinois at Urbana-Champaign, spoke about her research on public experience with civil justice problems and civil legal aid at a meeting held at the U.S. Department of Justice (DOJ) on Feb. 29, 2016. The meeting was co-chaired by Loretta Lynch, Attorney General of the United States, and Cecilia Muñoz, director of President Obama’s Domestic Policy Council. The event was attended by cabinet-level representatives from over 20 federal departments,

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Cover image:

cambridge studies in law and society

Criminal Defense in China

Criminal Defense in China studies empirically the everyday work and political

mobilization of defense lawyers in China. It builds upon 329 interviews across China,

and other social science methods, to investigate and analyze the interweaving of politics

and practice in five segments of the practicing criminal defense bar in China from 2005

to 2015. This book is the first to examine everyday criminal defense work in China as

a political project. The authors engage extensive scholarship on lawyers and political

liberalism across the world, from seventeenth-century Europe to late twentieth-century

Korea and Taiwan, drawing on theoretical propositions from this body of theory to

examine the strategies and constraints of lawyer mobilization in China. The book brings

a fresh perspective through its focus on everyday work and ordinary lawyering in an

authoritarian context and raises searching questions about law and lawyers, politics

and society, in China’s uncertain future.

SIDA LIU is Assistant Professor of Sociology at the University of Toronto, Faculty

Fellow at the American Bar Foundation, and a Member of the Institute for Advanced

Study in Princeton in 2016–17.

TERENCE HALLIDAY is Co-Director of the Center on Law and Globalization,

Research Professor at the American Bar Foundation, and Honorary Professor at the

Australian National University, Canberra.

Criminal Defense in ChinaThe Politics of Lawyers at Work

Sida L i u a n d T er ence C . H a l l iday

cambridge studies in law and society

• A Chinese prison © Associated Press

• Human rights lawyer, Wang Yu, with ABF Research Professor Terence C. Halliday in Beijing, China, June 2015. Photo courtesy of Terence C. Halliday.

Highlights

www.americanbarfoundation.org • 2016 Annual Report 13

including the Departments of State, Labor, the Treasury, Education, Health and Human Services, Housing and Urban Development, and Homeland Security. The convening at the DOJ was the inaugural meeting of the White House Legal Aid Interagency Roundtable, created by presidential memorandum in September 2015. Professor Sandefur’s appearance coincided with the release of the DOJ’s Civil Legal Aid Research Workshop Report, to which she was a contributing expert. ABF Research Professor John Hagan was featured as a leading expert in the critically acclaimed documentary “13th,” a revealing depiction of the system of mass incarceration and the history of racial inequality in the U.S. “13th” is directed by Ava DuVernay, the first woman of color to direct a film nominated for a Best Picture Oscar. Hagan is the John D. MacArthur Professor of Sociology and Law at Northwestern University and the co-director of the American Bar Foundation’s Center on Law & Globalization. Other ABF faculty accolades include:

• ABF Visiting Scholar Robert Vargas received the New Scholar Award from the American Society of Criminology’s Division on People of Color and Crime.

• ABF Faculty Fellow and Law & Social Inquiry Editor, Chris Schmidt, was honored with the American Society for Legal History’s (ASLH) Surrency Prize this fall for his article “Divided by Law: The Sit-ins and the Role of the Courts in the Civil Rights Movement.”

• The Law & Society Association (LSA) recognized three ABF scholars with awards in 2016: – ABF Research Professor Shari Diamond

(Northwestern University Pritzker School of Law) received the Ronald Pipkin Service Award for what the LSA described as her “sustained and extraordinary service to the Association.”

– ABF Faculty Fellow Sida Liu (University of Toronto) received an Honorable Mention for the LSA’s Article Award for “Law’s Social Forms: A Powerless Approach to the Sociology of Law.”

– Former ABF doctoral fellow Ellen Berry (University of Denver), won the Herbert Jacob Book Award for the best book in law and society

scholarship published in 2015 for her book The Enigma of Diversity: The Language of Race and the Limits of Racial Justice. The book was based on her dissertation of the same name which she completed during her time as an ABF Doctoral Fellow.

• ABF Research Professor James Heckman was awarded the James Madison Medal from Princeton University, presented to an alumnus or alumna of the graduate school “who has led a distinguished career, advanced the cause of graduate education, or achieved a record of outstanding public service.” In February, Heckman received the 2016 Dan David Prize, a top international prize for outstanding scientific, technological, cultural or social achievements; he was honored for his contributions to “combatting poverty.” He was also named a distinguished 2016 Fellow of the American Academy of Political and Social Science. Heckman is a University of Chicago Nobel Laureate economist and the Henry Schultz Distinguished Service Professor of Economics.

ABF Research Professor John Hagan presenting on mass incarceration at Cornell University. Photo by Cameron Pollack, The Cornell Daily Sun

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Research Program

Access to Justice Roles Beyond LawyersABF Faculty Fellow Rebecca Sandefur leads the ABF’s access to justice research initiative. Her new report, Roles Beyond Lawyers: Evaluation of the New York City Court Navigators Program and Its Three Pilot Projects, assesses the efficacy of legal navigator programs to bridge the access to justice divide for underrepresented individuals in New York City’s civil courts. Roles Beyond Lawyers is the first comprehensive evaluation of this program and the first of its kind in American civil courts. Her findings show that

• Litigants who received the help of any kind of Navigator were 56 percent more likely than unassisted litigants to say they were able to tell their side of the story (surveyed responses)

• Tenants assisted by a Housing Court Answers Navigator were 87 percent more likely than unassisted tenants to have their defenses recognized and addressed by the court

• In cases assisted by University Settlement Navigators, zero percent of tenants experienced eviction from their homes by a marshal. By contrast, in recent years, one formal eviction occurs for about every 9 nonpayment cases filed citywide.

Sandefur conducted the study with Thomas M. Clarke from the National Center for State Courts, with funding from the Public Welfare Foundation.

Surrogate Decision MakingABF Research Professor Susan Shapiro, using unprecedented data from two years of observation in two intensive care units at a major urban teaching hospital, is examining how surrogate decision makers make medical—often end of life—decisions for patients unable to speak for themselves. Thus far, Shapiro’s real-time observations of medical decision making offer a very different perspective on the effectiveness of advance medical directives than that suggested in previous research based on retrospective accounts. In particular

• Medical advance directives are of limited value as few people have them, and those that exist are often ignored by decision makers and physicians

• Advanced directives are not followed for a variety of reasons, including– the directive not being in the patient’s chart– the directive not accurately reflecting the

patient’s wishes– the directive being too abstract to provide

meaningful guidance– the surrogate decision makers not following the

directive• At present, given the limitations of advance

directives, the best protection for potential patients is to have a family member who is designated to be aware of the patient’s wishes and to honor them

Civil Jury at WorkABF Research Professor Shari Seidman Diamond’s research on video-taped jury deliberations in 50 real civil trials in the State of Arizona has yielded a wealth of findings including

• Jurors who are allowed to discuss the case as the trial progresses show better accuracy of recall, and report greater comprehension of expert testimony

• Questions submitted by jurors during trials reveal that jurors are intensely aware of the adversarial nature of the trial process, and are attempting to check and gather information to clarify competing claims, rather than advocating for one side or another

Research at the ABF is conducted by a residential research faculty and over fifty affiliated scholars from across the nation and the world. In the following areas and more, the ABF has been recognized as a thought leader and a source of research that is shaping law and policy. The findings from ABF research presented below are representative, but by no means exhaustive, of ABF’s collective research efforts and achievements.

ABF Faculty Fellow Professor Rebecca Sandefur

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• When jury instructions fail, they do so more because of a lack of clarity in instruction rather than opaque legal language

As a member of the American Bar Association’s American Jury Project, Professor Diamond helped draft the Principles for Juries and Jury Trials, which were adopted in 2005. Diamond’s research has been incorporated into the evaluation and training programs of the Federal Judicial Center.

Legal Profession/Legal EducationAfter the JD StudyThe ABF long has been recognized as the leading source of research on the legal profession. Among current projects is After the JD (AJD), the first national study of legal careers. AJD is following a large national sample of lawyers admitted to the bar in 2000 over the first decade-plus of their careers. AJD is a unique source of information on the changing nature of legal careers. Data collection for Wave III of AJD was completed in early 2013. Data analysis on this rich sample continues, and a capstone book project is now underway on the findings from the first three waves. Recent findings include

• Lawyers are moving away from private practice, toward business (both as inside counsel and in non-law positions). In 2003 only 8.4% were working in the business sector; by 2012 that figure jumped to 20%. Meanwhile, the percentage of lawyers working in private practice declined from 68.8% to 44.1% over the same period.

• The gender pay gap persists. In 2012, female respondents working full time earned 80% of the pay reported by male respondents.

• The gender gap in attaining partnership persists. In 2012, 52.3% of female respondents working in law firms were partners, compared with 68.8% of male respondents. Of partners, 65.5% of men were equity partners compared with 53% of women.

• Overall, 40.8% of respondents said that the economic downturn of 2008-09 had no noticeable effect on their careers

• 76% of respondents indicated they were “moderately” or “extremely” satisfied with their decision to become a lawyer. When asked whether

law school was a “good career investment,” on a 1 to 7 scale, with 4 meaning “neither agree nor disagree,” the mean score was 5.46, indicating a relatively positive assessment.

Task Force on the Financing of Legal EducationThe American Bar Association’s 2014-15 Task Force on the Financing of Legal Education examined the student costs associated with legal education, specifically educational debt and financial aid and scholarships. The task force’s consultant and reporter, ABF Research Professor Stephen Daniels, has been continuing the work of the task force by analyzing existing data and collecting additional materials on the changing dynamics of legal education. The Task Force’s research revealed that

• Most law schools are heavily tuition-dependent for operating revenue. For one-quarter of them, over 80% of revenue comes from tuition.

• Accounting for inflation, private school debt increased by 25% between 2005 and 2013, and public school debt increased by 34%

• Between the Fall 2009 through Spring 2015 academic years, new enrollments declined 30% for private law schools and 18% for public schools

After Tenure, Phases I & IIThe After Tenure study, led by Research Professor Elizabeth Mertz, in collaboration with colleagues Frances Tung, Katharine Barnes, and Wamucii Njogu, is the first in-depth examination of the lives of post-tenure law professors in the United States. Post-tenure law professors play an important role in the American legal system by directing the initial screening and training of lawyers. Legal academics can also directly affect the conceptualization of national and local legal issues through their scholarship, or through their own personal involvement as advocates, judges, or government officials. In addition to its contribution to our knowledge of law professors, the study also speaks to a larger body of literature on both the legal profession and the academy. The study involved a national survey of over 1,000 of these professors and follow-up interviews with 100 of the survey participants.

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In their analysis of the experiences of these tenured law professors, Mertz and her colleagues have found that

• Nearly 39% of U.S. tenured law professors teach in the 50 top-ranked law schools in the country, as compared to the remaining three tiers (comprising 129 additional schools). Most law professors (60%) teach in private institutions.

• Educational levels of the mothers of professors of color and white women tended to be higher than those of white men

• The vast majority of professors reported feeling respected and comfortable in their teaching positions, with 96% feeling respected by students and 98% feeling comfortable in the classroom

• Despite the fact that most tenured law professors expressed overall satisfaction with their work lives, female professors and professors of color reported differentially negative experiences

Criminal JusticeParental IncarcerationResearch is being carried out at the ABF examining the effects of mass incarceration on individuals, families and communities. With funding from the National Science Foundation, ABF Research Professor John Hagan is engaged in a multi-phase research project examining the social effects of mass incarceration and the impact of parental incarceration on children. According to Hagan’s research, approximately 700,000 inmates return to their families and communities from prison and half of these former prison inmates reentering society are parents. A recently concluded phase of the project has revealed that

• More than 3 million American children have an incarcerated parent

• The overall U.S. college graduation rate of 40% drops to 1-2% among children of mothers who are imprisoned and to about 15% for children of imprisoned fathers

• Even if their own parents are not imprisoned, when children go to schools where 10-20% of other parents are imprisoned, the college graduation rate drops by half

Economics of Human PotentialABF Research Professor James J. Heckman is engaged in a multi-year study of the economics of human potential.

His research has shown that investment in early education and healthcare for disadvantaged children from birth to age 5 helps increase the likelihood of healthier lifestyles. Heckman has shown that

• Disadvantaged children who receive quality early healthcare and education are more likely to demonstrate self-control, follow doctors’ instructions and lead healthier lives as adults

Heckman has also demonstrated that early childhood education helps

• Lower the crime rate• Reduce the achievement gap• Reduce the need for special education

In late 2016, Heckman released a new co-authored paper, The Life-Cycle Benefits of an Influential Early Childhood Program, which compared two pre-kindergarten education programs aimed at disadvantaged children and provided the long-term cost-benefit analysis of investing in these programs over 35 years. The findings from this paper show

• An annual estimated 13.0% rate of return and an associated benefit/cost ratio of 6.3 on the investment

Law & DiversityThe Future of LatinosInaugural ABF Neukom Chair Rachel F. Moran and ABF Research Professor Robert Nelson co-direct the major research and planning initiative, The Future of Latinos in the United States: Law, Opportunity, and Mobility. The Future of Latinos is a nation-wide, interdisciplinary project dedicated to understanding and advancing research on

• the current condition of Latinos in the United States,

• the structural barriers that impede full equality and integration for this emerging population,

• the sites of intervention that promise to be most effective in promoting opportunity and mobility through law and policy

Since its launch in 2015, the initiative has convened leading national policy makers and experts for a series of national roundtable events focused on identifying existing research and resources, understanding social and legal barriers to opportunity, developing reform recommendations that support full integration and inclusion, and cultivating a new generation of young Latino leaders.

Research Program

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Employment DiscriminationRecent research conducted by ABF Research Professors Laura Beth Nielsen and Robert L. Nelson, with Ellen Berrey, considers how race may play a role in plaintiffs’ ability to find a lawyer. Examining racial patterns of lawyer use in employment discrimination cases, the investigators find that

• African Americans are 2.5 times more likely than white plaintiffs to file employment discrimination cases pro se, or without a lawyer. Other racial minorities, including Hispanics and Asians, are 1.9 times more likely to file pro se than their white counterparts.

• Lack of information about the legal system, lack of trust in lawyers and their motives, and lack of time and resources to go through the arduous process of searching for a lawyer are all “bottom up” factors that contribute to the disparity in representation

Law & GlobalizationCriminal Defense in ChinaABF Research Professor and co-director of the Center on Law & Globalization, Terence C. Halliday, and ABF Faculty Fellow Sida Liu, spent more than a decade researching the work of Chinese criminal defense lawyers and their struggle for basic legal rights under an authoritarian state. Their new book, Criminal Defense in China: The Politics of Lawyers at Work (Cambridge University Press, 2016) represents the first comprehensive social science study of the everyday work and political mobilization of criminal defense lawyers practicing in China. Between 2005 and 2015, Halliday and Liu collected extensive media data and conducted 329 interviews with Chinese criminal defense lawyers and rights activists. Among other findings, Halliday and Liu identify

• Five classifications of lawyers: progressive elites, pragmatic brokers, political activists, routine practitioners, and notable activists

• A comparative and historical approach to the

growth of political liberalism among Chinese lawyers, placing the movement within the framework of similar movements in Taiwan, Korea, Europe, and the Americas

• Among the respondents studied, the longer criminal defense lawyers remain in practice, the more their motivation in pursuing justice and constraining state power increases

• The political activism of Chinese activist lawyers is sustained not only by strong ideals, but also by the social networks in which they are embedded, e.g., collegial networks, human rights networks, religious networks, and transnational networks that include foreign journalists, NGOs and foreign governments

Writing RightsTom Ginsburg, an ABF Research Professor and Leo Spitz Professor of International Law and professor of political science at the University of Chicago, and his colleagues are examining the origins and diffusion of rights in national constitutions from 1789 to present, using new data from the Comparative Constitutions Project. In doing so, they offer a mix of quantitative and qualitative methodologies on a set of contemporary controversies in history, political science and law. Researchers have identified the constitutions where various rights are first entrenched, explained why these rights were entrenched where they were (and not in another constitution written during the same era), and then assessed how these innovations in constitutional rights were propagated around the world. Unlike the existing literature, which emphasizes international factors, the researchers argue that domestic political factors and country characteristics (e.g., colonial heritage, prior entrenchment patterns, regime-type, domestic, etc.) are crucial in understanding the development and spread of constitutional institutions. They focus special attention on first constitutions and region as the drivers of adoption. Researchers are currently examining

• The factors that predict the adoption of new rights in the entire corpus of rights, and

• The role of international treaties in coordinating rights provisions in national constitutions

The Future of Latinos co-directors, Robert L. Nelson and Rachel F. Moran

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Bernadette AtuaheneJ.D., Yale Law School; M.P.A. Harvard University

Joint Appointment: Professor of Law, Chicago-Kent College of Law

Research Interests: law and international development, particularly the dispossession and restitution of property rights in the developing world. Research has examined the challenges faced by transitional democracies where past property dispossession is a prominent political and moral issue.

Current ABF ProjectConceptualizing Property TakingsUsing the concept of a “dignity taking,” linking the unconsented taking of property rights with the deprivation of dignity which Atuahene has explored previously, this research project seeks to further understand the relationship between property and dignity, and extends the earlier analysis to the case of squatting. Among other things, the research will help illuminate why some populations choose to squat instead of pursing alternative accommodations, and how these risky and illegal actions may enhance or degrade their dignity.

Traci Burch Ph.D., Government and Social Policy, Harvard University

Joint Appointment: Associate Professor of Political Science, Northwestern University

Research Interests: criminal justice policy, political participation, race and ethnic politics

Current ABF ProjectThe Effects of Policing on Political Participation and Public OpinionBurch is working on several papers that concern the effects of policing on political participation and public opinion. Two papers will use survey data from a collaborative survey of Americans fielded after the 2016 election to look at how policing and criminal justice contact shapes political participation and public opinion about police. Another paper will collect nationwide data on police killings and other geographic information to see the relationship between police killings and protest incidents. A final paper examines how aggressive policing practices shape neighborhood political participation.

Stephen Daniels Ph.D., Political Science, University of Wisconsin

Research Interests: law and public policy, legal education, the legal profession, and the American civil justice system. Research has addressed innovation in legal education, the delivery of legal services, civil juries, trial courts, plaintiffs’ lawyers, medical malpractice, punitive damages, and the politics of civil justice reform.

Current ABF ProjectsLegal Education: Challenges, Changes, and Rhetoric— an Empirical Exploration (in part with David Thomson)This project will follow up on and expand the work of the 2014-15 ABA Task Force on the Financing of Legal Education (Daniels served as the reporter and consultant for the Task Force). It does so by fully analyzing the data collected as a part of the Task Force’s work in combination with additional relevant data and materials relevant to the challenges facing legal education.

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Research Professors

Licensed Legal Professionals and the Justice Gap (with James Bowers)Using nurse practitioners as a reference point this project his two main goals: to explore the role such professionals can play in providing access to justice, and to examine the current and past debates over such professionals.

