our faculty - yale university · • presented paper on “exacting lever-age: the role of...

20 summer 2017 Yale Law Report

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o The EPA cannot simply eliminate the prior commitment to controlling greenhouse gases and put in place a new pro-coal agenda. Nor can it drop air and water pollution regulations. ”

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Yale Law Report summer 2017 21

President Trump’s decision to back away from the Paris Climate Change Agreement and to pull back from the Obama Administration’s Clean Power Plan and other environmental commitments has been seen by many observers as bad news. And it is. But not quite as bad news as many fear—and there may be a silver lining in the dark clouds overhead.

First, presidents cannot undo the regulatory frame-works put in place by their predecessors with the stroke of a pen. Thus, while President Trump’s March Exec-utive Order on climate change directs the Environ-mental Protection Agency (EPA) to “review” the prior administration’s Clean Power Plan and associated greenhouse gas emissions control strategies and to “as soon as is practicable, suspend, revise, or rescind” them, any change in policy will take months or even years.

The EPA cannot simply eliminate the prior commit-ment to controlling greenhouse gases and put in place a new pro-coal agenda. Nor can it drop air and water pollution regulations. Any change in standards must go through the established regulatory process and be built upon the administrative record that emerges. In this regard, EPA cannot ignore all of the science that says the build-up of greenhouse gas emissions in the atmosphere presents a real risk. To do so would leave whatever new plan was announced vulnerable to legal challenge as “arbitrary and capricious.”

Second, President Trump will not be able to ad-vance plans that defy economic realities. Hundreds of coal-fired power plants have been shut down in the past decade— most in response to the Obama Adminis-tration’s Mercury and Air Toxics Standards (MATS). These plants will not be restarted, particularly since low-cost shale gas now represents the cheapest source of electricity in most parts of the country. Given energy market prices and the likelihood that greenhouse gas emissions in the United States will be limited at some point in the not-too-distant future, no utility will invest in new coal power plants.

Third, mayors and governors are not bound by President Trump’s withdrawal from the Paris Accord. Across the nation, hundreds of cities and a number of states have committed to the climate change action and will be moving forward with greenhouse gas emis-sions controls. For example, nine Northeastern states

are part of the Regional Greenhouse Gas Initiative (RGGI), which requires utilities to buy allowances for each ton of carbon dioxide they emit. California has put an even higher price on emis-sions. And many states are moving ahead with creative programs to im-prove energy efficiency and promote renewable power.

Fourth, hundreds of business lead-ers urged the President not to pull out of the Paris Agreement—and have sig-naled that their companies will con-tinue to treat climate change and other environmental issues as serious matters that require a thoughtful re-sponse. The President’s recent announcements seem to have had little effect on their resolve.

Simply put, President Trump faces a stark reality. Not only will few, if any, countries in the world follow his climate change lead, many decision in the United States will rebuff his direction as well.

As the difficulty of wiping out existing environmen-tal rules wholesale becomes clear, President Trump might shift gears and put forward strategies for updat-ing America’s environmental protection program that could command bipartisan support. Indeed, in my recent article, “Red Lights to Green Lights: From 20th Century Environmental Regulation to 21st Century Sustainability, in Environmental Law (April 2017), I ar-gue that America needs a revitalized approach to its air and water pollution, waste management, and cli-mate change challenges. We need a legal framework that spreads primary environmental governance au-thority across federal, state, and local levels. And we need a regulatory strategy that goes beyond telling

page 36 Ò

Green Lights: Remaking Environmental Protection for the 21st CenturyDaniel C. Esty ’86, Hillhouse Professor of Environmental Law and Policy

Professor Dan Esty ’86 participated in the 2015 U.N. Climate Change Negotiations in Paris during the twenty-first session of the Conference of the Parties (COP 21), which negotiated the Paris Agreement, the global agreement on reducing climate change originally signed by 174 countries.

FACULTY REPORTS

bruce ackermanlectuReS and addReSSeS

• Keynote Address, Venice Commis-sion, Venice, italy, “Reorganizing NATO: Europe’s Last Chance to Pre-serve Fundamental Rights,” The European Commission for Democ-racy (Venice Commission), Dec. 5, 2016

• "Britain at the Constitutional Cross-roads," British Academy, London, UK, Dec. 2, 2016

PublicationS• What is to be Done?, in Stephen

Skowronek, Stephen Engel & Bruce Ackerman eds. The Progressives' Century: Democratic Reform and Constitutional government in the United States, Yale University Press (2016)

• Reactionary Constitutional Moments: Further Thoughts on The Civil Rights Revolution, Jerusalem Rev. Legal Stud. (2016)coMMentaRY

• Mentiras de Trump Acirram Alien-ação Nos EUA, Folha de S. Paulo, Mar. 12, 2017

• If 'We Don't Win Anymore,' Why Does Trump Keep Promoting Gener-als?, L.A. Times, Mar. 1, 2017

• La Izquierda Carece de Programa Político Para el Siglo XXI, Ct-xt-esp, Feb. 15, 2017

• Der neue Nato-deal, Süddeutsche Zeitung, Jan. 9, 2017 (English transla-tion: Yale MacMillan Center, Roma-nian Translation: România Curată)

• Es ist Wirklich Ernst, Die Zeit, Dec. 15, 2016

• Britain at the Constitutional Cross-roads, Prospect, Dec. 7, 2016

• What Happens to NATO Now?, The Atlantic, Nov. 21, 2016

• Is Obama Enabling the Next Presi-dent to Launch Illegal Wars?, The Atlantic, Aug. 24, 2016; French Translation: Jus Politicum , Sept. 2, 2016

ian ayreslectuReS and addReSSeS

• The Ann F. Baum Memorial Elder Law Lecture, “Social Security Plus,” University of illinois, College of Law, Mar. 6, 2017

• “Anti-Carrots and the Power of Sunk Opportunity Costs,” Empirical Meth-ods in Legal Scholarship, UCLA, Nov. 4, 2016

• Keynote Address, “The Field-Experi-ment Challenge,” Empirical Methods in Legal Scholarship, UCLA, Nov. 5, 2016

• “An Introduction to Cognitive Behavioral Therapy,” Yale and Quin-nipiac law schools

• “Libertarian Gun Control,” Boston Yale Club, Duke Law School

• “Empirical Methods for Lawyers,” AALS Annual Meeting, San FranciscoPublicationS

• Using the False Claims Act to Rem-edy Tax Expenditure Fraud, 66 Duke L.J. 535 (2016) (with Robert Mcguire)

• Contracting for Privacy Precaution (and a Laffer Curve for Crime), 45 J. Legal Stud. 123 (2016)

• A Market Test for Bayh–Dole Patents, 102 Cornell L. Rev. 271 (2017) (with Lisa Larrimore Ouellette)

Jack M. balkinlectuReS and addReSSeS

• Panel Discussion, "Artificial Intelli-gence and the First Amendment," Future Today Summit, New York, NY, Dec. 6, 2016

• Panel Discussion, "Regulating Inter-net Companies," Council on Foreign Relations, New York, NY, Jan. 25, 2017

• "Constitutional Time," McGlinchey Lecture, Tulane Law School, New Orleans, LA, Feb. 22, 2017

• "Soylent Green is the Right to Forget your Robot is Spewing Fake News: Free Speech Theory in the 21st Cen-tury," Law in the Information Age Lecture, University of California at Davis, Davis, CA, Mar. 15, 2017PublicationS

• Obama hoped to be a transforma-tional president. He failed., Vox, Jan. 19, 2017

• Trump’s threat to democracy isn’t free speech, it’s this, CNN, Nov. 30, 2016

• Democracy and Dysfunction: An Exchange, 50 indiana L. Rev. 281 (2016) (with Sanford Levinson)

• Which Republican Constitution?, 32 Const. Comm. 31 (2016)

guido calabresilectuReS and addReSSeS

• Spoke at Workshop/Symposium on my latest book, The Future of Law and Economics, Hebrew University of Jerusalem, Faculty of Law, Jerusa-lem, israel, Dec. 19, 2016

• Delivered the Martin Buber Lecture, israel Academy of Sciences and Humanities, Jerusalem, israel, Dec. 20, 2016

• Spoke at the 50th Anniversary Cel-ebration of Monmouth Real Estate investment Corporation and UMH Properties, inc., honoring Eugene Landy ‘58, held at the New York Stock Exchange, New York, NY, Jan. 19, 2017

• Spoke at A Courtroom Conversation with Norman I. Silber, "An Outsider on the Bench: Some Personal Reflec-tions," Thurgood Marshall Court-house, New York, NY, Feb. 2, 2017

• Delivered Opening Remarks at Con-ference on "Justice Thomas: Cele-brating 25 Years on the Supreme Court," Yale Law School, New Haven, CT, Feb. 10, 2017

• Taught a Torts class at Fordham Law School as part of the “Second Circuit Day in Residence, Fordham Law School,” New York, NY, Feb. 22, 2017

Akhil Reed Amar received the Outstanding Scholar Award from the Fellows of the American Bar Foundation (ABF) at the 61st Annual Awards Reception and Banquet on Feb. 4 in Miami, Florida.

Jack Balkin discusses rules for robots in the 21st century as well as other ways law and technology should interact. WATCH here: law.yale.edu/balkin-bots


O U R FAC U LT Y

The New Yorker published a profile of Anthony Kronman that discussed his latest book, Confessions of a Born-Again Pagan, as well as the life, family, and career of the Sterling Professor of Law and former dean. “The Sage of Yale Law,” written by Joshua Rothman and published on March 16, 2017 can be ac-cessed at newyorker.com or at law.yale.edu/kronman-sage.

