Fall 2004

Faculty Activities

Professor Jose E. Alvarez, director of the Center on Global Legal Problems, delivered lectures on "The UN as Law-Maker" and "The UN and International Terrorism" and moderated a panel of scholars and practitioners on "International Crimes" during the Columbia-UNITAR Summer Institute of UN Studies held at Columbia in June. It was organized by Adjunct Professor Roy Lee and included Professors Louis Henkin, Lori Damrosch, and Michael Doyle. In July, Prof. Alvarez spoke at the UN Association's Business Council for the UN's Annual Symposium for Young Professionals on "Current Challenges Facing the Security Council" at UN Headquarters. In October, he spoke on NAFTA Investment Disputes as part of a panel for the International Law Association's International Law Weekend in New York; spoke at a conference at Harvard Law School on "Human Rights Issues Facing the UN"; and was the luncheon speaker at the International Law Day at Temple Law School, speaking on "American Exceptionalism."

Professor Mark Barenberg was the primary author of the AFL-CIO's landmark trade petition that led the U.S. and China to create a joint commission to monitor compliance with international labor rights in Chinese factories. Business Week called the 100-page petition "a milestone, for the first time articulating a coherent intellectual position in the debate over trade and labor rights. Prof. Barenberg gave several talks over the summer, including "Using Section 301 of the Trade Act to Enforce International Labor Rights" at a conference of the Labor Lawyers' Coordinating Committee, and "Promoting Labor Rights in China" at the International Center for Corporate Accountability, both in New York. In October, he participated in a roundtable on the relationship between human rights and labor rights at the Nathan Cummings Foundation. Also in October, he was on a panel of Columbia's Colloquium on Developing Countries in the WTO.

Vivian O. Berger, Nash Professor Emerita of Law, continues to pen columns for the National Law Journal. "Nip Issues in the Bud" (about workplace mediation) appeared on July 19, while "Time For a Real Raise" (on fees for assigned counsel in criminal cases) ran on September 13. This summer, she was reelected to the ACLU Board for her ninth three-year term and spoke at an ABA Meeting in Atlanta on workplace mediation with the federal government. In September, she spoke at an ACLU Press Breakfast on the juvenile death penalty in her role as an ACLU general counsel.

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), was named co-editor-in-chief of the American Journal of Comparative Law, with James Gordley (Berkeley) and Mathias Reimann (Michigan). In the late spring, Prof. Bermann moderated a panel at the Friedmann Conference of Columbia Law School on The Big Bang: EU Competition Law on the Eve of Enlargement; participated in the doctoral defense of Christian Petros Herrera '00 LL.M. on judicial cooperation in obtaining evidence abroad at the University of Bologna; presented a paper titled "Executive Power under the Draft European Constitution" at a conference of Princeton University and New York University Law School; and spoke on "Parallel Litigation in the United States" at the annual meeting of the ABA's International Law Section in New York. In July, he spoke on "Innovation in the Draft Constitution for Europe" at a panel of justices of supreme and constitutional courts at the University of Nice (France). Prof. Bermann is also currently supervising the American Bar Association Project on European Union Administrative Law.

Ellen Chapnick, Dean for Social Justice Initiatives, moderated an international panel of law professors and lawyers entitled Joint Efforts of Legal Clinics, Pro Bono Initiatives and Impact Litigation: Perspectives for the Future, at the inaugural meeting of the Knowledge Development Group on Legal Clinics and Public Interest Law in Sao Paulo, Brazil on October 13-14, 2004. She also moderated a panel on Access to Justice during the IV International Human Rights Colloquium on October 13, 2004. Closer to home, she participated in the "Convocation on Developing Professional Values in Law School" of the NY State Judicial Institute on Profession in the Law on November 9-10, 2004 in Albany, New York. Dean Chapnick joined scholars and practitioners on a panel entitled Defining Professionalism for Students.

