Prof. José E. Alvarez, director of the Center on Global Legal Problems, gave the keynote address at a joint conference between the societies of international law of the United States and the Netherlands at The Hague on July 4. He also participated on a panel addressing terrorism for Columbia's European Reunion in Paris on June 29. His lecture titled "The Promise and Perils of International Organization" on Sept. 24 was the inaugural lecture for a year-long series addressing Challenges in International Governance. On Oct. 16th, he was the featured guest on a Canadian TV show, "Politics Today." The topic was US foreign policy. Prof. Alvarez also gave the luncheon address called "The Closing of the American Mind" at the annual conference of the Canadian Council of International Law in Ottawa, Canada on Oct. 17 and participated on a panel in New York on the future of the UN Security Council at the International Law Weekend (the annual conference sponsored by the American Branch of the International Law Association) on Oct. 24. Also that month, he spoke on the NAFTA's investment chapter during a conference on takings at Fordham Law School. On December 5, he will be a panelist at a conference on "Unilateralism and U.S. Power," organized at Princeton University.
Prof. Mark Barenberg presented a paper titled "Legitimacy and Accountability in the Private Enforcement of Global Labor Rights" at the Institute of Advanced Legal Studies in London on July 4. The presentation was part of a workshop organized by Columbia Law School and the University of London.
Prof. George A. Bermann '75, Walter Gellhorn Professor of Law, Jean Monnet Professor of European Union Law, and director of the European Legal Studies Center (ELSC), is launching a major ABA-sponsored study of the European Union regulatory process. In April, he organized (with Prof. Katharina Pistor) and presented a comment on papers at an ELSC conference called Law and Governance in an Enlarged European Union at the Law School. He also co-organized (with the Free University of Brussels) a workshop at the New York City Bar Association on Judicial Cooperation between the EU and Third Countries -- for which sequel workshops were held in Barcelona (October) and Brussels (January). At the New York workshop, he gave a paper titled "The Treaty Basis for European Cooperation in Civil and Commercial Matters." Also in April, he spoke on "The Expatriation of U.S. Statutory Claims" to the American Foreign Law Association in New York. In May, Prof. Bermann addressed the French Supreme Court (cour de Cassation) on the subject of "Le droit comparé et le droit international: alliés ou ennemis?" which will also be published in La Revue Internationale de Droit Comparé. Also in May, he delivered a lecture titled "A U.S. View of 'the European Model' " at the fourth Vienna Globalization Symposium in Vienna and another called "The European Union and Its New Federalism" to Princeton University's Law and Public Affairs Program. Over the summer, he spoke at the University of London Hart Workshop on "The Competences of the EU Under the New Draft Constitution," which will be published in forthcoming volume by Hart Publications [Oxford, UK], and delivered a talk called "The New Europe" at the Columbia Law School Alumni Reunion in Paris. In September, he traveled to Lisbon to give a paper titled "New Institutions under the New Constitution" at the Faculdade de Direito de Universidade Nova de Lisboa.
Prof. Coffee recently testified before the Financial Services Committee of the U.S. House of Representatives in October on governance failures at the New York Stock Exchange. In addition, he spoke at the following legal conferences: (1) He gave the principal address at a University of Naples Conference on securities markets developments in July; (2) He was a panelist on developments in attorney liability under Sarbanes-Oxley at the Annual Meeting of the Attorney Liability Assurance Society (ALAS) in Quebec in July; (3) He gave a keynote address at the Carnegie Mellon/National Science Foundation Symposium on Conflicts of Interest in September in Pittsburgh; (4) He was a panelist at a Harvard Law School conference on "Access to the Proxy Statement and Shareholder Nominations" in October; (5) He was the overview lecturer at the ABA's National Institute on Class Action in San Francisco in October; (6) He was a panelist at the Practicing Law Institute's Annual Institute on Securities Regulation in November; and (7) He spoke before the Annual Partner's and General Counsel's Conference of Baker & McKenzie in October and moderated a conference on securities litigation sponsored by Heller, Ehrman, both in October.
Prof. Michael C. Dorf was a panelist at the Practicing Law Institute Supreme Court roundup. He also delivered a paper titled "The Chastening of Critical Legal Studies" at Rutgers Law School, and he moderated a Fred Friendly Seminar on Terrorism and Civil Liberties as part of the Columbia University 250th Anniversary Celebration.
