AALS 2007 Annual Meeting Header

AALS 2007 Annual Meeting art

AALS 2007 Annual Meeting navigation

Friday, January 5, Program

Open Source Programs are programs selected by a committee in a competitive search.
Joint Programs are designations for two Sections holding one program.
Co-Sponsored Programs are designations for Sections holding more than one program.
Open Programs are sessions organized by law school faculty to consider the creation of a new AALS Section.

Friday, January 5, 2007

7:00 a.m. - 7:00 p.m.
AALS Registration
Atrium, Exhibition Level, Marriott Wardman Park Hotel

7:00 a.m. - 7:00 p.m.
AALS Message Center
Marriott Foyer, Mezzanine Level, Marriott Wardman Park Hotel

Jump to:

Wednesday, January 3
Thursday, January 4
Friday, January 5
Saturday, January 6

7:00 a.m. - 7:00 p.m.
AALS Office and Information Center
Carolina, Lobby Level, Marriott Wardman Park Hotel

8:00 a.m. - 5:00 p.m.
AALS Exhibit Hall Open House “The Meeting Place”
Exhibit Hall C, Exhibition Level, Marriott Wardman Park Hotel

Exhibitors will display a variety of academic, teaching and administrative products and services of interest to those in legal education. Refreshments will be served in the morning and afternoon at the “Meeting Place” in the Exhibit Hall.

8:30 a.m. - 5:15 p.m.
Informal Networking Sessions
Balcony C & D, Mezzanine Level, Marriott Wardman Park Hotel

Do you have a hot topic you want to discuss? Colleagues with similar interests or dilemmas you want to meet? If so, take charge! You can organize an informal gathering that could meet any time on Friday, January 5 for one hour and forty-five minutes. Simply post a notice on the bulletin board in the AALS Message Center area. Indicate the topic/interest you want to discuss and select a time to meet at a designated table assigned to the designated meeting rooms. Sign your name as moderator and see who joins you!


AALS Events

7:00 - 8:30 a.m.
Section on Academic Support Continental Breakfast
Washington Room 3, Exhibition Level, Marriott Wardman Park Hotel

(Tickets were sold in advance. If available, a ticket may be purchased at On-Site Registration until 8:30 a.m. on Thursday, January 4. Tickets will not be for sale at the breakfast.)


7:00 - 8:30 a.m.
Section on Graduate Programs for Foreign Lawyers Continental Breakfast
Washington Room 5, Exhibition Level, Marriott Wardman Park Hotel

(Tickets were sold in advance. If available, a ticket may be purchased at On-Site Registration until 8:30 a.m. on Thursday, January 4. Tickets will not be for sale at the breakfast.)


7:00 - 8:30 a.m.
Section on Labor Relations and Employment Law Continental Breakfast
Washington Room 6, Exhibition Level, Marriott Wardman Park Hotel

(Tickets were sold in advance. If available, a ticket may be purchased at On-Site Registration until 8:30 a.m. on Thursday, January 4. Tickets will not be for sale at the breakfast.)


7:00 - 8:30 a.m.
Section on Pre-Legal Education and Admission to Law School Continental Breakfast
Washington Room 1, Exhibition Level, Marriott Wardman Park Hotel

(Tickets were sold in advance. If available, a ticket may be purchased at On-Site Registration until 8:30 a.m. on Thursday, January 4. Tickets will not be for sale at the breakfast.)


7:00 - 8:30 a.m.
Section on Property Law Breakfast
Washington Room 2, Exhibition Level, Marriott Wardman Park Hotel

(Tickets were sold in advance. If available, a ticket may be purchased at On-Site Registration until 8:30 a.m. on Thursday, January 4. Tickets will not be for sale at the breakfast.)


7:00 - 8:30 a.m.
Section on Women in Legal Education Continental Breakfast
Washington Room 4, Exhibition Level, Marriott Wardman Park Hotel

(Tickets were sold in advance. If available, a ticket may be purchased at On-Site Registration until 8:30 a.m. on Thursday, January 4. Tickets will not be for sale at the breakfast.)


8:30 - 10:15 a.m.
AALS Committee on Bar Admission and Lawyer Performance Program
Maryland Suite A & B, Lobby Level, Marriott Wardman Park Hotel

What Law Professors and Bar Examiners Can Learn from the Medical Profession:
Measuring Professional Skills

Moderator: Eileen Kaufman, Touro College Jacob D. Fuchsberg Law Center
Speakers: Lawrence M. Grosberg, New York Law School
David C. Leach, Executive Director, Accreditation Council for Graduate Medical Education, Chicago, Illinois
Marjorie Maguire Shultz, University of California, Berkeley School of Law

This program is designed to explore ways of assessing professional skills apart from the traditional written examination by focusing on the medical profession, which has developed far more sophisticated licensing mechanisms that identify and test a wide range of skills.