Shari Seidman DiamondPh.D., Social Psychology, Northwestern University; J.D., University of Chicago

Joint Appointment: Howard J. Trienens Professor of Law and Professor of Psychology, Northwestern University, Pritzker School of Law

Research Interests: legal decision-making, including conflicts between expertise and impartiality, discretion and control; equality and individuation; and science and law. Research addresses how these conflicts influence jury and judicial decision-making, how juries grapple with evidence and the law, and how courts use and fail to make use of scientific evidence.

Current ABF ProjectsBuilding on the Arizona Filming Project (with Mary R. Rose and Beth Murphy)Using a unique opportunity to study 50 real civil jury deliberations, this project tests a variety of claims about how juries function. The picture that emerges from the close quantitative and qualitative study of these deliberations reveals a complex process of reasoning and decision making not fully captured in laboratory and archival work.

Science and the Legal System (with Richard O. Lempert)Science and law increasingly interact, but the quality of scientific expertise in the legal system is often in doubt. The first phase of this project surveys elite scientific and engineering experts, exploring their attitudes toward the legal system, reasons why they accept or refuse to participate as experts in legal proceedings, their experience when they do participate, and how procedures might be changed to facilitate greater participation.

Laura F. EdwardsPh.D., History, University of North Carolina at Chapel Hill; 2016-17 William H. Neukom Fellows Research Chair in Diversity and Law

Joint Appointment: Peabody Family Professor of History in Trinity College of Arts and Sciences, Duke University

Research Interests: race, gender, and the law in the nineteenth-century

Current ABF ProjectOnly the Clothes on Her Back This project shifts the analytical frame from property the minority owned to property the majority possessed, a shift that changes our understandings of Americans’ relationship to the law and the development of the state. Exploring the relationship between the textile trade in the nineteenth century and institutions of law and governance, Edwards reveals the ways that subordinated groups engaged in trade, used the legal system, and ultimately shaped the nation’s governing institutions. As such, the project provides a new framework for understanding the development of inequality in the United States.

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Tom GinsburgPh.D., Jurisprudence and Social Policy, University of California, Berkeley; J.D., Boalt Hall School of Law University of California, Berkeley

Joint Appointment: Leo Spitz Professor of Law and Professor of Political Science, University of Chicago

Research Interests: the drafting, design, and implementation of national constitutions; international law and comparative public law; the role of law in rebel regimes and law relevant to armed conflict.

Current ABF ProjectWriting Rights: Constitutional Design for Territorially Divided Societies: The Future of the Middle East This project examines the origins and diffusion of rights in national constitutions from 1789 to present, using new data from the Comparative Constitutions Project. Unlike the existing literature, which emphasizes international factors, we argue that domestic political factors and country characteristics (e.g., colonial heritage, prior entrenchment patterns, regime-type, domestic, etc.) are crucial in understanding the development and spread of constitutional rights institutions.

John HaganPh.D., Sociology, University of Alberta

Joint Appointment: John D. MacArthur Professor of Sociology and Law, Northwestern University

Research Interests: the intersections of international criminal law, war crimes, war resistance, mass incarceration, lawyers, and domestic criminality

Current ABF ProjectAdolescent and Adult Lives of Children of Parents Returning from Prison (with Holly Foster)In the United States, approximately 700,000 inmates return to their families and communities from prison. Half of these former prison inmates re-entering society are parents. This project is analyzing the impact of the return of these parents on their children.

Terence HallidayPh.D., Sociology, University of Chicago

Joint Appointment: Adjunct Professor of Sociology, Northwestern University Honorary Professor, School of Regulation, Justice and Diplomacy, Australian National University, and Fellow, College of Asia and the Pacific, Australian National University

Research Interests: research on law and markets focuses on international trade law, with special reference to the ways in which international organizations create global norms in such diverse areas as corporate bankruptcy law, maritime law, secured transactions, anti-money laundering and combating the financing of terrorism. Research on globalization and politics analyzes degrees of activism by the legal complex (e.g., lawyers, judges, prosecutors, law faculty) to the protection of basic legal freedoms and advance of political liberalism worldwide.

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Current ABF ProjectsThe Rise of Lawyer Activism in China (with Sida Liu)A study of the varieties of activism exercised by China’s lawyers in criminal defense, the protection of basic legal freedoms, and public interest causes, such as health, the environment, protection of women and children, and rule of law.

Lawyers in the Pursuit of Basic Legal Rights: Criminal Defense in China (with Sida Liu)This project undertakes a major empirical study on criminal defense lawyers and political liberalism in China using a combination of social science methods, including interviews, media analysis, archival research, and online ethnography. The principal findings of the research were published in Halliday and Liu’s book, Criminal Defense in China: The Politics of Lawyers at Work (Cambridge University Press, 2016).

James J. HeckmanPh.D. Economics, Princeton University

Joint Appointment: Henry Shultz Distinguished Service Professor, Department of Economics and the College, University of Chicago

Research Interests: the economics of human flourishing, or the circumstances under which people are able to develop the skills to thrive in our current economy. These encompass the conventional, cognitive sense of the word (education, on-the-job training) as well as the non-cognitive sense (such as the qualities of perseverance and accountability). Developing theoretical models of parental choice and child preference formation, as well as intergenerational models of family influence.

Current ABF Project Analyzing the Influential Early Childhood Policies that are Proven to Promote Human Flourishing: Understanding Which Strategies Work (Including a Cost-Benefit Analysis) and WhyA large and flourishing literature documents the effectiveness of early childhood interventions on a variety of outcomes, including crime, education, teenage pregnancy, earnings, health and mental health. This research is strengthening the evidence and interpreting it more finely with an eye toward guiding the design of effective policy and determining which programs work.

Carol A. Heimer Ph.D., Sociology, University of Chicago

Joint Appointment: Professor of Sociology, Northwestern University

Research Interests: law, regulation and governance, particularly in healthcare; legal pluralism and non-state law; law and globalization. Research has focused on the relationship between law and other systems of rules and norms; the diffusion of more legalistic forms of governance to healthcare (HIV clinics, infant intensive care units); and the diffusion and adaptation of rules as they flow across boundaries

Current ABF ProjectsThe Legal Transformation of Medicine: How Rules Work in the International World of HIV/AIDS This book project braids together investigations of three transformative events—the “legalization” and globalization of medicine and the advent of HIV/AIDS—in a study of how laws, regulations and other rules are actually used in HIV research and treatment in the United States, Uganda,

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South Africa, and Thailand. It investigates what happens when laws, regulations, and guidelines are transported to new sites where they confront the realities of medical care, clinical research, and healthcare administration in developing countries—resource shortages, desperate patients, culturally-based miscommunications about ethical principles, discrepancies between first-world research designs and third-world research settings, as well as the mundane uncertainties typical of the encounter between medicine and human biology.

Punctuated Globalization: Law, Institutionalization, and Globalization in Medicine and Health Care On hold in 2016The core hypothesis of this project is that the pattern of unevenness in globalization—here termed “punctuated globalization”—in part reflects the cyclical processes of legal change, followed by adjustment to new legal regimes, in turn followed by further legal adjustments. This project will use the case of medicine and health care, decomposed into a series of domains to provide adequate variability, to investigate the role law plays in encouraging or discouraging processes of globalization.

John P. HeinzResearch Professor Emeritus, LL.B., Yale University

Research Interests: the social structure of the legal profession, the political activity of lawyers, and interest group politics.

A leading scholar of the legal profession, former Director of the ABF, and winner of the Harry J. Kalven, Jr. Award for Outstanding Scholarship in Law and Society, Professor Heinz has retired from teaching and research. He remains active in the ABF intellectual community and in Chicago civic and professional activities. He continues to write and publish on a variety of topics.

Steven D. Levitt (on leave)Ph.D., Economics, Massachusetts Institute of Technology

Joint Appointment: William B. Ogden Distinguished Service Professor of Economics, University of Chicago

Research Interests: crime, the criminal justice system, and corruption, and a wide variety of issues related to racial disparity and education

Current ABF ProjectMeasuring the Impact of Crack Cocaine (with Roland G. Fryer, Jr.)This project is developing a statistical index to measure the extent to which crack cocaine can account for the adverse trends in many indicators of African American progress in major urban areas during the 1990s. It will shed light on important issues related to public policy and law. Among these issues are the extent to which the important social costs of crack are due primarily to ingestion of crack per se, or rather to the prohibition of crack and the accompanying enforcement of the law.

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Ajay K. MehrotraABF Director and Research Professor; Ph.D., History, University of Chicago; J.D., Georgetown University Law Center

Joint Appointment: Professor of Law, Northwestern University, Pritzker School of Law

Research Interests: tax law; legal history; the relationship between taxation and American state formation in historical and comparative contexts.

Elizabeth Mertz Ph.D., Anthropology, Duke University; J.D., Northwestern University, Pritzker School of Law

Joint Appointment: John and Rylla Bosshard Professor Emerita, University of Wisconsin Law School; Visiting Scholar, School of Social Science, Institute for Advanced Study, Princeton University

Research Interests: the language of law; legal education; social science and law

Current ABF ProjectsSenior Status in the Legal AcademyThis is the first national study of America’s law professors, focusing on the post-tenure time during which the bulk of professors’ professional careers take place. Starting with a stratified random sample and oversample of minority professors, it proceeded to a follow-up interview study of over national survey using a stratified random sample and oversample of minority professors, it proceeded to a follow-up interview study of over 100 survey participants; results track many facets of law professors’ careers, including differences along lines of race and gender.

The Language of Law Professors: In Their Own VoicesA companion study to the “Senior Status” project, this research provides a more fine-grained and linguistically sophisticated perspective on today’s law professors in the U.S. Data collected from written, on-line video, and interview sources are used to permit law professors to speak “in their own voices” about the law, law schools, and life within the American legal academy in this time.

New Legal Realism: 10th Anniversary Conference (with the University of California-Irvine Law School)The New Legal Realism, a project that has attracted national and international attention, had important roots in the ABF’s signature interdisciplinary approach to studying law. With three new volumes emerging in 2016, the NLR movement continues to push for high-quality translations of social science for law.

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Rachel F. MoranJ.D., Yale Law School; Inaugural 2015-16 William H. Neukom Fellows Research Chair in Diversity and Law

Joint Appointment: Michael J. Connell Distinguished Professor of Law and Dean Emerita, UCLA School of Law

Research Interests: educational access and equity; Latino-related law and policy

Current ABF ProjectThe Future of Latinos in the United States: Law, Opportunity, and Mobility (with Robert L. Nelson)By the year 2050, Latinos are projected to account for nearly one in three Americans. Yet, they lag behind on key indicators of educational attainment, economic security, and political participation, and they face significant uncertainties with respect to immigration policy. Building on a record of path-breaking research on both inequality and diversity, the ABF has launched a project on “The Future of Latinos in the United States: Law, Opportunity, and Mobility.” The project is hosting a series of regional roundtables to address the critical law and policy challenges facing the Latino community. The roundtables are designed to facilitate creative exchange among academic researchers from a range of disciplines, advocates from community organizations, media representatives, foundation officials, and emerging leaders. In addition, the project is bringing together key stakeholders from law school clinics, law firm pro bono programs, public interest firms, and foundations to seek solutions to the growing access to justice gap in the Latino community.

Janice NadlerPh.D., Social Psychology, University of Illinois; J.D. Boalt Hall School of Law, University of California, Berkeley

Joint Appointment: Stanford Clinton Research Professor of Law, Northwestern University, Pritzker School of Law

Research Interests: social psychology and law, focusing on the expressive effects of law and legal authority focuses in three main areas: 1) how moral judgments and legal judgments interact and influence one another; 2) the focal point theory of expressive law; and 3) Fourth Amendment jurisprudence regarding notions of voluntariness and consent.

Current ABF ProjectsMoral Judgment and the Psychology of Legal BlameThis project proposes to empirically investigate three factors that are hypothesized to influence psychological blame: the actor’s motive, the actor’s character, and the victim’s character. A central aim of the project is to inform criminal law theory about the factors that motivate the reasoning of ordinary people when they make judgments about blame and punishment.

The Probative Versus Prejudicial Effect of Gruesome Photographs in CourtCourtroom images can influence beliefs, emotions, and judgments in ways that have never been empirically examined. This project will investigate how these emotionally evocative modes of visual evidence can affect the psychology of jurors’ decision making processes, through influence on emotions, attention to evidence, and legal judgments at the individual and group level.

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Robert L. Nelson ABF Director Emeritus MacCrate Research Chair in the Legal Profession; Ph.D., Sociology, Northwestern University; J.D., Northwestern University, Pritzker School of Law

Research Interests: the sociology of law, with special emphasis on anti-discrimination law and the social organization of the legal profession

Current ABF ProjectsEmployment Civil Rights Litigation (with Laura Beth Nielsen and Ellen Berrey)Please refer to Laura Beth Nielsen’s entry for project description

After the JD (with Ronit Dinovitzer, Bryant Garth, John Hagan, Ethan Michelsen, Gabriele Plickert, Rebecca Sandefur, Joyce Sterling, David Wilkins)A longitudinal study of a national sample of lawyers who passed the bar in 2000, who have been interviewed in 2003, 2007, and 2012, complemented by in-depth interviews with a subsample of survey respondents.

Future of Latinos: Law, Mobility, and OpportunityPlease refer to Rachel F. Moran’s entry for project description.

Laura Beth NielsenPh.D., Jurisprudence and Social Policy, University of California, Berkeley; J.D. Boalt Hall School of Law, University of California, Berkeley

Joint Appointment: Professor of Sociology and Law, Director of Legal Studies, Northwestern University

Research Interests: the sociology of law, with particular interests in legal consciousness and the relationship between law and inequalities of race, gender, and class, civil rights generally and employment civil rights in particular.

Current ABF ProjectEmployment Discrimination Litigation (with Robert L. Nelson and Ellen Berrey)A quantitative analysis of a large random sample of federal civil rights cases, complemented by in-depth interviews with parties and lawyers in random subsample of cases.

Jothie Rajah Ph.D., University of Melbourne; LL.B., National University of Singapore

Research Interests: the intersections of law, language and power in the following areas: law, legitimacy and authoritarianism; international organizations and the global public sphere in constructions of norms for the rule of law; and the relationship between law, religion and national identity.

Current ABF ProjectRule of Law DiscoursesThis study analyzes the different ways in which global institutional actors (the UN, the World Bank, the International Commission of Jurists, the World Justice Project) define “rule of law” through a close reading of texts and practice of these institutions in order to investigate global norms for the rule of law. By focusing on the normative content of global texts and practices, the study seeks to uncover the history and politics of global discourse on the rule of law.

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Justin Richland Ph.D., Anthropology, University of California, Los Angeles; J.D., University of California, Berkeley

Joint Appointment: Associate Professor of Anthropology, University of Chicago

Research Interests: legal discourse analysis and semiotics; anthropology of law; contemporary Native American law, politics, art and ethnographic museology

Current ABF ProjectOpen Fields This project explores whether changes in Federal laws regarding Native American cultural property and human remains (especially Native American Graves Repatriation and Protection Act) are impacting how Tribal Nations in the US are engaging with non-native institutions and agencies that control those materials. This includes not only Federal agencies like the US Forest Service and the Bureau of Land Management, but also federally funded private institutions like the Field Museum of Natural History and the American Museum of Natural History. This is part of a larger project that explores the details of negotiations between native and non-native officials in government and related institutions, and how a close analysis of these engagements shed light on the regulatory practices of Notice and Comment that make up the regular site of government-to-government engagement between the US and Tribes today.

Susan P. ShapiroPh.D., Sociology Yale University

Research Interests: the social construction, social organization, and social control of fiduciary, trust, and principal-agency relationships. Research has examined white-collar crime, ethics, conflict of interest, the professions, the news media, and medical decision making.

Current ABF ProjectSurrogate Decision Making at the End of Life: An Observational StudyThis observational study of two intensive care units investigates how surrogate decision makers make medical decisions on behalf patients who lack capacity to make their own medical decisions or to speak for themselves. It also examines the role of law at the bedside in general and that of advance directives in particular.

Victoria Saker Woeste Ph.D., Jurisprudence and Social Policy, University of California, Berkeley

Research Interests: historical change in American law, specifically the broad nature of government-business relations and the civil rights movement; the institutional and regulatory dimensions of agriculture and agribusiness and the dodgy, indeterminate character of hate speech regulation as it intersects with the free exercise of religion.

Current ABF ProjectReconstituting Civic Community: The American State, Hate Speech, and the Westboro Baptist Church, 1945-1990This project is proceeding in two phases: a media and cultural analysis of the Westboro Baptist Church that compares the WBC to other historical and present-day hate groups; and a study of the civil rights law practice of the WBC’s founder, the Rev. Fred W. Phelps that explores the contradictions and continuities between the civil rights movement and religiously-backed hate speech.

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John L. ComaroffPh.D., Anthropology University of London

Professor of African and African American Studies and of Anthropology, Oppenheimer Fellow in African Studies, Harvard University; Honorary Professor of Social Anthropology, University of Cape Town

Research Interests: crime, policing, and the workings of the state in Africa, democracy and difference in post-revolutionary societies, and postcolonial political economy in the global south.

Bryant G. GarthPh.D., European University Institute; J.D., Stanford Law School

Professor, University of California-Irvine School of Law; Dean Emeritus, Southwestern Law School; Director Emeritus, American Bar Foundation

Research Interests: the legal profession, dispute resolution, and internationalization, the topics intersect around the question of how internationalization—seen as the import and export of ideas, technologies, approaches, resources, and hierarchies—affects the position and importance of law in regulating the economy and the state; the changing role of the legal profession in the United States; the globalization of legal education.

Current ABF ProjectAfter the J.D. (with Ronit Dinovitzer, Gabrielle Plickert, Robert Nelson, and Joyce Sterling) Please refer to Robert Nelson’s entry for project description.

Bonnie HonigPh.D., Political Science, Johns Hopkins University

Nancy Duke Lewis Professor of Political Science, Brown University

Research Interests: legal theory, philosophy of law, democratic theory.

Dylan C. PenningrothPh.D., History, Johns Hopkins University

Professor of History, University of California, Berkeley

Research Interests: African-American history, comparative histories of slavery and emancipation, and socio-legal history, with a particular focus on family relations, the rise of the independent black church, migration, the interaction between legal categories and popular conceptions such as respectability, race, and “slavish origins;” the cultural, social, and legal legacy of slavery in colonial Ghana and the United States.

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Robert J. SampsonPh.D., State University of New York at Albany

Henry Ford II Professor of the Social Sciences at Harvard University

Research Interests: crime, disorder, the life course, neighborhood effects, civic engagement, inequality, “ecometrics,” and the social structure of the city.

Christopher L. Tomlins Ph.D., American History, Johns Hopkins University

Professor of Law, University of California, Berkeley; Affiliated Research Professor, American Bar Foundation

Research Interests: Anglo-American legal history, from the beginning of the sixteenth century into the later twentieth century. Currently engaged in research on the Southhampton (Virginia) slave revolt of 1831, known as the Turner Rebellion. Additional work includes research on the history of contemporary legal thought, on the philosophy of legal history, and on the materialist jurisprudence detectable in the work of the German literary critic Walter Benjamin.

