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Spring 2004

• Faculty Activities
• Faculty Publications
• Faculty Books

Faculty Activities

Vivian O. Berger, the Nash Professor Emerita of Law, did a "talk-back" in February after The Exonerated, an off-Broadway play that relates the stories of six inmates who got off death row after their innocence was established. During the talk-back, Prof. Berger gave background on capital punishment and answered questions from the audience.

George A. Bermann '75, Walter Gellhorn Professor of Law, Jean Monnet Professor of European Union Law, and director of the European Legal Studies Center, spoke on "What's Constitutional about the New Constitution?," a comment on an address by Giuliano Amato, vice-president on the Convention on the Future of Europe, at the Law School in October. He participated in workshops in Barcelona in October and Brussels in January on judicial cooperation between the European Union and the United States. In February, his final report to the American Bar Association on the design of an ABA study of the EU administrative process was approved by the ABA at its mid-winter meeting in San Antonio. Also that month, he spoke on "The EU as a Constitutional Experiment" in a series on Challenges of International Governance at the Law School.

Vince Blasi, the Corliss Lamont Professor of Civil Liberties, will participate in a panel discussion in April at the University of Virginia School of Law on The Age of McCarthy. In May, he will deliver a paper titled "Holmes and the Marketplace of Ideas" at the University of Chicago Law School.

John C. Coffee, Jr., Adolf A. Berle Professor of Law, spoke at the annual convention of the American Economics Association in San Diego in early January and returned to San Diego at the end of the month as a featured speaker on the opening panel of the Securities Regulation Institute, which is sponsored by Northwestern University. In February, Prof. Coffee served as a moderator and panelist at UCLA's Institute on Mergers and Acquisitions at its inaugural conference, titled "Seven Days of M & A at UCLA"; his talk focused on then ongoing Disney control contest. In March, he was the moderator of the opening panel of the ABA's National Institute on White Collar Crime in Miami, which focused on recent prosecutions, including that of Martha Stewart. Also that month, he was a panelist at an SEC sponsored "Roundtable" in Washington, D.C., called to consider recent SEC proposals to open up access to the proxy statement. Later in March, he spoke on the impact and significance of cross-listings by foreign issuers at a conference sponsored by the New York Stock Exchange in Sarasota, FL. Also in March, he delivered a working paper at the Law and Economics Workshop at Boalt Law School in Berkeley, CA and traveled to Paris to speak at a University of Paris workshop that seeks each year to examine a legal doctrine from both the perspectives of the civil law and the common law. This year the focus was on punitive damages. In April, Prof. Coffee will give the annual Distinguished Scholar lecture at Boston University Law School on the topic of "Gatekeeper Failure and Reform: The Search for Relevant Reforms." Finally, at the end of April, he will address the judges of the Second and Third Circuits on the topic of "Recent Developments in Securities Litigation" at a joint judicial conference being held at the Mohonk Mountain House in upstate New York.

Kimberlé Williams Crenshaw continues to be a regular guest on NPR's Tavis Smiley show. Recent programs addressed parallels between the Michael Jackson and Lionel Tate cases, the current meaning of liberty and freedom in America, and race considerations in drug offenses. Prof. Crenshaw also appeared on CNN's Sunday Night show in January. Also that month, she was a participant on a panel discussion titled "Is Opportunity Equal? 50 Years After Brown v. Board of Education" that was part of the Primo Lecture Series on Martin Luther King, Jr. Day in Delaware. The series was sponsored by DuPont.

Professor Michael C. Dorf was the moderator for a Fred Friendly Seminar on "Reporting on Bio-terrorism," recorded at the Columbia Journalism School in January. He presented a paper on the cultural assumptions of the Second Amendment debate at a conference at Fordham Law School. Prof. Dorf has also chaired the dean search committee for a successor to Dean David W. Leebron, who will become the president of Rice University in July.

Professor Ariela Dubler delivered a paper on the history of legal definitions of concubinage within the context of immigration restrictions prohibiting entry into the U.S. for an "immoral purpose" at the Law Culture and the Humanities Conference at the University of Connecticut Law School. In addition, along with Professor John Witt, she gave a presentation to the Columbia Law Women's Association as a part of National Women's History Month. Profs. Dubler and Witt also continue to run the Columbia Program in Law and History, which hosted three legal history workshops in the spring semester.