Prof. Michael W. Doyle, the Harold Brown Professor of United States Foreign and Security Policy, chaired a panel titled "The Constitution in Wartime" at a conference organized by Princeton University and held in June in Williamsburg, Va. Judge Thomas Ellis III (presiding judge in the John Walker Lindh case), Professor Philip Bobbitt (University of Texas), and Professor Anne-Marie Slaughter (Princeton University) were the co-panelists. In October, at the request of Secretary-General Kofi Annan, Prof. Doyle met with representatives in Geneva of the governments of Sweden, Switzerland, Morocco, Brazil and the Philippines to help plan the launch of a Global Commission on International Migration. The commission plans to meet through 2003 and 2004 and issue a report on new opportunities for international cooperation that would advance the interests both of migrants and of the countries migrants leave, transit, and enter.
Prof. Jeffrey A. Fagan, professor of law and public health, taught a brief course on juvenile justice at the University of Tokyo School of Law in June. In September, he presented a paper titled "Policing, Legitimacy and the Sustainability of Social Control" at a conference called Public Security and Human Rights: International Perspectives in Mexico City. In October, Prof. Fagan presented a paper called "Neighborhood Effects of Incarceration" at a conference called "Race, Crime and Voting: Social, Political and Philosophical Perspectives on Felony Disenfranchisement in America," at the Brennan Center for Justice at New York University School of Law. Also that month, he gave a paper at a conference at the Casey Journalism Center on Children and Families on "The Changing Borders of Juvenile Justice: Adult Punishment of Youth Crime in the 21st Century" He will participate in a symposium titled "Bridging the Gap Between Criminology and Public Policy" at the annual meeting of the American Society of Criminology in November. Also in November, he will participate in a colloquium at Cornell University on adolescents and the criminal law.
Prof. E. Allan Farnsworth '52, Alfred McCormack Professor, spoke in May to the Stone Agers luncheon on "From the Stone Age to the Space Age at Columbia Law School." In June, he attended a week-long meeting of working group on UNIDROIT principles of International Commercial Law in Rome and lectured in Istanbul at the invitation of Istanbul Chamber of Commerce on the Vienna Sales Convention. In the fall, he attended a meeting of advisers of the Restatement (Third) of Restitution and Unjust Enrichment in St. Louis and gave the Kormendy Lecture (on mistake) at Ohio Northern University. Prof. Farnsworth is now serving in his 15th year as the American member of the Working Group on UNIDROIT's Principles of International Commercial Contracts.
Prof. Robert A. Ferguson, the George Edward Woodberry Professor in Law, Literature, and Criticism, participated in a symposium on "Loyalist writings during the American Revolution" in Halifax in September.
Prof. George P. Fletcher, Cardozo Professor of Jurisprudence, delivered a lecture titled "Liberty and Security Under Stress" on October 17 as part of Columbia University's 250th anniversary celebrations. In his talk, Prof. Fletcher argues that the USA Patriots Act and subsequent executive orders have created a constitutional ambiguity and has "given the government a range of repressive options that they have not had since Lincoln suspended habeas corpus during the Civil War." People detained since 9/11 are treated neither as suspects of crime or POWs, with protections each status affords. Reflecting the views of John Rawls, Prof. Fletcher concluded that the rights of the accused cannot be traded off to enhance the security of potential victims of similar crimes or society at large. "The first principle of criminal justice should be to do justice to the accused, both by holding fast to constitutional principles and to imposing punishment when it is deserved....Herein lies a message for the approach that we should take today toward the Constitution."
Professor and Vice Dean Katherine Franke, co-director of the Center for the Study of Law and Culture, chaired two panels in June at the annual meeting of the Law & Society Association in Pittsburgh. They were titled "Race and Freedom in the American South: Slave Rescues, Confiscation, Emancipation, and Citizenship," and "Writing Race: Law's Memory and the Construction of National Narratives." Also that month, she chaired and organized the second Law & Humanities Junior Scholar Interdisciplinary Workshop at Columbia. The Workshop is the culmination of a juried writing competition in which eight papers written by junior scholars in law and humanities are presented, commented upon, and discussed by senior colleagues in legal academia, as well as in the humanities. More than 125 papers were submitted to the competition this year. The list of participants is available at: www.law.columbia.edu/center_program/law_culture/lh_workshop/Workshop2003. In October, Prof. Franke was a plenary speaker at the Sexual Worlds, Political Cultures conference in Washington, D.C., and participated in a faculty workshop at Fordham Law School called "Subjects of Freedom." In November, she will be a member of a panel on Law, Violence, and Gender at the American Society for Legal History annual meeting in Washington, D.C., and will also be a participant at a meeting on Injury and Distribution that is part of a Harvard Law School speaker series titled "Sex, Sexuality, Gender and the Family."