Ronit DinovitzerPh.D., Sociology University of Toronto

Joint Appointment: Associate Professor of Sociology, University of Toronto

Research Interests: the sociology of law, with a particular interest in the legal profession, focusing on the sources of inequality within the profession and the mechanisms that produce and reproduce them. Combining analyses of the professions with research in social policy, including the social organization of lawyers, the role of labor markets, and the effects of culture on professional work. Recent work has examined the gender gap in lawyer incomes, the distribution of lawyer satisfaction, and the career trajectories of urban law school graduates.

Current ABF ProjectAfter the JD (with Bryant Garth, Robert Nelson, Gabriele Plickert, and Joyce Sterling)Please refer to Robert Nelson’s entry for project description.

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Sida LiuPh.D., Sociology University of Chicago

Joint Appointments: Assistant Professor of Sociology and Law, University of Toronto; Research Fellow, Shanghai Jiao Tong University KoGuan Law School

Research Interests: sociology of law, legal profession, globalization, socio-legal theory, china

Current ABF ProjectThe Rise of Lawyer Activism in China (with Terence C. Halliday)Please refer to Terence Halliday’s entry for project description.

Rebecca L. SandefurPh.D., Sociology, University of Chicago

Joint Appointment: Associate Professor of Sociology, University of Illinois

Research Interests: inequality, particularly as it relates to law. Scholarship includes investigations of work and inequality in the legal profession and other professional occupations, lawyers; pro bono service and its contributions to legal aid, and studies of ordinary people’s experiences with common problems that could bring them into contact with the civil justice system.

Current ABF ProjectsAssessing Justice in the Contemporary USA: Community Needs and Services StudyThe CNSS is a multi-method study investigating the American public’s experience with civil justice problems and the institutions of remedy that exist for those problems. The study focuses on a core set of commonly experienced problems that have civil legal aspects, raise civil legal issues, and have consequences shaped by civil law.

Roles Beyond Lawyers (Access to Justice)Many in the United States who need assistance handling civil justice issues do not obtain it; some call this an “access to justice crisis.” Emerging strategies for responding include new “roles beyond lawyers”—people who are not fully trained and qualified attorneys but who are authorized to do some of the work that traditionally only licensed lawyers have been able to do, such as giving legal advice to members of the public. These innovations seek to expand people’s access to rights and remedies under law while at the same time reducing the burdens that courts face when many litigants appear without lawyer representation. The Roles Beyond Lawyers study investigates how and how well these programs work at achieving their goals.

After the JDPlease refer to Robert Nelson’s entry for project description.

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Christopher W. SchmidtPh.D., History of American Civilization, Harvard University; J.D., Harvard Law School

Joint Appointment: Associate Professor, Chicago-Kent College of Law

Research Interests: the intersection of social movement mobilization and constitutional change in recent American history; the ways in which constitutional claims emerge and develop outside the courts, and the effect of these extrajudicial claims on legal doctrine. Current research focuses on the egalitarian constitutionalism of the civil rights movement; and the libertarian constitutionalism that has gained traction with the rise of populist conservatism in recent decades.

Current ABF ProjectsThe Sit-Ins: Protest, Law, and Social ChangeThis book project is a legal history of the lunch counter sit-in movement of the 1960s. It tells the story of how the student lunch counter sit-in demonstrations that swept across the South in 1960 sparked a national debate over the meaning of the Constitution’s requirement that all Americans receive the equal protection of the law.

Civil Rights: An American HistoryThis book project offers a history of how Americans have struggled over the meaning of the term civil rights from the Civil War through today. The work offers an explanation of a label initially conceived in the aftermath of the Civil War as a narrow term of legal categorization, valued as much for what it excluded as for what it protected, became a rallying cry for a social movement in the middle decades of the twentieth century.

Pilar Margarita Hernández Escontrías Ph.D., Anthropology, Northwestern University

Research Interests: anthropology of law, colonialism, critical race theory, Latin American social theory, citizenship, capitalism. Research is situated at the intersection of material studies and legal studies and seeks to unpack the daily material processes that constructed a form of emergent citizenship in early colonial Latin América which was raced and gendered.

Current ABF ProjectThe Future of Latinos in the United States: Law, Opportunity, and MobilityPlease refer to Rachel F. Moran’s entry for project description.

Elizabeth L. Murphy M.A., Sociology, University of Illinois, Chicago

Research Interests: jury decision making; ways to assist courts in optimizing jury trials.

Current ABF ProjectBuilding on the Arizona Filming Project (with Shari Seidman Diamond and Mary R. Rose)Please refer to Shari Seidman Diamond’s entry for project description.

Research Faculty

www.americanbarfoundation.org • 2016 Annual Report 31

Selected PublicationsBernadette Atuahene • “Dignity Takings and Dignity Restoration: Creating a New

Theoretical Framework for Understanding Involuntary Property Loss and the Remedies Required,” 41 Law & Social Inquiry 796 (2016)

• “Takings as a Sociolegal Concept: An Interdisciplinary Examination of Involuntary Property Loss 12 Annual Review of Law & Social Science 171 (2016)

• “Stategraft” (with T. Hodge) (forthcoming 2016)

Ellen Berrey• The Enigma of Diversity: The Language of Race and the Limits

of Racial Justice (University of Chicago Press, 2015)

Traci Burch• “Organizations and the Democratic Representation of

Interests: What Happens When Those Organizations Have No Members?” (with H. E. Brady, P. Edward Jones, K. Lehman Schlozman, S. Verba & H. Young You) 13 Perspectives on Politics 1017 (2015)

• “Political Equality and the Criminal Justice System,” in C. Klofstad, ed., New Advances in the Study of Civic Voluntarism: Resources, Engagement, and Recruitment (Temple University Press, 2016)

• “Review of The First Civil Right by Naomi Murakawa,” The Forum (2016)

John L. Comaroff • Chinese edition of Rules and Processes: The Cultural Logic of

Dispute in an African Context (with S.A. Roberts) (University of Chicago Press, 1981) (Shanghai Jiao Tong University Press, 2016)

• The Truth About Crime: Sovereignty, Knowledge, Social Order (with J. Comaroff) (University of Chicago Press, 2016)

• Editor (with J. Comaroff), Chiefship, the Customary and Capital in Contemporary Africa (University of Chicago Press, forthcoming)

• “‘Anthropologists are Talking’: About Anthropology and Post-Apartheid South Africa” (with J. Comaroff), in S. Bangstad & T. Hylland Eriksen, eds., Anthropology in Our Times (Palgrave MacMillan, 2016)

• “La détection divine: le crime et la métaphysique du désorde,” 13 Cahiers D’Anthrologie Sociale 94 (2016)

• “Nations With/out Borders: Neoliberalism and the Problem of Belonging in Africa, and Beyond” (with J. Comaroff), in S. Randeria, ed., Border Crossings: Grenzverschiebungen und Grenzüberschreitungen in einer globalisierten Welt (Zürcher Hochschulforum, 2016)

• “Cattle, Currencies, and the Politics of Commensuration on a Colonial Frontier” (with J. Comaroff), in W. Adebanwi, ed., Beyond the Margins: The Political Economy of Everyday Life in Africa (James Currey, forthcoming)

• “Colonialism,” (with J. Comaroff) in A. Masquelier & G. Desai, eds., Critical Terms for the Study of Africa (University of Chicago Press, forthcoming)

Stephen Daniels • “Where Have All the Cases Gone? The Strange Success

of Tort Reform Revisited” (with J. Martin), 65 Emory Law Journal 1445 (2016)

Shari Seidman Diamond• “Cage v. Louisiana and Reasonable Doubt,” in D. Bakrokar,

ed., Common Law Decisions on Trial by Jury: Judgments and Scholarly Reactions (in press, 2016)

• “Race and Jury Selection: The Pernicious Effects of Backstrikes” (with J. Kaiser), 59 Howard Law Journal 705 (2016)

• Editor (with A. Harfuch), Las Múltiples Dimensiones del Juicio por Jurado: Studios Sobre el Comportamiento del Jurado (The Many Dimensions of trial by Jury: Studies of Jury Behavior) (Ad Hoc Publishers, 2016)

• “Increasing Jury Representativeness” (with Hon. W. Caprathe, P. Hannaford-Agor & S. Loquvam), 55 Judges’ Journal 16 (2016)

• “The Cases for and Against Blindfolding the Jury,” in C.T. Robertson & A.S. Kesselheim, eds., Blinding as a Solution to Bias: Strengthening Biomedical Science, Forensic Science, and Law (Academic Press, 2016)

• “The Decisionmaking Process of the Jury” (“El Proceso de Toma del Decisión del Jurado”) (with M. Rose & B. Murphy), in G. Letner & L. Pineyro, eds., Ii Congreso Internacional de Juricio Por Jurados (2015)

Ronit Dinovitzer• Editor (with S. Headworth, R. Nelson, & D. Wilkins),

Diversity in Practice (Cambridge University Press, 2016) • “Early Legal Careers in Comparative Context: Evidence

from Canada and the United States” (with M. Dawe), 23 International Journal of the Legal Profession 83 (2016)

• “The Changing Landscape of Corporate Legal Practice: An Empirical Study of Lawyers in Large Corporate Law Firms” (with H. Gunz & S. Gunz), 93 Canadian Bar Review 343 (2015)

• “Immigrant Offspring in the Legal Profession: Exploring the Effects of Immigrant Status on Earnings among American lawyers” (with M. Dawe), in R. Dinovitzer, S. Headworth, R. Nelson & D. Wilkins, eds., Diversity in Practice (Cambridge University Press, 2016)

Bryant G. Garth • “‘Lords of the Dance’ as Double Agents: Elite Actors In

and Around the Legal Field” (with Y. Dezalay), 3 Journal of Professions and Organizations 188 (2016)

• “Brazil and the Field of Socio-Legal Studies: Globalization, the Hegemony of the US, the Place of Law, and Elite Reproduction,” 3 Revista de Estudos Empíricos em Direito/Brazilian Journal of Empirical Legal Studies 12 (2016)

• “Constructing a Transatlantic Marketplace of Disputes on the Symbolic Foundations of International Justice” (with Y. Dezalay), in G. Mallard & J. Sgard, eds., Contractual Knowledge: One Hundred Years of Legal Experimentation in Global Markets (Cambridge University Press, 2016)

32 American Bar Foundation • www.americanbarfoundation.org

Selected Publications• “Some Realism About Realism in Teaching About the Legal

Profession” (with A. Southworth & C. Fisk), in S. Macaulay, E. Mertz, & T. Mitchell, eds., The New Legal Realism, Vol. 1: Translating Law-and-Society for Today’s Legal Practice (Cambridge University Press, 2016)

• “Introduction: New Legal Realism at Ten Years and Beyond” (with E. Mertz), University of California-Irvine Law Review (forthcoming)

• “Corporate Lawyers in Emerging Markets,” 12 Annual Review of Law and Social Science 441 (2016)

• “The Florence Access-to-Justice Project in Law and in Context: Mauro Cappelletti as Importer, Exporter, and Academic Entrepreneur,” Annuario di diritto comparato (forthcoming)

• “‘Legal Theory,’ Strategies of Learned Production, and the Relatively Weak Autonomy of the Subfield of Learned Law” (with Y. Dezalay), in J. Desautels-Stein & C. Tomlins, eds., Cambridge Companion to Contemporary Legal Thought (Cambridge University Press, forthcoming 2016)

• “Reflexive Sociology and International Political Economy” (with Y. Dezalay), in P. Bilgin, X. Guillaume & M. Salter, eds., Handbook of International Political Sociology (Routledge, 2017)

• “Lawyers in South and East Asia” (with Y. Dezalay), in C. Antons, ed., Routledge Handbook of Asian Law Chapter 7 (Routledge, forthcoming 2016)

Tom Ginsburg • Editor (with Aziz Huq), Assessing Constitutional Performance

(Cambridge University Press, 2016)• “The Interaction of Domestic and International Law,”

in E. Kontorovich & F. Parisi, eds., Economic Analysis of International Law (Edward Elgar, 2016)

• “Special Economic Zones: A Constitutional Political Economy Perspective,” in J. Basedow & T. Kono, eds., Special Economic Zones: Experiments in Local Deregulation (Mohr Siebeck, 2016)

• “How to Study Constitution-Making: Hirschl, Elster and the Seventh Inning Problem,” 96 Boston U.L. Review 1347 (2016)

• “On the Influence of Magna Carta and Other Cultural Relics” (with Z. Elkins & J. Melton), 47 International Review of Law and Economics 3 (2016)

• “The Assault on Postcommunist Courts” (with B. Bugaric), 27 Journal of Democracy 69 (2016)

• “Measuring the Rule of Law: A Comparison of Indicators” (with M. Versteeg), Law & Social Inquiry (forthcoming 2017)

• “Setting an Agenda for the Socio-Legal Study of Contemporary Buddhism” (with B. Schonthal), 3 Asian Journal of Law and Society 16

Nicole Gonzalez Van Cleve• Crook County: Racism and Injustice in America’s Largest

Criminal Court (Stanford University Press, 2016)

John Hagan • “The Theory of Legal Cynicism and Sunni Insurgent Violence

in Post-Invasion Iraq” (with J. Kaiser & A. Hanson), 81 American Sociological Review 316 (2016)

• “Mass Incarceration, Parental Imprisonment, and the Great Recession: Intergenerational Sources of Severe Deprivation in America” (with H. Foster), 1 Russell Sage Foundation Journal of the Social Sciences 80 (2015)

• “International Courts in Atypical Political Environments: The Interplay of Prosecutorial Strategy, Evidence, and Court Authority in International Law” (with R. Levi & S. Dezalay), 79 Law & Contemporary Problems 289 (2016)

• “Maternal and Paternal Imprisonment and Children’s Social Exclusion in Adulthood” (with Holly Foster), 105 Journal of Criminal Law and Criminology 387 (2016)

• “The Militarization of Mass Incarceration and Torture During the Sunni Insurgency and American Occupation of Iraq” (with A. Hanson), 5 Social Sciences 78 (2016)

• “Pursuit of Justice and the Victims of War in Bosnia and Herzegovina: An Exploratory Study” (with S. Kutnjak Ivkovich), 65 Crime, Law and Social Change 1 (2016)

• “Depressive Symptoms and the Salience of Job Satisfaction over the Life Course of Professionals” (with G. Plickert and F. Kay), 31 Advances in Life Course Research 22 (forthcoming 2017)

• “International Criminal Tribunals: Prosecutorial Strategies in Atypical Political Environments” (with R. Levi & S. Dezalay), in K. Alter, L. Helfer & M. Rask Madsen, eds., International Court Authority (Oxford University Press, forthcoming)

• “White Collar Crimes of the Financial Crisis” (with S. Headworth), in S. Van Slyke, M. Benson & F. Cullen, eds., Oxford Handbook of White Collar Crime (Oxford University Press, 2016)

• “A Separate Peace: Explaining War, Crime, Violence and Security During the Surge in Iraq,” in F. Neubacher & N. Bogelein, eds., Krise-Kriminalitat-Kriminologie (Verlag, 2016)

Terence Halliday• Criminal Defense in China: The Politics of Lawyers Work

(with S. Liu) (Cambridge University Press, 2016)• Global Legislators: How International Organizations Make

Trade Law for The World (with S. Block-Lieb) (Cambridge University Press, forthcoming 2017)

• “Less Is More in International Private Law” (with S. Block-Lieb), Festschrift in Honour of Professor Ian Fletcher QC (2015)

• “Time and Temporality in Global Governance and Lawmaking,” in Global Regulation and Governance (Australian National University Press, forthcoming)

• “Contracts and Private Law in the Emerging Ecology of International Lawmaking” (with S. Block-Lieb), in G. Mallard & J. Sgard, eds., Contractual Knowledge: A Hundred Years of Legal Experimentation in Global Markets (Cambridge University Press, 2016)

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James J. Heckman • “Creating Flourishing Lives: The Formation of Capabilities

and Skills” (with C. Chase), Amartya Sen Lecture, 17 Journal of Human Development and Capabilities 342 (2016)

• “Decomposing Trends in Inequality in Earnings into Forecastable and Uncertain Components” (with F. Cunha), 34 Journal of Labor Economics S31 (2016)

• “Dynamic Treatment Effects,” (with J.E. Humphries & G. Veramendi), 191 Journal of Econometrics, 276 (2016)

• “The Scandinavian Fantasy: The Sources of Intergenerational Mobility in Denmark and the US” (with R. Landersø), 118 Scandinavian Journal of Economics, 794 (2016)

• “Intergenerational Long Term Effects of Preschool: Structural Estimates from a Discrete Dynamic Programming Model” (with L. Raut), 191 Journal of Econometrics, 164 (2016)

• “The Effects of Two Influential Early Childhood Interventions on Health and Healthy Behaviors” (with G. Conti & R. Pinto), 126 Economic Journal F28 (2016)

• “Early Education Programs and Skill Development in the US” (S. Elango, J.L. García & A. Hojman), in R. Moffitt, ed., Means-tested Transfer Programs in the United States II (University of Chicago Press, forthcoming)

• “Symposium on Child Development and Parental Investment: Introduction” (with M. Francesconi), 126 Economic Journal, Special Issue on Child Development and Parental Investment F1 (forthcoming)

• “Returns to Education: The Causal Effects of Education on Earnings, Health and Smoking” (with J.E. Humphries & G. Veramendi), Journal of Political Economy (forthcoming)

• “Inequality in Human Capital and Endogenous Credit Constraints” (with R. Hai), Review of Economic Dynamics (forthcoming)

• “Unordered Monotonicity” (with R. Pinto), Econometrica (forthcoming)

Carol A. Heimer • “Colonizing the Clinic: The Adventures of Law in HIV

Treatment and Research” (with J.N. Morse), in H. Klug & S. Merry, eds., Studying Law Globally: New Legal Realist Perspectives (Cambridge University Press, 2016)

John P. Heinz• Editor (with A. Heinz), Women, Work, and Worship, in

Lincoln’s Country—The Dumville Family Letters (University of Illinois Press, 2016)

Bonnie Honig• “The Politics of Public Things” ΠAPOIKEΩ (Paroikeo),

issue II (in tandem with Πλάνητες (planites) exhibition) (forthcoming 2018)

• “Legal Unconsciousness: Tragedy and Melodrama in the Wake of Terror,” in W. MacNeil, ed., Envisioning Legality: Law, Culture and Representation (Routledge, forthcoming 2017)

• “Judith Butler’s Jewish Modernity” (with J. Ackerman), in I. Zyrtel, ed., Makers of Jewish Modernity (Princeton, 2016)

• “Between Nuremberg and Jerusalem: Hannah Arendt’s Tikkun Olam” (with A. Azoulay), 27 differences 48 (2016)

• “What Kind of Thing is Land? Hannah Arendt’s Object Relations, or: A Jewish Reading of Arendt’s most ‘Greek’ Text,’” 44 Political Theory 307 (2016)

Steven D. Levitt • Pensez comme un freak ! : l’économie déjantée fait travailler vos

méninges (with S. Dubner), (De Boeck Superieur, 2016)• “Engaging Parents in Parent Engagement Programs” (with

J. List, R. Metcalfe & S. Sadoff), Society for Research on Educational Effectiveness (2016)

• “Bagels and donuts for sale: A case study in profit maximization,” 70 Research in Economics 518 (2016)