• Spoke at Book Celebration Discus-sion of the publication of in Praise of Litigation by Professor Alexan-dra Lahav and Economism: Bad Eco-nomics and the Rise of inequality by Professor James Kwak, University of Connecticut School of Law, Hart-ford, CT, Feb. 27, 2017

• Discussed "Life, Love, and the Law: Continuing the Conversation," with Cathleen Kaveny (Darald and Juliet Libby Professor of Law and Theology, Boston College), as part of The Judge guido Calabresi Fellowship in Law and Religion, Saint Thomas More Chapel, Yale, New Haven, CT, Mar. 5, 2017

• Delivered three lectures at the IUC (international University College), to students and to the public, Turin, italy, Mar. 21–22, 2017

• Master of Ceremonies, Joseph M. Field Fund Concert: A Yale Law School Recital, Ruttenberg Dining Hall, New Haven, CT, Mar. 29, 2017

• Delivered remarks: "Tribute to the Family," at the Sol Goldman Court-yard Dedication, Yale Law School, Apr. 4, 2017otheR PRoFeSSional highlightS

• Received Grand Award of Merit from the American Society of the italian Legions of Merit (ASiLM), “in recognition and appreciation of his great accomplishments, exceptional leadership and pursuit of italian Excellence,” New York, NY, Feb. 23, 2017

• Honored by The Foundation of the New Haven County Bar Association:

“guido and Anne Calabresi . . . for their dedicated service and contri-butions to our community,” New Haven, CT, Mar. 2, 2017

Fiona M. dohertylectuReS and addReSSeS

• Presented paper on “Exacting Lever-age: The Role of Probation in Plea Bargaining,” Vanderbilt Law School, Criminal Justice Roundtable, Nov. 12, 2016

• Presenter, Panel on Mass Probation and inequality, American Society of Criminology, Annual Meeting, Nov. 16, 2016otheR PRoFeSSional highlightS

• Board member, Focus Forward Proj-ect, a reentry initiative for federal prisoners

• Member, Criminal Justice Act Attor-ney Advisory group, U.S. Court of Appeals for the Second Circuit

Robert c. ellicksonlectuReS and addReSSeS

• Panelist, “The Regulation of Housing and of Ownership,” Séminaire univer-sité Yale, Conseil d’État, Paris, France, Mar. 10, 2017

• “How Damaging Were French Rent Controls Between 1914 and 1948?,” Department of Economics seminar, Paris 1, Paris, France, Feb. 28, 2017

• Panelist, Débat du LIEPP: Fiscalité du logément (Taxation of Housing), Laboratory for the interdisciplinary Evaluation of Public Policies, Sciences-Po, Paris, France, Feb. 2, 2017

• Respondent to James C. Scott and David D. Friedman, “Two Visions of Anarchy,” Conference at Trinity Col-lege, Hartford, CT, Nov. 14, 2016

• Panelist, “YLS Then and Now,” Class of 1966 Reunion Panel, Yale Law School Alumni Weekend, Oct. 21, 2016

• “The Hayekian Case for Affirmative government: Of Street grids, Light-houses, and Aid to the Destitute,” Twelfth Annual Friedrich A. von Hayek Lecture, Classical Liberal insti-tute at NYU School of Law, New York University School of Law, Oct. 20, 2016

leaders in the latino community gather for RoundtableYale law School hosted the American Bar Founda tion (ABF)’s Northeast Roundtable on “The Future of Latinos in the United States: Law, Oppor tunity, and Mobility,” on April 8–9, 2017. Cristina Rodríguez ’00, Leighton Homer Surbeck Professor of Law at Yale Law School, was co-organizer of the roundtable.

The event brought together leading members of the Latino community from the Northeast, including law and non-law scholars, legal advocates, com-munity activists, politicians, media representatives, foundation representatives, and emerging leaders. Questions of immigration, education, economic opportunity, and civic and political engagement were central to the conversation.

Keynote presentations were made by Professor Carmen Whalen of Williams College, Professors Douglas Massey and Amelie Constant of Princeton University, and Juan Cartagena, President and General Counsel of LatinoJustice PRLDEF.

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O U R FAC U LT Y

FACULTY REPORTS

william n. eskridge, Jr.lectuReS and addReSSeS

• Convenor and Presenter, “Marriage Equality and income Tax Exemp-tions,” Conference on Faith and Sex-uality, Yale Law School, Jan. 13-14, 2017

• “Religion and Gay Marriage: Do They Have to Be at Odds?,” University of Pittsburgh School of Law, Mar. 16, 2017 PublicationS

• Thinking Like Millennials: This Gen-eration Can Bring Civility and Toler-ance Back into American Society, Pittsburgh Post-gazette, Mar. 15, 2017 (with Mary Crossley & Robin Wilson)

• The First Marriage Cases, 1970–74, in Love Unites Us: Winning the Free-dom to Marry in America (Kevin M. Cathcart & Leslie J. gabel-Brett eds., 2016)

• Latter-Day Constitutionalism: Sexu-ality, Gender, and Mormons, 2016 U. ill. L. Rev. 1227

daniel c. estylectuReS and addReSSeS

• "10 Years of Corporate Sustainability Strategy,” 10th Annual Central Con-necticut State University global Sus-tainability Symposium, Central Con-necticut State University, New Britain, CT, Apr. 13, 2017

• "Strategy, Sustainability, and Deci-sion Making,” World Business Coun-cil on Sustainable Development Leaders Program, Yale School of Management, New Haven, CT, Mar. 7, 2017

• “Red Lights to Green Lights: From 20th Century Environmental Regula-tion to 21st Century Sustainability,” Yale School of Forestry and

Environmental Studies, New Haven, CT, Mar. 7, 2017

• “Emerging Priorities in Climate Change and geopolitics,” New Directions in Environmental Law Conference, Yale University, New Haven, CT, Feb. 25, 2017

• “Pursuing Regulatory Excellence,” The Brookings institution, Washing-ton, DC, Feb., 16, 2017

• “Materiality in Corporate Sustain-ability Metrics,” Sustainability Met-rics Workshop, Yale University, New Haven, CT, Jan. 20, 2017

• “We’re All in this Together: Building a Coalition Between Nations, States, and Cities,” C40 Mayors Summit, Mexico City, Mexico, Dec. 2, 2016

• "Climate Change & Sustainability: Emerging Norms in global gover-nance," The Jackson Institute, Yale University, New Haven, CT, Nov. 17, 2016

• “Energy, Environment, and the Econ-omy in the 21st Century,” Yale Club of New York, New York, NY, Nov. 10, 2016

• “The Future of Sustainable Investing: From individual Values to Corporate Value,” Responsible investing Sym-posium, Fordham University, New York, NY, Nov. 10, 2016

• “Clean Water in Connecticut: Chal-lenges and Realities in a Complex World," Garden Club of Hartford at the Connecticut Historical Society, Hartford, CT, Nov. 1, 2016

• “Climate Change: Are We Now on a Path to Real Decarbonization?,” Yale Law School Alumni Weekend, New Haven, CT, Oct. 22, 2016

• “From 20th Century Environmental Protection to 21st Century Sustain-ability: Evolving Law and Policy,” Dis-tinguished Visitor Lecture, Lewis and Clark Law School, Portland, OR, Oct. 19, 2016

• "The Future of Conservation in Con-necticut and Beyond,” Livingston Ripley Waterfowl Conservancy, Litchfield, CT, Oct. 16, 2016PublicationS

• Red Lights to Green Lights: From 20th Century Environmental Regula-tion to 21st Century Sustainability, Environmental Law, Apr. 2017

• The Next Four Years: The Environ-ment, Yale Alumni Magazine, Jan./Feb. 2017

bell and Moyn Join FacultyMonica bell ’09 and Samuel Moyn joined the Yale Law School faculty on July 1, 2017.

Monica Bell’s areas of expertise include poverty and welfare law, criminal justice (especially policing and reentry), housing, race and the law, qualitative empirical methods, social inequality, and law and sociology. Some of her recent work has been pub-lished in the Yale Law Journal, Law & Society Review, and the Annual Review of Law & Social Science. She previously served as a Climenko Fellow & Lecturer on Law at Harvard Law School and as a Liman Fellow at the Legal Aid Society of the District of Columbia. Bell holds degrees from Furman University (Truman Scholar), University College Dublin (Mitchell Scholar), Yale Law School, and Harvard University.

Samuel Moyn’s areas of interest include interna-tional law, human rights, the law of war, and legal thought, in both historical and current perspective. In intellectual history, he has worked on a diverse range of subjects, especially 20th-century European moral and political theory. He was previously Jeremiah Smith, Jr. Professor of Law and Professor of History at Harvard. He began his teaching career at Columbia University, where he taught for 13 years in the history department, ending as Bryce Professor of European Legal History.

Bell and Moyn join two other new faculty at the Law School, Douglas NeJaime and Marisol Orihuela ’08 (see page 35).

Bell Moyn

Dean Gerken and Professor Whitman Elected to the American Academy of Arts & Sciences

The American Academy of Arts & Sciences, one of the nation’s most pres-tigious honorary societies, has elected Dean Heather K. Gerken and Ford Foun-da tion Professor of Comparative and Foreign Law James Q. Whitman ’88 to its 2017 Class of Members.


O U R FAC U LT Y

owen M. FisslectuReS and addReSSeS

• “Tiers of Standing,” Presentation at YLS graduate Seminar, Oct. 21, 2016

• Lectures at Universidad Panameri-cana, Mexico City, Oct. 31–Nov. 3, 2016, “To Make the Constitution a Living Truth: Four Lectures on the Structural injunction” and “The The-ory of the Class Action”PublicationS

• Another Equality (Chinese transla-tion), in Public Law Research, Vol. 15 (Spring 2016), pp. 253–286

• A Confession (Chinese translation), in Peking University Lawyers, No. 78, at 15

• A War Like No Other: The Consti-tution in a Time of Terror (Span-ish translation), Marcial Pons. Jan. 2017

• Direito como Razão Pública: Pro-cesso, Jurisdição e Sociedade, Juruá Editora (Curitiba, Brazil), Mar. 2017 (in Portuguese)otheR PRoFeSSional highlightS

• Moderator, Middle East Legal Stud-ies Seminar (MELSS), Yale Law School, “Between the Human and the Divine: Sources of Order and Dis-order in the Middle East,” Jan. 3–8, 2017

• Co-director, Abdallah S. Kamel Cen-ter for the Study of islamic Law and Civilization, Yale Law School

• Co-director, Latin American Legal Studies Program (LALS), Yale Law School

James Forman, Jr.lectuReS and addReSSeS

• Keynote, "Fighting for Racial Justice in Challenging Times," St. Scholas-tica College, Duluth, MN, Nov. 15, 2016

• Keynote, Martin Luther King, Jr. Annual Lecture, Lewis and Clarke College, Portland, OR, Jan. 25, 2017

• Faculty Workshop, University of Col-orado Law School, Boulder, CO, Feb. 3, 2017

• Keynote, Justice Reinvestment Sym-posium, University of Denver Law School, CO, Feb. 2, 2017

• Keynote, Race, Policing, and Public Health Symposium, Stanford Medi-cal School, CA, Mar. 6, 2017

• Book Talk, “Locking Up Our Own: Crime and Punishment in Black America,” Columbia Law School, Apr. 12, 2017

• Book Talk, “Locking Up Our Own: Crime and Punishment in Black America,” Harvard Law School, April 13, 2017

• Lecture, “The Art of Social Change,” Harvard Law School, April 13, 2017PublicationS

• Justice Springs Eternal, N.Y. Times, March 26, 2017

heather k. gerkenlectuReS and addReSSeS

• The Jorde Lecture: “Federalism 3.0,” NYU Law School, Mar. 2017

• Distinguish Scholars-in-Residence Lecture, “Progressive Federalism: A User’s guide,” Hofstra Law School, Feb. 2017

• “Playing Cards in a Hurricane: Party Reform in an Age of Polarization,” Houston School of Law, Houston, Nov. 2016