Prof. Philip Genty spoke to alumni and students in June; he presented a lecture called "Collaborating in the Development of Clinical Legal Education in China and Central & Eastern Europe: A New Direction from Columbia Faculty," which was hosted by the Columbia Law School Association of Chicago. During the summer, he conducted two training sessions called "Working with Children of Incarcerated Parents" for the Legal Aid Society's Juvenile Rights Division. In October, he was a panelist at a conference called "United States Drug Policy: Implications for Women and Children" held by the National Association of Women Judges in Washington, D.C.
Prof. Jane C. Ginsburg, Morton L. Janklow Professor of Literary and Artistic Property Law and co-director of the Kernochan Center for Law, Media and the Arts, served on the steering committee for a conference held last spring at National Academies of Science on "Electronic Scientific, Technical, and Medical Journal Publishing and its Implications." The proceedings, including her contribution on copyright and electronic publishing in academia, was published late last year. In November, she will address a symposium of the Australian Copyright Council and Copyright Society of Australia on private international law issues for copyright management and enforcement. Prof. Ginsburg is also a reporter on the American Law Institute's project called "Intellectual Property: Principles Governing Jurisdiction, Choice of Law, and Judgments in Transnational Disputes." She is now working with fellow members to prepare a second draft document for February 2004.
Prof. Frank P. Grad '49, Joseph P. Chamberlain Professor Emeritus of Legislation; former director, Legislative Drafting Research Fund, continues to enjoy his work for and association with Columbia Law School, where he came 50 years ago as assistant director of the Legislative Drafting Research Fund.
Prof. Jack Greenberg '48 was in Hungary and Bulgaria in June to work with the Public Interest Law Institute on issues involving integration of Roma (formerly known as Gypsies) into the public schools, an issue which implicates international human rights, European and domestic law. This fall, he spoke at the following law schools: University of Toledo, St. Louis, St. John's, Berkeley, and Stanford. In November, he will receive the Valerie Kantor Award for Extraordinary Achievement from the Mexican American Legal Defense and Education Fund.
Prof. Michael A. Heller, Lawrence A. Wein Professor of Real Estate Law, presented "Conflicts in Property" (with Hanoch Dagan) at the University of Pennsylvania Law School/CEGLA Conference on "The Role and Limits of Legal Regulation of Conflicts of Interest" in October. Also, in October, he presented "The Art of Land Assembly" (with Rick Hills) at the Boston University Law School faculty workshop.
Prof. Louis Henkin, University Professor Emeritus and Special Service Professor, delivered a lecture in March in the "Columbia Goes to War" speaker series on human rights, terrorism, Iraq, and the UN Charter. In April, he was in Philadelphia to give a talk before the American Philosophical Society on the influence of Supreme Court Justice John Marshall (and Marbury v. Madison) on judicial review around the world. Also that month, he participated in the Conference on National Sovereignty and International Institutions, sponsored by the James Madison Project at Princeton University. In May, he gave the Law Day address at the University of Oklahoma Law School.
In the summer, Prof. Henkin participated in a seminar on Justice and Society at the Aspen Institute in Colo. In November, he will be one of the presenters on human rights for an Aspen Justice and Society weekend seminar for U.S. judges. Prof. Henkin also received an Honorary Degree from the Jewish Theological Seminary and the Stefan Riesenfeld award from the Boalt Hall School of Law. Last February, at a symposium examining the history of the first ten years of the Office of the UN High Commissioner for Human Rights (and which was attended by three commissioners), a citation was read in Prof. Henkin's honor for his lifetime of work in human rights.
Prof. Samuel Issacharoff, Harold R. Medina Professor in Procedural Jurisprudence, gave the following talks: "Legal Responses to Conflicts of Interest" on September 13 at The Conference of Conflicts of Interest at Carnegie Mellon University in Pittsburgh; "Is Section 5 of the Voting Rights Act a Victim of Its Own Success?" at the Conference on the Future of Section 5 at Columbia University on September 20; "Gerrymandering and Political Cartels" to a group of University of Chicago Law School Alumni on October 7 in New York; and "Constitutionalizing Democracy in Fractured Societies" at a Law School Faculty Retreat on October 10. He will present "Constitutionalizing Democracy in Fractured Societies" at Stanford Law School on December 8. Prof. Issacharoff was also inducted into the American Academy of Arts and Sciences on October 11.