Jeffrey A. Fagan, Professor of Law and Public Health, gave a lecture in January at the Centers for Disease Control, titled "Legal Mobilization as Collective Action: Community Justice and Violence Prevention." Also in January, he organized a conference in Paris on European Perspectives on Legitimacy and the Criminal Law. In February, he gave a lecture at the Center for Studies in Criminology and Law at the University of Florida on "Gun Markets and Gun Violence: Social Science Evidence in Gun Litigation." In March, he presented a paper at the annual meeting of the Society for Research on Adolescence titled "Rational Choice and Developmental Theories of Legal Socialization among Adolescents." He will be a discussant at a conference on Urban Violence in Contemporary Europe: A Comparative Assessment, at Humboldt University in Berlin in April. He will present a paper in May titled "Drug Control and Social Control in Public Housing" at a seminar on Crime in Public Housing at Kennedy School of Government at Harvard. In April, he will receive a grant from the U.S. Department of Justice to study legal strategies to suppress gun markets in Chicago titled Project Safe Neighborhoods.

George P. Fletcher, Cardozo Professor of Jurisprudence, addressed groups of legal scholars and international lawyers in Tel Aviv in December and Florence, Italy in February on the subject of defences in international criminal law.

Professor and Vice Dean Katherine Franke, co-director of the Center for the Study of Law and Culture, organized a conference held at Columbia in February on "Alternatives to Section 1983 Litigation." Leading civil rights lawyers from around the country were present to consider recent Supreme Court doctrine that has undermined civil rights litigation, and devised alternatives to the use of Section 1983 to enforce federal rights. Also that month, she presented a paper titled "Subjects of Freedom" at the University of California at Davis Law School and organized a three-part series of University-wide lectures at Columbia on the Global Consequences of the War in Iraq. They were "Fundamentalism, Nationalism and Popular Protest," "Civil Liberties," and "The Present and Future World Order." Prof. Franke spoke at the second of the Global Consequences of the War in Iraq panels on the Civil Rights of Afghan Women. She also has joined the executive committee of Columbia University's Center for Comparative Literature and Society. In March, Prof. Franke gave a paper titled "Domesticated Liberty of Lawrence v. Texas" at the University of Pennsylvania Law School.

Alejandro Garro, adjunct professor and senior research scholar of the Parker School, delivered a lecture in January at the Centre for Commercial Law Studies of the University of London (Queen Mary) on "Reconciling Legal Traditions in the Vienna Sales Convention." In February, he spoke and chaired a panel on the "Investment Climate in Latin America and International Commercial Arbitration" at a conference organized by the International Centre for Dispute Resolution of the American Arbitration Association. The event was geared towards practitioners interested in increasing the use of international commercial arbitration in Latin America. Within the Human Rights Speakers Series organized by the Human Rights Institute, Prof. Garro spoke to colleagues and students of the Law School on the contribution of the Inter-American system for the protection of human rights to the development of constitutional law in Latin American countries. In March, Prof. Garro taught a seminar called Introduction to Anglo-American Law for Spanish graduate students and practitioners at the Universidad de Navarra. Also in March, he represented the Argentine government before the UN Commission on International Trade Law in the Working Group that is preparing a Legislative Guide on Secured Transactions.

Ronald J. Gilson, the Marc and Eva Stern Professor of Law and Business, spent the spring semester as a visiting scholar at the Economics Department of the European University Institute in Florence.

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 delivered the inaugural Baker Botts Lecture at University of Houston Law School on "The Right to Claim Authorship in U.S. Trademarks and Copyright Law" in March. The article from which the lecture was drawn will be published in the University of Houston Law Review. With Professors Rochelle Dreyfuss ‘81 (New York University School of Law) and Professor Francois Dessemontet (University of Lausanne), Prof. Ginsburg presented Preliminary Draft No. 2 of the ALI project on Intellectual Property: Principles Governing Jurisdiction, Choice of Law and Recognition of Judgments, to the Advisers. They are presenting the draft to the Members Consultative Group at the annual ALI meeting in Washington, D.C., in May.