• “The 2016 Election: Lessons Learned, Lessons Defied, and a Look to the Future,” Princeton University Alumni Association, New Haven, Oct. 2016

• The Jorde Lecture: “Federalism 3.0,” Berkeley Law School, Oct. 2016

• “Decentralization’s Democratic Pos-sibilities,” University of Chicago Law School, Oct. 2016 otheR PRoFeSSional highlightS

• Named to Advisory Board, MIT Elec-tion Data and Science Lab

• Appointed dean, Yale Law School, effective July 1, 2017

abbe R. glucklectuReS and addReSSeS

• Moderator and speaker at 2016 Yale Law School Alumni Weekend reunion panel on Health Reform, Oct. 2016

• Moderated “Shoring up the Exchanges—is the ACA in Trouble” panel, Yale Law School, Oct. 2016

• Presented article (with Nicole Huberfeld), "Federalism Under the ACA," University of Indiana Annual Health Law Conference, Nov. 2016

• "Unorthodox Civil Procedure: Mod-ern Multidistrict Litigation's Place in Textbook Understandings of Proce-dure," University of Pennsylvania Law Review Conference on the 50th Anniversary of Rule 23, Philadelphia, PA, Nov. 2016

• Speaker, spotlight panel on Associ-ate Justice Antonin Scalia’s statu-tory interpretation legacy, 2016 Fed-eralist Society Convention, Nov. 2016

• Moderator, panel on The Future of Health Reform, Yale Law School, Nov. 2016 (with former FDA Commis-sioner Peggy Hamburg and Prof. John McDonough)

• “The Future of the ACA,” Yale Medi-cal School, Dec. 2016

• "Congress, Statutory Interpretation and the Failure of Formalism,” Uni-versity of Minnesota Faculty Work-shop, Dec. 2016

• "Justice Scalia’s Unfinished Business in Statutory interpretation,” Notre Dame 2017 annual Federal Courts symposium, Feb. 2017

• Featured Speaker, National Consti-tution Center Program on the Future of the Affordable Care Act, Mar. 2017

• "Comparative Statutory Interpreta-tion," Conseil d'État-Yale Conference, Paris, Mar. 2017

• Unorthodox Civil Procedure, Colum-bia Law School, Apr. 2017PublicationS

• Goodbye, U.S. Senate, L.A. Times, Apr. 7, 2017

• America Needs to Decide: Is Health Care Something We Owe Our Citi-zens?, Vox, Mar. 18, 2017

on twitterAmy Chua@amychua Feb 6

Delighted to be dubbed “authorial godmother” of NYT #1 bestseller Hillbilly Elegy by @JDVance1t.co/w57HFtvvEc

Robert C. Ellickson (left) and Dennis Curtis (right)were panelists for the Class of 1966 Reunion’s “YLS Then and Now” event on October 21, 2016.


O U R FAC U LT Y

FACULTY REPORTS

Ecology international, Conference on U.S. History, Experience, and Pros-pects of Compulsory Licensing of Medical Patents, Washington, DC, Feb. 24, 2017

• Presentation on impact of the First Amendment on FDA’s regulation of off-label marketing, FDA Hearing on Off-Label Drug Promotion and the First Amendment, Silver Spring, MD, Nov. 9, 2016

• Panel Presentation, Executive Branch Options to Bring Down Drug Prices, Credit Suisse, Washington Perspectives Drug Pricing Confer-ence, New York, NY, Oct. 28, 2016

• Paper Presentation: “Order Without intellectual Property Law: Open Sci-ence in influenza,” University of Toronto Law School, innovation Law Workshop, Toronto, CA, Oct. 27, 2016

• Presentation on Government Patent Use, Yale Law School, Panel on Legal Causes of—and Solutions to—the Drug Price Problem, New Haven, CT, Oct. 26, 2016 PublicationS

• The TPP and Drug Prices: Not a Set-tled Matter (with Bhaven N. Sampat & Kenneth C. Shadlen), Foreign Affairs, Oct. 28, 2016

• Promotion of Drugs for Off-Label Uses: The US Food and Drug Admin-istration at a Crossroads (with Jeanie Kim), JAMA internal Medi-cine, Feb. 2017

harold hongju kohlectuReS and addReSSeS

• “Triptych’s End: A Better Approach to international Lawmaking,” Vack-etta-DLA Piper Lecture, University of illinois College of Law, Champaign-Urbana, iL, Oct. 28, 2016

• Faculty Workshop, University of Illi-nois College of Law, Champaign-Urbana, iL, Oct. 28, 2016

• “Law And Foreign Policy in the Next U.S. Administration,” University of Ottawa, Faculty of Law, Ottawa, Canada, Nov. 3, 2016

• Consent is Not Enough: Why States Must Respect the Intensity Thresh-old in Transnational Conflict, 165 U. Pa. L. Rev. 1 (2016) (with Rebecca Crootof, Daniel Hessel, Julia Shu & Sarah Weiner)

• How to Oppose Trump from Within Government, Newsweek (Jan. 2017) (with Sarah Weiner)

• Why the Spike in Civilian Casualties of U.S. Military Action?, Newsweek (Mar. 2017)

• Regular contributor to justsecurity-blog.org.otheR PRoFeSSional highlightS

• Co-hosted Conference on Weapon-izing information, Yale Law School

• Faculty Director, Yale Cyber Leader-ship Forum (Mar. 2017)

• Named to Provost's Committee on international Affairs, Yale University

• Joined www.takecareblog.com.• Appointments Committee Chair,

Yale Law School

Paul w. kahnlectuReS and addReSSeS

• “Project and System in the American Legal imagination,” Law & Humani-ties Colloquium, Cornell University, Mar. 7, 2017

• Book Talk, “Making the Case: The Art of Judicial Opinion,” by Paul Kahn, Yale Law School, Oct. 17, 2016 PublicationS

• Freedom and Method, in Rethinking Legal Scholarship: A Transatlan-tic Dialogue (Rob van gestel, Hans-W. Micklitz & Edward L. Rubin eds.) (Cambridge University Press, 2017)

amy kapczynski lectuReS and addReSSeS

• Presentation on government patent use under 28 USC 1498, Knowledge

• GOP’s Legal and Political Sabotage Crippled Obamacare, Philadelphia inquirer, Mar. 5, 2017

• Court Blocks Aetna-Humana Deal: The Mega-Mergers Meet the Trump Administration Next (with Thomas greaney), HealthAffairs Blog, Jan. 30, 2017

• Contributor, Report to the New Leadership and the American People on Social Insurance and Inequality, National Academy of Social insurance Report (Jan. 2017)

• The Politics of Medicare and Drug-Price Negotiation (with Ted Lee & greg Curfman), Health Affairs, Sept. 19 and Oct. 20, 2016 (updated)otheR PRoFeSSional highlightS

• Invited member, University of Penn-sylvania gant Consortium on Preci-sion Medicine and Cancer Policy

oona a. hathawaylectuReS and addReSSeS

• “International Law of Cyber,” Yale Cyber Leadership Forum, New Haven, CT, Mar. 2017

• 2017 Cyber Initiative Grantee Con-vening, Austin, TX, Jan. 2017

• "State and Individual Responsibility for Arms Sales and Military Assis-tance to Foreign Partners and Non-State Actors,” Advisory Committee on international Law, Department of State, Dec. 2016

• Keynote Address, YLS Doctoral Con-ference, New Haven, CT, Nov. 2016

• “The Post-9/11 Wars: International Law Challenges Facing the Next Administration,” international Law Weekend, New York, NY, Oct. 2016

• Moderated “National Security in a Turbulent World,” Yale Law School Alumni Weekend, New Haven, CT, Oct. 2016PublicationS

• Ensuring Responsibility: Common Article 1 and State Responsibility for Non-State Actors, 95 Texas L. Rev. 539 (2017) (with Emily Chertoff, Lara Domínguez, Zachary Manfredi & Peter Tzeng)

Oona Hathaway was the director of the Yale Cyber Leadership Forum, “Bridging the Divide: The Law, Technology, and Business of Cyber Security” on March 30–April 1.

Harold Hongju Koh was interviewed for a Frontline/Retro Report feature called “Forever Prison” about his efforts on behalf of Haitian refugees detained at the U.S. Naval base in Cuba after a 1991 coup in Haiti. Watch online at law.yale.edu/koh-frontline


O U R FAC U LT Y

• “Legality of Missile Strikes against Syria,” Annual Meeting of the Ameri-can Society of international Law, Washington, DC, Apr. 13, 2017PublicationS

• Triptych’s End: A Better Framework to Evaluate 21st Century Interna-tional Lawmaking, Yale L.J. Forum (Jan. 17, 2017)

• The Emerging Law of 21st Century War, 66 Emory L.J. 487 (2017)

• Blogposts on Just Security Blog: Not Illegal, But Now the Hard Part Begins, Apr. 7, 2017; The Next Four Years: A Thanksgiving Strategy, Nov. 24, 2016; National Security Legal Advice in the New Administration, Nov. 16, 2016otheR PRoFeSSional highlightS

• Inaugurated Yale Law School Rule of Law Clinic (Spring 2017 with Michael Wishnie, Hope Metcalf & Phil Spec-tor), filed numerous declarations and briefs challenging Jan. 27, 2017 and Mar. 6, 2017 immigration execu-tive orders, including Joint Declara-tion of 10 Former National Security Officials in Washington v. Trump (W.D. Wash. Feb. 5, 2017) and amicus brief of former national security offi-cials in Darweesh v. Trump, (EDNY Feb. 16, 2017), International Refugee Assistance Project v. Trump (D. Md. and 4th Circuit March 31, 2017), described at https://law.yale.edu/yls- today/news/rule-law-clinic-amicus- brief-asks-court-strike-down-revised- travel-order

• Appeared on "Hardball with Chris Matthews," MSNBC, Feb. 7, 2017

• Argued Application of the Interna-tional Convention for the Suppres-sion of the Financing of Terrorism and of the international Convention on the Elimination of All Forms of Racial Discrimination (Ukraine v. Russian Federation, international Court of Justice, Mar. 6–9, 2017, pro-visional measures granted April 19, 2017)

• Featured on Forever Prison, Front-line, PBS, available at http://www.pbs.org/wgbh/frontline/film/for-ever-prison/transcript

• Brief of Constitutional Scholars as Amici Curiae in support of Petition-ers in Hernandez v. Mesa, No. 15-118, U.S. Supreme Court, filed Dec. 8, 2016

• “Law And Foreign Policy in the Next U.S. Administration,” Center on international Policy Studies, Univer-sity of Ottawa, Ottawa, Canada, Nov. 4, 2016

• Columbia-NYU Colloquium on Inter-national Human Rights Law for Judges; greentree Estate, NY, Nov. 12, 2016