• “A Glimpse into the World of High Capacity Givers: Experimental Evidence from a University Capital Campaign” (with T. Levin & J. List), 22099 National Bureau of Economic Research (working paper series) (2016)

• “The Effect of Performance-Based Incentives on Educational Achievement: Evidence from a Randomized Experiment” (with J. List & S. Sadoff), 22107 National Bureau of Economic Research (working paper series) (2016)

• “Quantity discounts on a virtual good: The results of a massive pricing experiment at King Digital Entertainment,” (with J. List, S. Neckermann, & David Nelson), 113 Proceedings of the National Academy of Sciences 27 (2016)

• “Heads Or Tails: The Impact of a Coin Toss on Major Life Decisions and Subsequent Happiness,” 22487 National Bureau of Economic Research (working paper series) (2016)

• “Using Big Data to Estimate Consumer Surplus: The Case of Uber” (with P. Cohen, R. Hahn, J. Hall, & R. Metcalfe), 22627 National Bureau of Economic Research (working paper series) (2016)

Sida Liu• Criminal Defense in China: The Politics of Lawyers Work (with

T. Halliday) (Cambridge University Press, 2016)• “The Ecology of Organizational Growth: Chinese Law Firms

in the Age of Globalization” (with H. Wu), 122 American Journal of Sociology 798 (2016)

• “Mapping the Ecology of China’s Corporate Legal Sector: Globalization and Its Impact on Lawyers and Society” (with D. Trubek & D. Wilkins), 3 Asian Journal of Law and Society 273 (2016)

• “Field and Ecology” (with M. Emirbayer), 34 Sociological Theory 62 (2016)

Ajay K. Mehrotra • “Fiscal Forearms: Taxation as the Lifeblood of the Modern

Liberal State,” in K. Morgan & A. Orloff, eds., The Many Hands of the State: Theorizing the Complexities of Political Authority and Social Control (Cambridge University Press, forthcoming 2017)

A full list of publications is available on the ABF website, under each faculty profile.

www.americanbarfoundation.org/faculty/faculty-profiles.html

34 American Bar Foundation • www.americanbarfoundation.org

Selected Publications• “Corporate Taxation and the Regulation of Early Twentieth-

Century American Business” (with S. Bank), in N. Lamoreaux & W. Novak, eds., Corporations and American Democracy (Harvard University Press, forthcoming 2017)

• “From Contested Concept to Cornerstone of Administrative Practice: Social Learning and the Early History of U.S. Tax Withholding” (symposium on “Reforming the IRS”), 7 Columbia Journal of Tax Law 144 (2016)

• “The Curious Beginnings of the Capital Gains Tax Preference” (with Julia C. Ott) (symposium on “We Are What We Tax), 84 Fordham Law Review 2517 (2016)

• “A Bridge Between: Law and the New Intellectual Histories of Capitalism” (symposium on “Opportunities for Law’s Intellectual History), 64 Buffalo Law Review 1 (2016)

Elizabeth Mertz • Editor (with S. Macaulay & T. Mitchell), The New Legal

Realism, Vol 1: Translating Law-and-Society for Today’s Legal Practice

• Editor (with H. Klug & S. Engle Merry), The New Legal Realism, Vol. 2: Studying Law Globally

• “Introduction—New Legal Realism: Law and Social Science in the New Millennium, “ in S. Macaulay, E. Mertz & T. Mitchell, eds., The New Legal Realism: Translating Law-and-Society for Today’s Legal Practice

• “Combining Methods for a New Synthesis in Law and Empirical Research” (with K. Barnes), in S. Macaulay, E. Mertz & T. Mitchell, eds., The New Legal Realism: Translating Law-and-Society for Today’s Legal Practice

• Editor (with W. Ford & G. Matoesian), Translating the Social World for Law: Linguistic Tools for a New Legal Realism (Oxford University Press, 2016)

• “‘Can You Get There from Here?’ Law and Social Science in Translation,” in G. Matoesian, E. Mertz & W. Ford, eds., Translating the Social World for Law: Linguistic Tools for a New Legal Realism (Oxford University Press, 2016)

• “Introduction: Translating Law and Social Science” (with W. Ford), in G. Matoesian, E. Mertz & W. Ford, eds., Translating the Social World for Law: Linguistic Tools for a New Legal Realism (Oxford University Press, 2016)

• “Introduction: New Legal Realism at Ten Years and Beyond” (with B. Garth), University of California-Irvine Law Review (forthcoming)

Rachel F. Moran• “The Constitution of Opportunity: Democratic Equality,

Economic Inequality, and the Right to Education,” in K. Jenkins Robinson & C. Ogletree, eds., The Road to Progress: The Case for a U.S. Education Amendment (forthcoming 2017)

• “City on a Hill: The Democratic Promise of Higher Education,” 6 UC Irvine Law Review (forthcoming 2017)

• “Michael Olivas: On Being a Trailblazer Instead of an Eagle Scout,” in E. Roman, ed., Accidental Historian: The Michael Olivas Reader (forthcoming 2017)

• “Race-Conscious Admissions Policies Face More Tests after ‘Fisher’” (with M. Yudof), 62 Chronicle of Higher Education A27 (2016)

• “The Future of Latinos in the United States: Law, Opportunity, and Mobility” (with R. Nelson and P. Escontrías), The Professional Lawyer (forthcoming 2017)

Janice Nadler• “Expressive Law, Social Norms, and Social Groups,” 42 Law

& Social Inquiry (forthcoming 2017)• “Social Psychology and the Law” (with P. Mueller), in

F. Parisi, ed., Oxford Handbook of Law and Economics (Oxford University Press, forthcoming)

Robert L. Nelson• Rights on Trial: How Workplace Discrimination Law Perpetuates

Inequality (with E. Berrey & L.B. Nielsen), (University of Chicago Press, forthcoming)

• Editor (with S. Headworth, R. Dinovitzer & D. Wilkins), Diversity in Practice: Race, Class, and Gender in Legal and Professional Careers (Cambridge University Press, 2016)

• “What We Know and Need to Know about ‘Access to Justice’ Research” (with E. Chambliss & R. Newman Knake), 67 South Carolina Law Review 193 (2016)

• Editor (with E. Chambliss & R. Newman Knake), Symposium on Future of Legal Services, 67 South Carolina Law Review (2016)

• “Introduction” (with S. Headworth), in R. Dinovitzer, S. Headworth, R. Nelson & D. Wilkins, eds., Diversity in Practice: Race, Class, and Gender in Elite Legal and Professional Careers (Cambridge University Press, 2016)

• “Race and Representation: Racial Disparities in Legal Representation for Employment Civil Rights Plaintiffs” (with A. Myrick & L.B. Nielsen), in S. Estricher & J. Radice, eds., Beyond Elite Law: Access to Civil Justice in America (Cambridge University Press, 2016)

Laura Beth Nielsen• Rights on Trial: How Workplace Discrimination Law Perpetuates

Inequality (with E. Berry & R. Nelson), (University of Chicago Press, forthcoming 2017)

• “Race and Representation: Racial Disparities in Legal Representation for Employment Civil Rights Plaintiffs” (with A. Myrick & R. Nelson), in S. Estricher & J. Radice, eds., Beyond Elite Law: Access to Civil Justice in America (Cambridge University Press, 2016)

Jothie Rajah• “Legal Discourse,” in J. Flowerdew & J. Richardson, eds.,

Handbook of Critical Discourse Studies (Routledge, forthcoming 2017)

• “Law as Record: the Death of Osama bin Laden,” 13 No Foundations: An Interdisciplinary Journal of Law and Justice 45 (2016)

www.americanbarfoundation.org • 2016 Annual Report 35

A full list of publications is available on the ABF website, under each faculty profile.

www.americanbarfoundation.org/faculty/faculty-profiles.html

Justin Richland• “Paths in the Wilderness? The Politics of Hopi Religious

Freedom on Hopitutskwa,” Maryland Journal of International Law (forthcoming)

• “On Perpetuity: Law, Tradition, Juris-diction,” In R. Provost, ed. Culture in the Domains of Law (Cambridge University Press, forthcoming)

• “Routine Exceptionality: The Plenary Power Doctrine, Immigrants, and the Indigenous under US Law” (with S. Coutin & V. Fortin), Immigration and Nationality Law Review (reprint) (forthcoming)

• “Dignity as (Self-) Determination: Hopi Sovereignty in the Face of US Dispossessions,” 41 Law & Social Inquiry 917

• “Introduction to Tribal Legal Studies, 3rd Edition” (with S. Deer), Tribal Legal Studies, Vol. 1. (Alta Mira Press, 2015)

Rebecca L. Sandefur• “A experiência pública do Direito: pesquisas de larga escala

sobre problemas litigiosos e política de Acesso à Justiça” (“Large-Scale Surveys of Justiciable Problems: Public Experience of the Law and Access to Justice Policy”) (with P. Pleasence & N. J. Balmer), in L.S. Ferraz, ed., Acesso à Justiça (Access to Justice) (Evocati Publishers, forthcoming)

• “Commentary on Carroll Seron’s Presidential Address: Embrace Disciplinarity and Talk Across It,” 50 Law and Society Review 34 (2016)

• “Apples and Oranges: An International Comparison of the Public’s Experience of Justiciable Problems and the Methodological Issues Affecting Comparative Study” (with P. Pleasence & N. Balmer), 13 Journal of Empirical Legal Studies 50 (2016)

• “Designing the Competition: A Future of Roles Beyond Lawyers? The Case of the USA” (with T. Clarke), 67 Hastings Law Journal 1467 (2016)

• “What We Know and Need to Know about the Legal Needs of the Public,” 67 University of South Carolina Law Review 443 (2016)

Christopher W. Schmidt • The Sit-Ins: Protest, Law, and Social Change (University of

Chicago Press, forthcoming 2017)• “Legal History and the Problem of the Long Civil Rights

Movement” (review essay), 41 Law & Social Inquiry 1081 (2016)

• “‘The Civilizing Hand of Law’: Defending the Legal Process in the Civil Rights Era” in A. Sarat, ed., Rhetorical Process and Legal Judgments (Cambridge University Press, 2016)

• “On Doctrinal Confusion: The Case of the State Action Doctrine,” v2016 BYU Law Review 575 (2016)

• “The Natural-Born Citizen Clause, Popular Constitutionalism, and Ted Cruz’s Eligibility Question” (with M. Bodie), 84 George Washington Law Review Arguendo 36 (2016)

• “The Civil Rights-Civil Liberties Divide,” 12 Stanford Journal of Civil Rights & Civil Liberties 1 (2016)

• “Beyond Backlash: Conservatism and the Civil Rights Movement,” 56 American Journal of Legal History 179 (2016)

Susan P. Shapiro• “Standing in Another’s Shoes: How Agents

Make Life-and- Death Decisions for Their Principals,” 30 Academy of Management Perspectives 404 (2016)

Victoria Saker Woeste • “Capitalism and Agriculture: The Fate of American

Democracy,” in P. Hagler Minter, ed., Essays in Honor of Charles W. McCurdy (University of Virginia Press, forthcoming 2018)

Christopher L. Tomlins • Editor (with M. Dubber), Oxford Handbook of Historical Legal

Research (Oxford University Press, forthcoming) • Editor (with J. Desautels-Stein), Searching for Contemporary

Legal Thought (Cambridge University Press, forthcoming) • “Why Law’s Objects Do Not Disappear: On History as

Remainder,” in A. Philippopoulos-Mihalopoulos, ed., The Routledge Research Handbook of Law & Theory (Routledge, forthcoming)

• “Looking for Law in The Confessions of Nat Turner,” in M. Constable, L. Volpp & B. Wagner, eds., Looking for Law in all the Wrong Places (Townsend Center Law and Humanities Strategic Working Group volume) (Fordham University Press, forthcoming)

• “The Work of Death: Massacre and Retribution in Southampton County, Virginia, August 1831,” in J. Nichols & A. Swiffen, eds., Cruel and Unusual: Studies of Legal Violence (Routledge, forthcoming)

• “Of Origin: Toward a History of Contemporary Legal Thought” in J. Desautels-Stein & C. Tomlins, eds., Searching for Contemporary Legal Thought (Cambridge University Press, forthcoming)

• “Introduction: Searching for Contemporary Legal Thought—History, Image, Structure” (with J. Desautels-Stein), in J. Desautels-Stein & C. Tomlins, eds., Searching for Contemporary Legal Thought (Cambridge University Press, forthcoming)

• “Afterword: Contemporary Legal Thought As …” (with J. Desautels-Stein), for J. Desautels-Stein and C. Tomlins, eds., Searching for Contemporary Legal Thought (Cambridge University Press, forthcoming)

• “‘Be Operational or Disappear’: Thoughts on a Present Discontent,” 12 Annual Review of Law and Social Science 1 (2016)

• “Historicism and Materiality in Legal Theory,” in M. Del Mar & M. Lobban, eds., Law in Theory and History: New Essays on a Neglected Dialogue (Hart Publishing, 2016)

• “Debt, Death, and Redemption: Toward a Soterial-Legal History of the Turner Rebellion,” in D. Cowan & D. Wincott, eds., Exploring the Legal in Socio-Legal Studies (Palgrave-Macmillan, 2016)

36 American Bar Foundation • www.americanbarfoundation.org

ABF PublicationsLaw & Social Inquiry Editorial PolicyLaw & Social Inquiry is a quarterly, interdisciplinary, peer-reviewed scholarly journal of international standing in law and the social sciences. Contributors include law and sociology professors, social scientists, and lawyers. LSI examines pressing sociolegal issues across multiple disciplines, including anthropology, criminology, economics, history, law, philosophy, political science, sociology and social psychology. Recent LSI articles have been awarded numerous distinctions, among them the prestigious Law & Society Article Prize.

Submitted manuscripts are reviewed by the editorial committee and then sent out to expert scholars in a double blind peer review process. LSI also regularly features symposia, or a series of manuscripts centered on a specific socio-legal theme. In addition to its high quality of original research,

LSI is widely known for its review essays. Review essays are article-length treatments of a book or group of books that situate them within their greater intellectual context and engage with relevant discourse, focusing on the bigger questions the books evoke. Each issue of the journal also includes “Book Notes” that present brief descriptions of twenty or thirty recently published books of interest to those working in the field of law or the social sciences. LSI also holds an annual student paper competition for graduate and law students, which includes a monetary prize and publication of the winning paper. LSI’s mission is to publish the best sociolegal scholarship from around the world. ABF scholars play a critical role in achieving this goal through their service as editors, peer reviewers, and authors.

Researching LawResearching Law: An ABF Update is a quarterly newsletter designed to acquaint a wide audience with the research activities of the American Bar Foundation. The articles that appear in this publication present the findings of ABF projects in a concise, nontechnical format but in sufficient length to convey the full flavor of the research reported on. The topics covered in 2016 include: The Fellows CLE Seminar: “The Future of Latinos in the United States: Law, Opportunity, and Mobility,” “ABF Professor Terence Halliday Presents at World Bank Panel on Money Laundering,” “2016 Conference of the Research Group on Legal Diversity: Metrics, Diversity, and Law,” and “Opening Doors to Inquiry: The 2016 Summer Research Diversity Fellowship.” The newsletter is distributed to a wide audience, including the Fellows of the American Bar Foundation, policy makers, libraries, foundations, government agencies, and media outlets. Issues are also posted on the ABF website and may be downloaded: americanbarfoundation.org/publications/researchinglaw.html.

EditorsThe Editor-in-Chief of Law & Social Inquiry is Christopher Schmidt. Howard Erlanger of the University of Wisconsin at Madison Law School is the review section editor. John Hagan, Amanda Hughett, Janice Nadler, Matthew Shaw, and Victoria Saker Woeste are currently serving as the journal’s associate editors. Willa Sachs serves as the Editorial Coordinator.

ContentsContents of Volume 41 (2016) of Law & Social Inquiry, as well as past issues, may be viewed on LSI’s Wiley-Blackwell website: www.blackwellpublishing.com/LSI, which can also be reached through http://ABFN.org/LSI. LSI also offers authors advance online publication using Early View on the Wiley Online Library.

www.americanbarfoundation.org • 2016 Annual Report 37

Recent Major Media Coverage and Faculty Op-Eds

• “For Tenants in Housing Court, Study Finds ‘Navigators’ Can Be Good Alternatives to Lawyers,” Rebecca Sandefur interviewed, WNYC, December 13, 2016

• “Unrepresented Civil Litigants Fare Better With Nonlawyers, Study Shows,” (Rebecca Sandefur’s Roles Beyond Lawyers study) The Wall Street Journal, December 13, 2016

• “How Investing In Preschool Beats The Stock Market, Hands Down,” James Heckman interviewed, NPR, December 12, 2016

• Analysis: Constitutional Implications of the Trump Administration,” (Op-Ed, Tom Ginsburg) The International Association of Constitutional Law (IACL-AIDC), November 2016

• Prison Reforms Can Have Positive Impact on Kids, Expert Says,” (John Hagan parental incarceration research), Omaha World-Herald, October 26, 2016

• “13th,” John Hagan interviewed, Netflix, October 24, 2016

• “Heavy Lies the Crown,” Tom Ginsburg article, Foreign Policy, October 14, 2016

• “Duke Professor to Author Book on Inequality and Law,” (Laura Edwards’ ABF research project, Only the Clothes on Her Back: Women, Textiles, and State Formation in the Nineteenth Century) Bloomberg BNA, October 14, 2016

• “Captive Lives,” (John Hagan’s parental incarceration research) San Francisco Chronicle, September 16, 2016

• “Detroit’s Tax Foreclosures Indefensible,” (Op-Ed, Bernadette Atuahene) Detroit Free Press, September 1, 2016

• Los Derechos de los Estudiantes Indocumentados en Chicago, Matthew Shaw Interviewed, Univision Chicago, August 24, 2016

• “Week of TV Trials in China Signals New Phase in Attack on Rights,” (Terence Halliday and Sida Liu’s ongoing research China and human rights) New York Times, August 5, 2016

• “Notable Lawyer’s ‘Disappearance’ Exposes China’s Hate of Religious Freedom,” (Op-Ed, Terence Halliday), Christian Post, July 13, 2016

• “The Story Behind the Black Lawyers Matter Slogan and Why You Should Believe It,” (Employment Discrimination study) Rolling Out, July 12, 2016

• “Black Activists Hope Killings Prompt More Action from Whites,” Matthew Shaw interviewed, Associated Press, July 9, 2016

• “Chicago’s Criminal Court System as Flawed as Its Police,” (Op-Ed, Nicole Gonzalez Van Cleve) Crain’s Chicago Business, June 14, 2016

• “ ‘Crook County’ Author: Judicial System Stacked Against Blacks, Latinos,” Nicole Van Cleve interview, NBC News, May 9, 2016

• “Chicago’s Racist Cops and Racist Courts,” (Op-Ed, Nicole Gonzalez Van Cleve) New York Times, April 14, 2016

• “Debt, Diversity and Job Prospects After Law School Are Focus of Research Grants,” (Task Force on the Financing of Legal Education research) National Law Journal, April 5, 2016

• “The Intersection of Law and Social Science with Ajay Mehrotra,” Ajay K. Mehrotra interviewed, Legal Talk Network, March 24, 2016

• “Where are China’s Human Rights Lawyers?” (Terence Halliday’s ongoing research on China and human rights) Al Jazeera, February 29, 2016

• “After Scalia: A More Collegial Court?” (Op-Ed, Tom Ginsburg), The Huffington Post, February 15, 2016

• “Letter from International Legal Community Condemns Arrests of Chinese Lawyers,” (Terence Halliday’s ongoing research on China and human rights) ABA Journal, January 25, 2016

• “China Must End Its Intimidation and Detention of Human Rights Lawyers,” Terence Halliday letter, The Guardian, January 18, 2016

Two legal navigators discuss a case with a litigant in the Brooklyn Housing Court. ©Steve Remich, the Wall Street Journal

38 American Bar Foundation • www.americanbarfoundation.org

Liaison Research Services Program

For decades, the ABF has focused on providing useful research to the organized bar through the dissemination of research findings and through conducting specific research projects. The ABF Liaison Research Services Program was developed to bring the research expertise of the Foundation to the work of the bar. From time to time, the ABF collaborates with ABA entities on specific research initiatives. For instance, the ABF has recently completed a project with the ABA Commission on the Future of Legal Services on which ABF Director Emeritus Robert L. Nelson served as Special Advisor. The Commission’s report, “The Future of Legal Services in the United States,” was published by the ABA

in 2016. In addition, Nelson and the ABF collaborated with the ABA Commission on Women in the Profession on a study to address the question of whether women are playing lead roles on litigation matters at the same rate as men. The report on the research, published as “First Chairs at Trial: More Women Need Seats at the Table” was a representative survey of the positions of male and female lawyers practicing

in litigation. In another recently completed project, the ABF joined with the ABA Center for Racial and Ethnic Diversity and the Law School Admission Council to develop a diversity databook, “Landscape of Legal Diversity: By the Numbers.” Finally, ABF researchers continue to provide substantive advice and expertise through consultation and participation with bar leaders and organizations. Research faculty members serve on various committees, provide specific research findings, and contribute articles to publications. These efforts support the goal of the ABF to enhance the public’s understanding of law, legal institutions, and legal processes.

www.americanbarfoundation.org • 2016 Annual Report 39

Montgomery Summer Research Diversity Fellowships in Law and Social Science for Undergraduate Students

2016 marked the twenty-ninth summer the American Bar Foundation has hosted four outstanding undergraduate students as Montgomery Summer Research Diversity Fellows. The fellowship program offers students, who are selected from across the country in a highly competitive application process, the opportunity to explore the field of sociolegal research and observe law practice in the private and public sector. Since 1988, 118 undergraduates have participated in the program.