John C. Coffee, Jr., the Adolf A. Berle Professor of Law, made several recent trips to Europe to lecture on corporate governance. In July, he spoke in Brussels on "Why Corporate Scandals Are Different in the U.S. and Europe" at a conference jointly hosted by the ALI and the European Corporate Governance Institute. In September, he spoke in Berlin at a conference hosted by the German-Japanese Center and the Max Planck Institute on "Gatekeepers Revisited: What Happened in the 1990s." Also, in September, he was the keynote speaker at a conference in London on "Corporate Governance Post-Enron," sponsored by the British Institute on International and Comparative Law, the University of London and the Stockholm School of Business. In October, Prof. Coffee gave the 56th annual John Randolph Tucker Lecture at Washington and Lee Law School, speaking on the topic of "Will We Ever Again Trust Securities Analysts?" Also that month and in November, Prof. Coffee spoke at the ALI's first annual Sarbanes-Oxley Institute meeting in Washington, D.C., the ABA National Institute on Class Actions in New York and New Orleans, the PLI's annual Institute on Securities Regulation, a Hofstra Law School conference on corporate governance and in Hawaii at the annual convention of the Association of Business Trial Lawyers.

Michael W. Doyle, the Harold Brown Professor of United States Foreign and Security Policy, was elected chair of the Academic Council of the United Nations System this past June and addressed the annual meeting in Geneva whose theme was "Human Security." In September, he spoke as a member of a plenary panel on "Empire: Then and Now" at the American Political Science Association annual convention in Chicago. He compared recent efforts by the United States to remake the Middle East in its image to past efforts by imperial powers to shape the international orders they dominated. While the ambitions are not dissimilar, he argued, the conditions that made empires cheap and stable in the past are not present in contemporary world politics.

Professor Ariela Dubler presented a paper titled "Wives, Concubines, and Legal Definitions of Sexual Immorality" at the meetings of the American Society for Legal History in Austin, Texas, in October. She also delivered a lecture on "The Right to Marry: Some Lessons from History" to Columbia's Society of Fellows in the Humanities.

Hal Edgar '67, Julius Silver Professor of Law, Science and Technology, gave a paper in Paris in July at a program directed to the international debate on intellectual property rights. Also, Prof. Edgar became chairman of the board of the Hastings Center, the leading independent bioethics research center in the United States.

Jeffrey A. Fagan, professor of law and public health, delivered a paper in September titled "Policing, Order Maintenance and Legitimacy" at the fifth annual Conference on Policing in Central and Eastern Europe - Dilemmas of Contemporary Criminal Justice at the University of Maribor in Ljubljana, Slovenia. In October, he presented a paper on the unintended and adverse effects of drug laws and enforcement strategies at a workshop on behavioral and economic research on drug abuse at the National Institute on Drug Abuse. He presented a paper in November titled "The Decline of the Juvenile Death Penalty: Scientific Evidence of Evolving Norms" at a symposium on capital punishment at Northwestern University Law School. His research continues on social and legal strategies to suppress illegal gun markets.

Robert A. Ferguson, the George Edward Woodberry Professor in Law, Literature, and Criticism, is the Julian Abernethy Visiting Lecturer this year at Middlebury College. In October, he gave a lecture titled "Generational Divides in American Culture." The lecture is a prolegomenon for a book he will write after finishing a current manuscript on the trial in American life. In December, he and Prof. Barbara Black will appear on a panel on John Jay and his papers at a conference titled "Columbia's Legacy: Friends and Enemies in the New Nation" held at the University. Also that month, he is to appear as one of four intellectual historians in a public forum called "Alexander Hamilton: New York Lawyer and Advocate for the Constitution" at the New-York Historical Society. The forum is sponsored jointly by the Association of the Bar of the City of New York and the Gilder Lehrman Institute of American History. Prof. Ferguson also continues to give various readings from his most recent book, Reading the Early Republic.

George P. Fletcher, the Cardozo Professor of Jurisprudence, delivered a lecture in September to the International Criminal Court (ICC) in The Hague. The lecture covered the comparative role of prosecutors in common law and civilian legal traditions. ICC prosecutors are caught between both worlds and are intensely interested in comparative legal analysis. The issues included their relationship between prosecutors and victims, the relevance of a right to appeal, the issue of discretion and other questions that divide the common law and civilian worlds.

Ronald J. Gilson, the Marc and Eva Stern Professor of Law and Business, delivered lectures at Cambridge University on the use of MAC clauses in corporate acquisition agreements and on the role of controlling shareholders in corporate governance in November. In the same month, he lectured at a Danish Bar Association conference on the aftermath of Sarbanes-Oxley. In December, he will lecture at a program for corporate directors in Hong Kong.