• "Storming the Court at 25: Lessons from HCC v. Sale for Student Law-yering Against Long Odds," Dec. 2, 2016

• “Preserving the International Rule of Law in the Trump Administration,” Centennial Lecture, Chicago-Kent School of Law, Jan. 31, 2017

• Faculty Workshop “A Better Approach to Treatymaking;” Chicago- Kent School of Law, Jan. 31, 2017

• “The Fate of International Law in the Trump Administration,” Rabbi Mar-shall Meyer great issues Lecture on Social Justice, Dickey Center, Dart-mouth College, Hanover, NH, Feb. 16, 2017

• Roundtable on Sub-National Jurisdic-tions in international Climate Policy, Harvard Kennedy School, Feb. 23, 2017

• LEAP Dinner, Feb. 23, 2017• “The Trump Administration and

international Law,” Lowi institute, Sydney, Australia, Mar. 16, 2017

• “The Trump Administration and international Law,” Australian National University Centre of inter-national Law and Department of Foreign Affairs and Trade, Canberra, Australia, Mar. 17, 2017

• “How the U.S. Government Copes with Transnational Litigation,” NYU Center for Transnational Litigation, Arbitration, and Commercial Law, NYU Law School, Mar. 22, 2017

• Moderator, “Litigation and Other Federal Strategies,” Bending the Arc: Stategies to Advance Democracy, Human Rights and the Rule of Law in the New Administration, Yale Law School, Mar. 25, 2017

• "The Trump Administration and international Law”: 2017 Foulston Siefkin Lecture, Washburn School of Law, Topeka, KS, Mar. 20, 2017; Fac-ulty Workshop, Washburn School of Law, Topeka, KS, Mar. 20, 2017;

• “The Politics, Law and Economics of U.S. immigration Policy,” Yale Mac-Millan Center, Yale School of Man-agement, Apr. 11, 2017

• International Advisory Panel, National University of Singapore Faculty of Law, Mar. 13–15, 2017

douglas a. kysarlectuReS and addReSSeS

• "The Public Life of Private Law: Tort Law as a Risk Regulation Mecha-nism," Judge Made Risk Regulation Conference, Utrecht University, Utrecht, Netherlands, Feb. 10, 2017

• "Are ‘They’ ‘We’?, Animal Law and Environmental Law: Building Collab-oration," Yale Law School, New Haven, CT, Nov. 5, 2016PublicationS

• The Torts Process (9th ed., Aspen Publishers, 2017) (with James A. Henderson, Jr. & Richard N. Pearson)

John h. langbeinPublic SeRvice

• Connecticut Commissioner of the National Conference of Commis-sioners on Uniform State Laws

• Attended Meeting of Joint Editorial Board on the Uniform Trust and Estate Acts, Chicago, iL, Dec. 1–2, 2016

• Attended Meetings of Drafting Committee on Divided Trust Act; Philadelphia, PA, Oct. 28–29, 2016; Bethesda, MD, Mar. 17–19, 2017

• Attended Meeting of Drafting Committee on Uniform Principal & income Act, Washington, DC, Mar. 23–25, 2017

• Attended American Bar Association, Joint Committee on Employee Benefits, government invitational Conference, Baltimore, MD, Mar. 29–31, 2017 lectuReS and addReSSeS

• Spoke on “History and Policy: Who Should Control Charitable gifts?,” NYU National Center on Philan-thropy and the Law, Conference on

on twitterHeather Gerken@GerkenHeather Mar 31

Student in my clinic described working on the first-in-the-nation challenge to the sanctuary cities order: “We are bluebooking for justice.”

Abbe Gluck discussed the ability of the president and Congress to change the Affordable Care Act, the constitutional stakes, and the next steps for health care reform at the National Constitution Center in March: law.yale.edu/gluck-rovner

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O U R FAC U LT Y

FACULTY REPORTS

Zachary d. liscow lectuReS and addReSSeS

• "Should Law Be Efficient? Law and Economics in an Age of income Inequality," and discussant for:

“Direct and Network Effects of Alter-native Business Tax Enforcement initiatives: Evidence from a Random-ized Control Experiment,” by guyton et al, National Tax Association, 190th Annual Conference on Taxa-tion, Baltimore, MD, Nov. 12, 2016

• “Do Court Mandates Change the Distribution of Taxes and Spending?: Evidence from School Finance Litiga-tion,” Conference on Empirical Legal Studies, Duke University, Nov. 18, 2016

• “Do Court Mandates Change the Distribution of Taxes and Spending?: Evidence from School Finance Litiga-tion,” Hebrew University, Law and Economics Workshop, Dec. 26, 2016

• "Innovation and Climate Law,” Uni-versity of Toronto, Tax Policy Collo-quium, Feb. 8, 2017

• "Is Efficiency Biased?," William & Mary Law School, Faculty Workshop, Mar. 30, 2017Publication

• Counter-Cyclical Bankruptcy Law: An Efficiency Argument for Employ-ment-Preserving Bankruptcy Rules, 116 Columbia L. Rev. 1461 (2016)

Yair listokinlectuReS and addReSSeS

• “Law and Macroeconomics,” Italian Law and Economics Association Annual Meeting, Turin, italy

• “Law and Macroeconomics,” Duke Law School Faculty Seminar

• “Law, Fiscal Policy and Monetary Pol-icy,” Yale Law School Faculty Seminar

“Wrestling With Donor intent,” New York, Oct. 27, 2016

• Lectured on “Public Prosecution: The Most Underdeveloped of English Legal institutions,” Selden Society of South Australia, Adelaide, South Australia, Mar. 9, 2017

• Lectured on “Absorbing South Aus-tralia’s Wills Act Dispensing Power in the United States: Emulation, Resistance, Expansion,” South Aus-tralia Branch Society of Trust & Estate Practitioners and Law Society of South Australia, Adelaide, South Australia, Mar. 10, 2017Publication

• Why the Rule in Saunders v. Vautier is Wrong, in Equity and Adminis-tration 189 (Cambridge Univ. Press, 2016) (P.g. Turner, ed.)

anika Singh lemarlectuReS and addReSSeS

• Discussion Leader, Finding Solid ground: Environmental and Land Use Dispute Resolution in Connecti-cut, The 10th Annual John A. Spe-ziale ADR Symposium, Quinnipiac University School of Law, Mar. 17, 2017

• Panelist, Zoning: How Local Deci-sions Shape Our Communities’ Futures, Partnership for Strong Com-munities, Jan. 30, 2016

• Panelist, Local Disparities, Statewide Solutions: Fixing Municipal Funding in Connecticut, Connecticut Voices for Children 15th Annual Budget Forum, Connecticut State Capitol, Jan. 26, 2016

• Moderator, Detroit: Challenges and Opportunities, Annual Conference of the Paul and Daisy Soros Fellowship for New Americans, Oct. 22, 2016

Tracey Meares Discusses Policing and Community TrustPublic trust is the greatest asset a police officer can have when it comes to keeping communities safe, and police need to rethink their role in order to improve this critical relation-ship, Tracey L. Meares told students at the Yale School of Man-agement (SOM) on March 2, 2017.

“An incredible body of research shows that how legal au-thorities treat us impacts how we see each other and how we see ourselves as citizens,” Meares said. “These laws and these relationships tell us who we are by how we are valuing the freedom of everyone.”

Meares spoke at Yale SOM as part of Convening Yale, a lecture series that brings scholars from across the Yale campus to Evans Hall to share their expertise with SOM students. In a talk titled “Police Legitimacy and Police Reform,” Meares discussed her research focusing on communities, police le-gitimacy, and legal policy.

Tracey Meares participated in a webcast on “Race and Policing: State and Local Per spectives” hosted by the Harvard T.H. Chan School of Public Health on March 27.


O U R FAC U LT Y

teresa Miguel-StearnslectuReS and addReSSeS

• Facilitated two hands-on workshops using ALLStAR Benchmarking, a new online tool created by Miguel-Stea-rns to facilitate academic law library data collection, analysis, and assess-ment, NELLCO (Law Library Consor-tium) Symposium, garden City, NY, Mar. 9–10, 2017

• “Benchmarking in Academic Law Libraries,” Meeting of the Society of Academic Law Library Directors, American Association of Law Schools (AALS), San Francisco, CA, Jan. 6, 2017

• "ALLStAR Benchmarking for Aca-demic Law Libraries, Conference on By the Numbers: Law Library Assess-ment, Law Librarians of New Eng-land (LLNE), Portland, ME, Oct. 28, 2016 otheR PRoFeSSional highlightS

• Appointed to the Editorial Board of the International Journal of Legal Information, the official publication of the international Association of Law Libraries

• Appointed to chair national search committee tasked with selecting the next Executive Director of NELLCO, the leading law library consortium of more than 100 member law libraries

• The Law Library contributed print volumes to Harvard Law School’s

“Free the Law” project with the caveat that HLS would not destruc-tively digitize the volumes

• With support from the Oscar M. Ruebhausen Fund and the Law School’s faculty of legal historians, the Law Library is a partner in the digitization of “Early State Records,” encompassing pre-statehood to mid-20th-century materials that have never before been digitized

• The Law Library co-sponsored DataRescue events on the Yale Uni-versity campus Mar. 4 and Apr. 8, 2017, as part of a national effort to locate, archive, and preserve govern-ment data

• Provost’s Standing Advisory & Appointments Committee, Yale School of Management

• Chair, Yale University Advisory Com-mittee on investor Responsibility (ACiR)

• Chair, Yale Faculty Committee on Athletics

• Chair, Board of Managers, St. Thom-as’s Day School

• Board of Directors, Yale Youth Hockey Association

tracey l. Meares lectuReS and addReSSeS

• “The Legitimacy of Policing and Citi-zenship,” William H. Leary Lecture, University of Utah S.J. Quinney Col-lege of Law, Feb. 22, 2017

• Speaker, “Police Legitimacy and Police Reform,” Convening Yale Speaker Series, Yale School of Man-agement, Mar. 2, 2017

• Commentator, Bookfest, Faculty Colloquium, University of Texas at Austin, Feb. 10, 2017

• Speaker, “Police Lawfulness and Pub-lic Security,” Law School Faculty Workshop, Florida State University College of Law, Jan. 12, 2017

• Panelist, “The Intersection of Tech-nology, Oversight, and Legitimacy in 21st Century Policing,” Cato institute, Washington, DC, Dec. 7, 2016

• Panelist, “De-Bureaucratization: Police and Prosecutors,” Democra-tizing Criminal Law Symposium, Northwestern Pritzker School of Law, Nov. 18, 2016

• Collaborator, West Midlands Police, Birmingham, England, Nov. 10–11, 2016

• Speaker, Seminar on Violence Pre-vention, John Hopkins University, Oct. 16, 2017Media and oPinion PieceS