The summer program is supported in part by the Kenneth F. and Harle G. Montgomery Foundation, the Solon E. Summerfield Foundation, and the National Science Foundation. In 2016 the program was also supported by generous grants from the Law School Admission Council and AT&T.

2016 Summer Research Diversity Fellows: • Bara Ahmad, a native of Chicago, Illinois is

a senior at Georgia State University where she is majoring in Political Science with a concentration in pre-law. During her time at ABF, Bara worked with ABF Research Professor John Hagan on identifying locations and types of terrorism in Iraq.

• Francesca Hidalgo-Wohlleben is from Cedar Rapids, Iowa, and is a senior at Claremont McKenna College (CMC), majoring in Philosophy, Politics & Economics (PPE). Francesa spent her summer at the ABF working with ABF Research Professor and Director Emeritus Robert Nelson on the research project, “The Futures of Latinos in the United States: Law, Opportunity, and Mobility.”

• Kavya Rallabhandi, a native of Palmerston North, New Zealand, is a senior at American University, majoring in Economics and minoring in International Relations. Kavya spent the summer working alongside ABF Director and Research Professor Ajay Mehrotra conducting research to support his comparative fiscal history project and with ABF Research Professor Victoria Saker Woeste on a project exploring the legal origins of the Westboro Baptist Church.

• Daniella Zessoules, from Beverly, Massachusetts, is a senior at the University of Massachusetts Amherst majoring in Economics and Political Science with a particular interest in American politics, economic policy, and gender, race, and health care inequality. Daniella worked with ABF Research Professor Elizabeth Mertz on the research project, “The Language of Law Professors: In Their Own Voices,” helping review and analyze autobiographical writings by law professors. Additionally, she helped write literature reviews about legal education.

• The 2016 Montgomery Summer Research Diversity Fellows. Left to Right: Francesca Hidalgo-Wohlleben, Daniella Zessoules, Bara Ahmad, and Kavya Rallabhandi

• Hon. Sophia H. Hall speaking with the 2016 Fellows

40 American Bar Foundation • www.americanbarfoundation.org

Doctoral Fellowship Programs

For almost a decade, the ABF has sponsored two fellowships for social science doctoral candidates with research focuses in legal studies: the Law and Social Sciences Dissertation Fellowship and the ABF Doctoral Fellowship. Both fellowships are held in residence in Chicago at the ABF and offer fellows the opportunity to engage with the ABF’s intellectual community, gain feedback on scholarly and professional projects in workshop settings, and utilize ABF resources toward academic goals. Fellows receive valuable mentorship from ABF Research Faculty members and a generous stipend to help complete dissertation projects as well as fund research and conference travel. Past fellows have built on their experiences at the ABF to go on to promising careers in tenure-track university positions and as legal professionals. The Law and Social Sciences Dissertation Fellowship and Mentoring Program, funded in part by the National Science Foundation and the Law and Society Association (LSA), is a two-year fellowship. It is open to third, fourth, and fifth year Ph.D. candidates in social science and/or interdisciplinary programs whose research interests focus on questions of law and equality. The ABF Doctoral Fellowship is a one-year fellowship open to Ph.D. students in social science programs who have completed all doctoral requirements except for the dissertation. The fellowship is broad in scope and welcomes students pursuing research on sociolegal or social scientific approaches to law, the legal profession, and/or legal institutions. This year, as in years past, a committee of ABF and LSA members selects two fellows for the Law and Social Sciences Dissertation Fellowship, and the ABF faculty at large selects one fellow for the ABF Doctoral Fellowship. More information about each fellowship and the application process can be found on the Fellowships tab of the ABF’s website.

2016 ABF Doctoral Fellows: • Amanda Hughett,

Ph.D. candidate in History at Duke University

• Ayobami Laniyonu, Ph.D. candidate in Political Science at the University of California, Los Angeles

• David McElhattan, Ph.D. candidate in Sociology at Northwestern University

• Jeffrey Omari, Ph.D. candidate in Anthropology at the University of California, Santa Cruz, J.D., University of Illinois College of Law

• Emma Shakeshaft, Ph.D. candidate in Sociology at the University of Wisconsin-Madison

• Matthew Shaw, Ph.D., Quantitative Policy Analysis in Education, Harvard University, J.D., Columbia University

ABF Doctoral Fellows (left to right): Amanda Hughett, Ayobami Laniyonu, Emma Shakeshaft, David McElhattan, Matthew Shaw, Jeffrey Omari

www.americanbarfoundation.org • 2016 Annual Report 41

Presentations at the ABF 2016• Jonathan Koehler, Northwestern University, “The

Significance of Error Rates and Proficiency Tests in the Forensic Sciences,” January 13

• ABF Seminar Faculty Panel: Stephen Daniels and Robert Nelson: “Where Have All the Cases Gone: The Strange Success of Tort Reform Revisited” (Daniels); “Representing Rights: Lawyer-Client Relationships in Employment Civil Rights Litigation” (Nelson), January 20

• Riaz Tejani, University of Illinois Springfield, “Marketing Justice: Neoliberal Access and the For-Profit Law School,” February 10

• Susannah Tahk, University of Wisconsin-Madison, “Tax-Embedded Programs and Public Opinion,” February 24

• Victor Quintanilla, Indiana University, “The Signaling Effect of Pro Se Status,” March 16

• Tonya Brito, University of Wisconsin at Madison, “Understanding the Dearth of Defense in a Civil Gideon Universe,” March 23

• Rachel Moran, University of California, Los Angeles, “City on a Hill: The Democratic Promise of Higher Education,” March 30

• Cesar Rosado Marzan, Chicago-Kent School of Law, “Arise Chicago: Building a Moral Economy for Labor Rights in the 21st Century,” April 6

• ABF Seminar Faculty Panel: Victoria Saker Woeste and Christopher Schmidt, “Cause Lawyering on the Extreme? The Strange Legal Career of the Rev. Fred W. Phelps, 1964-1990” (Woeste); “The Sit-Ins: A Legal History” (Schmidt), April 13

• Ana Aparicio, Northwestern University, “Imagining the “Illegal:” The Circulation and Uses of the Immigrant Threat Narrative,” April 20

• Susan Block-Lieb, Fordham University, “Restructuring versus Austerity: Contested Metaphors for Sovereign Debt Default and Its Resolution,” April 27

• Swethaa Ballakrishnen, Stanford University, “Doing Gender Differently: India’s Elite Professional Firms as Petri Dishes for Noveau Essentialism,” May 4

• William Novak, University of Michigan, “The Public Utility Idea and the Origins of Modern Business Regulation,” May 11

• Debut Of The 2016-17 Seminar Series: LSS Doctoral Fellows—“Police Practices and Political Participation in Marginalized Communities” (Ayobami Laniyonu); “Digital Democracy: Internet Governance and Urban Development in Rio de Janeiro, Brazil” (Jeffrey Omari), September 7

• ABF Doctoral Fellows—“Race, Law, and Family Formation in the United States: The Current Racial Discourse in Transracial Adoption Case Law (1997-2015)” (Emma Shakeshaft); “The Proliferation of Criminal History Background Checks in the Era of Mass Incarceration” (David McElhattan), September 21

• Robert Vargas, University of Notre Dame, “Wounded City: Violent Turf Wars in a Chicago Barrio,” September 28

• Thomas Saenz, Mexican American Legal Defense and Educational Fund (MALDEF), “Evenwel,” October 5

• Angela Onwuachi-Willig, University of Iowa, “From Protecting Whiteness as Property to Protecting White Spaces: The Trials of Emmett Till and Trayvon Martin,” October 12

• Bernadette Atuahene, Chicago-Kent School of Law, “Stategraft,” October 19

• Gillian Hadfield, University of Chicago, “Rules for a Flat World: Why Humans Invented Law and How to Reinvent It for a Complex Global Economy,” October 26

• Alyx Mark, North Central College, “The Micro-Democratic Consequences of Accessing Civil Legal Aid,” November 2

• Laura Edwards, Duke University, “Only the Clothes on Her Back: Women, Textiles, and State Formation in the Nineteenth Century,” November 9

• Jonathan Simon, University of California, Berkeley, “Is the US Carceral State Facing a Legitimacy Crisis?” November 16

• Keramet Reiter, “23/7: Pelican Bay Prison and the Rise of Long-Term Solitary Confinement,” University of California, Irvine, November 30

• Justin Driver, University of Chicago, Presentation on Brown v. Board of Education and its aftermath, December 7

ABF Research Professor Rachel F. Moran at her seminar presentation on March 30.

42 American Bar Foundation • www.americanbarfoundation.org

Sponsored Programs

AccessLex Institute• After the JD: Legal Careers in Transition

(Ronit Dinovitzer, Robert Nelson, Bryant Garth, and Joyce Sterling)

• Emerging and Visiting Scholars Fellowship Program in Higher Education (Ajay K. Mehrotra et al.)

• Follow up Analyses from the Work of the ABA Task Force on the Financing of Legal Education (Stephen Daniels)

Allstate Insurance Company • Fourth Conference of the Research Group

on Legal Diversity (Research Group on Legal Diversity)

American Bar Association Litigation Research Fund• Optimizing the Jury Decision-Making

Process (Shari Diamond)

American Philosophical Society• Reconstituting Civic Community: Religion,

Hate Speakers, and the Law in Modern America (Victoria Saker Woeste)

AT&T• Montgomery Summer Diversity Research

Fellowships in Law and Social Science

California Bar Foundation• The Future of Latinos: Law, Opportunity,

and Mobility, A Network for Justice Planning Summit: Creating Legal and Legislative Support for Latino Communities

California Community Foundation• The Future of Latinos: Law, Opportunity,

and Mobility, A Network for Justice Planning Summit: Creating Legal and Legislative Support for Latino Communities

Center for Advanced Study in Behavioral Sciences • Research Faculty Fellowship (Carol

Heimer)

Chicago Community Trust• The Future of Latinos in the United States:

Law, Opportunity, and Mobility Midwest Regional Roundtable

• Research and Consultation on the project “Policing and Chicago Community” Project (Robert Nelson)

• Research and Consultation on the project “Tackling Chicago’s Race Narrative”

Kirkland & Ellis• Fourth Conference of the Research Group

on Legal Diversity (Research Group on Legal Diversity)

Law School Admission Council• Montgomery Summer Diversity Research

Fellowships in Law and Social Science• After the JD: Legal Careers in Transition

(Ronit Dinovitzer, Robert Nelson, Bryant Garth, and Joyce Sterling)

• Early Post-Law School Careers of Women and Men Lawyers in U.S. and German Cities (John Hagan, Gabriele Plickert, Patricia Parker, and Hans Merkens)

• From Law School to Later Life: A 20-Year Panel Study of the Careers of Women and Men Lawyers (John Hagan, Fiona Kay, and Ronald J. Daniels)

• Senior Status, Gender, and Race in the Legal Academy (Elizabeth Mertz, Wamucii Njogu, and Carol Greenhouse)

Legal Services Corporation and Friends of Legal Services Corporation• Accessing Justice in Contemporary America

(Robert Nelson, Rebecca Sandefur)

Google Grants• Ongoing in-kind support of the American

Bar Foundation website (http://www.americanbarfoundation.org/index.html)

Harry Frank Guggenheim Foundation• Home Foreclosures and Criminal Violence

(John Hagan and Andrea Cann Chandrasekher)

Kenneth F. and Harle G. Montgomery Foundation• Montgomery Summer Diversity Research

Fellowships in Law and Social Science

The ABF research program is supported by an annual grant from the American Bar Endowment (see page2) and contributions from The Fellows of the American Bar Foundation and other supporters. The ABF also seeks grants for specific research projects and other Foundation programs from government agencies and private foundations. The following external sponsors provided support for projects over the last several years.

Microsoft Corporation• Fourth Conference of the Research Group

on Legal Diversity (Research Group on Legal Diversity)

National Association for Law Placement Foundation• After the JD: The Trajectories of Legal

Careers (Ronit Dinovitzer, Robert Nelson, Bryant Garth, Gabriele Plickert, and Joyce Sterling)

National Conference of Bar Examiners• After the JD: Legal Careers in Transition

(Ronit Dinovitzer, Robert Nelson, Bryant Garth, and Joyce Sterling)

National Science Foundation• Adolescent and Adult Lives of Children of

Parents Returning from Prison (John Hagan and Holly Foster) Same 2015 to 2016—Supplemental grant also awarded under

the NSF Research Experiences for Undergraduates Program

• The Emotional Influence of the Visual: Gruesome Photographs in the Courtrooms (Janice Nadler, with Jessica Salerno & Nicholas J. Schweitzer, ASU)

• Property and Dignity: Understanding the Illegal Occupation of Vacant Buildings in Detroit (Bernadette Atuahene)

• Workshop: Legal Education in Crisis? Bringing Researchers and Resources Together to Generate New Scientific Insights (Elizabeth Mertz)—Supplemental grant also awarded

under the NSF Research Experiences for Undergraduates Program for “Punishment Regimes and the Multi-Level Effects of Parental Imprisonment: Inter-institutional, Inter-generational and Inter-sectional Models of Inequality and Exclusion (John Hagan and Holly Foster)

• Workshop: Parental Incarceration in the United States: Bringing Together Research and Policy to Reduce Collateral Costs to Children (John Hagan)

www.americanbarfoundation.org • 2016 Annual Report 43

• Accessing Justice in Contemporary America: The Community Needs and Services Survey (Rebecca Sandefur, Robert Nelson)—Supplemental grant also awarded under

the NSF Research Experiences for Undergraduates Program

• Workshop: Access to Justice: Re-envisioning and Reinvigorating Research (Rebecca Sandefur)

• After the JD III: The Trajectories of Legal Careers (Ronit Dinovitzer, Robert Nelson, Bryant Garth, and Joyce Sterling)

• Crime, War and Wealth in Pre- and Post- Invasion Iraq (John Hagan)

• Lawyers in the Pursuit of Basic Legal Rights: Criminal Defense in China (Terence Halliday and Sida Liu)

• Local Courts and African American Life, 1865-1930 (Dylan Penningroth). Funded under the American Recovery and Reinvestment Act of 2009 (Public Law 111-5)

• Ethnicity, Inc. (John Comaroff and Jean Comaroff)

• Law and Social Science Dissertation Fellowships and Mentoring Program (Laura Beth Nielsen; joint program with the Law and Society Association)

• Punishment Regimes and the Multi-Level Effects of Parental Imprisonment: Inter-institutional, Inter-generational and Inter-sectional Models of Inequality and Exclusion (John Hagan and Holly Foster)—Supplemental grant also awarded

under the NSF Research Experiences for Undergraduates Program

Northwestern University• Fourth Conference of the Research Group

on Legal Diversity (Research Group on Legal Diversity)—Office of the Provost—Pritzker School of Law

• The Future of Latinos in the United States: Law, Opportunity, and Mobility Midwest Regional Roundtable —The Graduate School—Weinberg College of Arts and Sciences—Kellogg Graduate School of Business—Pritzker School of Law—Office of the Provost

Public Welfare Foundation• Increasing Access to Justice through

Expanded Roles Beyond Lawyers: Developing and Testing an Evaluation Framework (Rebecca Sandefur, in conjunction with the National Center on State Courts)

Robert Wood Johnson Foundation• Investigator Award in Health Policy

Research: Gatekeepers at Life’s End: Surrogate Decision-Making in Intensive Care (Susan Shapiro)

University of California, Los Angeles• The Future of Latinos: Law, Opportunity,

and Mobility, A Network for Justice Planning Summit: Creating Legal and Legislative Support for Latino Communities—School of Law—Office of the Executive Vice

Chancellor and Provost—School of Law’s David J. Epstein

Program in Public Interest Law and Policy

—César E. Chávez Department of Chicana/o Studies

—School of Law’s Critical Race Studies Program

—Chicano Studies Research Center

University of California, Davis School of Law • The Future of Latinos: Law, Opportunity,

and Mobility, A Network for Justice Planning Summit: Creating Legal and Legislative Support for Latino Communities

University of Wisconsin Law School Global Legal Studies Center• Center on Law and Globalization

Regional Colloquium on Globalization of Law, International Organizations and International Law (Terry Halliday, John Hagan, Tom Ginsburg)

Alexander Von Humboldt Foundation, TransCoop Program• Early Post-Law School Careers of Women

and Men Lawyers in U.S. and German Cities (John Hagan, Gabriele Plickert, Patricia Parker, and Hans Merkens)

World Justice Project• Rule of Law Research Partnership (Robert

Nelson, Tom Ginsburg, Jack Knight, Margaret Levi, and Beatriz Magaloni)

Mia Farrow• For in-kind support of The Center

on Law and Globalization

Research Funds The American Bar Foundation acknowledges with gratitude those individuals who continue to support its research funds.