Merritt B. Fox, the Michael E. Patterson Professor of Law and co-director of the Center for Law and Economic Studies, gave comments titled "Corporate Federalism in Europe" at a conference at Tilburg University in the Netherlands in November. Also that month, he delivered the C.V. Starr Lecture at New York Law School titled "Whose Disclosure Laws Ought to Apply to Cross-Border Securities Transactions?"

Professor Katherine Franke, co-director of the Center for the Study of Law and Culture, served as convener and organizer of the third Law & Humanities Junior Scholar Interdisciplinary Workshop at UCLA Law School in June. The workshop is the culmination of a juried writing competition in which the junior scholars' work is discussed and critiqued by a cadre of prominent senior scholars. The list of participants can be found here . In July, Prof. Franke began work with justice sector reformers in Afghanistan, with a focus on women's rights. That month, she visited Kabul and met with representatives from the Afghan Commission on Human Rights, the Ministry of Women's Affairs, the dean of the Kabul University Law School, and others. She returned to Kabul in November to continue developing a women's rights clinic at the law school and to assist the legal department at the Ministry of Women's Affairs. In September, she spoke at a symposium on legal borderlands organized by American Quarterly Magazine in Los Angeles and also moderated a panel at Columbia titled "Heterosexuality and its Discontents."

Adjunct Professor Alejandro Garro participated at a conference on the Unidroit Convention on "International Interests on Mobile Equipment" (Cape Town Convention adopted in 2002) in October. During the event, he had the chance confer with members of the Mexican Supreme Court and address the Mexican Senate in a hearing on the adoption of the treaty, together with the Secretary-General of Unidroit.

Richard N. Gardner, Professor of Law and International Organization, published Mission: Italy, a memoir about his years as U.S. ambassador to Italy. The American edition of the book, published by Mondadori in Italy, will appear later this year. The book was presented in Rome in the Italian Parliament by two former Italian Prime Ministers, Francesco Cossiga and Giuliano Amato '63 M.C.L. Other presentations took place in Milan, Florence, Turin and Venice with some of Italy's leading political, business, and academic personalities. The book was enthusiastically reviewed in major Italian daily and weekly publications as a major contribution to the history of the Cold War and of U.S.-Italian relations. Prof. Gardner served as a visiting scholar at the European University Institute in Florence for four weeks in May and June. He gave lectures on international law and U.S. foreign policy while participating in seminars related to the new European Constitution. Prof. Gardner continues to teach his seminar in Legal Aspects of U.S. Foreign Economic Policy. First taught in 1957, this is the longest running seminar in the Law School.

Professor Philip Genty conducted a training session on parole issues for lawyers in the Legal Aid Society Criminal Appeals Bureau in April. In June, he conducted a training session for volunteer attorneys in the Incarcerated Mothers Law Project, coordinated by Volunteers of Legal Services, Inc. (VOLS) and the Women's Prison Association. In July, Prof. Genty was a small group leader at the Global Alliance for Justice Education International Conference in Cracow, Poland. In October, he was a moderator for a conference called "Worldwide Clinical Education: Experiences, Perspectives and Reflections" at Catholic University in Washington, D.C. In November, he served as a resource person for regional teacher training, which was held at the Kiril and Metodij University, Skopje, Republic of Macedonia. In December, he will visit Hebrew University in Jerusalem to hold seminars and lectures for Hebrew University faculty, clinical faculty from other law schools and some members of the general public. He will also visit community organizations and prisons with which the clinical faculty work.

Jane C. Ginsburg, the Morton L. Janklow Professor of Literary and Artistic Property Law and co-director of the Kernochan Center for Law, Media and the Arts, is spending the 2004-05 academic year as the Arthur L. Goodhart Visiting Chair of Legal Science at Cambridge University, where she is also a fellow of Emmanuel College. While at Cambridge, she is teaching a graduate course on international intellectual property law. At a seminar to inaugurate the Center for Intellectual Property and Information Law at Cambridge, she gave a lecture titled "Future Directions for Copyright Research in the United States."