• Race and Policing: State and Local Perspectives, The Forum, Harvard T.H. Chan School of Public Health, Mar. 27, 2017

• Move Criminal Justice Forward, REg-BLOg, Penn Program on Regulation, Mar. 6, 2017

• Honors Chair, Program Committee, 2017 American Law and Economics Association Annual Meeting, Yale Law School otheR PRoFeSSional highlightS

• Research Featured in Oxford Univer-sity Law School Business Law Blog

Jonathan R. Macey lectuReS and addReSSeS

• Presentation of paper, “Insider Trad-ing: Beyond the Personal Benefit Test,” NYU/Penn Conference on Law and Finance, Feb. 25, 2017

• Panel discussion with the Hon. Rich-ard Sullivan, SDNY, and Anjan Sahni, Partner, WilmerHale, LLP, Federalist Society and American Constitution Society Program on “insider Trading After Salman,” Mar. 22, 2017 PublicationS

• A Public Choice Approach to the Unequal Treatment of Securities Market Participants and Home Bor-rowers, 3 Russell Sage Foundation Journal of the Social Sciences 94 (2017)

• As IPOs Decline, The Market is Becoming More Elitist, L.A. Times, Jan. 10, 2017

• Corporations: The Short-Termism Debate, Panel Transcript from 2014 National Lawyers Convention: Mil-lennials, Equity and the Rule of Law, 85 Mississippi L.J. 697, 711–714 inter alia (2016)

• In Defense of Athletics, Yale Daily News, Nov. 18, 2016

• Obama’s Pitch to Ban Non-Compete Agreements Would Make the Rich Richer, Fortune Magazine, Nov. 3, 2016 otheR PRoFeSSional highlightS

• Guest Contributor, Harvard Corpo-rate governance Blog

• Member, Bipartisan Policy Center (BPC) Financial Regulatory Reform initiative’s Working group on Capi-tal Markets

• Member Economic Advisory Board, Financial industry Regulatory Authority (FiNRA)

In a study published in the journal Advances in Political Psychology,

“Science Curiosity and Political Information Processing,” a Yale research team led by Dan Kahan found that people who are curious about science are less polarized in their views on contentious issues than less-curious peers.

“It’s a well-established finding that most people prefer to read or other wise be exposed to information that fits rather than challenges their political preconcep-tions,” said Kahan.

“This is called the echo-chamber effect.”


O U R FAC U LT Y

FACULTY REPORTS

• Spoke on the movie Cider House Rules at the New York Historical Society, Feb. 17, 2017

• Spoke on “Roe: Forty Years Later” at the New York Historical Society, Feb. 18, 2017

• Addressed the National Student Symposium of The Federalist Soci-ety at Columbia Law School on Free Speech and the University, Mar. 4, 2017

• Addressed the Conseil d'État on “Freedom of Speech and google Spain,” Paris, France, Mar. 11, 2017

• Delivered the Charles Knowlton Law & Liberal Arts Lecture, at the Univer-sity of South Carolina, Mar. 24, 2017PublicationS

• RFRA and First Amendment Free-dom of Expression, 125 Yale L.J. Forum 387 (2016)

• Schluss mit den Schönfärbereien (with Christine Landfried), Frank-furter Allgemeine Zeitung (Mar. 12, 2017), Feuilleton, page 1

• Standing up for “So-Called” Law (with Martha Minow), Boston globe, Feb. 10, 2017

J. l. Pottenger, Jr.lectuReS and addReSSeS

• "Clinical Realism: Yale's Approach to Experiential Legal Education," Fac-ulty Workshop, University of Cape Town

• "Innovation in Clinical Legal Educa-tion Curriculum: Thoughts for South Africa," Invited Lecture, Stellenbosch UniversityotheR PRoFeSSional highlightS

• Taught Clinics' classes at University of Cape Town (UCT) and the Univer-sity of the Western Cape (UWC)

• Observed Legal Aid Clinics' classes, supervision sessions, and client meetings (on and off campus) at UCT, UWC, and Stellenbosch

• Advised administration at UCT & Stellenbosch regarding possible changes to their clinical curriculum

• Assisted Legal Resources Centre on legal and planning issues regarding proposed housing development in the Khayelitsha Township

• Holding the Federal Government in Contempt of Court: What Powers Do Judges Have Over an Administra-tion?, Just Security Blog, Mar. 2, 2017 otheR PRoFeSSional highlightS

• Nominated to be a Public Member of the Administrative Conference of the United States

Jean koh PeterslectuReS and addReSSeS

• "Inspiring Yale," available at http://www.inspiringyale.com/, student-elected Law School Speaker, Mar. 2017

Robert c. PostlectuReS and addReSSeS

• Spoke on the film Network at the New York Historical Society, Oct. 28, 2016

• Spoke on “Anger, Democracy and the Media,” at the New York Histori-cal Society, Oct. 29, 2016

• Spoke on “Freedom of Speech in the University” at Brown University in the Reaffirming University Values: Campus Dialogue and Discourse series, Nov. 14, 2016

• Spoke on “Principled or Patronizing: The Role of the University,” at a con-vening at the National Constitution Center sponsored by PEN-America, entitled, And Campus for All: Diver-sity, inclusion, and Freedom of Speech at U.S. Universities, Nov. 18, 2016

• Spoke to the Senate of Phi Beta Kappa on “Free Speech on Campus,” Dec. 2, 2016

• Spoke on “Leadership in Legal Educa-tion,” Stanford Law School, Feb. 9, 2017

John d. MorleylectuReS and addReSSeS

• Conference on the New Special Study of the Securities Markets, Columbia Law School,

“intermediaries”• University of Pennsylvania Wharton

School of Business, Legal Studies Workshop, “Too Big to Be Active: Large investment Managers, Con-flicts of interest, and the High Costs of Corporate Control” PublicationS

• The Common Law Corporation: The Power of the Trust in Anglo-Ameri-can Business History, 116 Colum. L. Rev. 2145 (2016)otheR PRoFeSSional highlightS

• Reporter on the Uniform Directed Trust Act, Uniform Law Commission

nicholas R. ParrillolectuReS and addReSSeS

• Invited Participant, Roundtable on Cristina Rodríguez and Adam Cox’s The President and immigration Law, NYU Law School, Dec. 15, 2016

• Invited Panelist, “Challenges to the Administrative State,” Semi-Annual Meeting of the Committee on Sci-ence, Technology, and Law of the National Academy of Sciences, Pasa-dena, CA, Mar. 9, 2017

• “Federal Agency Guidance From the ground Up: A Preliminary Discus-sion,” Vanderbilt Law School Faculty Workshop, Mar. 27, 2017PublicationS

• Jerry Mashaw’s Creative Tension with the Field of Administrative Law, in Administrative Law from the inside Out: Essays on Themes in the Work of Jerry Mashaw, ed. Nicholas R. Parrillo (Cambridge, UK: Cambridge University Press, 2017)

Anika Singh Lemar moderated a panel at the Annual Conference of the Paul and Daisy Soros Fellowship for New Americans in October 2016 on “Detroit: Challenges and Opportunities.”

Jonathan Macey, in Los Angeles Times, January 10, 2017:

“As IPOs fade in impor tance, so too will individual and small institutional investors. Wealth will be created less democratically with vast swathes of invest ment opportuni-ties closed to the public. This, in turn, will exacer bate the increasingly acute problem of economic inequality that already is chipping away at the fabric of American society.”

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O U R FAC U LT Y

w. Michael ReismanlectuReS and addReSSeS

• Foreign Policy Association Board Meeting, New York, NY, Oct. 27, 2016

• Speaker at a conference entitled “‘Twilight issues’ in international Arbitration: Where Should interna-tional Arbitrators Look for guid-ance?,” hosted by Columbia Univer-sity Center for international Commercial and investment Arbi-tration (CiCiA) and the New York international Arbitration Center (NYiAC), New York, NY, Nov. 11, 2016

• Moderated YLS Panel “Manipulation and Misinformation: Propaganda and False News” Conference: “Wea-ponizing information: Propaganda to Cyber Conflict,” Yale Law School, Jan. 24, 2017

• Delivered the White & Case Interna-tional Arbitration Lecture (Lamm Lecture) entitled “The Empire Strikes Back: The Struggle to Reshape iSDS,” University of Miami School of Law, Feb. 9, 2017

• Delivered paper “Legal Decisions and Their implementation in inter-national Law,” Faculty Workshop, University of Miami School of Law, Feb. 9, 2017

• Delivered paper entitled “Negotiat-ing international investment Agree-ments” and conducted a seminar with the Legal Department at the Ministry of Foreign Affairs, Tokyo, Japan, Mar. 17, 2017

• Delivered lecture entitled “Tribunals and Courts: An interpretation of the Architecture of international Com-mercial Arbitration,” Japanese Asso-ciation of international Business Law, University of Tsukuba graduate Law School, Tokyo, Japan, Mar. 18, 2017

• Delivered paper entitled “The Great Compact and the Future of interna-tional investment Law in the Light of the Transcivilizational Perspective” for the international Law in a Trans-civilizational World Symposium in honor of Professor Yasuaki Onuma, Tokyo, Japan, Mar. 19, 2017

claire PriestlectuReS and addReSSeS

• Cuba’s History and Transformation through the Lens of the Sugar indus-try, Head of School Symposium, Lake Forest Academy, Apr. 17, 2017

• The Centrality of Slaves as Collateral in Colonial Credit Markets, Confer-ence on Property and Subordination, University of Dayton School of Law, Mar. 24, 2017PublicationS

• State-Making through the Custom Houses, 34 Law & Hist. Rev. (forth-coming 2017) (book review of gautham Rao, National Duties: Custom Houses and the Making of the American State)

george l. PriestlectuReS and addReSSeS

• Participated in the conference, “Between the Human and the Divine: Sources of Order and Disorder in the Middle East,” Yale Law School Mid-dle East Legal Studies Seminar, Mar-rakech, Morocco

• Presented a Comment on the paper by William Novak entitled, “The Pub-lic Utility idea and the Origins of Modern Business Regulation” at the conference “Revisiting the Public Utility: A Research Roundtable,” Vanderbilt Law School, Nashville, TN

• Completed an assessment of a grant proposal for the Program in Law and Economics, Policy Studies, industrial Organization and Technological Development for the Social Sciences and Humanities Research Council of Canada (SSHRC)PublicationS

• The Rise of Law and Economics (forthcoming)

• The Political Order and the Market Order (forthcoming)

New Public Interest Fellowship Honors Professors Resnik and CurtisWith the support of more than 100 donors, including more than 80 former Liman Fellows, Yale Law School has created a Resnik-Curtis Liman Public Interest Law Fellow-ship for the year 2018–19. The fellowship will be awarded to a graduate of Yale Law School who proposes a project related to incarceration and criminal justice reform. The fellowship honors Judith Resnik, who is the Arthur Liman Professor of Law and the founding Director of the Liman Program, and Dennis E. Curtis ’66, who is Clinical Professor Emeritus and who pioneered clinical legal education by establishing Yale Law School’s first clinic. The hope is that resources will grow to enable the fellowship to be awarded in subsequent years as well.