The Robert O. Hetlage Scholarship Fund supports the participation of students and young faculty in the research programs of the American Bar Foundation, including the Summer Research Diversity Fellowship Program for undergraduate minority students, the Doctoral Fellowship Program for dissertation research, and a Young Scholars Program to support research in the first five years of an academic career.

The William Reece Smith, Jr. Research Fund advances ABF research on the topics of professionalism, pro bono legal services, and the role of the legal profession internationally to advance human rights and access to justice.

The Liz and Peter Moser Research Fund in Legal Ethics, Professional Responsibility and Access to Legal Services supports path-breaking, empirical research in the field of legal ethics, professional responsibility, and access to legal services.

44 American Bar Foundation • www.americanbarfoundation.org

The Fellows of the American Bar Foundation

Fellows ProgrammingThe Fellows CLE Research Seminar, “The Future of Latinos in the United States: Law, Opportunity and Mobility” was held in February during the ABA Midyear Meeting in San Diego. Anchored by a research presentation by Rachel F. Moran, William H. Neukom Fellows Research Chair in Diversity, American Bar Foundation and Dean Emerita and Michael J. Connell Distinguished Professor of Law, UCLA Law; Robert L. Nelson, MacCrate Research Chair in the Legal Profession, American Bar Foundation and Professor of Sociology and Law, Northwestern University; and, Luz Herrera, Assistant Dean for Clinical Education, Experiential Learning, and Public Service, UCLA Law, the panel explored the different futures of Latinos that are possible by 2050, when the Latino population is projected to account for nearly 30 percent of the nation’s population. Panelists were: R. Alexander Acosta, Chair, ABA Commission on Hispanic Legal Rights & Responsibilities and Dean, College of Law at Florida International University; Sonia Gonzales, Executive Director, California Bar Foundation; David G. Gutierrez, Professor and Academic Senate Distinguished Teacher, UC San Diego; and, Thomas A. Saenz, President and General Counsel at MALDEF (Mexican American Legal Defense and Educational Fund). The panel was moderated by Manny Medrano, Trial Lawyer and Broadcast Journalist. “The Future of Latinos in the United States” was co-sponsored by ABA Center for Racial and Ethnic Diversity, ABA Commission on Hispanic Rights & Responsibilities, ABA Commission on Immigration, ABA Commission on Racial and Ethnic Diversity in the Profession, ABA Commission on Women in the Profession, ABA Diversity & Inclusion 360 Commission, ABA Section of Civil Rights and Social Justice, ABA Young Lawyers Division, National Association of Women Judges, National Association of Women Lawyers, and National Conference of Women’s Bar Associations. In August, during the ABA Annual Meeting in San Francisco, the Fellows sponsored the CLE Research Seminar, “Civil Rights Advocacy: Past, Present and Future.” Moderated by award-winning legal historian Dylan C. Penningroth, Professor of Law and History, University of California at Berkeley and ABF Affiliated Research Professor, the panel brought together scholars and civil rights lawyers to discuss the past, present, and future of U.S. civil rights. Panelists

were: Lauren B. Edelman, Agnes Roddy Robb Professor of Law and Professor of Sociology, University of California, Berkeley; Cheryl I. Harris, Rosalinde and Arthur Gilbert Professor in Civil Rights and Civil Liberties, UCLA School of Law; Jocelyn Larkin, Executive Director, Impact Fund; and Past Co-Chair, ABA Litigation Section’s Class Actions and Derivative Suits Committee; and, Melissa Murray, Interim Dean and Professor of Law, University of California, Berkeley. “Civil Rights Advocacy: Past, Present and Future” was co-sponsored by ABA Commission on Disability Rights, ABA Commission on Racial and Ethnic Diversity in the Profession, ABA Criminal Justice Section, ABA Section of Civil Rights and Social Justice, ABA Senior Lawyers Division, and the National Association of Women Judges. The Fellows Research Advisory Committee (FRAC) works with the Director of the ABF and the officers of the Fellows to organize the Fellows Research Seminars each year and serves as a bridge between the research program of the American Bar Foundation and the profession, including the practicing bar, the judiciary, and legal education.

Fellows EventsThe Fellows events at the ABA Midyear Meeting in San Diego in February began with the Fellows Opening Reception, held at the Maritime Museum of San Diego aboard the permanently docked historic 1898 steam ferry Berkeley. Following welcoming remarks from Hon. Cara Lee Neville (Ret.), Chair of the Fellows, and Tony Patterson on behalf of the American Bar Endowment, Hon. M. Margaret McKeown introduced our musical guests, the Paula Boggs Band! The 60th Annual Fellows Awards Banquet, generously sponsored by KPMG, took place at the San Diego Natural History Museum. Lawyer, cultural historian, and author Dr. Linda Hirshman gave the keynote address. The banquet featured presentations to the following honorees:• Outstanding Service Award: Llewelyn G. Pritchard,

Esq., Seattle, Washington• Outstanding Scholar Award: Professor Kimberlé W.

Crenshaw, Los Angeles, California• Outstanding State Chair Award: Co-Chairs Barbara

J. Gislason, Esq., Fridley, Minnesota, and Hon. John R. Tunheim, Minneapolis, Minnesota

• Life Fellow Achievement Award: Selma Moidel Smith, Esq., Encino, California

The Fellows of the American Bar Foundation is an honorary organization of attorneys, judges, and legal scholars whose public and private careers have demonstrated exceptional dedication to the welfare of their communities and to the highest principles of the legal profession. Established in 1955, the Fellows encourage and support the research of the American Bar Foundation and sponsor seminar programs on topics of direct relevance to the legal profession. Membership in the Fellows is limited to one percent of the bar membership in each jurisdiction. Fellows are nominated by other Fellows, and nominations are approved by the State Chairs, Fellows Officers and ABF Board of Directors.

www.americanbarfoundation.org • 2016 Annual Report 45

During the ABA Annual Meeting in San Francisco in August, the Fellows gathered for a special evening of camaraderie and celebration at the California Historical Society for the Fellows Opening Reception. Fellows leaders made welcoming remarks including Martha Barnett, President of the American Bar Endowment. The Fellows met again the next morning for the annual Fellows Business Breakfast. The breakfast featured a fireside chat with keynote speaker William Neukom. Mr. Neukom is the founder and chief executive officer of the World Justice Project, past President of the American Bar Association, retired partner in the Seattle office of the international law firm K & L Gates, and helped establish the William H. Neukom Fellows Research Chair in Diversity and Law at the American Bar Foundation. Fellows Chair Hon. Cara Lee Neville (Ret.) recapped the work of the Fellows and the ABF during her term as chair, as well as discussed new Fellows business. In May, Fellows gathered in Rome, Italy for a special event held in cooperation with the ABA Section of International Law’s 2016 Europe Forum. Beginning with a reception generously sponsored by International Fellow Francesco Gianni and his firm, Gianni, Origoni, Grippo, Cappelli & Partners, Fellows then gathered for an exclusive dinner near the famous Trevi Fountain and Spanish Steps. Many Fellows State Chairs organized local events where Fellows heard presentations from noteworthy speakers and socialized among colleagues and friends. In April, Wisconsin Fellows gathered in Madison for a lecture from William Hubbard followed by their inaugural annual Fellows dinner. Washington, D.C. Fellows held their annual dinner in April featuring a keynote by DeMaurice Smith. The June New York Fellows Luncheon featured U.S. Attorney for the Southern District of New York Preet Bharara. Local Fellows events were also hosted in Alaska, Arizona, California, Colorado, Maryland, Missouri, Nebraska, New Jersey, New Mexico, Pennsylvania, Rhode Island, South Dakota, Utah, and Washington. Several ABF Research Professors and scholars spoke at these Fellows events.

2016–2017 Fellows Officers• Chair: Michael H. Byowitz, New York, New York• Chair-Elect: Rew R. Goodenow, Reno, Nevada• Secretary: Reginald Turner, Detroit, Michigan• Immediate Past Chair: Honorable Cara Lee Neville,

Minneapolis, Minnesota

2015–2016 Fellows Officers• Chair: Honorable Cara Lee Neville, Minneapolis,

Minnesota• Chair-Elect: Michael H. Byowitz, New York, New York• Secretary: Rew R. Goodenow, Reno, Nevada• Immediate Past Chair: Kathleen J. Hopkins, Seattle,

Washington

• Professor Kimberlé Crenshaw (center) receives the Fellows Outstanding Scholar Award

• Dr. Linda Hirshman gives the keynote address• William Neukom addresses the audience• Chair of the Fellows, Michael Byowitz, pictured with ABF Fellows

Kenneth G. Standard and Helen Williams.• UCLA School of Law Interim Dean Melissa Murray speaking

at the CLE Panel on Civil Rights • Lauren Edelman presenting at the CLE Panel on Civil Rights

46 American Bar Foundation • www.americanbarfoundation.org

Each year Life Fellows’ contributions support the innovative and influential research being done by the American Bar Foundation. This continued financial support is vital to the ABF’s work.

Life Fellow Giving Societies*A Fellow becomes a Life Fellow after completing his/her initial pledge. Giving Societies are composed of Life Fellows whose commitment to advancing justice and the understanding of law is reflected by contributions to the ABF above and beyond their initial pledge of support. Giving societies are as follows: • A Life Fellow who contributes a minimum of $250 annually will be named a Sustaining Life Fellow • A Life Fellow who contributes an aggregate of $5,000 will be named a Life Patron Fellow • A Life Fellow who contributes an aggregate of $10,000 will be named a Life Benefactor Fellow • A Life Fellow who contributes an aggregate of $25,000 will be named a Life Leadership Fellow *Changes to aggregate amounts were made in 2002.

We extend our appreciation to the many Life Leadership, Life Benefactor, Life Patron and Sustaining Life Fellows listed below who invested in the ABF between September 1, 2015 and November 30, 2016. Their generosity continues a longstanding culture of philanthropy that supports the empirical research work of the ABF.

Contributions can be pledged over a period of years. Life Fellows who contribute annually at the Sustaining Level and higher will be recognized in the ABF Annual Report, at Fellows events, and on the Fellows website. All Fellows are acknowledged in the Fellows Roster.

Life Leadership Fellows

Jacqueline Allee

Kenneth J. Burns, Jr.*

Michael H. Byowitz

Mortimer M. Caplin

David A. Collins

John J. Creedon

Ellen J. Flannery

Robert O. Hetlage*

David S. Houghton

W. Loeber Landau*

Robert MacCrate*

M. Peter Moser*

William H. Neukom

Wm. T. Robinson III

David K. Y. Tang

William F. Womble*

Joseph A. Woods, Jr.*

Charlton Dietz

Laura M. Douglas

Jerome Farris

Robert L. Geltzer, Jr.

Sheldon G. Gilman

Lynne Z. Gold-Bikin

Daniel L. Golden*

Jimmy K. Goodman

James T. Halverson

Roy A. Hammer*

Gerald J Hayes

John P. Heinz

Daniel J. Hoffheimer

Jon Hoffheimer

Michael J. Horvitz

Richard R. Howe

William C. Hubbard

Douglas A. Jacobsen

Linda A. Klein

Joseph P. Klock, Jr.

Robert C. Knuepfer, Jr.

Frances A. Koncilja

Jerry Lastelick

James B. Lee

Beverly Glenn Long*

Thomas O. Marshall*

William B. McGuire*

Robert W. Meserve*

Charles T. Stewart*

Guy M. Struve

Randolph W. Thrower*

Michael Traynor

Calvin H. Udall*

Lewis H. Van Dusen, Jr.*

David E. Van Zandt

Alvin Weiss

Donna C. Willard-Jones

William J. Williams, Jr.

William E. Willis

Peter A. Winograd

Charles Alan Wright*

Douglas R. Young

Life Patron Fellows

Samuel Adams Edward A.K. Adler Deborah A. Agosti

Gerald Aksen H. William Allen

Richard B. Allen*Myles J. Ambrose*

Alfred Appel*Susan Frelich Appleton

Joseph W. Armbrust, Jr.

Life Benefactor Fellows

Timothy Joseph Abeska

Howard J. Aibel

M. Bernard Aidinoff*

Richards D. Barger

Calvin A. Behle*

David Powers Berten

Brooksley Elizabeth Born

Timothy W. Bouch

David O. Brownwood

The Saltsburg Fund, Karen Lake Buttrey

(deceased), Donald W. Buttrey

Dan O. Callaghan

John L. Carey*

James H. Carter

Robert A. Clifford

Irwin Mark Cohen

Avern Cohn

Ira B. Coldren, Jr.*

Whitfield J. Collins*

Philip H. Corboy*

Joseph W. Cotchett

Clive S. Cummis*

Edward I. Cutler*

Edward G. O'Connor

Donald R. Osborn

Mr. and Mrs. William G. Paul

John H. Pickering*

Yvonne S. Quinn

Norman Redlich*

Hector Reichard De Cardona, Jr.

Harvey T. Reid*

Arthur & Toni Rembe Rock

Simon H. Rifkind*

Ronald S. Rolfe

Michael J. Rooney

Ellen F. Rosenblum

James B. Sales

Jonathan D. Schiller

Dennis Arnold Schoville

Charles W. Schwartz

Kathleen M. Shay

Miriam Shearing

John Sand Siffert

Chesterfield Harvey Smith*

Ezekiel Solomon AM

Larry W. Sonsini

Robert A. Stein

Walter P. Armstrong, Jr.*

E. Clarke Arnold*Clinton R. Ashford*

Morris Atlas Scott J. Atlas Alan L. Austin*

E. Osborne Ayscue, Jr.

Sylvia Bacon Gail Dyer Baker

Richard A. Barber*Curtis H. Barnette Janice Gambino

Barone Jane H. Barrett James Bartimus Philip S. Beck David J. Beck

Martin D. Beirne Brigitte Schmidt Bell Lee Rimes Benton

Gregory M. Bergman Paula E. Boggs

David Boies Wilber H. Boies

Stephen S. Bowen John P. Bracken*Steve A. Brand

Howard H. Braverman*William J. Brennan III*

Life Fellows Contributions to the American Bar Foundation

*Deceased

www.americanbarfoundation.org • 2016 Annual Report 47

Bobbe Jean Bridge Louis M. Brown*

Charles Earl Brown*Stanley M. Brown*

Peter Bubenzer Maurice R. Bullock*John T. Cabaniss

Elizabeth J. Cabraser Levin H. Campbell

Edmund N. Carpenter*John Allen Chalk, Sr.

Sandra J. Chan Alec Y. Chang

Thomas A. Clancy Ralph E. Clark, Jr.*Glenn R. Coates

John F. Cogan, Jr. William K. Cole*Richard P. Cole

Nat R. Coleman, Jr.*Roxanne Barton

Conlin David M. Cook William Thomas

Coplin, Jr. John G. Corlew

William W. Crawford*Robert J. Cunningham

Barbara A. Curran*Mattie Belle Davis*

K. A. Day John C. Deacon*

Ellen Conedera Dial Martin M. Doctoroff*Doreen D. Dodson

David S. Doty John P. Driscoll, Jr.*

Conrad B. Duberstein*George H.T. Dudley William B. Dulany M. Douglas Dunn Paul F. Eckstein

Warren W. Eginton Bernard M. Eiber*

E. Charles Eichenbaum*

Mitchell S. Eitel James J. Elacqua

Adam O. Emmerich William H. Erickson*

Robert M. Ervin*

John Haworth Harry J. Haynsworth IV Thomas Z. Hayward, Jr.

Keith A. Hebeisen Ben W. Heineman*James W. Hewitt

Robert B. Hiden, Jr. Benjamin H. Hill III

Robert F. Hill Donald B. Hilliker Jeffrey L. Hirsch John R. Holden*

Steven Lyon Holley Kathleen Joan Hopkins

Zona F. Hostetler Lawrence T. Hoyle, Jr.

W. Stell Huie I.S. Leevy Johnson Wilbur E. Johnson Justin M. Johnson Earl Johnson, Jr. Bernard Jolles

Hugh R. Jones*E. Stewart Jones, Jr.

William F. Joy Robert E. Juceam

Robert M. Kaufman Robert E. Keeton*

Stanley Keller Erin E. Kelly

David E. Keltner Ted M. Kerr

George H. Kidder*Loren Kieve

Lawrence R. King*Charles C. Kingsley Rodney O. Kittelsen*

John T. Knox Theodore A. Kolb*

William Norman Krucks William F Kuntz II Verne M. Laing*Ronald Larson

Maryanne R. Lavan Arthur W. Leibold, Jr. Thomas C. Leighton Susan B. Lindenauer

Pierce Lively*Leslie E. Lo Baugh, Jr.

Raymond S. Londa

Thomas W. Pomeroy, Jr.*

Lester M. Ponder*William Poole*

Maury B. Poscover John B. Power

Roger A. Putnam Charles J. Queenan, Jr.

Elise Rabekoff Bruce M. Ramer

Roberta Cooper Ramo Robert M. Raymer Harry M. Reasoner

Abraham Charles Reich Robert M. Rhodes

Julian C. Rice*Dorothy Comstock Riley*

James C. Rinaman David W. Robbins

Barbara Paul Robinson Nicholas A. Robinson

Harry J. Roper W. Brian Rose

William Rosenberger, Jr.*

Eric M. Roth Carmine A. Rubino

David S. Ruder Gerald L. Rushfelt

H. Richard Schumacher Charity Scott Marvin Sears Edgar T. See*

Christopher A. Seeger James M. Sibley

James R. Silkenat Woon-Wah Siu John S. Skilton

Herbert D. Sledd Don Slesnick

Marvin S. Sloman*William Reece

Smith, Jr.*David Solomon

Rayman L. Solomon Neal R. Sonnett

Richard E. Speidel*Horace E. Stacy, Jr.*

Frederick P. Stamp, Jr. Justin A. Stanley*

Haliburton Fales II*Hubert A. Farbes, Jr. Susan Beth Farmer

Sue Seibert Farnsworth Juli Farris

Robert R. Feagin III John D. Feerick and Emalie Platt FeerickJames D. Fellers*

Blair C. Fensterstock Henry L. Feuerzeig

Edward Ridley Finch, Jr.

Thomas M. Fitzpatrick Austin T. Fragomen, Jr.

Merrill R. Francis*George S. Frazza

David Charles Frederick Paul E. Freehling

Herschel H. Friday, Jr.*Donald Fried

Kathleen O'Ferrall Friedman

Victor Futter*David H. Gambrell Herbert S. Garten Stephen F. Gates

Kenneth W. Gideon*Jean and Leonard

GilbertJames H. Gilliam, Jr.*Ruth Bader Ginsburg

John A. Girardi Patricia L. Glaser

Norman Goldberger Jamie S. Gorelick

Maurice B. Graham Melanie Gray

John A. Grayson*Robert J. Grey, Jr.

Stuart Z. Grossman Michael Donwell Gunter

James T. Haight Philip M. Halpern

Gordon F. Hampton*Milton Handler*

Edward B. Hanify*John F. Harkness, Jr.