Professor Jack Greenberg '48, during the summer and fall, spoke at many venues on Brown v. Board, among them: Montclair, N.J. schools; the National Bar Association annual convention; Claymont, Dela., on litigation desegregating the town's high school; the Wharton Club of New Jersey; the Chicago Bar Association; Roanoke College; Rhodes College; and Columbia alumni. In June, he spoke at the Open Society Institute on Litigation for Social Change and was also a speaker at a master's tea held at Morse College, Yale University, in October. Also that month, he chaired a symposium with Supreme Court Justice Ruth Bader Ginsburg '59 and South Africa Chief Justice Arthur Chaskalson on comparative constitutional law at the Law School. In November, he received the NAACP LDF Thurgood Marshall Lifetime Award, as well as an award from the NAACP LDF of Princeton, N.J. In December, he will travel to Johannesburg, South Africa, as a conferee at the South Africa Constitutional Court Conference on landmark cases and lecture, on behalf of the U.S. State Department, at various locations throughout South Africa.

Michael Heller, the Lawrence A. Wien Professor of Real Estate Law, is writing a book on property theory this year as a fellow at the Center for Advanced Studies in the Behavioral Sciences in Stanford, Calif.

Samuel Issacharoff, the Harold R. Medina Professor in Procedural Jurisprudence, spoke on the political process cases of the 2003 U.S. Supreme Court Term at the plenary session of the Fifth Circuit Judicial Conference in Austin in May. He spoke on "The Constitutionality of Tort Reform" at the American Constitution Society's annual conference in Washington, D.C., in June. In September, he presented "Principles of the Law of Aggregate Litigation" at Vanderbilt Law School and spoke to a Vanderbilt legal theory workshop on "Judicial Review of Partisan Gerrymanders." Also that month, he delivered a talk titled "Ensuring That Class Action Settlements Are Fair, Reasonable and Adequate" at a workshop on Protecting Consumer Interests in Class Actions, sponsored by the Federal Trade Commission. In October, he was a commentator at the first Junior Empirical Legal Scholars Conference at Cornell Law School and also presented "Collateral Damage: The Endangered Center in American Politics" at NYU Law School. He spoke on the political process cases of the 2003 Supreme Court to Columbia Law School, presented "Judicial Review of Partisan Gerrymanders" at George Washington Law School, gave a talk titled "Mass But Not Class" at the ABA National Institute on Class Actions in New York, and presented "Presidential Elections and the Supreme Court" at a joint conference of Whittier Law School and UC Irvine, all in October. In November, he made three presentations: "Contested Politics/Uncontested Elections" at Cornell Law School and at a conference at the Library of Congress sponsored by George Washington Law School and "The Inevitability of Aggregate Settlement: An Institutional Account of American Tort Law" at Brooklyn Law School.

Avery W. Katz, the Milton Handler Professor of Law, taught a one-week course in July on "The Economics of Contract Law" to Ph.D. students in economics and in law at University of Hamburg. In October, he participated as commentator at a conference titled "Real Options and the Law" at the University of Virginia Law School; presented a paper titled "Remedies and the Convention for the International Sale of Goods" at a NYU-sponsored conference in Florence, Italy; and presented a draft article called "Is Electronic Contracting Different?" to a faculty-student workshop at Northwestern University School of Law.

Professor Benjamin L. Liebman, director of the Center for Chinese Legal Studies, participated in a conference on Japanese law hosted by Cornell Law School in May. In July, he testified at a Roundtable on Access to Justice in China held by the Congressional-Executive Commission on China in Washington, D.C. In November, he participated in a conference called Regulatory Compliance in China: The Lessons of Regulatory Effectiveness at the Georgetown Law Center. In November Prof. Liebman spoke on a panel about legal and economic development in China at the Net Impact Conference hosted by Columbia Business School.

Curtis J. Milhaupt '89, Fuyo Professor and director of the Center for Japanese Legal Studies, gave the keynote speech at a conference on corporate governance in Tokyo in August. In September, he presented a paper titled "Pathways of Change: Foreign Legal Transplants and Japanese Corporate Reform" at a Max-Planck Institute conference in Berlin. In October, he gave a paper titled "Choice as Regulatory Reform: The Case of Japanese Corporate Governance" (co-authored with Prof. Ronald Gilson) at the annual meeting of the International Society for the New Institutional Economics in Tucson, Ariz. Prof. Milhaupt also participated in a bilateral symposium on the U.S.-Japan financial system in Portsmouth, N.H. This fall, he taught a new seminar with Prof. Katharina Pistor called Law and Capitalism, which seeks to understand the relationship between legal institutions and market-oriented systems of production and exchange. Students read a large body of theoretical and empirical literature on such topics as legal transplants, the impact of the common law/civil law distinction, comparative corporate governance and the informal sector and prepared "institutional autopsies" on recent corporate scandals around the world.