When concluding the opening session of the 20th annual Liman Colloquium, at which time the Arthur Liman Public Interest Program was officially re-established as the Arthur Liman Center for Public Interest Law, Dean Post told the audience about the new fellowship. He explained that Professor Sarah Russell ’02, a former Director of the Liman Program and Professor of Law at Quinnipiac University School of Law, had joined with former fellows and friends to organize the effort to create a new fellowship.

For additional information about supporting the fellow-ship, please contact Sarah Russell at [email protected] or Mary Matheron, Associate Dean of Develop-ment, in the Development Office at [email protected] or (203) 432-6080.

Those who have been lucky enough to learn from Judith and Denny are deeply grateful and are so pleased for the opportunity to honor them in this way.” — Sarah Russell ’02

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FACULTY REPORTS

PublicationS• Foreword, in international Dispute

Resolution and the Public Policy Exception by Farshad ghodoosi (2017)

• Introduction of the Series in general Theory of international Law by Siegfried Wiessner (ed.) for the American Classics in interna-tional Law (gen. ed., W. Michael Reisman) (Brill/Nijhoff, 2017), at pages ix–xii

• Preface to the Inaugural Volume in general Theory of international Law by Siegfried Wiessner (ed.) for the American Classics in interna-tional Law (gen. ed., W. Michael Reisman) (Brill/Nijhoff, 2017), at page xiii

• Negotiating Investment Treaties: Mechanisms for Anticipating and Controlling Textual Drift (Apr. 19, 2016), Yale Law & Economics Research Paper No. 546, available at SSRN

• The Empire Strikes Back: The Strug-gle to Reshape ISDS (Feb. 16, 2017), available at SSRN

Judith ResniklectuReS and addReSSeS

• Opening Presenter: “No Trials, No Lawyers, De Facto Aggregations: The Ethics and the Ethos of Regula-tion,” Colloquium on Civil Litigation Ethics at a Time of Vanishing Trials, Fordham Law School, New York, NY, Oct. 21, 2016

• Clough Distinguished Lecture in Jurisprudence: “Not isolating isola-tion: Whippings, Solitary Confine-ment, Prisoner Disenfranchisement, and the Boundaries of Licit Punish-ment,” Boston College Law School, Newton Centre, MA, Nov. 3, 2016

• Speaker at the Alliance for Justice, Champions for Justice Benefit 2016: Honoring Judge Shira A. Scheindlin (Ret.), Waldorf Astoria, New York, NY, Nov. 10, 2016

• Paper Presenter: “It’s All About Class: Access to the Federal Courts at the

• Presenter and Moderator: “(Lack of) Access to the Legal System,” Feb. 17, 2017; Presenter and Moderator

“The Facts and Law of Solitary Con-finement,” Feb. 18, 2017: Rebellious Lawyering Conference, Yale Law School

• Presenter: “Whipping, Isolating, Life-ing, Disenfranchising: Moving the Permissible Boundaries of Punish-ment,” for the panel, “Boundaries of Permissibility,” Philosophy and Mass incarceration Conference, Yale Uni-versity, Whitney Humanities Center, New Haven, CT, Feb. 25, 2017

• Discussant: “State Courts and State Judging: A Discussion with the Hon-orable Jenny Rivera, Senior Associ-ate Judge, New York Court of Appeals,” Yale Law School; co spon-sored by the ACS, LSA, and the Liman Program Mar. 7, 2017

• Presenter: “Judicial Review: Condi-tions of Confinement as Punish-ment,” for the panel, “Judicial Over-sight of immigration, Detention, and incarceration,” Conseil d’Ėtat, Paris, France, Mar. 10, 2017

• Paper Presented: “Bordering by Law: The Migration of Law, Crimes, Sover-eignty, and the Mail,” FOLiE: Forms of Life and Legal integration in Europe Seminar Series, Sciences Po Law School, Paris, France, Mar. 17, 2017

• Presenter: “Flattening Filings, Unrep-resented Litigants, MDLs, and the Federal Courts,” for the 2017 District Conference, Challenges for the Future, U.S. District Court, District of Rhode island, Providence, Ri, Mar. 23, 2017

• A Conversation with Justice Soto-mayor, for Liman at 20: Public interest(s) and the Launch of the Arthur Liman Center for Public inter-est Law, Yale Law School, New Haven, CT, Apr. 6, 2017

• Moderator, Presenter: The Legacies of Attica: Criminal Justice Reform, Liman at 20, April 7, 2017, Yale Law School, New Haven, CTPublicationS and teStiMonY

• Editor of the five-volume series, now available as eBooks: Yale Law School Global Constitutionalism Seminar, E-Book Volumes 1–5, 2012–2016 and on Social Science Research Network (SSRN), Dec. 2016

• Accommodations, Discounts, and

50th Anniversary of Modern Class Action Rule,” for the University of Pennsylvania Law Review Sympo-sium, 1966 and All That: Class Actions and Their Alternatives After 50 Years, University of Pennsylvania Law School, Philadelphia, PA, Nov. 11, 2016

• Panelist: “Reorienting the Process Due: The Effectiveness and ineffec-tiveness of Rule 23” at the Sympo-sium, Rule 23@50, New York Univer-sity Law School, New York, NY, Dec. 2, 2016

• Presenter: “Doing the State’s Busi-ness: Class, Class Actions, and the Federal Courts,” at the Yale Law School Faculty Workshop, Dec. 5, 2016

• Commentator/Moderator for the Workshop on Don Herzog’s “Sover-eignty R.i.P,” at Yale University’s Cen-ter for Historical Enquiry in the Social Sciences (CHESS), Dec. 9, 2016

• Panelist: “The Role of Rules,” for the panel, “The Roberts Court and the Federal Rules of Civil Procedure,” American Association of Law Schools, San Francisco, CA, Jan. 5, 2017

• Participant: Pound Civil Justice Insti-tute, Law Professor Summit, San Francisco, CA, Jan. 7, 2017

• Moderator: “Continuity and Change When Administrations Change,” Federal Practice Section of the Con-necticut Bar Association, New Haven, CT, Jan. 26, 2017

• Presenter: “The Facts and the Law of Solitary Confinement,” and Discus-sant at the Prison Conditions Litiga-tion Open Forum, Federal Judicial Center, 2017 Mid-Winter Workshop for Judges of the Ninth Circuit, Tuc-son, AZ, Jan. 30, 2017

• Witness, testifying on the National Overview and Civil Rights Perspec-tive on Solitary Confinement, for the U.S. Commission on Civil Rights, Connecticut Advisory Committee, Hearing on Solitary Confinement, Hartford, CT, Feb. 7, 2017

• Public Hearing, Proposed Revisions to Rule 23 of the Federal Rules of Civil Procedure, before the Advisory Committee on Civil Rules, of the Judicial Conference of the U.S., via telephone hearings, in Dallas, TX, Feb. 16, 2017

Nicholas Parrillo, in Just Security blog, March 2, 2017:

“These events have drawn attention to a foundational question in administrative law and separation of powers: If the federal govern-ment disobeys a judicial order, can the courts use their contempt power to force compliance? How willing have federal judges been to exercise this power, and what are its limits?”

Robert C. Post was named Sterling Professor of Law, one of Yale University’s highest faculty honors. The appointment began on July 1, 2017, at the conclusion of his eight-year tenure as dean of the Law School.


O U R FAC U LT Y

carol M. RoselectuReS and addReSSeS

• Attended Foundation Press Board Meeting, Boston, Oct. 2016

• Moderated panel on Challenges and Opportunities for Science Diplomacy, Conference on Science Diplomacy and Policy, University of Arizona, Feb. 23, 2017

• Presented Cognition, Collective Action and Climate Change, Univer-sity of British Columbia, Vancouver, BC, Mar. 3, 2017

• Commented, Conference on Prop-erty in the City, University of British Columbia, Mar. 3–4, 2017

• “Two Views of Possession,” Univer-sity of British Columbia, Vancouver, BC, Mar 7. 2017

• “Racially Restrictive Covenants and Property Law in the United States,” University of British Columbia, Van-couver, BC, Mar. 9, 2017PublicationS

• Racially Restrictive Covenants: Were They Dignity Takings?, 41 Law & Social inquiry 939 (2016)otheR PRoFeSSional highlightS

• Visiting professorhship, Douglas McK. Brown Visiting Chair in Law, University of British Columbia Allard School of Law, Feb. 27–Mar 10, 2017

Susan Rose-ackermanlectuReS and addReSSeS

• “Corruption and the Ethical Corpora-tion” Annual Lecture, Centre for Eth-ics and Law, Faculty of Law, Univer-sity College London, Dec. 1, 2016

• “Corruption and Government,” at seminar organized by Norton, Rose, Fulbright, London, Dec. 2, 2016PublicationS

• A Review of Geoffrey M. Hodgson, Conceptualizing Capitalism:

• “Immigration and Voting Rights,” New York Historical Society, Mar. 2017otheR PRoFeSSional highlightS

• Co-convener, The Future of Latinos in the United States: Law, Opportu-nity, Mobility Conference, Yale Law School, Apr. 2017

• Samuel Rubin Visiting Professor of Law, Columbia Law School (spring 2017)

• Elected fellow, American Bar Foundation

Roberta RomanolectuReS and addReSSeS

• Carnegie Mellon University Tepper School of Business Conference on The Economics of Credit Rating Agencies, Credit Ratings and infor-mation intermediaries, Panel on

“The Challenge of Credit Ratings”• El Instituto del Dereccho del Mer-

cado y de la Competencia de la Uni-versidad Rey Juan Carlos and Depar-tamento de Dereccho Mercad de Law Universidad Complutense de Madrid Conference on Financial Regulation, “The iron Law of Finan-cial Regulation”

• University of Edinburgh School of Law Public Lecture: “The iron Law of Financial Regulation”

• University of Edinburgh School of Law graduate Class Lecture: “For Diversity in the international Regula-tion of Financial institutions: Critiqu-ing and Recalibrating the Basel Architecture”PublicationS

• Further Assessment of the Iron Law of Financial Regulation: A Postscript to Regulating in the Dark, in Anita Anand, ed., Systemic Risk, institu-tional Design and the Regulation of Financial Markets (Oxford Uni-versity Press, 2016), pp. 97–131

• The Private Ordering Solution to Multiforum Shareholder Litigation (with Sarath Sanga), 14 J. Empirical Legal Stud. 31–78 (2017)

Displacement: The Variability of Rights as a Norm of Federalism(s), 17 Jus Politicum 1 (2017)