Edwin A. Harnden Harry L. Hathaway

Donald M. Hawkins*

Robert Henry Louis James E. Ludlam*

Christopher H. Lunding Graydon Dean

Luthey, Jr. Arthur W. Machen, Jr.*Amy Cashore Mariani

Lori A. Martin Judy Perry Martinez

Barbara Mendel Mayden

Robert M. McAnerney*Milford McBride, Jr.*F. Wm. McCalpin*Catherine Stevens

McClure Vincent L. McKusick Marcia M. McMurray Truman Q. McNulty*

Kurt W. Melchior Marygold Shire Melli Bernard S. Meyer*Jack B. Middleton

Robert W. Minto, Jr. James C. Mordy

W. Carloss Morris, Jr.*John H. Morrison Mary Mullarkey

Robert B. L. Murphy*Kay C. Murray

Norman H. Nachman*Joseph G. Nassif

Frank X. Neuner, Jr. John S. Nolan*

Bernard W. Nussbaum Charles A. O'Brien*

John J. Okray Jack H. Olender Adebayo Oriola John E. Osborn

Scott F. Partridge Richard Pena

Peter N. Perretti, Jr.*Roderick Norman

Petrey Hugo M. Pfaltz, Jr. Philip John Pfeiffer John D. Phillips*Vincent F. Pitta

N. Michael Plaut*Richard W. Pogue

Robert L. Stern*Joan N. Stern

Paul J. Stichler*Charles A. Storke

Sidney A. Stubbs, Jr. James M. Sturdivant

Barry Sullivan E. Thomas Sullivan

John A. Sutro*Viola J. Taliaferro

Blake Tartt*Richard B. Teitelman*

Stanley L. Temko*Joseph Thacker Richard L. Thies Lott H. Thomas

Charles M. Thompson Betty A. Thompson*

J. David Tracy Marna S. Tucker Reginald Turner

Herbert G. Underwood Allan Van Fleet

Herbert W. Vaughan*Betty M. Vitousek

Bill Wagner Wesley M. Walker*

Owen B. Walsh John Bronson Walsh

Steven T. Walther Roger E. Warin

Wilbur W. Warren III Mindee Wasserman Virginia Guild Watkin Richard C. Watters Pauline A. Weaver Martin H. Webster*W. Scott Welch III Charles I. Wellborn

H. Blair White*Paul L. Wilbert*

Bruce Lord Wilder J. Gaston Williamson*

Richard Wilmer*Phillip A. Wittmann James Jerry Wood

Donald Alan Workman Kathryn D. Wriston*

Ellen G. Yost Andrea Zopp

48 American Bar Foundation • www.americanbarfoundation.org

Sustaining Life FellowsArthur N. Abbey

Patti L. AbramsonAnn E. Acker

Cynthia Bookhart AdamsMichael A. AlbertMark H. AlcottRosemary AlitoLinda Auerbach

AllderdiceBob & Sarah

Hermann AlsdorfJohn T. Armstrong, Jr.

John Fox ArnoldStephanie Friese Aron

Charles B. Arrington, Jr.Lisa Gayle ArrowoodDavid Leon Ashford

Kim J. AskewNancy F. Atlas

Daniel F. AttridgeDel William AtwoodThomas L. Ausley

Russell James AustinSara A. Austin

Mitchell L. BachT. Maxfield BahnerBenjamin L. Bailey

David A. BailieC. Ronald Baird

Fletcher Nathaniel Baldwin, Jr.

William T. BarkerLisa Schumacher

BarkleyDeborah Ann

Browers BarnesRonald Merrill Barnes

Barry C. BarnettThomas C. Barnett, Jr.

Robert Edwin Barnhill III

Vincent John Bartolotta, Jr.

William G. BasslerFrederick J. Baumann

Leo Bearman, Jr.Nancy A. Becker

Michelle A. BehnkeHerbert J. Belgrad

Robert E. BellinLaurel G. BellowsRobert W. Bennett

Steven Alan Bennett

Joseph E. CiriglianoDavid Wright Clark

Bradley ClaryWilliam H. Clendenen, Jr.

Ronald Jay CohenAndrew Howard CohnGregory M. Cokinos

Mark D. ColleyJames W. Conrad, Jr.

Joseph Palmer ConranLeslie Larkin CooneyEdward H. CooperMargaret L. Cooper

N. Lee CooperChris S. Coutroulis

Harold CramerThomas William Cranmer

Juliett L. CrawfordBernardo M. Cremades

Richard H. CritchlowThomas F. Cullen, Jr.

Stephen J. CurleyMark W. Curnutte

Frank J. DailyHarvey P. Dale

Donald M. DalikPaul R. D'Amato

Helen Renee DavisJ. Mason Davis, Jr.

Jack DavisLeary Davis

Richard M. Davis, Jr.Theodore H. Davis, Jr.

Barbara J. DawsonBruce Ward Day

James P. DeAngeloFrancis X. DeeJames Vinson

Derrick, Jr.Clinton E. DeveauxFrancis P. Devine

Francis Daniel Dibble, Jr.A. Darby DickersonThomas A. DicksonRobert J Diehl, Jr.Bernard J. DiMuro

Michael DocktermanDale C. DoerhoffArthur Thomas

Donato, Jr.Sharon Wicks Dornfeld

Joanne R. DriscollJohn R. Dunne

Donald R. Dunner

Daniel C. GirardRosemary E. Giuliano

Donald W. GlazerH. Lee Godfrey

Richard C. GodfreyJoan L. GoldfrankStephen GoldspielBarry L. Goldstein

Ronald Kinnan GolemonRew R. Goodenow

Thomas A. GottschalkWilliam Andrew

Gowder, Jr.John Paul Graff

Mark E. GranthamSibylle Grebe

Bruce A. GreenWilliam Hadfield GreenRoger B. Greenberg

Lawrence S. GreenwaldGeorge William Gregory

Benjamin E. GriffithJanice C. Griffith

Renie Yoshida GrohlMerrick Lawrence Gross

Hurst K. GrovesAmy Collignon Gunn

Peter F. HabeinDouglas T. Hague

Sophia H. HallLeon P. Haller

Jeremiah F. HalliseyJames Hamilton

Sam and June HamraDean Hansell

Max A. HansenMarilyn J. HarburV. Burns HargisStephen Joseph

HarmelinArthur J. HarringtonJoseph Harroz, Jr.Julianne HartzellAlbert C. Harvey

Aubrey B. Harwell, Jr.Robert E. Hauberg, Jr.David J. A. Hayes, Jr.

Howell Thomas Heflin, Jr.

John J. HeldGlenn P. Hendrix

J. Michael HenniganThomas G. HenningStephen J. Herman

Morgan Ray BentleyChristopher D. Bernard

Richard O. BerndtDaniel O'Neal Bernstine

Lalit BhasinJ. Truman Bidwell, Jr.

Michael W. BienJohn W. Bissell

Donald W. BivensBruce H. Bokor

Thomas Newton BollingTom Bolt

Mary M. BonacorsiKathleen Boozang

Amelia H. BossJoseph W. Boucher

Judith Farris BowmanLisa Montpetit Brabbit

D. C. Bradford IIILyle Richard BrattonPatricia Breckenridge

Charles BridgesMitchell Brock

Steven H. BroseCharles N. BrowerWilliam H. Brown III

John G. Buchanan IIIHarold C.

Buckingham, Jr.Timothy J. Burke

Robert L. Burrus, Jr.Thomas W. BurtPeter Buscemi

Stephen D. BuschAnn E. BushmillerRichard J. Buturla

Alfred M. ButzbaughLuis A. CabassaGuido Calabresi

A. Bruce CampbellDavid M. Cantor

Jose Alberto CardenasDiana Carey

Robert M. CarlsonGary M. CarmanFrank J. CarrollJohn L. CarrollRobert M. Cary

Christine M. CastellanoWilliam H. CaudillJohn Milton CerilliBennett W. CervinJ. Michelle Childs

Jesse Choper

Louise DurfeeRoy Carlos Durling, Jr.

Marcia M. EasonPeter B. Edelman

Gerald M. EdenfieldWilliam I. Edlund

Thomas S. Edwards, Jr.Karl John Ege

Dorothy EisenbergLinda Elrod

Jo Ann EngelhardtPamela Chapman Enslen

Michael G. ErmerAllen D. Evans

Glenn Phillip FalkMarsha E. FangmeyerZachary Dean Fasman

Joseph A. FawalMichael K. Fee

Susan A. FeeneyAndrew J. FelserLucas A. FerraraJames L. FerraroJeffrey D. Fisher

Robert Michael FishmanNorman Patrick

Flanagan IIISarah Gemma Flanagan

Linda G. FlippoMichael Raye FordJames L. Forman

Don P. FosterMary Foster

Dori B. Foster-MoralesWilliam E. Fox

Rick E. FreemanKelly Frels

Sharon Nelson FreytagMichael Fricklas

Robert B. FriebergEric Jonathan FriedmanLinda Anne Friedman

Paul L. FriedmanW. Royal Furgeson, Jr.John A. Gaberino, Jr.

James GadsdenMichelle Greer Galloway

William T. GambleRichard M. GardellaLisa Atlas GenecovJames W. GewinTracy Allen GilesEdward J. Gilliss

Helen Gillmor

John N. HermesSteven A. Hirsch

Eric L. HiserJames R. Hobbs

Kay H. HodgeJennifer Bruch Hogan

Susan M. HoldenSheila S. Hollis

James J. S. HolmesAnne M. Honsa

Henry H. HopkinsJohn J. Hopkins

Lewis M. HorowitzBarbara J. HowardBarry L. Howard

Barbara Kerr HoweEdwin E. Huddleson III

Seth M. HufstedlerProcter Hug, Jr.

Karen M. HumphreysMichelle Hunter

Antonia B. IannielloJohn B. IsbisterJack B. Jacobs

Dinita Leanne JamesWilliam H. Jeffress, Jr.W. Anthony JenkinsJorge R. JimenezKile W. Johnson

Lee Best JohnsonPaul R. Johnson

F. Claiborne Johnston, Jr.

Candace M. JonesMichael Edwin Jones

James F. JordenMary Kay Kane

Robert J. KapelkeMark L. KarasikPaul A. Kastler

Melvin L. KattenJohn B. KearneyIrene M. KeeleyCharles C. KellerPeter M. KellettDennis J. KellyPatrick J. Kelly

Howard KenisonJames A. Kenney III

John A. KenneyJohn Patrick KentCameron F. KerryMichael P. KesslerPhilip J. Kessler

Life Fellows Contributions to the American Bar Foundation

www.americanbarfoundation.org • 2016 Annual Report 49

R. Steven KestnerHenry S. Keuling-Stout

Dale A. KimballMark L. Kincaid

Robert D. KlausnerRichard F. KnightJohn M. KoneckThomas E. KopilEdward F. KorenAlan W. KornbergRobert J. Krapf

Emil F. KrattPhyllis Kravitch

Jane Kreusler-WalshScott C. Krist

William F. Kroener IIIDonald J. Kunz

Stephen Thomas LaBriola

Peter V. LacoutureThomas R. Lalla, Jr.

Jane F. Langan MachThomas Ardell Larkin

Myron E. LaRoweDouglas C. Lawrence

Don LeDucWilliam F. Lee

James K. LehmanDavid F. Levi

Robert F. LewisEdward James Leyden

Jerome B. LibinMark G. Lichty

Meryl R. LiebermanEsther H. Lim

William J. Linkous, Jr.Martin Lipton

Bradford L. LivingstonEvan L. Loeffler

Deborah J. LongRobert A. LonghiGeorge T. LowyMarla J. Luckert

Thomas L. LudingtonMartin R. LueckJuanita B. Luis

Richard Charles LuisCarol Celeiro Lumpkin

Martin E. LybeckerBarbara M.G. Lynn

Ted B. Lyon, Jr.Judith N. Macaluso

Eric N. MaceyKathryn Grant Madigan

Colvin Gamble Norwood, Jr.

John E. O'Brien, Jr.Bruce E. O'ConnorJames D. O'ConnorJoseph D. O'Connor

Eric A. OesterleCharles J. OgletreeEdward P. O'Keefe

John F. OlsonJohn J. O'Malley

Katherine H. O'NeilKathryn L. Ossian

Sarah Elizabeth ParkerStephanie E. Parker

E. F. Parnell IIIDonald F. Parsons, Jr.

Jeffrey R. ParsonsJ.A. (Tony) Patterson, Jr.

Louis Robert PepeRoswell Burchard

PerkinsSandra N. Peuler

John Vance PhelpsCarter G. PhillipsIrving H. Picard

Spiwe L.A. PierceJames Pinto

R. Robert PopeoSusan Porter

Edward M. PosnerJohn Dale PowersLonnie A. Powers

William E. Powers, Jr.Anne Pramaggiore

Whayne C. Priest, Jr.Alan S. Rachlin

Richard J. RappaportDennis P. Rawlinson

Michael H. ReedPamela L. ReevesPatricia Lee Refo

Daniel ReidyDaniel A. Rezneck

Paul F. RichardHenry duPont RidgelyLauren Stiller Rikleen

James F. RillGeorge R. Ripplinger, Jr.

Nelson RoachKathryn E. B. Robb

Pamela Jane RobertsJ. Robert Robertson

R. Eric Robertson

Dwight L. SmithEdwin E. Smith

Norman Randy SmithPaul M. Smith

Selma Moidel SmithSteven L. Smith

Thomas W. SnookRodney G. Snow

Christina A. SnyderSteven Robert Sorenson

Susan S. SoussanThomas E. Spahn

Michael SpitzerRoger V. StagebergWalter K. Stapleton

Jill SteinbergMarty Steinberg

James L. StengelMargaret Deborah Stock

Mikel L. StoutMalcolm B. Street, Jr.

Lyle E. StromJohn F. Stroud, Jr.

Henry C. SuThomas M. SusmanWalter L. Sutton, Jr.Thomas P. Sweeney

Ronald J. TabakDeanell R. Tacha

Roger H. TaftJohn Anthony Tarantino

Lisa Michelle TatumStephen L. TatumHarvey Mandell

TettlebaumEdward A. Thomas

Willard B. ThompsonGeorge E. Thomsen

Richard L. ThornburghSamuel A. Thumma

Thomas Richard TinderMart Tisdal

Bradley J. B. TobenPreston

McCullough TorbertJames E. Torgerson

Mary T. TorresByron R. TraugerJohn H. TrevenaMark Logan TuftJohn E. Tull III

Mark H. Tuohey IIIDon H. TwietmeyerLynne Ann Ustach

James E. MahoodMarc J. ManderscheidFrances S. Margolis

Heman A. Marshall IIINancy Ann Martin

Charles Arthur MarvinMichael E. MassieJoseph MatthewsDiane Mauriello

Marietta Morris MaxfieldAdrianne C. MazuraKaren McAndrewDiana E McCarthyDaniel M. McClureSteve McConnico

Philip Spear McCuneGerald T. McDonald

James Frederick McKibben, Jr.

John B. McMillanJames Allen Medford

Mark MentingMichael J MestayerRichard E. Michaels

Arthur M. MichaelsonDonald M. Middlebrooks

Richard W. Millar, Jr.George Lloyd Miller

Michael M. MillerRetta A. Miller

Ronald C. MinkoffMartha L. Minow

Delmer R. MitchellKristen L. Mix

William Morris MoffetSteven F. Molo

Thomas J. MoloneyClaude D. Montgomery

James Douglas Montgomery

David C. MoodyEdward W. Moore Jr.Thurston R. Moore

Rachel F. MoranPatrick C. Morrow

Robert S. MucklestoneWilliam J. Mueller

Earl H. Munson, Jr.Linda Strite Murnane

Larry Donald Murrell, Jr.Amy Lynn NeuhardtCara Lee T. Neville

Lynn Fontaine NewsomeJohn W. Norman

Russell M. Robinson IIAngela E. RodanteJoseph J. Rodgers

William A. Rogers, Jr.Robert M. Rolfe

Jon Howard RosenHerbert M. Rosenthal

Mitchel S. RossJoseph J. Roszkowski

Robert F. RuckmanJudith RunstadWilliam Thomas

Russell, Jr.Miles N. Ruthberg

George D. RuttingerJennifer A. RymellRobert W. Sacoff

Paul H. Saint-AntoineSara P. Sandford

Steven W. SanfordGary L. SassoDiana M. SavitBarry A. Schatz

Michael L. SchlerSanford J. SchlesingerStephen W. SchlisselDavid A. Schwartz

Russell Kenneth ScottTom Scott

Richard SeaboltJon M. SebalyDavid J. Seipp

Anita Carr ShapiroFloyd ShapiroRita A. Sheffey

Myron M. SheinfeldWilliam N. Shepherd

Leopold Zangwill SherJohn A. SherrillDavid E. Shipley

Wallace E. Shipp, Jr.Martin B. Shulkin

Joel D. SiegalLewis R. Sifford

Carole SilverRichard A. Silver

George M. Simmerman, Jr.

Geraldine C. SimmonsJohn G. Simon

Sarah M. SingletonAlexander H. SlaughterThomas J. SmedinghoffThomas F. Smegal, Jr.

Amy Van HorneDonna E. Van Scoy

Palmer Gene Vance IITravis Evans Vanderpool

Frank J. VecchionePatricia Jane Villareal

Stephen F. VogelStephen R. Volk

Donald J. Volkert, Jr.J. Scott Vowell

Norman M. WaasSol Wachtler

Timothy B. Walker

Howard T. Wall III

Liza M. Walsh

Rodman Ward, Jr.

Edward G. Warin

Edward Todd Waters

Donald E. Weihl

Marilyn J. Wellington

H. Thomas Wells, Jr.

Jody R. Westby

Willis P. Whichard

Michael A. White

Patricia D. White

Elizabeth R. K. Whittenbury

Lance B. Wickman

Richard S. Wiedman

Clay R. Williams

Thomas W. Williamson, Jr.

Jeffrey Lynn Willis

Marguerite Willis

Benjamin F. Wilson

Charles B. Wolf

Travers D. Wood

Harry A. Woods, Jr.

Vicki Wright

A. James Wriston, Jr.

L. Kinvin Wroth

Scott Wulfe

James B. Young

Stephen P. Younger

Rafael X. Zahralddin-Aravena

Michael S. Zetlin

Philip Zhang

Jia Zhao

Carol Davis Zucker

Howard Zucker

Edward J. Zulkey

50 American Bar Foundation • www.americanbarfoundation.org

Cornerstone Giving SocietyThe Cornerstone Giving Society of the American Bar Foundation was created in 2013 to

acknowledge our growing family of individuals and organizations who have made contributions to the ABF outside the auspices of the Fellows of the American Bar Foundation Giving Societies.