Professor Edward R. Morrison presented a paper titled "Serial Entrepreneurs and Small Business Bankruptcies" (co-authored with Douglas G. Baird) at workshops at Cornell Law School, Columbia Law School and Boalt Hall during fall semester. He also presented "Derivatives and Systemic Risk: What Role Can the Bankruptcy Code Play?" at a conference hosted by the Federal Reserve Bank of Chicago. The paper (co-authored with Franklin R. Edwards of Columbia's Graduate School of Business) is appearing this year in a conference volume published by MIT Press. At the tail end of spring semester 2004, Prof. Morrison presented "Optimal Timing of Judicial Decisions in Bankruptcy" at Columbia's Graduate School of Business. He also moderated a panel on Bankruptcy and Creditors Rights at the annual meeting of the American Law and Economics Association.

Professor Joseph Raz gave a lecture at Brown University on well-being and a paper on instrumental rationality at this year's Warren Quinn Memorial Conference at UCLA. He also will attend a graduate seminar on some of his published work at UNC at Chapel Hill. He is organizing and participating in a conference on the question "Is Terrorism a Distinctive Moral Category?" at Columbia University in December. Prof. Raz also is co-organizing and participating in a workshop on the nature of value at Rutgers University.

Carol Sanger, the Barbara Aronstein Black Professor of Law, gave a paper titled "Regulating Teenage Abortion: Parental Involvement Statutes and the Misuse of Law" at the Institute for the Study of Social Change at the University of California at Berkeley in September and at the Institute for Research on Women and Gender at Columbia University ("In the House" series) in October.

Professor Barbara A. Schatz taught a course in July at Tokyo University called The Lawyer-Client Relationship: An Introduction to Professional Responsibility and the Role of the Lawyer in the U.S. She also lectured at Doshisha University in Kyoto. At the Global Alliance for Justice Education conference in Krakow, Poland, Prof. Schatz led two sessions considering how to promote clinical legal education in Europe in light of European Union efforts to both reform and harmonize higher education in Europe. In October, she was a speaker at Catholic University's conference on worldwide clinical education.

Professor Catherine Sharkey's testimony last summer before the California State Assembly Committee on the Judiciary (regarding Governor Schwarzenegger's proposal to divert 75 percent of punitive damages awards to the state), as well as her article "Punitive Damages as Societal Damages" (which appeared in The Yale Law Journal in November 2003), were featured in articles in The New York Times, National Law Journal, Los Angeles Times, CFO Magazine and Lawyers Weekly USA. A second article, "Revisiting the Noninsurable Costs of Accidents" (forthcoming in Maryland Law Review), was cited by the 5th Circuit Court of Appeals in an August decision regarding the insurability of punitive damages. In September, Prof. Sharkey participated as a commentator on empirical research at the Judicial Symposium on Punitive Damages: The Law, the Jury and the Judge, sponsored by the AEI-Brookings Joint Center for Regulatory Studies. In October, she presented a paper titled "Dissecting Damages: An Empirical Exploration of Sexual Harassment Awards" at the Junior Empirical Legal Scholars Conference at Cornell Law School. She also delivered a lecture, "A New Use of Class Actions: Remedying Societal Harms," at the Thomas F. Lambert Tort Law Conference on Sophisticated New Tort Theories at Suffolk University Law School. In November, Prof. Sharkey presented a paper titled "Crossing the Punitive-Compensatory Divide" at the CLS Faculty lunch workshop. She is also presenting the paper in December at the Law & Economics Workshop at Berkeley.

Peter L. Strauss, Betts Professor of Law, participated in the Columbia-Leiden Program in American Law in July in Leiden, the Netherlands, teaching a course on Legislation and the Institutions of American Public Law. This fall, he visited the James E. Rogers College of Law of the University of Arizona, where he gave a paper titled "Citizens to Preserve Overton Park v. Volpe," an element of a book, Administrative Law Stories, that he is editing for Foundation Press.