Prof. Benjamin L. Liebman, director of the Center for Chinese Legal Studies, presented his draft paper "The Media as a Legal Institution in China" at the Judicial Research Center at Beijing University School of Law and at the Institute of Law, Chinese Academy of Social Sciences, also in Beijing, in July, and at the China Law Workshop at Yale Law School in October. In May, he participated in a conference on Asian law at Harvard Law School. In September, he spoke on a panel called Update on Hong Kong: "The Storm After the Calm" at Columbia's Weatherhead East Asia Institute. During the fall semester Prof. Liebman taught a seminar called "Advanced Research in Chinese Law, and Torts."
Prof. Louis Lowenstein '53, Simon H. Rifkind Professor Emeritus of Finance and Law, was part of an all-day panel in June at the Association of the Bar of the City of NY titled "Sarbanes-Oxley Act: Financial and Accounting Strategies." His focus was on the accounting aspects of the new law. In December, Prof. Lowenstein traveled to Stockholm with Prof. Ron Gilson to attend the Swedish Corporate Governance Forum's 10th Anniversary Seminar. One of the inaugural speakers in 1993, Prof. Lowenstein delivered a paper titled "A Perfect Storm: And What Now?" Prof. Lowenstein also was elected a trustee of the Citizens Budget Commission, a watchdog agency for New York City government.
Prof. Gerard E. Lynch ‘75, Paul J. Kellner Professor of Law, participated in a panel discussion on judicial independence at the Federal Bar Council Fall Retreat in Connecticut in October, the day after moderating a panel titled "The Changing Role of Defense Counsel in the Wake of Sarbanes-Oxley" at the annual retreat of the New York Council of Defense Lawyers. Also in October, he participated in the Judicial Conference on Multi-District Litigation in Palm Beach, Florida. In November, he will be a participant in an Aspen Institute Seminar on "International Human Rights Law: Its Application to National Jurisprudence," in Queenstown, Md.
Prof. Curtis J. Milhaupt '89, Fuyo Professor; Director, Center for Japanese Legal Studies, presented a speech in May at the annual meeting of the American Foreign Law Association in New York. The same month, he spoke on the Sarbanes-Oxley Act's impact on foreign private issuers at the Korean Stock Exchange. In June, he hosted a conference in Tokyo on the poison pill and hostile takeovers. Also in June, Prof. Milhaupt made a presentation on the Sarbanes-Oxley Act at the Columbia Law School Advanced Legal Education Program for Transactional Practitioners in London. He presented his paper, "Non-Profit Organizations as Investor Protection: Economic Theory, and Evidence from East Asia," at the World Bank's Global Governance Forum in Washington, D.C., in June, at the Law School's faculty workshop in September, and is scheduled to present it at a Korea Development Institute conference in Seoul in December. In October, he participated in a U.S.-Japan symposium on the financial system in Gotemba, Japan.
Prof. Andrzej Rapaczynski, Daniel G. Ross Professor of Law, traveled to Moscow for a meeting in May of the Advisory Board of United Nations Development Program's (UNDP) Regional Bureau for Europe and CIS, of which he is a member. The board is charged with discussing the challenges facing the region and offering policy advice for UNDP. The meeting was devoted to the economic and social developments in Russia and the former Soviet republics. Other members of the board include the former Russian prime minister Yegor Gaidar, four central bank governors (from Poland, Hungary, Romania, and Slovakia) and a number of prominent academics and EU officials.
Prof. Joseph Raz delivered the keynote address at a conference on Justice, Community and Democracy in Beijing in October. The title of his talk was "Political Liberty."
Carol Sanger, the Barbara Aronstein Black Professor of Law, is spending the 2003-04 year as a fellow at the Woodrow Wilson School at Princeton University in the Program on Law and Public Affairs (LAPA). This fall, she presented papers to the American Studies and Anthropology Departments as well as in the LAPA seminar series. In November, she is attending an international research conference at the University of Hildesheim in Germany. The subject of the conference is "Between Autonomy and Dependency: The Reproductive Rights, Pregnancy, and Motherhood of Young Women." Prof. Sanger also presented her recent work on judicial bypass hearings for teenagers seeking abortions without parental involvement in the United States.