Jeffrey N. Gordon, the Alfred W. Bressler Professor of Law and co-director of the Center for Law and Economics, presented a paper on "Boards" at a corporate governance conference in Seoul sponsored by the Korean Development Institute. Professors Merritt Fox and Curtis Milhaupt also presented papers.  Prof. Gordon also presented a different version of the paper at the Murphy Conference at Fordham Law School in November. His themes include that board independence is enhanced by "structural" elements (such as board committees) and "genealogical" elements (such as shareholder access to the corporate proxy), and that board independence matters much more in a place like Korea, with many controlling shareholders, than in the United States. Prof. Gordon also gave a paper at the fall 2003 annual meeting of the American Law and Economics Association titled "An American Perspective on European Anti-takeover Laws." (The paper selection is refereed.)

Professor Jack Greenberg ‘48 has spent much of his time with activities surrounding the 50th anniversary of his intimate involvement with Brown vs. Board of Education. A section in the next Columbia Law School Report is dedicated to the anniversary and its celebration at the Law School. Additionally, in February he delivered the keynote address at the University of Virginia's symposium on Brown v. Board and was a speaker at Duquesne University's celebration of Brown v. Board in March. He received an honorary degree from Howard University and was also honored by the US Commission on Civil Rights in Washington, D.C. He was also invited to speak at the dedication of the new South Africa Constitutional Court building. Prof. Greenberg received the Valerie Kantor Award for having been a founder of the Mexican American Legal Defense Fund and the Thurgood Marshall Award of the Thurgood Marshall Center for Service and Heritage in Washington, D.C. He will appear in a documentary being made by the American Federation of Teachers discussing school segregation cases and related history and appeared in a PBS show on integration in the town of Hoxie, AR. He was also honored at a dinner held by the Thurgood Marshall Center for Service and Heritage in Washington, D.C. The event was held to raise money for renovation of a historic building which serves as a community center. Prof. Greenberg has given talks on Brown at the University of Virginia, Notre Dame, Duquesne, Harvard, University of Delaware, Oneida Bar Association, Montclair, N.J., High School, the Federal Bar Council, New York University School of Law, the North Carolina Bar Association, Stanford, Berkeley, Rutgers, St. Johns, St. Louis, Toledo, Law School alumni in New Jersey, the New York Bar Association, the Ninth Circuit Judicial Conference, the Second Circuit Court of Appeals, an Urban League Convention in Detroit, the San Francisco Bar Association, and at the Giles S. Rich American Inn of Court dinner at the U.S. Supreme Court, among others.

Michael A. Heller, Lawrence A. Wien Professor of Real Estate Law, presented the Law and Economics workshop at the University of Chicago Law School and a faculty workshop at the University of Colorado Law School. During February, he was a speaker in Beijing at the Yale China Law Center Workshop on Rural Land Requisition Reform. In March, he participated in a Columbia University delegation to Saudi Arabia.

Samuel Issacharoff, Harold R. Medina Professor in Procedural Jurisprudence, presented "The Role of Competition in a Constitutional Democracy" at Washington and Lee University School of Law in January. The following month, he delivered the annual Cutler Lecture at William and Mary School of Law in Williamsburg, VA. The lecture, held in February, was titled "Collateral Damage: The Endangered Center in American Politics." Also in February, he gave a talk called "Constitutionalizing Democracy in Fractured Societies" at the University of Texas Law School in Austin and another titled "Electoral Systems and Constitutional Design" at Yale Law School. Prof. Issacharoff also delivered the lecture "Behavioral Economics and the Case for Asymmetric Paternalism" at the AALS meeting of the Law and Economics Section in Atlanta. In December, he delivered three talks: "Bush v. Gore and American Democracy" at NYU Law School's American Constitution Society; "Constitutionalizing Democracy in Fractured Societies" at Stanford Law School; and "The State Attorney General: The Role of Parens Patriae" at a symposium called "The Newest Federalism: State Attorneys General in Cases of National Significance," held at the Law School.

Professor Avery W. Katz presented a draft article titled "The Efficient Design of Option Contracts: Principles and Applications" at faculty workshops this semester at North Carolina, Emory, Georgetown, and Harvard law schools. He also participated in a conference held at the University of Chicago called "The New Law Merchant." His remarks at that conference are being published in the spring issue of the Chicago Journal of International Law.