• Submitted statement, “The Facts and Laws of Solitary Confinement,” to the U.S. Commission on Civil Rights, Connecticut Advisory Com-mittee, Hearing on Solitary Confine-ment, Feb. 2017

• Submitted statement on proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, Feb. 2017

• Lawyers’ Ethics Beyond the Vanish-ing Trial: Unrepresented Claimants, De Facto Aggregations, Arbitration Mandates, and Privatized Processes, Introduction to the Ethics Collo-quium, 85 Fordham L. Rev. 101 (2017)otheR PRoFeSSional highlightS

• Of counsel, Brief of Constitutional Scholars, as Amici Curiae in Support of Appellees, Washington v. Trump, submitted to the U.S. Court of Appeals for the Ninth Circuit, Feb. 2017

• Of counsel, Brief of Law Professors of Constitutional Law, Federal Court Jurisdiction, immigration, National Security, and Citizenship, as Amici Curiae in Support of Appellees, Hameed Khalid Darweesh and Haider Sameer Abdulkhaleq Alshawi, et al. v. Donald Trump, President of the United States, et al., United States District Court for the Eastern District of New York, Feb. 2017

cristina RodríguezlectuReS and addReSSeS

• “The Enforcement Power and the Rule of Law,” NYU Colloquium on Law and globalization, Nov. 2016

• “Presidential Power and Immigration Law” (excerpts from forthcoming book manuscript), at Cardozo Law School Faculty Workshop (Nov. 2016); UCLA School of Law Faculty Workshop (Jan. 2017); Columbia Law School Faculty Workshop (Mar. 2017)

• “The Constitution in the Age of Trump,” Columbia Center for Consti-tutional governance, Mar. 2017

Susan Rose-Ackerman, in “A regulatory revolution is underway,” The Hill, March 2, 2017:

“While the headlines announce President Trump’s latest provocation, the House has already passed two bills, now before the Senate, that would undermine America’s system of regulatory government.”

on twitterMichael J Wishnie@MikeWishnie Jan 10

“His first words were, ‘It’s about time.’” Gay Veteran, 91, Gets Honorable Discharge After 69 Years t.co/NbQw8lpM9D


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FACULTY REPORTS

Reva SiegellectuReS and addReSSeS

• Presented manuscript of “Commu-nity in Conflict: Backlash and Same-Sex Marriage,” American Constitu-tion Society Progressive Scholarship Workshop, Yale Law School, Nov. 10, 2016

• Presented manuscript of “Commu-nity in Conflict: Backlash and Same-Sex Marriage,” Equality Roundtable, Cardozo Law School, Nov. 13, 2016

• “Before (and After) Roe v. Wade,” NARAL Pro-Choice Connecticut, Middletown, CT, Dec. 8, 2016

• “New Frontiers in Reproductive Rights and Justice,” American Asso-ciation of Law Schools Annual Meet-ing, Jan. 6, 2017

• Presented “Conscience Wars: Com-plicity-Based Conscience Claims in Religion and Politics” (with Doug NeJaime), Conference on Faith and Sexuality, Yale Law School, Jan. 14, 2017

• Roundtable: “After Whole Woman’s Health,” American Civil Liberties Union, New York, NY, Jan. 20, 2017

• Lawyers and Social Movements: Rei-magining Theory and Practice; Social Movements and Courts: To Lead or Lag?, University of California at Los Angeles Law School, Feb. 10, 2017

• Presented manuscript of “Commu-nity in Conflict: Backlash and Same-Sex Marriage,” Legal Theory Work-shop, Columbia Law School, Feb. 13, 2017

• Cutler Lecture: “Young v. United Par-cel Service and the Pregnancy Dis-crimination Act at 40,” William and Mary Law School, Mar. 1, 2017

• “Religious Accommodation in Trans-national Perspective,” Conference at Conseil d'État, Paris, France, Mar. 11, 2017

• “Historians and Abortion Rights at the Supreme Court: A Roundtable Discussion,” Center for American Studies, Columbia University, Apr. 5, 2017

• Work Featured in James Surowiecki, Where the Second Avenue Subway Went Wrong, The New Yorker, Jan. 23, 2017

Peter h. SchucklectuReS and addReSSeS

• “Challenges to Journalism,” Jindal global University, Delhi, india

• “Book Talk,” UC Hastings Law School• “Limits on Executive Power,” World

Affairs Council, San Francisco, CA, • “Book Talk,” Bradley Lecture, Ameri-

can Enterprise institute PublicationS

• One Nation Undecided: Clear Thinking About Five Hard issues That Divide Us (Princeton UP, 2017)

• Principles to Guide A Nation Through Issues That Divide Us, Phil-adelphia inquirer, Mar. 19, 2017

• Still in the Thickest Thicket, Elec-tion Law Blog, Dec. 6, 2016otheR PRoFeSSional highlightS

• Hugh and Hazel Darling Visiting Pro-fessor of Law, UC Berkeley Law School (spring 2017)

vicki SchultzlectuReS and addReSSeS

• “Will Marriage Make Gay and Les-bian Couples Less Egalitarian?,” pre-sented at The Center for LgBTQ Studies (CLAgS) After Marriage Conference, panel on Birth, Life, and Death in LgBTQ Families, John Jay College of Criminal Justice, CUNY, New York, NY, Oct. 1–2, 2016

• “Equal Pay Day: History, Causes, and Personal Stories of the gender Wage gap,” Yale Law School, panel discussing the gender wage gap, sponsored by Law Students for Reproductive Justice at Yale, New Haven, CT, Apr. 4, 2017

institutions, Evolution, Future, J. Econ. Literature 55(1): 182-194 (2017)oPinion PieceS and blogPoStS

• A Regulatory Revolution Is Under-way, The Hill, Mar. 2, 2017

• Administrative Law, The Common Law, and the U.S. Presidential System, Administrative Law Blog, Mar. 1, 2017

• Why Brazil Is Winning Its Fight against Corruption (with Paul Lagunes), The Conversation, Feb. 2, 2017

• Congress and Trump Just Made Cor-ruption by U.S. Companies Easier (with Sinead Hunt), The Hill, Jan. 27, 2017

• Business Ethics in the Age of Trump, The Hill, Jan. 18, 2017

david n. SchleicherlectuReS and addReSSeS

• “Trump, Brexit, Le Pen: Law and The Rise and Structure of Anti-Metropol-itanism,” Yale Law School Associa-tion Executive Committee, Oct. 21, 2016

• "Thoughts on Election 2016," Yale Political Union, Nov. 4, 2016PublicationS

• Local Regulation of the Sharing Econ-omy, in Who is An Employee And Who is The Employer? (Lexis/Mat-thew Bender 2017) (with Daniel Rauch)otheR PRoFeSSional highlightS

• "Residential Mobility," NPR On Point, Feb. 8, 2017

• Work featured in Richard Florida, Anatomy of a NIMBY, The Atlantic, Feb. 23, 2017

• Work Featured in Alon Levy, Why We Can’t Have Nice Things, The American interest, Feb. 10, 2017

• Work Featured in Richard Florida, America the Stuck, The Atlantic, Feb. 2, 2017

• Work Featured in Subtract and Divide: Both economic and racial divi-sions fuel support for Donald Trump, The Economist, Oct. 22, 2016

James Q. Whitman, in “When the Nazis wrote the Nuremberg laws, they looked to racist American statutes,” Los Angeles Times, February 22, 2017:

“[T]he ugly irony is that when the Nazis rejected American law, it was often because they found it too harsh.”

David Schleicher has been promoted to Professor of Law. His scholarship and teaching focuses on election law, land use, local government law, urban development, transportation, and local regulation of the sharing economy.


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kate StithlectuReS and addReSSeS

• The Supreme Court on Unions by Jack getman (introduction and com-mentary), Yale Law School, Oct. 27, 2016

• Oral History of Judge Janet B. Arterton (D. Conn.), History of Women in the Legal Profession, Con-necticut Bar Foundation, CPTV, Hartford, CT, Jan. 4, 2017

• Interviewed by Judge Janet B. Arterton (D. Conn.), History of Women in the Legal Profession, Con-necticut Bar Foundation, CPTV, Hartford, CT, Jan. 4, 2017

• “Justice Thomas, the Ocasio Mess, and the Vagueness Doctrine,” Yale Law School Conference on Clarence Thomas, Feb. 11, 2017

• “The Pardon Power as an Early Release Mechanism,” conversation with Paul Larkin, sponsored by the Yale Law School Federalist Society, Feb. 15, 2017

• “Responsible Corporate Officer Criminal Liability,” Program on Cor-porate Compliance and Enforce-ment, New York University School of Law, Mar. 31, 2017otheR PRoFeSSional highlightS

• Model Penal Code Sexual Assault Provisions, Consultative Members and Advisors Meeting, New York, NY, Oct. 24, 2016

• Member, Yale Law School Dean Search Committee

• Young Scholars Selection Commit-tee, American Law institute, Nov. 2016–Feb. 2017

• “Comments of the Connecticut Pro-fessional Ethics Committee on Pro-posed Revisions to Model Rules of Professional Responsibility 7.1, 7.2, and 7.3,” Feb. 22, 2017

• The Green Bag, Editorial Advisory Board

• Federal Sentencing Reporter, Advi-sory Board

• Yale University Press Board of governors

• “Pro-Choice-Life,” Panel on “The Hot-Button Constitution: Examining the issues That Divide Us in Both Law and Politics,” The Future of the U.S. Constitution, indiana University Maurer School of Law, April 14, 2017 otheR PRoFeSSional highlightS

• Received Catherine Roraback Award (for scholarship on reproductive rights), NARAL Pro-Choice Connect-icut, Dec. 2017

• Taught Course on Democratic Con-stitutionalism at the institute for Constitutional Studies at the New York Historical Society (with Robert Post), Jan.–Feb. 2017

James J. SilklectuReS and addReSSeS

• “From Nuremberg to The Hague to the Book of Jonah? Questioning international Criminal Justice as the Answer to Mass Atrocity,” irish Cen-tre for Human Rights, National Uni-versity of ireland–galway, Mar. 2017

• “The Effects of Our Enthusiasm for international Criminal Justice on the Protection of Human Rights,” Reprieve, London, United Kingdom, Mar. 2017

• “The Human Rights Clinic: Practice and Ethics,” Reprieve, London, United Kingdom, Mar. 2017

• “Roundtable Discussion on Trends in international Criminal Law,” panelist, Reconsidering the international Legal Order–Symposium Honoring Chris Blakesley, William S. Boyd School of Law, University of Nevada, Las Vegas, Apr. 2017otheR PRoFeSSional highlightS

• Appointed inaugural Binger Clinical Professor of Human Rights, Dec. 2016

douglas neJaime and Marisol orihuela ’08 joined the Yale Law School faculty on July 1, 2017.