Susan P. Sturm, the George M. Jaffin Professor of Law and Social Responsibility, presented a talk titled "Embedding Institutional Change" at the Impact Leadership Conference of the National Legal Aid and Defenders Association in May. She also presented a paper called "New Governance and the Architecture of Mobilization, Accountability, and Institutionalization: Lessons from Gender Equity Regimes" in Cambridge, England, at a workshop on New Governance and Constitutionalism in Europe and the United States and at a conference on New Legal Realism at the University of Wisconsin in June. She gave a talk at the Ivy League Affirmative Action Conference on Gender Equity in Universities in October. Finally, Prof. Sturm will give a presentation on "Constructing Gender Equity Regimes" in December at a national workshop on Women, Work and the Academy: Strategies for Responding to ‘Post-Civil Rights Era' Gender Discrimination.

Kendall Thomas, Nash Professor of Law and co-director of the Center for the Study of Law and Culture, gave the Derrick Bell Lecture on Race in American Society on "Condoleeza Rice and Wanda Jean Allen" at New York University School of Law. He also delivered the following papers: "U.S. Constitutional Law and the Uses of Social Science" at a conference on the social sciences in St. Petersburg, Russia (co-sponsored by Bard College and Smolny College); "Imagining Lesbian Legal Theory" at a conference honoring the scholarship of CUNY Law School Professor Ruthann Robson; and "Capital Punishment and the Politics of Enjoyment" at the annual meeting of the Modern Language Association. He also presented papers this fall to faculty workshops at Yale Law School and the University of Toronto Law School. On a separate note, Professor Thomas was the featured performer over the Columbus Day Weekend at the Oak Room, the cabaret-supper club of the famed Algonquin Hotel in New York. In the show, "Old Friends," Prof. Thomas sang and played piano with his college roommate. Both were members of the 1978 Yale Whiffenpoofs.

Professor John Fabian Witt was in residence this fall at the University of Texas in Austin as the School of Law's first Harrington Faculty Fellow. Prof. Witt appeared on a panel to discuss Robert Ferguson's recent book, Reading the Early Republic, and gave comments on a paper by Daniel Ernst of the Georgetown Law Center at the Columbia Legal History Series. He also gave papers at the University of Texas Legal Theory Workshop, the University of Southern California Legal Theory Workshop, Columbia Law School's new 10-or-10 workshop (lunch series for the presentation of still-in-development ideas by faculty) and the annual meeting of the American Society for Legal History (ASLH). In September, he was appointed to the Program Committee for the ASLH's 2005 meeting in Cincinnati.


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Faculty Publications

Prof. Jose E. Alvarez
  • "Do States Socialize?" forthcoming in the Duke Law Journal

Prof. Mark Barenberg

  • "The FTAA's Impact on Democratic Governance" in Integrating the Americas (Antoni Estevadeordal, et al., eds.) (Harvard University Press 2004)
  • "The Condition of the Chinese Working Class," Dissent (Summer 2004).

Prof. George Bermann

  • 2004 supplement to Bermann, Goebel, Davey & Fox's Cases and Materials on European Union Law (West)
  • "Marbury v. Madison and European Union ‘Constitutional Review'" in 36 George Washington University International Law Review 557 (2004)
  • U.S. Report on Binding Third Parties to Arbitration Agreements and Awards for a general report by Prof. Pierre Maier of the University of Paris I  

Prof. Jeffrey A. Fagan

  • "The Decline of the Juvenile Death Penalty: Scientific Evidence of Evolving Norms" in the Journal of Criminal Law and Criminology
  • "Neighborhood Risks of Violence against Women" in Gender, Offending, and Victimization (K. Heimer et al., eds.) (New York University Press)
  • "Skim Milk Masquerading as Cream: Causal Inference and the Boston Gun Project" in Prospects and Problems in an Era of Police Innovation (D. Weisburd and A. Braga, eds.) (Cambridge University Press)

Prof. Merritt Fox

  • "Law, Share Price Accuracy and Economic Performance: The New Evidence" (with Artyom Durnev, Randall Morck, and Bernard Yeung) in 102 Michigan Law Review 331
  • "Optimal Regulatory Areas for Securities Disclosure" in 81 Washington University Law Quarterly 1017
  • "Measuring Share Price Accuracy" in 1 Berkeley Business Law Journal 113.