Prof. Barbara A. Schatz led workshops in June in St. Petersburg and Yekaterinburg, Russia on forming and operating clinical programs in which students represent non-governmental organizations. Participants included law professors from Moscow, St. Petersburg, Archangelsk, Samara and Yekaterinburg. The workshops were co-sponsored by Columbia's Public Interest Law Initiative, which stimulates the development of public interest law in Central and Eastern Europe and countries of the former Soviet Union.
Prof. David M. Schizer presented a paper titled "Scaling Up and the Taxation of Risky Investments: Derivatives and the Search for Practical Applications" at the Harvard Seminar on Current Research in Taxation, as well as the Northwestern Law School Colloquium on Law and Economics. He also gave a paper titled "Scrubbing the Wash Sale Rules" at the University of Chicago Law School Federal Tax Conference. Prof. Schizer was named the Wilbur H. Friedman Professor of Tax Law and is serving again as co-chair of Columbia's appointments committee with primary responsibility for entry level hiring.
Prof. Hans Smit '58, Stanley H. Fuld Professor, was a principal speaker in May at the Congress of the International Council of Commercial Arbitrators in London which was attended by some 500 arbitrators from all over the world.
Prof. Peter L. Strauss, Betts Professor of Law, presented "Statutes That Are Not Static -- The Case of the APA" to faculty workshops at the Law School and at the University of San Diego Law School. He also participated in a workshop on China's draft administrative procedure law in San Francisco with Chinese and American administrative law scholars, under the auspices of Stanley Lubman '58 and the Asia Foundation. Prof. Strauss published the last element of the 10th edition of Gellhorn & Byse's Admininstrative Law: Cases and Comments (with Todd Rakoff and Cynthia Farina), its extensive teacher's manual; and Foundation Press accepted the most recent version of his materials for Legal Methods for publication during the coming year.
Prof. John Fabian Witt presented papers to the following workshops and organizations: Harvard Law School Outside Scholars' Faculty Workshop; the legal history colloquium at the UCLA Law School; the American Society for Legal History annual meetings; and the Brooklyn Law School Legal Theory Workshop. Along with a small number of academics, judges, and national policymakers, he will take part in the Robert H. Levi Leadership Symposium at Johns Hopkins in November on governmental compensation for civilian losses resulting from acts of terrorism or war.
Prof. Mary Marsh Zulack led a goals-setting session for the ten members of the Civil Appeals and Law Reform Unit of the Civil Division of the Legal Aid Society on September 17. The Legal Aid Society of New York renounced its federal legal services funding in 1996 when new restrictions would have prevented lawyers from pursuing class actions, challenging welfare regulations, and taking part in legislative advocacy. Reduced funding brought with it a responsibility to use its resources for maximum impact. The civil appeals unit (which includes Adrienne Holder '91) called on Prof. Zulack to design and lead a priority setting workshop to help the group systematize and examine litigation, organizing, legislative advocacy, and technology implementation goals for the future. The one-day retreat was held at the offices of Cleary Gottlieb.
"Introduction: The Ripples of NAFTA," a chapter in NAFTA Investment Arbitration: The First Ten Years (Todd Weiler, ed., forthcoming in 2004)
"Editorial Comment: Hegemonic International Law Revisited" in the American Journal of International Law (2003)
"Legal Unilateralism," chapter in Wars on Terrorism and Iraq: Human Rights, Unilateralism, and U.S. Foreign Policy (Margaret Crahan, John Goering, and Thomas G. Weiss eds., 2003)
"The Security Council's War on Terrorism: Problems and Policy Options," a chapter in Judicial Review of the Security Council by Member States (Erika de Wet and André Nollkaemper, eds., 2003)
"The New Dispute Settlers: (Half) Truths and Consequences" in 38 Texas International Law Journal 1 (2003)
"International Organizations as Law-Makers" in Proceedings of the Hague Joint Conference on Contemporary Issues of International Law held in July (forthcoming in 2004)
"The UN's ‘War' on Terrorism" in the 31 International Journal of Legal Information 208 (2003)
Prof. Mark Barenberg
"The Impact of the FTAA on Democratic Governance" (with Professor Peter Evans of the Berkeley Sociology Department) appears as a chapter in Prospects for Integration in the Western Hemisphere (Dani Rodrik, et al., eds, Harvard University Center on Latin American Studies, 2004)
An article on the past and future of labor law scholarship in The Oxford Handbook of Legal Studies (Peter Cane and Mark Tushnet, eds., 2003)
Drafted a brief for the New York City Council defending the constitutionality of the city's recently enacted "living wage" law
Prof. Vivian O. Berger '73
Columns in the National Law Journal: "Guns ‘N Ammo: Congress Aims Fatal Shot" (August 4) and "The Virtues of Mediation" (May 12)
Books reviews in the New York Law Journal:Hatred: The Psychological Descent into Violence by Dr. Willard Gaylin (July 15) and Justice at War: Civil Liberties and Civil Rights During Times of Crisis by Professor Richard Delgado (May 6)
Prof. George Bermann '75 LL.M.