Professor Benjamin L. Liebman, director of the Center for Chinese Legal Studies, participated in a panel discussion titled "Media Law in the People's Republic of China" at the AALS annual meeting in January. Also that month he delivered a presentation called "Recent Trends in China's Legal Reform" at a conference hosted by the Carnegie Endowment for International Peace on the topic "The Future of Political Reform in China." In February, he was a panelist in a discussion on Taiwan's presidential election at the Weatherhead East Asia Institute. In March, Prof. Liebman delivered a presentation titled "Watchdogs or Demagogues? The Media in the Chinese Legal System" for the Winston Lord Roundtable on Asia, the Rule of Law, and U.S. Foreign Policy at the Council on Foreign Relations in New York. In March he also traveled to Beijing and Wuhan, where he delivered lectures on the U.S. legal system at Wuhan University.

Louis Lowenstein '53, Simon H. Rifkind Professor Emeritus of Finance and Law, stepped down as chairman of the Coalition for the Homeless after six years. His leadership strengthened the organization during a period of an increasing shortage of affordable housing for working people earning $10-12 an hour and families in the New York City shelter system.

Professor Gillian Metzger participated in a panel on institutional reform litigation presented by the Federal Bar Council. She also co-moderated a conference on Section 1983 litigation held at the Law School.

Curtis J. Milhaupt '89, Fuyo Professor; Director, Center for Japanese Legal Studies, was the featured speaker at the 2004 Mitsui Symposium at the Columbia Business School in February. He presented a paper (co-authored with Professor Ronald Gilson) titled "Choice as Regulatory Reform: The Case of Japanese Corporate Governance." Prof. Milhaupt presented the same paper at the Vanderbilt Law and Business workshop, also in February. In April, he will serve as a commentator at a Columbia Law School conference on Law, Finance, and Political Economy. In May, Prof. Milhaupt will present a paper to the Research Institute of Economy, Trade and Industry in Tokyo. Also in May, he will participate in a Japanese law conference sponsored by Cornell Law School. In June, he will teach an intensive course on comparative corporate governance at the Law School's Summer Program at Leiden University, The Netherlands.

Professor Edward Morrison presented a paper titled "Bankruptcy Decision-Making: An Empirical Study of Small-Business Bankruptcies" at a conference in February on Empirical Research in Corporate, Bankruptcy, and Securities Law. It was hosted by the University of Virginia School of Law and its John M. Olin Program in Law and Economics. In April, he will give a paper called "Human Capital Firms and the Irrelevance of Bankruptcy Law" (with Douglas G. Baird) at a faculty workshop at the William and Mary School of Law.

Peter Rosenblum '92 LL.M., the Lieff, Cabraser, Heimann & Bernstein Clinical Professor in Human Rights, was an expert at a workshop called "Accountability for Past Human Rights Violations in the Democratic Republic of Congo," organized by the International Committee for Transitional Justice and held in Cape Town, South Africa in January.

Carol Sanger, the Barbara Aronstein Black Professor of Law, has been a 2003-04 fellow at Princeton University's Program on Law and Public Affairs. In May, she spoke at a conference called "The Supreme Court & American Politics" at Princeton's Woodrow Wilson School of Public and International Affairs and also on a panel on "Lawrence v. Texas and Goodridge v. Department of Public Health: Gay Rights & Same-Sex Marriage."

Professor Barbara A. Schatz led a day-long conference in December on creating and operating clinical programs in which law students represented non-profit organizations. The conference, held in Bratislava, Slovakia, was sponsored by the Open Society Institute and attended by law professors from universities throughout Central and Eastern Europe. In May, Prof. Schatz participated in a panel at the Association of American Law Schools conference on clinical legal education in San Diego. The topic was the development of law school clinical programs in transitional societies.

Professor David M. Schizer gave a lecture titled "Balance in the Taxation of Financial Instruments: An Agenda for Reform" at the Law School in March to mark the occasion of his becoming the Wilbur H. Friedman Professor of Tax Law. He presented earlier versions of this article in workshops at Boston University, Harvard, Michigan, Northwestern, U.C.L.A., and the American Tax Policy Institute. Prof. Schizer presented his article, "Scrubbing the Wash Sale Rules," at the University of Chicago Tax Forum. He also continues to serve as co-chair of the School's appointments committee with responsibility for entry-level hiring.