Douglas NeJaime teaches and writes in the areas of family law, law and sexuality, constitutional law, law and social movements, and legal ethics. He was previously Professor of Law at UCLA School of Law and Faculty Director of the Williams Institute. He has also served on the faculties at UC Irvine School of Law, Loyola Law School in Los Angeles, and Harvard Law School.

Marisol Orihuela was most recently a deputy federal public defender at the Office of the Federal Public Defender in Los Angeles. She previously worked as a staff attorney for the American Civil Liberties Union of Southern California, in addition to clerking for the Honorable Rosemary Barkett of the 11th U.S. Circuit Court of Appeals and the Honorable Consuelo B. Marshall of the Central District of California.

NeJaime and Orihuela join two other new faculty at the Law School, Monica Bell ’09 and Samuel Moyn (see page 24).

neJaime and orihuela Join Faculty

OrihuelaNeJaime

Ian Ayres gave the Ann F. Baum Memorial Elder Law Lecture on “Social Security Plus” at the University of Illinois College of Law on March 6.


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FACULTY REPORTS

Human Development, Department of Human Development, Cornell University, Mar. 10, 2017

• “Building Public Trust,” Center for Policing Equity, John Jay College of Criminal Justice, New York, NY, Mar. 15, 2017

• “American Policing in the 21st Cen-tury: Moving Justice Forward,” Legal Defense Fund, NAACP, New York, NY, Mar. 15, 2017

• “The Benefits of Evidence-informed Law,” USC gould School of Law, Mar. 23, 2017 PublicationS

• Legal Socialization, Annual Review of Law and Social Science, 12, 417–439, (with R. Trinkner) (2016)

• Police Discretion in the 21st Century Surveillance State, University of Chicago Legal Forum, 2016, 579–614

• Policing: A Model for the 21st Cen-tury, in A. Davis (ed.), Policing the Black Man (NY: Pantheon, 2017) (with T. Meares) otheR PRoFeSSional highlightS

• Presented annual Baum Lecture on Civil Rights and Civil Liberties, Uni-versity of illinois Law School, Feb. 2, 2017

• Received Lifetime Achievement Award in Law, Psychology and Human Development, Department of Human Development, Cornell University, Mar. 10, 2017

James Q. whitmanlectuReS and addReSSeS

• “Hitler's American Model,” NYU School of Law

• “America's Incarcerated,” Religion and Ethics Newsweekly, WNET New YorkPublicationS

• Hitler's American Model: The United States and the Making of Nazi Race Law (Princeton, 2017)

• When the Nazis Wrote the Nurem-berg Laws, They Looked to Racist American Statutes, L.A. Times, Feb. 22, 2017

tom R. tylerlectuReS and addReSSeS

• “Procedural Justice: How the Public Evaluates the Courts," Conference of the Delaware Judiciary, Rehoboth Beach, Oct. 27, 2016

• “From Harm Reduction to Commu-nity Engagement: Redefining the goals of American Policing in the 21st Century,” Conference on Democratizing Criminal Law, North-western University Law School, Chi-cago, iL, Nov. 18, 2016

• “Building Public Trust,” 2016 Use of Force Summit, Daigle Law group, Mohegan Sun, CT, Dec. 1, 2016

• “Empirically Informed Law: History and Future,” Law and Society Pro-gram, Law School, Hebrew Univer-sity, Dec. 27, 2016

• “Can the Police Enhance Public Trust during Stops?,” Criminology Program, Hebrew University, Dec. 28, 2016

• “The Procedural Underpinnings of Trust in the Police,” Society for Per-sonality and Social Psychology, San Antonio, TX, Jan. 20, 2017

• “The Benefits of Evidence-informed Law,” Baum Lecture on Civil Rights and Civil Liberties, University of illi-nois Law School, Feb. 2, 2017

• “Building Public Trust: Generating Evidence to Enhance Police Account-ability and Legitimacy," Mayor’s Office for Criminal Justice, NY, Feb. 10, 2017

• “The Benefits of Evidence-informed Law: Legitimacy-based Policing,” Social Psychology Program, John Jay College, New York, NY, Feb. 23, 2017

• “Evaluating Consensual Models of governance: Legitimacy-based Law, NOMOS, American Philosophical Association, Central Division, Kansas City, Mar. 2, 2017

• “Legal Socialization,” Cornell Law School, Mar. 9, 2017

• “From Harm Reduction to Commu-nity Engagement: Redefining the goals of American Law in the 21st Century,” Lifetime Achievement Address in Law, Psychology and

conference examines Strategies to advance democracy, human Rights, and the Rule of lawYale law School hosted “Bending the Arc: Strategies to Ad vance Democracy, Human Rights, and the Rule of Law in the New Administration,” on Saturday, March 25, 2017. The conference pro-vided a forum to share experiences and potential strategies among leading attorneys, law students, and professors working to defend and advance progressive values in the current political climate. In addition, the conference brought together mem-bers of the San Francisco City Attorney’s Office, as well as alumni of the San Francisco Affirmative Litigation Project (SFALP), as part of SFALP’s tenth anniversary celebration. The conference included panels on pushing forward at the state, local, and federal levels as well as a panel on “The California Model.”


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people what they cannot do (“red lights”) and gives them in-centives (“green lights”) to solve environmental problems.

In my article, I suggest that we build on Information Age tools that were not available when our legal framework was developed in the 1970s and work to drive innovation in the environmental domain. There are particular opportunities to engage the entrepreneurial spirit and problem-solving capacity of the corporate world, looking to businesses as solu-tions providers and not just as sources of pollution as they were perceived to be in the twentieth century.

With the right structure of incentives and emphasis on deploying cutting-edge information and communications technologies, we could build a twenty-first-century regula-tory program that is lighter and stronger that what we now have in place — improving environmental outcomes and low-ering economic burdens at the same time. Both Republicans and Democrats should be able to get behind such a “Green Lights” strategy.

Ò Daniel Esty: Remaking Environmental Protection (from page 21)

Stephen wiznerlectuReS and addReSSeS

• “Law As Social Work,” Law and Soci-ety Workshop, Hebrew University, Jerusalem, Jan. 24, 2017otheR PRoFeSSional highlightS

• Consulted with Clinical Law Faculty on clinical legal education, Tel Aviv University, Jan. 17, 2016–Feb. 13, 2017

taisu ZhanglectuReS and addReSSeS

• "Cultural Paradigms in Property Institutions," University of Minne-sota Law School, Mar. 23, 2017

• "The Ideological Foundations of the Qing Fiscal State," Conference on Decentralization and Development, University of Hong Kong, Mar. 14, 2017PublicationS

• Moral Economies in Early Modern Land Markets, 80 Law & Contemp.Probs. 107 (2017)

• What the Trump Presidency Means for China, Lawfare (March 20, 2017)

• The Anti-Mainland Bigotry of Hong Kong's Democracy Movement, For-eign Policy (Nov. 29, 2016)

• Member, Task Force to Improve Access to Legal Counsel in Civil Mat-ters (established pursuant to Conn. Pub. Act 16-19); Chair, Working group on Dismantling Barriers to Access

John Fabian wittlectuReS and addReSSeS

• “The Switch: The Twentieth-Cen-tury Reinvention of Democracy,” Butler University, Oct. 20, 2016

• Commenter, “Author Meets Reader” with gautham Rao & Karen Tani, American Society for Legal History, Oct. 29, 2016

• The Kerr Lecture: “Philanthropy and the Reinvention of American Democracy,” Carnegie Mellon Uni-versity, Feb. 2, 2017

• "Lincoln in Afghanistan," The Lincoln Club of Delaware, Feb. 10, 2017

• “The Radical Roots of Brown v. Board: A Blueprint for Modern Con-stitutional Change,” Lafayette Col-lege, Feb. 16, 2017

• “The Radical Roots of Brown v. Board: A Blueprint for Modern Con-stitutional Change,” University of Colorado at Boulder, Feb. 23, 2017

• “The Switch: The 20th Century Rein-vention of American Democracy,” SUNY Albany, Apr. 6, 2017PublicationS

• The New Rockefellers, Wall Street Journal, Oct. 16, 2016

• Fighting Words, The New Rambler, Mar. 6, 2016

• Symbols and Speech, The Chronicle of Higher Education, Dec. 19, 2016 (with Jonathan Holloway)

• The Legacy of World War I, Yale Daily News, Apr. 5, 2017otheR PRoFeSSional highlightS

• Report of the Committee to Establish Principles on Renaming, Dec. 2, 2016

• Hitler's American Model, BBC World Service, Mar. 8, 2017

• Why the Nazis Loved America, Time Magazine, Mar. 21, 2017otheR PRoFeSSional highlightS

• Elected, American Academy of Arts & Sciences

Michael J. wishnielectuReS and addReSSeS

• “Beyond Municipal IDs and Detain-ers: What’s Next in Local immigra-tion Policies,” Boston College School of Law, Newton, MA, Apr. 2017

• “The Next Generation of Local Immi-gration Policies,” Seeking Sanctuary: Municipal Policy to Confront Mass Deportation and Criminalization, New York, NY, Mar. 2017

• “Judicial Review of Immigration Adjudications,” Yale-Conseil d'État Workshop, Paris, France, Mar. 2017

• “Experiential Learning in the Labor & Employment Curriculum,” Labor Law group Triennial Conference, UCLA, Los Angeles, CA, Dec. 2016

• Third Annual Harry H. Dow Lecture Series on immigration Law, “immi-gration Advocacy in the Era of Trump,” Suffolk University Law School, Boston, MA, Nov. 2016

• “State DAPA? And Other Thoughts on U.S. immigration Policy in the New Administration,” MiT Center for international Studies, Cambridge, MA, Nov. 2016

• “U.S. v. Texas and the Future of DACA/DAPA,” New York University School of Law, New York, NY, Oct. 2016otheR PRoFeSSional highlightS

• Darweesh v. Trump, 2017 WL 388504 (E.D.N.Y. Jan. 28, 2017) (entering nationwide stay of Executive Order purporting to establish Muslim and refugee ban)

• Spires v. James, No. 3:16-cv-1905-VAB (D.Conn. filed Nov. 18, 2016) (successful challenge to U.S. Air Force refusal to upgrade discharge status of 93-year-old veteran given

“undesirable” discharge in 1948 for being gay)

John Fabian Witt ’99 has been named Davenport’s next head of college for a five-year term, effective July 1, President Peter Salovey announced.

“His work represents a journey through challenges and triumphs in the laws of war from the founding of this country to present day and moments in our history that have shaped and been shaped by our laws. His writing inspires us to take a deeper and broader look at our democracy and current political state,” said Salovey. “He has a talent for making history entertaining, approachable, and connected to our daily lives.”


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our faculty - yale university · • presented paper on “exacting lever-age: the role of...

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