ABF gratefully acknowledges the following individuals and organizations who have given so generously since

2013 as Cornerstone Giving Society donors.*

Anonymous

Elizabeth L. Ashley

Ellen Berrey In Honor of Robert L. Nelson

Malcolm Beyer

Bruce C. Carruthers In Honor of Robert L. Nelson

Constance C. Carter

George B. Cauthen

David W. Chapin

John L. Comaroff In Honor of Robert L. Neson

Jan Cullinan

Whitney Cunningham

Lauren B. Edelman

Robin Edwards

Virginia Furth

Bruce and Heidi Gillies

Terence Halliday

Anne W. Hetlage

Alisha Holland

Dr. and Mrs. John Holliman

Reuven J. Katz

Sida Liu In Honor of Robert L. Nelson

Ajay K. Mehrotra and Yamini Hingorani

David H. Morse

Elizabeth K. Moser

Robert L. Nelson

Laura Beth Nielsen

Rhonda B. Ogle In Memory of

Charles A. Snyder

Janet and Mark Price

Ann Ramseyer and Hugo Kapelke

Mr. and Mrs. S. Donley Ritchey

Mr. and Mrs. Harrison Robinson

Neil S. Rockind

Lawrence Rodowsky

Mary Rose In Honor of Robert L. Nelson

Elizabeth Roth

William Rowe

Robert J. Sampson In Honor of Robert L. Nelson

Morgan Scott

Susan Shapiro

Edward D. Simsarian

Sharon Veta Snyder In Honor of

Charles A. Snyder and David Veta Snyder

Joan P. Stacy In Memory of Horace E. Stacy

Jennifer Stephen

Lucinda Underwood

Susan Vazzano

David B. Wilkins In Honor of Robert L. Nelson

*Gifts or pledges received as of December 31, 2016

Cornerstone Organizations

Allstate Insurance Company

AT&T

The Bill & Melinda Gates Foundation

The California Bar Foundation

The California Community Foundation

The Chicago Community Trust

Donohue Gallagher and Woods LLP

Greenberg Traurig PA

Jenner & Block LLP

John Deere & Company Global Law Services

Kirkland & Ellis LLP

The Law School Admission Council

Leadership Council on Legal Diversity

Legal Division of Oklahoma Health Care Authority

Lorman Education Services

The Kenneth and Harle Montgomery Foundation on behalf of Bryant Garth

Microsoft Corporation

Myron M. Studner Foundation

Nelson Mullins Riley & Scarborough LLP

Northrop Grumman Corporation

Northwestern University: • Pritzker School of Law

• Kellogg School of Management • The Graduate School• Office of the Provost • Weinberg College of

Arts and Sciences

Ogletree Deakins Nash Smoak & Stewart PC

Paul Weiss Rifkind Wharton & Garrison LLP

Sidley Austin LLP Foundation

UC Davis School of Law

UCLA: • Chicano Studies Research

Center • David J. Epstein Program in Public Interest Law and Policy • Office of the Executive Vice

Chancellor and Provost • School of Law

Walmart

www.americanbarfoundation.org • 2016 Annual Report 51

PersonnelAdministrationAjay K. Mehrotra, Director Lucinda Underwood,

Director of Communications, Development, and Operations

Angelo Barone, Director of Finance (as of October 2016)

Wencia Smithen, Director of Finance (through October 2016)

Trish Roos, Manager, Administrative Services (as of August 2016)

Katherine Schultz, Manager, Administrative Services (through April 2016)

Erin Watt, Executive Assistant

Manager of Information ServicesEdgar Tuazon

IS Senior Support Specialist Nichelle Nemo

Senior Writer; Editor, Researching Law & ABF Annual ReportKatharine W. Hannaford

(through September 2016)

Grants OfficerKatharine W. Hannaford

(through September 2016)

Elisa Zizza

PublicationsWilla Sachs, Editorial

Coordinator, Law and Social Inquiry; Program Associate, Montgomery Summer Research Diversity Fellowship (as of October 2016)

Amanda Ehrhardt, Editorial Coordinator, Law and Social Inquiry &; Administrative Associate for Academic Affairs (through August 2016)

Research Support Staff Atinuke AdediranKathryn AlbrechtAlondra Almaraz-

CamachoLeila BlattDanielle BanksDeepa Das AcevedoVeronica DavilaFabiola DuranPilar EscontriasSamantha FentonAdrienne FrieSpencer Headworth Sara HelwinkJessennya HernandezNicholas HopkinsAleschia HydeSarah MalikDavid McElhattan Jeremy NeissSimone OberschmiedJason Olson

The Fellows of the American Bar FoundationKathleen D. Pace, Director of the Fellows Timothy Watson, Assistant Director of the Fellows Michelle Hodalj, Fellows Database Administrator Anna Connelly, Fellows Donor Services

Coordinator Natalie Shoop, Fellows Events Coordinator

Accounting AssistantTessie Harrell

Administrative AssociatesCheyenne Blount, Communications Associate

(as of January 2016)

Jennifer Montagne, Communications Associate (as of October 2016)

Julian Perez, Administrative Associate for Academic Affairs (as of November 2016)

Kathryn Harris, Development & Communications Associate; Program Manager, Montgomery Summer Research Diversity Fellowship (through November 2015)

Amy E. Schlueter, Administrative Associate for Development & Communications; Program Coordinator, Center on Law & Globalization (through July 2016)

ABF Administrative Staff: (standing, left to right) T. Roos, E. Watt, L. Underwood, J. Perez, J. Montagne, W. Sachs, T. Watson, A. Connelly, A. Barone, K. Pace, E. Tuazon, E. Zizza, C. Blount, A. Mehrotra, N. Shoop, M. Hodalj. Not pictured: T. Harrell, N. Nemo.

Daniel OwingsSimone RiveraMichael SabbaghMatthew SchneiderEric SeymourAri ShawConnor SteelbergMatilda StubbsArielle TolmanFrances TungIndra WechsbergAlexander Wind

52 American Bar Foundation • www.americanbarfoundation.org

PersonnelCollaborating and Affiliated Scholars Atinuke Adediran,

Northwestern UniversityEllen Berrey, University of

TorontoJames Bowers, St. John Fisher

College Henry Brady, University of

California, BerkeleyThomas M. Clarke, National

Center for State CourtsJean Comaroff, Harvard

UniversitySusan Coutin, University of

California, IrvineFlavio Cunha, Rice UniversitySarah Deer, Hamline University

School of LawJustin Desautels-Stein,

University of Colorado Law School

Sara Dezalay, Cardiff UniversityYves Dezalay, Centre National

de Recherche Scientifique, ParisMarkus Dirk Dubber, University

of TorontoMustafa Emirbarer, University

of Wisconsin-MadisonZachary Elkins, University of

Texas at Austin Stephen Engel, Bates CollegeJohn Ferejohn, New York

University School of Law Holly Foster, Texas A&M

UniversityMarco Francesconi, University

of EssexNicole Gonzalez Van Cleve,

Temple University Paula Hannaford-Agor,

National Center for State Courts

Anna Hanson, Northwestern University

Spencer Headworth, Purdue University

Richard Holden, University of New South Wales, Australia

Aziz Huq, University of Chicago Law School

Philip Edward Jones, University of Delaware

Joshua Kaiser, Northwestern University

Fiona Kay, Queens UniversitySanja Kutnjak Ivkovich,

Michigan State UniversityRasmus Landersø, Rockwool

FoundationKay Lehman Schlozman,

Boston CollegeRichard O. Lempert,

University of MichiganJoanne Martin, American

Bar EndowmentEthan Michelson, Indiana

University BloomingtonSarah Morando Lakhani,

University of California, Berkeley School of Law (J.D. candidate)

Monique Payne-Pikus, University of Texas at Austin

Rodrigo Pinto, University California, Los Angeles

Gabriele Plickert, California State Polytechnic University, Pomona

Mary R. Rose, University of Texas at Austin

Greg Shaffer, University of California, Irvine School of Law

Carole Silver, Northwestern University, Pritzker School of Law

Joyce Sterling, University of Denver, Sturm College of Law

David Thomson, University of Denver, Sturm College of Law

David M. Trubek, University of Wisconsin Law School

Sidney Verba, Harvard University

Gregory Veramendi, Arizona State University

Mila Versteeg, University of Virginia School of Law

Alaka Wali, Field Museum of Natural History

Jill Weinberg, Tufts University David B. Wilkins, Harvard

University Law SchoolHongqi Wu, China University

of Political Science and LawHye Young You, Vanderbilt

University

Research Group on Legal DiversityLeonard Bierman, Texas A&M UniversityJamillah Bowman Williams, Georgetown Law Traci Burch, Northwestern University, Politcal Science Elizabeth Chambliss, University of South Carolina School

of LawRonit Dinovitzer, ABF Faculty Fellow, University of Toronto,

SociologyBryant Garth, ABF Director Emeritus, University of California,

Irvine Elizabeth Gorman, University of Virginia, SociologyMitu Gulati, Duke University Law SchoolJohn Hagan, ABF Research Professor, Northwestern University,

Sociology and LawJohn Heinz, ABF Research Professor Emeritus, Northwestern

Law EmeritusWilliam Henderson, Indiana University Maurer School of LawJerry Kang, University of California, Los Angeles School of LawFiona Kay, Queens University, Canada, SociologyElizabeth Mertz, ABF Research Professor, University of

Wisconsin Law SchoolRobert Nelson, ABF Director, Northwestern University,

Sociology and LawShaun Ossei-Owusu, Columbia Law School, Social Inequality Monique Payne-Pickus, ABF Affiliated Scholar, University

of Texas at AustinDylan Penningroth, ABF Research Professor, University of

California, Berkeley, HistoryDamon Phillips, Columbia University, Business Gabriele Plickert, California State Polytechnic University,

Pomona Lauren Rivera, Kellogg School of ManagementMary R. Rose, University of Texas, AustinRebecca Sandefur, ABF Research Social Scientist,

University of Illinois, at Urbana-Champaign, SociologyCarroll Seron, University of California Irvine, Social EcologyCarole Silver, ABF Affiliated Scholar, Northwestern University,

Pritzker School of LawJoyce Sterling, University of Denver, Sturm College of LawAndrás Tilcsik, University of Toronto, Rotman School of

Management David Wilkins, ABF Affiliated Scholar, Harvard Law SchoolVictoria Saker Woeste, ABF Research ProfessorAlbert Yoon, University of Toronto, Faculty of Law

www.americanbarfoundation.org • 2016 Annual Report 53

Rule of Law Research Consortium, World Justice Project Benito Arrunada, University Pompeu

FabraTim Besley, London School of EconomicsNehal Bhuta, European University InstituteJuan Botero, World Justice ProjectRosa Brooks, Georgetown UniversityDavid Caron, King’s College LondonThomas Carothers, Carnegie EndowmentNick Cheesman, Australian National

UniversityYu-Chien Chang, Academica SinicaAlbert Chen, Hong Kong UniversityAdam Chilton, University of ChicagoJohn Comaroff, Harvard UniversityMariano-Florentino Cuéllar, Stanford

UniversityKevin Davis, New York UniversityLarry Diamond, Stanford UniversityBrad Epperly, University of South CarolinaJulio Faundez, University of WarwickJulio Rios Figueroa, Centro de

Investigación y Docen- cia EconómicasBryant Garth, University of California-

IrvineJames Gathii, Loyola University ChicagoTom Ginsburg, Co-Chair, University of

Chicago and American Bar FoundationJon Gould, American UniversityGillian Hadfield, University of Southern

CaliforniaJohn Hagan, Northwestern UniversityGretchen Helmke, University of RochesterSusan Hirsch, George Mason UniversityAziz Huq, University of ChicagoErik Jensen, Stanford UniversityHamid Khan, George Washington

UniversityRachel Kleinfeld, Carnegie EndowmentJack Knight, Duke UniversityTimur Kuran, Duke UniversityMargaret Levi, Stanford UniversityKaterina Linos, University of California,

BerkeleyBeatriz Magaloni, Stanford UniversityJenny Martinez, Stanford UniversityDaniel Mejia, University of Los AndesJames Melton, University College LondonSally Engle Merry, New York University

Jack Jin Gary Lee, University of California, San Diego

Sida Liu, ABF Faculty Fellow, Assistant Professor, University of Toronto

Anna-Maria Marshall, Professor, University of Illinois

Alyx Mark, Assistant Professor, North Central College

César F. Rosado Marzán, Associate Professor, IIT-Chicago Kent College of Law

Carlo A. Pedrioli, Associate Professor, Barry University School of Law

Stephen C. Nelson, Professor, Northwestern University

Russell K. Robinson, Professor, University of California, Berkeley School of Law

Robert Vargas, Assistant Professor, University of Notre Dame

Doctoral Fellows Andrew S. Baer, History, Northwestern

University, 2014-16Amanda Hughett, History, Duke

University, 2015-16Joshua Kaiser, Law and Sociology,

Northwestern University, 2016-17Ayobami Laniyonu, Political Science,

University of California, Los Angeles, 2016-17

Jeffrey Omari, Anthropology, University of California, Santa Cruz, 2016-17

David McElhattan, Sociology, Northwestern University, 2016-17

Andrea Miller, Psychology & Law, University of Minnesota, 2015-16

Emma Shakeshaft, Sociology, University of Wisconsin-Madison

Matthew Shaw, Education, Harvard University, 2015-16

Members of the Wheeler External Research Review PanelProfessor Richard Brooks, Yale Law SchoolProfessor Stewart Macaulay, University of

Wisconsin School of LawProfessor Michael McCann, Comparative

Law and Society Studies Center, University of Washington

Professor Sally Engle Merry, Department of Anthropology, New York University

Professor Jennifer Robbennolt, University of Illinois College of Law

Professor Robert Sampson (Chair), Department of Sociology, Harvard University

Cian Murphy, King’s CollegeSmoki Musaraj, Ohio University Robert Nelson, Co-Chair, American Bar

Foundation and Northwestern UniversityEric Neumayer, London School of

EconomicsRandy Peerenboom, La Trobe UniversityAparna Polavarapu, University of South

CarolinaAlejandro Ponce, Co-Chair, World

Justice ProjectJothie Rajah, American Bar FoundationAnita Ramasastry, University of

WashingtonBo Rothstein, University of GothenburgJoel Samuels, University of South CarolinaKim Lane Scheppele, Princeton UniversityDavid Shirk, University of San DiegoAndrei Shleifer, Harvard UniversitySvend-Erik Skaaning, Aarhaus UniversityGordon Smith, University of South

CarolinaKellye Testy, University of WashingtonFrancesco Trebbi, University of British

ColumbiaRenata Uitz, Central European UniversityThierry Verdier, Paris School of EconomicsMila Versteeg, University of VirginiaStefan Voigt, University of HamburgBarry Weingast, Stanford UniversityBruce Western, Harvard UniversityJennifer Widner, Princeton UniversityMichael Woolcock, World BankQianfan Zhang, Peking UniversityPeer Zumbansen, King’s College London

Visiting Scholars Leslie Abramson, Independent Scholar Swethaa S. Ballakrishnen, Postdoctoral

Associate, New York University Abu DhabiSusan Block-Lieb, Professor, Fordham

University School of LawKevin Escudero, Postdoctoral Fellow,

Brown UniversityDermot Feenan, University of Portsmouth

School of Law, United KingdomHolly Foster, Associate Professor, Texas

A&M UniversityErika George, Professor, S.J. Quinney

College of Law, University of UtahIan Hurd, Professor, Northwestern

University

54 American Bar Foundation • www.americanbarfoundation.org

August 31, 2016 August 31, 2015

Assets

Cash and cash equivalents $974,802 $464,091

Long-term investments 22,577,108 22,211,263

Receivables and other 588,891 138,280

Prepaid expenses 11,689 18,578

Property and equipment 126,407 160,760

Total Assets $24,278,898 $22,992,972

Liabilities

Accounts payable and other accrued expenses 543,805 402,187

Deferred revenues 141,125 1,000

Deferred rent liability 403,214 503,924

Pension liability 1,508,145 1,118,108

Total Liabilities 2,596,289 2,025,219

Net Assets

Unrestricted 14,520,514 14,297,198

Temporarily restricted 3,268,642 2,799,752

Permanently restricted 3,893,453 3,870,802

Total Net Assets 21,682,609 20,967,753

Total Liabilities and Net Assets $24,278,898 $22,992,972

Notes:These financial statements were abstracted from the Foundation's August 31, 2016 financial statements which were audited by Plante & Moran, PLLC.

Statement of Financial PositionFiscal Years Ended August 31, 2016 and 2015

Financial Report 2015–2016

www.americanbarfoundation.org • 2016 Annual Report 55

Notes:These financial statements were abstracted from the Foundation's August 31, 2016 financial statements which were audited by Plante & Moran, PLLC.

August 31, 2016 August 31, 2015

Revenue – Unrestricted in FY

American Bar Endowment grant $3,247,417 $3,012,372

The Fellows of the American Bar Foundation 1,896,493 1,751,060

ABF Endowment annual spending allowance 1,253,726 1,099,613

National Science Foundation grants 189,569 114,892

Other grants, contributions and support 272,129 181,763

Total Revenues $6,859,333 $6,159,700

Expenses

Research activities 3,496,374 3,511,864

Fellows’ services (net of event revenue) 595,865 546,529

Law & Social Inquiry 160,885 103,341

Liaison research 1,591 6,028

Academic affairs and fellowships 307,681 207,834

Development and fundraising 403,863 390,788

Administration and facilities 1,487,619 1,323,331

Pension expense 432,564 79,201

Total Expenses $6,886,444 6,168,906

Results from Operations – Unrestricted in FY (27,111) (9,206)

Statement of ActivitiesFiscal Years Ended August 31, 2016 and 2015

56 American Bar Foundation • www.americanbarfoundation.org

FY 2015–2016American Bar Foundation Research Projects

15% Law and Globalization

12% Legal Profession/ Legal Education

18% Criminal Justice

16% Access to Justice

21% Law and Diversity

18% Other Research Programs

Allocation of Funding

Robert MacCrate Robert (Bob) MacCrate, Life Leadership Fellow and former President of the American Bar Foundation, American Bar Association, and New York State Bar Association, died on April 6, 2016 in Plandome, N.Y. at the age of 94. Bob MacCrate was a hero in many ways: to his country, to his profession, and, not least, to the American Bar Foundation. After serving with the U.S. Navy, Bob earned a law degree from Harvard University. He joined the Manhattan-based law firm Sullivan & Cromwell in 1948, becoming partner in 1956. From 1959-1962, he was general counsel to New York Governor Nelson Rockefeller. In 1969 Bob was appointed special civilian counsel to the Department of the Army during its investigation of the 1968 My Lai Massacre in South Vietnam, traveling to South Vietnam, visiting the site of massacre and interviewing eyewitnesses. From 1972-73, Bob served as president of the New York State Bar Association. He served as president of the American Bar Association from 1987-88. As ABA president, his landmark achievements included the creation of Commission on Women in the Profession and serving as Chair of the ABA Task Force on Law Schools and the Profession. The Task Force’s report, often referred to as The MacCrate Report, is considered an invaluable resource for modern legal education. Bob sat on the Board of the American Bar Foundation from 1987-1998 and served as our president from 1996-1998. During his tenure as ABF President, Bob initiated the first long-range planning initiative for the organization, delivering the task force report in 1996. In many ways, the task force Bob convened twenty years ago anticipated the opportunities and challenges the ABF faces today: a commitment to a residential research faculty, growing our body of scholars in number and in disciplines, and the commitment to research projects with the greatest possible visibility and impact on our profession and our society. Bob was an early Life Leadership Fellow, founding the first endowed research chair at the ABF, the Robert and Connie MacCrate Chair in the Legal Profession, held by ABF Director Emeritus Robert L. Nelson since 2003. Bob’s contributions to the understanding of the legal profession and vital interdisciplinary research have had a profound and lasting impact on the ABF. His contributions to the ABF, like so many of his contributions to our system of justice, will always be honored and remembered.

In Memoriam

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