"Marbury v. Madison: Implications for European Law" in the George Washington University Law Review
"Member State Liability in the State's Own Courts," a festschrift for Gil Rodriguez-Iglesias, outgoing president of the European Court of Justice
Prof. John C. Coffee, Jr.
"The Attorney As Gatekeeper: An Agenda for the SEC," 103 Columbia Law Review 1293 (2003)
"An Institutional Approach to Legal Indeterminacy" in the New York University Law Review
"Constitutional Existence Conditions and Judicial Review (with Matthew Adler) in the Virginia Law Review
Prof. Ariela Dubler
Her article "Wifely Behavior: A Legal History of Acting Married" which appeared in 100 Columbia Law Review 957 (2000) was quoted extensively in a Pennsylvania appellate court opinion published in September that abolished common law marriage in the state. The case was called PNC Bank Corp. v. Workers Compensation Appeals Board, 2002 WL 32165830 (Pennsylvania Commonwealth, September 17, 2003)
Prof. Jeffrey A. Fagan
"Atkins, Adolescence and the Maturity Heuristic: A Categorical Exemption for Juveniles from Capital Punishment" in the New Mexico Law Review (winter 2003)
Prof. E. Allan Farnsworth '52
Manuscript at publisher for new editions of one-volume student treatise and three-volume practitioner treatise on contracts
Manuscript almost finished for book on mistake tentatively titled Oops! The Waxing of Alleviating Mistakes
Contributor to festschrift for Professor Peter Schlechtriem titled "Oops, Mistakes and the Law: Skepticism and Proof"
"Modernization and Harmonization of Contract Law: An American Perspective" in 2003 Revue de droit Uniforme (Uniform Law Review) 97
Member of board of advisors for forthcoming edition of Blacks Law Dictionary
Prof. Robert A. Ferguson
"The Dialectic of Law and Religion in Early America" will be published in Modern Intellectual History
His book Reading the Early Republic will be published by Harvard University Press in the spring. The book reestablishes the central texts of the founding era in the complexity of their moment in order to posit a richer republican tradition for contemporary Americans to draw upon. Among the texts are political documents (such as The Federalist), early novels (such as The Coquette by Hannah Foster), diaries, epistolary exchanges, the architecture of the period, and central legal cases.
Prof. Richard N. Gardner
"Neither Bush nor the ‘Jurisprudes'" an essay on the Bush Administration's expanded concept of preemption appeared in the July issue of the American Journal of International Law as part of an agora titled "Future Implications of the Iraq Conflict"
Prof. Alejandro Garro
"Argentina Seeks to Confront Its Dark Past: Impunity laws," an opinion piece in the International Herald Tribune (September 30, 2003)
Prof. Jane C. Ginsburg
Cases and Materials on Legal Methods (with Teacher's Manual) (Second edition 2003)
Study on Transfer of the Rights of Performers to Producers of Audiovisual Fixations (with Prof. André Lucas) www.wipo.int/copyright/en/document AVP/IM/03/4 (a study prepared for the World Intellectual Property Organization, 2003)
"Copyright, Contracts, and the U.S. Professorate" forthcoming in Festschrift for Wilhelm Nordemann (2003) [will be published in 2004]
"From Having Copies to Experiencing Works: The Development of an Access Right in U.S. Copyright Law" [50] J. Copyr. Soc. [113] (2003)
"News from the US.: Developments in U.S. Copyright since the Digital Millennium Copyright Act," Part I, 196 Revue Internationale du Droit d'Auteur [RIDA] 127 (2003); Part II 197 RIDA 77 (2003)
Prof. Frank P. Grad '49
Completing the 55th update of his Treatise on Environmental Law
Completing the third edition of his Public Health Law Manual, which will be published as in the past by the American Public Health Association and which is widely used in schools of public health
Published Drafting State Constitutions, Revisions and Amendments: A Manual (with Professor Robert F. Williams '80 LL.M. of Rutgers University School of Law - Camden. Prof. Williams was a Chamberlain Fellow in Legislation, working with the Legislative Drafting Research Fund)
Prof. Louis Henkin
Preparing proceedings from a symposium on the Office of the UN High Commissioner for Human Rights held at the Law School in February 2002
Preparing for publication a Law Day address on War from Law to Metaphor, and a presentation before the American Philosophical Society on the influence of John Marshall (and Marbury v. Madison) on judicial review around the world.