Professor Catherine Sharkey gave a paper in March called "Tort and Punishment: Crossing the Compensatory-Punitive Divide" as part of the NYU Law Review's speaker series. She will give a presentation titled "Revisiting the Noninsurable Costs of Accidents" in April, as part of a Symposium at the University of Maryland Law School called "Calabresi's The Costs of Accidents: A Generation of Impact on Law and Scholarship."  Additionally, she will be a panelist for a presentation on "Social & Political Values of the Jury" at the Law & Society Association annual meeting in May 2004.

Jane M. Spinak, the Edward Ross Aranow Clinical Professor of Law and director of Clinical Programs, participated in a conference in September called "Forensic Social Work: Current Perspectives and Future Directions" at Columbia University's School of Social Work. She moderated a panel titled "Raising the Bar: Practice, Ethics and Challenges in Forensic Social Work." She also served on a panel of experts at the School of Social Work for the first Dean's Invitational Integrative Case Conference, lending her expertise in child welfare law to multiple groups of students analyzing how to approach a child maltreatment case. In November, the Law School's Public Interest Law Initiative and the Open Society Justice Initiative sponsored the first training in Eastern and Central Europe on developing child advocacy clinics. Prof. Spinak created the program and trained teachers and advocates from seven countries for three days on the steps needed to create clinical programs to represent children. Additionally, the Fred Friendly Seminars and the Institute for Child and Family Policy at Columbia University were among the recipients of a 2004 Dupont Columbia University Award for broadcast journalism for their contribution to the three-part "Frontline" series called "Failure to Protect." Prof. Spinak was the senior advisor for the Fred Friendly program in the series and authored an essay for the "Frontline" web site that accompanied the series.

Professor Susan Sturm hosted a daylong workshop at Columbia Law School on "Implementation Issues in Local Human Rights Ordinances" in November. She also presented a paper titled "Law, Norms, and Complex Discrimination" at the Law School in January, as well as Rutgers Law School in February. She was a commentator at a Russell Sage college workshop on Legitimacy and Criminal Justice in Paris in January and was the featured commentator on Jules Lobel's book Success Without Victory in November. Prof. Sturm was the keynote speaker at the Annual Meeting of Boys Hope Girls Hope, an organization that provides academic support and residential care for children and has undertaken a major cultural competency initiative.

Professor John Fabian Witt presented a paper co-authored with Prof. Issacharoff at a meeting of the Institute for Law and Economic Policy and at the Columbia Law School faculty workshop. Along with Prof. Dubler, he gave a presentation to the Columbia Law Women's Association to mark National Women's History Month. Profs. Witt and Dubler also co-hosted three events in the ongoing Columbia Program in Law and History series of workshops and lectures, bringing in scholars from around the nation.

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Faculty Publications

• "Introduction to a Symposium on The Regulation of Foreign Direct Investment" in 42 Columbia Journal of Transnational Law 1 (2003)
• "Commemorating Oscar Schachter, the Teacher" in the Columbia Law Review (April 2004)
• "Trying Hussein: Between Hubris and Hegemony" the Journal of International Criminal Justice (forthcoming, 2004)
• "The Closing of the American Mind" in Proceedings of the Annual Meeting, Canadian Council of International Law (forthcoming, 2004)

Prof. Vivian O. Berger '73

• "Persuade, Don't Punish" in the National Law Journal (January 9, 2004)
• "Employment Mediation in the Twenty-First Century: Challenges in a Changing Environment" in 5 University of Pennsylvania Journal of Labor & Employment Law 489 (2003)
• Book review of Family Circle: The Boudins and the Aristocracy of the Left (Knopf, 2003) in the New York Law Journal (February 10, 2004)

Prof. George Bermann '75 LL.M.

• "Member State Liability in the Member State's Own Court: An American Law Comparison" in Une Communaute de Droit, a festschrift for President Gil Carlos Rodriguez Iglesias, European Court of Justice (BWV Publications, Berlin, 2003)
• "Policy Recommendations for Dispute Prevention and Dispute Settlement in Transatlantic Relations: Legal Perspectives" in Transatlantic Economic Disputes: The EU, the US and the WTO (Petersmann and Pollack, eds.) (Oxford University Press, 2003)
• "The Arbitral Award: An Arbitrator's Perspective" in An Arbitration Checklist (Newman and Hill, eds.) (Juris Publishing, 2003)
• "The Constitutional Convention and EU Institutional Reform" in The Government of Europe: Institutional Design for the European Union (Oreja Aguirre and Beneyto Perez, eds.) (Dykinson, S.L., Madrid, 2003)
• "Le droit comparé et le droit international: alliés ou ennemis?" in 2003 Revue internationale de droit comparé 519 (2003)

Prof. Vincent Blasi

• "The Pledge of Allegiance and the Freedom of Thought" (with Professor Seana Shiffrin of UCLA) appeared in Constitutional Law Stories, a book edited by Prof. Michael Dorf (please see the faculty book section)

Prof. John C. Coffee, Jr.