Prof. Jane C. Ginsburg

  • "The (New?) Right of Making Available" in Intellectual Property in the New Millennium: Essays in Honor of William R. Cornish (David Vaver and Lionel Bently, eds.) (Cambridge University Press, 2004)

Prof. Zohar Goshen

  • "The Essential Role of Securities Regulation" in Columbia Law and Economics Research Paper No. 259

Prof. Jack Greenberg '48

  • "Race and Education: The History, the Status, the Prospect" in On the Right Side of History: Lessons from Brown (Southern Education Foundation, 2004)
  • "Brown v. Board of Education: An Axe in the Frozen Sea of Racism" in Dissent (Fall 2004)
  • "Charles L. Black: His Heart and Mind" in 92 Georgetown Law Journal 859 (2004)

Prof. Samuel Issacharoff

  • "Essay: Is Section 5 of the Voting Rights Act a Victim of Its Own Success?" in 104 Colum. L. Rev. 1710 (October 2004)

  • "Constitutionalizing Democracy in Fractured Societies" in Texas Law Review (forthcoming)

  • "Where to Draw the Line?: Vieth v. Jubelirer, Cox v. Larios, and Judicial Review of Political Gerrymanders" in University of Pennsylvania Law Review  (forthcoming)

Prof. Avery Katz

  • "The Option Element in Contracting" in the Virginia Law Review (December 2004) 
  • "Vertragsrecht im Zeitalter des Internets: Eine ökonomische Perspektive" ("Contract Law in the Age of the Internet: An Economic Analysis") in Ökonomische Analyse des Sozialschutzprinzips im Zivilrecht (Economic Analysis of the Social Protection Principle in Civil Law) (Hans-Bernd Schäfer and Claus Ott, eds.) (Mohr Siebeck, 2004)

Prof. Louis Lowenstein '53

  • "True Believers: Surprise! Some Value Investors Actually Clung to Their Investment Credos during the Bubble" in Barron's (October 11). The article describes how 10 value funds escaped the heavy losses of the so many investors who had bought the New Economy stocks and how, applying traditional Graham and Dodd principles, they far outperformed the market index over the turbulent five years 1999-2003, in contradiction to what traditional economic theory would have predicted.

Prof. Gillian Metzger '95

  • "Facial Challenges and Federalism" in the March issue of the Columbia Law Review

Prof. Curtis J. Milhaupt '89

  • "Prescribing the Pill in Japan?: Foreword to the Hostile M&A Conference Issue" in the Columbia Business Law Review (2004)

Prof. Edward Morrison

  • "Derivatives and the Bankruptcy Code: Why the Special Treatment?" in Columbia Law and Economics Research Paper No. 258

Prof. Joseph Raz

  • "Personal Practical Conflicts" in Practical Conflicts: New Philosophical Essays (P. Baumann and M. Betzler, eds.) (Cambridge University Press, 2004)
  • "Incorporation by Law" in 1 Legal Theory 10 (2004 )
  • "The Force of Numbers" in Modern Moral Philosophy (Royal Institute of Philosophy Lectures for 2003) (Cambridge University Press, 2004)
  • "Can There Be a Theory of Law?" in The Blackwell Guide to the Philosophy of Law and Legal Theory (Martin Golding, William Edmunson, eds.) (Blackwell Publishers, Malden, Mass.,2004)

Prof. Carol Sanger

  • "Regulating Teenage Abortion in the United States: Politics and Policy" in 18 International Journal of Law, Policy and the Family 306 (2004)

Dean David Schizer

  • "Balance in Taxation of Derivative Securities: An Agenda for Reform" in 104 Colum. L. Rev. 1886 (November 2004)

  • "Market Bubbles and Wasteful Avoidance: Tax and Regulatory Constraints on Short Sales" in Tax Law Review (forthcoming)

Prof. Susan Sturm

  • "Equality and the Forms of Justice" in the University of Miami Law Review
  • "Learning From Conflict: Reflections on Teaching About Race and Gender" in the Journal of Legal Education


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Faculty Books

  • Economic Organizations and Corporate Governance in Japan: The Impact of Formal and Informal Rules
    Professor Curtis J. Milhaupt '89 ( with Mark D. West '93) (Oxford University Press, 2004) 

    In this book, Profs. Milhaupt and West show that institutions play a crucial and heretofore overlooked role in the structure of the Japanese economy, which often is portrayed as being governed exclusively by interpersonal relations and bureaucratic fiat. The book - which analyzes the role of formal rules (law and regulations) and informal rules (norms, practices and shared beliefs) - demonstrates that despite outward appearances of a decade of stagnation in Japan, these rules are changing significantly. The evidence suggests that in the mix of formal and informal rules that govern Japanese firms and set the incentive structure for other economic actors, law is gaining in importance. The book examines the areas of corporate governance and finance, mergers and acquisitions, financial regulation and markets for everything from venture capital to legal talent and organized crime. The book's emphasis on the centrality of institutions, institutional change, and responses to change portray an economy far different from those provided by previous accounts. The authors provide a wealth of previously unexplored data on the Japanese economy and legal system, and demonstrate the importance of a sound incentive roadmap for the country's economic recovery and transition.