Prof. Samuel Issacharoff
"The Enabling Role of Democratic Constitutionalism: Fixed Rules and Some Implications for Contested Presidential Elections"in 81 Texas Law Review 1985 (2003)
"Regulation for Conservatives: Human Decision Making and the Case for 'Asymmetric Paternalism' " (with Colin Camerer, George Loewenstein, Ted O'Donoghue, and Matthew Rabin) in 151 Pennsylvania Law Review 1211 (2003)
Prof. James S. Liebman
"A Broken System: The Persistent Patterns of Reversals of Death Sentences in the United States" (with Andrew Gelman & Valerie West) is under submission
"Madisonian Equal Protection" (with Brandon Garrett), forthcoming in 103 Columbia Law Review (2004)
"The Fragile Promise of Provisionality: Rejoinder to Respondents" (with Charles F. Sabel), forthcoming in 28 N.Y.U. J. L. & Soc. Change (2003)
"A Public Laboratory Dewey Barely Imagined: the Emerging Model of School Governance and Legal Reform" (with Charles F. Sabel), forthcoming in 28 N.Y.U. J. L. & Soc. Change (2002-03)
"Towards a New Scholarship for Equal Justice," 30 WM. MIT. L. Rev. 273 (2003)
"Legal Scholarship for Equal Justice: Panel Discussion" (with Beverly Balos, Eric Janus, and Tim Thompson), 30 WM. MIT. L. Rev. 295 (2003)
"The Federal No Child Left Behind Act and the Post-Desegregation Civil Rights Agenda," 81 No. Car. L. Rev. 1703 (2003)
Prof. Curtis J. Milhaupt '89
Completed work on a paper analyzing the role of non-profit organizations in the corporate governance reform movements of Japan, Korea and Taiwan. The paper has attracted attention among policy makers at the World Bank and the OECD, where finding ways to improve corporate law enforcement is a high priority
"Law's Dominion and the Market for Legal Elites in Japan" (with Mark West) Law and Policy in International Business (2003)
"Sarbanes-Oxley as Implemented by the SEC: A Preliminary Evaluation of its Significance for U.S. and Foreign Firms (and their Advisors)" in the Journal of the Korean Securities Law Association (in Korean)
Prof. Joseph Raz
"Numbers: with Contractualism and Without" (being an approach to the problem of aggregation and a critique of Scanlon's view on the subject) appeared in the December issue of the journal RATIO (with a reply by Scanlon).
Prof. Catherine Sharkey
"Punitive Damages as Societal Damages" in 113 Yale Law Journal 347 (2003)
"Punitive Damages: Should Juries Decide?" in 82 Texas Law Review (2003)
Prof. Peter L. Strauss
Published the teacher's manual of the 10th edition of Administrative Law (with Gellhorn and Byse)
Materials for Legal Methods will be published by Foundation Press this year
Prof. John Witt
"Narrating Bankruptcy / Narrating Risk" in the Northwestern University Law Review
He has begun work on a second book titled Histories of American Law: From Columbus's Notary to the Civil Rights Movement (Harvard University Press)
Law in a Nutshell: Transnational Litigation, West Publishing, 2003
Prof. Michael W. Doyle, ed. (with Jean-Marc Coicaud and Anne-Marie Gardner)
The Globalization of Human Rights, Tokyo: United Nations University Press, 2003
Prof. Curtis J. Milhaupt
Global Markets, Domestic Institutions: Corporate Law and Governance in a New Era of Cross-Border Deals, Columbia University Press, New York, 2003
Prof. John Fabian Witt
The Accidental Republic: Crippled Workingmen, Destitute Widows, and the Remaking of American Law, Harvard University Press, Cambridge, Mass., Feb. 2004
ael C. Dorf