• "What Caused Enron?: A Capsule Social and Economic History of the 1990s" in 89 Cornell Law Review 269 (2004)
• "A Course of Inaction: Where Was the SEC When the Mutual Fund Scandal Happened?" in Legal Affairs (March - April 2004)
• Regular columns in the National Law Journal and the New York Law Journal

Prof. Kimberle Williams Crenshaw

• "Was Strom a Rapist?" in The Nation (March 15, 2004)

Prof. Michael C. Dorf

• "After Bureaucracy" in the University of Chicago Law Review
• "Interpretive Holism and the Structural Method, or How Charles Black Might Have Thought About Campaign Finance Reform" in the Georgetown Law Journal

Prof. Ariela Dubler

• "Exceptions to the General Rule: Unmarried Women and the Constitution of the Family" in Theoretical Inquiries in Law

Prof. Jeffrey A. Fagan

• "Reciprocal Effects of Crime and Incarceration in New York City Neighborhoods" in Fordham Urban Law Journal (winter, 2003)
• "Natural History of Violence in Neighborhoods" in Journal of Contemporary Criminal Justice (summer, 2004)

Prof. E. Allan Farnsworth '52

• Farnsworth on Contracts (third edition of three-volume treatise), and the one-volume student treatise (both Aspen, 2004)
• "Alleviating Mistakes: Flawed Perceptions as Grounds for Forgiveness and Reversal" has been submitted to Oxford University Press (the book was known formerly as Oops!)
• "Oops! The Waxing of Alleviating Mistakes" (text from the Kormendy Lecture delivered at Northern Ohio in October) in Ohio Northern Law Review

Prof. Robert A. Ferguson

• "The Dialectic of Liberty in Anglo-American Culture" (lead essay) in the inaugural issue of Modern Intellectual History (spring, 2004), published by Cambridge University Press

Prof. George Fletcher

• American Law in a Global Context: The Basics (with Professor Steve Shepperd) will be published this fall by Oxford University Press
• Grammatica del Diritto Penale (the Italian translation of his book Basic Concepts of Criminal Law) was published in March

Prof. Alejandro Garro

• "Harmonization of Personal Property Security Law: National, Regional and Global Initiatives" (VIII- 2003- ½) in Uniform Law Review (2003)
• "Cases, Analyses, and Unresolved Issues" in Articles 25-34 and 45-52 in The Draft UNCITRAL Digest and Beyond: Cases, Analysis and Unresolved Issues in the U.N. Sales Convention (eds. F. Ferrari, H. Flechtner, and R. A. Brand) (Sellier, European Law Publishers, 2003)
• "Appointment of the Arbitral Tribunal" in Course in Dispute Settlement in International Trade, Development and Investment, United Nations Conference in Trade and Development, a paper used in an on- line course (http://r0.unctad.org/disputesettlement/course.htm) held in February
• "Forum Non Conveniens: Availability and Adequacy of Latin American Fora From a Comparative Perspective" in University of Miami Inter-American Law Review (2003)
• "The Long Arm of International Law: U.S. Should Not Fear Transnational Justice" an opinion piece in the San Francisco Chronicle (January 12, 2004)
• "Taking an Oil Giant to Task for Damage in the Ecuadorean Amazon" (with Cesar Chelala, M.D.), an opinion piece in the International Herald Tribune (January 13, 2004) and the Miami Herald (January 24, 2004)

Prof. Ron Gilson

• "Controlling Controlling Shareholders" (with Professor Jeffrey Gordon) in the 152 Pennsylvania Law Review 785
• "The Mechanisms of Market Efficiency Twenty Years Later" (with Harvard Professor Reinier Kraakman) in the Journal of Corporate Law
• Cases and Materials on Corporations (with Coffee and Chopper) (Apsen Publishers, sixth edition, 2004)