  • Foundations of Intellectual Property
    Professor Jane C. Ginsburg (with Robert P. Merges '95 JSD) (Foundation Press, New York, 2004) 

    These two seasoned intellectual property scholars, have pulled together many of the most influential commentaries in the intellectual property field in one accessible, highly useable volume. They have incorporated excerpts from the scholarly literature up through the year 2000, as well as notes and citations referencing even more recent sources, thus including readings that capture current debates as well as timeless themes from the history of intellectual property. The book is comprehensive, yet its writing is compact. The result is a resource that is sure to become a standard reference for students and scholars interested in intellectual property law and its underlying policies.

  • International Law and Organization: Closing the Compliance Gap
    Professor Michael Doyle (with Edward Luck, eds.) (Rowman and Littlefield, Lanham, Md., 2004)

    While the 20th century was a heyday for the development of international norms and agreements, the 21st century opened with an abundance of international law but a dearth of international institutions for monitoring or implementing it. Thus compliance in areas such as arms control, human rights, environmental protection and trade has become a major challenge of the new millennium. This book addresses compliance issues from general and theoretical perspectives as well as from the specifics of key case studies. From around the world, the 17 distinguished authors of these original interdisciplinary essays tackle some of the most urgent challenges to international law today, ranging from child soldiers in Africa to American exceptionalism.

  • American Law in a Global Context: The Basics
    George Fletcher
    and Steve Sheppard '00 LL.M. (Oxford University Press, 2004)

    Whatever your background, if you seek an understanding of the legal system of the United States, this is the book for you. American Law in a Global Context is an elegant and erudite introduction to the American legal system from a global perspective. It covers the law and lawyering tools taught in the first year of law school, explaining the underlying concepts and techniques of the common law used in U.S. legal practice. The ideas central to the development and practice of American law, as well as constitutional law, contracts, property, criminal law and courtroom procedure, are all presented in their historical and intellectual contexts, accessible to the novice but with insight that will inform the expert. Actual cases illuminate each major subject. The book, based on Prof. Fletcher's course for international lawyers studying American law, also contrasts America's legal system with others, especially those of continental Europe. The comparison makes the core concepts of U.S. law easily understandable to readers from other systems and offers a unique perspective on American law as part of global network of laws. Appendices include an introduction to the common law method, instruction on how to read a case and the interpretation of statutes.

  • Law and Governance in an Enlarged European Union
    George Bermann '75 LL.M.
    and Katharina Pistor, eds. (Heritage Publishing House, 2005)

    This book's principal aim is to critically address the institutional and substantive legal issues resulting from European enlargement, concentrating on the legal foundations on which the enlarged European Union (EU) is being built. The accession of new member states - especially those of Central and Eastern Europe - creates the potential for a stronger and more powerful Europe, but realizing this potential will depend on the successful development of effective governance structures both at European and member states levels. This book, containing the work of leading social scientists and policymakers, examines the current and future legal framework for EU governance and the role that new members will - or will not - play in the creation of that framework. It is a book which will contribute to and influence debates over constitutionalism and legal harmonization in the EU.

  • French Business Law in Translation Professor
    George Bermann '75 LL.M.
    (with P. Kirch) (Juris Publishing, Huntington, N.Y., 2004)

    This publication is an entirely new translation of major French legal texts, directed specifically to the business community and to legal practitioners and members of the legal academy who deal with business law issues concerning France. In a French setting, transactional work invariably involves not only fundamental contractual concepts set out in the Civil Code, but also securities law, intellectual property, competition, tax and labor law considerations, all covered in this book. Other sections (there are 15 in all) an introduction to the constitution of France and the European treaties, consumer protection, labor law and environmental law. The selection of translated material enables the reader to understand the fundamentals of each area of law, as conceived by the legislator, the French government and, in certain cases, independent regulatory authorities.


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