Prof. Jane C. Ginsburg

• "The Right to Claim Authorship in U.S. Trademarks and Copyright Law" in the University of Houston Law Review

Prof. Jeff Gordon

• "Controlling Controlling Shareholders" (with Prof. Ron Gilson) in 152 University of Pennsylvania Law Review 785

Prof. Jack Greenberg '48

• "Charles L. Black: His Heart and Mind" in the Georgetown Law Journal
• Two pieces from Crusaders in the Courts: Legal Battles of the Civil Rights Movement in an ABA volume of commemorative essays dealing with Brown v. Board
• "Brown v. Board: An Axe in the Frozen Sea of Racism," an article school integration of Roma in Eastern Europe, in the St. Louis Law Review

Prof. Samuel Issacharoff

• "Baker v. Carr in Context" (with Stephen Ansolabehere) in Constitutional Law Stories (Prof. Dorf, ed.) (Foundation Press, 2004)
• "Between Civil Libertarianism and Executive Unilateralism: An Institutional Process Approach to Rights During Wartime"(with Richard H. Pildes) in 5 Theoretical Inquiries in Law 1 (2003)
• "Throwing in the Towel: The Constitutional Morass of Campaign Finance" in 3 Election Law Journal (issue 2, 2004)

Prof. Avery Katz

• "The Economics of Form and Substance in Contract Interpretation" in the Columbia Law Review

Prof. James Liebman

• "Experimentalist Equal Protection"(with Brandon Garrett) in 22 Yale Law Policy Review (2004)
• "Madisonian Equal Protection" (with Garrett) in 103 Columbia Law Review (2004)

Prof. Gillian Metzger '95

• "Privatization as Delegation" in 103 Columbia Law Review 1367 (2003)

Prof. David Schizer

• "Scrubbing the Wash Sale Rules" in Taxes Magazine
• "Market Bubbles and Wasteful Avoidance: Tax and Regulatory Constraints on Short Sales" (with Michael Powers of Temple and Martin Shubik of Yale) in Tax Law Review (spring, 2004)
• "Balance in the Taxation of Derivative Securities: An Agenda for Reform" in Columbia Law Review (forthcoming 2004)

Prof. Jane Spinak

• "Why Defenders Feel Defensive: The Defender's Role in Problem-Solving Courts" in American Criminal Law Review (summer, 2003) (a reply to William Simon's "Criminal Defenders and Community Justice: The Drug Court Example")
• "Women's Rights: Reframing the Issue for the Future Panel" (Annotated Comments) in Columbia Journal of Gender and Law (2002)

Prof. Susan Sturm

• "Second Generation Employment Discrimination" in a book Women and the Constitution
• "Learning from Conflict: Reflections on Teaching about Race and Gender" (with Professor Lani Guinier) in the Journal of Legal Education (forthcoming)
• www.racetalk.org, a web site published with Lani Guinier on building multiracial learning communities

Prof. John Witt

• "Narrating Bankruptcy / Narrating Risk" in the Northwestern University Law Review
• Published a primer on the history of state constitutions and American tort law for William Sage's Pew Charitable Trusts Project on Medical Liability in Pennsylvania

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Faculty Books

• Constitutional Law Stories
  Professor Michael Dorf, ed. (Foundation Press, New York, 2004)

Constitutional Law Stories is the latest release from the Foundation Press Law Stories series, which is designed to bring landmark U.S. Supreme Court cases to life. The book is of interest to scholars and arm chair historians interested in 15 highly influential cases which changed the political, social, and economic landscape of America. Rich in drama, the cases provide real lessons pertaining to the interpretation of the Constitution. Included are Roe v. Wade, which upheld a woman's right to choose in the case of abortion; Clinton v. Jones, which denied President Clinton temporary immunity from civil litigation and set the stage for his eventual impeachment; and Korematsu v. United States, which questioned the legality of military orders excluding Japanese-Americans from the West Coast of the United States during World War II.

Each scholar provides an in-depth analysis of leading federal constitutional law cases, behind-the-scenes stories that outline the historical context of each case, and defines the role these cases play in framing fundamental questions about American law and government. Among the contributors are Professor Samuel Issacharoff writing on Baker v. Carr and Professor Vincent Blasi on West Virginia State Board of Education v. Barnette.

• Reading the Early Republic
  Professor Robert Ferguson (Harvard University Press, 2004)

Reading the Early Republic focuses attention on the forgotten dynamism of thought in the founding era. In every case, the documents, novels, pamphlets, sermons, journals, and slave narratives of the early American nation are richer and more intricate than modern readers have perceived.

Rebellion, slavery, and treason--the mingled stories of the Revolution--still haunt national thought. Prof. Ferguson shows that the legacy that made the country remains the idea of what it is still trying to become. He cuts through the pervading nostalgia about national beginnings to recapture the manic-depressive tones of its first expression. He also has much to say about the reconfiguration of charity in American life, the vital role of the classical ideal in projecting an unthinkable continental republic, the first manipulations of the independent American woman, and the troubled integration of civic and commercial understandings in the original claims of prosperity as national virtue.

Reading the Early Republic uses the living textual tradition against history to prove its case. The first formative writings are more than sacred artifacts. They remain the touchstones of the durable promise and the problems in republican thought.

• Convergence and Persistence in Corporate Governance
  Professors Jeff Gordon and Mark Roe, eds. (Cambridge University Press, New York, 2004)

Corporate governance is on the reform agenda throughout the world. Is the Anglo-American model of shareholder capitalism destined to become the global corporate governance standard or will important differences persist? Well-known scholars address this question with sophisticated political economy analysis geared to the legal frameworks. Another issue addressed in this volume is the Enron scandal, which has stirred up an urgent round of questions about corporate governance. This book offers valuable insights into this question of whether the scandal will stop a convergence that was in the works.

Prof. Gordon, who edited this book with former Columbia Professor Mark Roe (now at Harvard Law School), contributes a chapter titled "The International Relations Wedge in the Corporate Convergence Debate." In it, he argues that overall commitments to the project of transnational economic and political integration will account for the pace of convergence (or persistence of differences) in corporate governance and that shareholder capitalism has particular advantages for the convergence project because it is better suited to the control of economic nationalism.

• Crusaders in the Courts: Legal Battles of the Civil Rights Movement and Brown v. Board of Education: Attorney to a Landmark Decision

Professor Jack Greenberg '48 (Twelve Tables Press, New York, 2004)

With the 50th Anniversary of the victory of Brown v. Board of Education, Twelve Tables Press has reissued Prof. Greenberg's Crusaders in the Courts. First published 10 years ago, the book, with a new subtitle, offers an insider's account of the work of the NAACP - Legal Defense Fund (LDF), which served as attorneys for the plaintiff in Brown. The reissued book contains new and updated information, as well as new first and last chapters.

Crusaders brings to life key cases leading up to Brown, as well as the personalities involved in this important struggle for civil rights, including LDF Director Thurgood Marshall, Constance Baker Motley '46, Robert Carter, and the young, energetic Jack Greenberg.

The book also recounts the years from 1961-84, when Prof. Greenberg headed the Legal Defense Fund. The important work for civil rights continued, though the author writes of his later split with some of his staff on defending 1960s radicals like Angela Davis and his being picketed by black students at Harvard Law School. Overall, the engaging narrative conveys how the LDF contributed to bettering American life by fostering integration, attacking the death penalty, helping birth rights organizations for Mexican-Americans and other groups and promoting human rights abroad.

Brown v. Board of Education: Witness to a Landmark Decision is drawn from the text of Crusaders and focuses solely on the School Segregation Cases. The book's introduction is by Mrs. Thurgood Marshall.

• Bioethics Mediation: A Guide to Shaping Shared Solutions
  Professors Carol B. Liebman and Nancy N. Dubler (United Hospital Fund, New York, 2004)

This book provides the theory, practice, and hands-on tools needed to resolve the medical care disputes that regularly entangle patients, family members, physicians, and other health care professionals. The authors make a thoughtful, systematic case for the use of mediation skills and techniques to achieve principled resolutions to troubling, often life-and-death questions.

Bioethics Mediation provides a solid introduction to mediation for bioethics committees, consultants, and other health care professionals, making cogent arguments for the need for mediation in the medical context. It also serves as an invaluable guide for mediators wishing to learn more about bioethics and the complex medical conflicts so prevalent in contemporary health care. Readers are aided by real-world case studies and analyses, step-by-step lessons in conducting effective bioethics mediation, and a variety of challenging role plays.

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