The centerpiece of the program will be a presentation by Dr. Leach, who will describe how the medical profession defines and assesses the full range of skills required by the profession. The panel will also include Professor Shultz who along with Sheldon Zedeck of the Berkeley Psychology Department, have been engaged in empirical research designed to develop predictors of lawyering effectiveness. Finally, Professor Grosberg, will describe his work with standardized clients.


8:30 - 10:15 a.m.
AALS Site Evaluator Workshop
Wilson C, Mezzanine Level, Marriott Wardman Park Hotel

Moderator: Elizabeth Hayes Patterson, AALS Deputy Director
Speaker: R. Lawrence Dessem, University of Missouri-Columbia School of Law
Carl C. Monk, AALS Executive Vice President and Executive Director
Gail Levin Richmond, Nova Southeastern University Shepard Broad Law Center

This program is particularly designed for those who serve, or are interested in serving, the AALS in the capacity of site visitor on ABA accreditation/AALS membership review site visit teams to member schools or schools applying for AALS membership. The AALS appoints one member to ABA/AALS “sabbatical” site visit teams and appoints the entire team when a school applies for membership in the Association and in other special circumstances. The program will discuss the purposes of AALS membership review and the role of the site visitor in that review.


8:30 - 10:15 a.m.
AALS Open Source Program (A program competitively selected by the AALS Committee on Open Source Programs)
Coolidge, Mezzanine Level, Marriott Wardman Park Hotel

The 50th Anniversary of “12 Angry Men”
(Program to be published in Chicago-Kent Law Review)

Moderator: Nancy S. Marder, Chicago-Kent College of Law Illinois Institute of Technology
Speakers: Robert P. Burns, Northwestern University School of Law
Valerie P. Hans, Cornell Law School
Bruce L. Hay, Harvard Law School
Stephan Landsman, DePaul University College of Law
Lawrence M. Solan, Brooklyn Law School

The year 2007 will mark the 50th anniversary of the movie 12 Angry Men. This movie offers the only portrayal of an active jury in the history of American film-making. The movie has withstood the test of time, not only because of the great ensemble cast, but also because it portrays the jury as a group of twelve ordinary men who learn in the course of their deliberations what it means to be a jury. The learning process is not an easy one. The deliberations are marked by clashing personalities and marred by prejudice. Yet, the jurors, led by the persevering and patient Henry Fonda, eventually learn to put aside prejudice and personal enmity, to piece together the evidence with a critical eye, and to deliver a verdict of not-guilty based on their reasonable doubt.

When this movie was released fifty years ago, audiences greeted it with little enthusiasm. Yet, the movie has endured and is now recognized as a classic. Even though the movie offers a fictional account, it provides a rare glimpse into jury deliberations. It continues to raise such questions as: Is this how a jury should deliberate? Is Henry Fonda an ideal juror? Is this fictional jury deliberation consistent with actual jury deliberations now that we have fifty years of empirical studies? The panel will address these and other questions.


8:30 - 10:15 a.m.
Section on Admiralty and Maritime Law
Harding, Mezzanine Level, Marriott Wardman Park Hotel

The New Regionalization of the Law of the Sea

Moderator: Donna R. Christie, Florida State University College of Law
Speakers: Rebecca M. Bratspies, City University of New York School of Law at Queens College
Barry Hart Dubner, Barry University Dwayne O. Andreas School of Law
Bradley C. Karkkainen, University of Minnesota Law School

In the 1970s with the advent of the United Nations Environmental Program, regional seas programs began to develop to deal with the physical and ecological degradation of coastal oceans, particularly in enclosed and semi-enclosed seas. These programs initially focused on marine pollution control, but have expanded to approaching regional problems through an integrated coastal planning and management approach. Operating through regional seas conventions, protocols and action plans, these programs have been considered to be successful first steps in a global strategy to address the deterioration of ocean resources.

The state of the oceans from both an ecological and jurisdictional perspective is quite different, however, in the post-United Nations Convention on the Law of the Sea world. While the problems associated with some types of near-shore, point source pollution have improved, other sources of land-based pollution are stressing ocean systems; intensity of the exploitation of ocean resources continues to increase; ocean use conflicts have intensified. A regional, cooperative approach to dealing with region-wide problems was somewhat preempted for several decades by expansion of coastal state jurisdiction as the panacea for problems within the former ocean commons. This approach, too, has proved to be inadequate to prevent further deterioration of the oceans and their resources.

Some countries would advocate further extension of coastal jurisdiction as the method to address the continuing problems facing the oceans and ocean users, but most of the world has opted for further regionalization of the seas and cooperative management of the resources rather than turning all the globe’s oceans into coastal seas. Others recognize that the nature of the problems plaguing the oceans can only be addressed at the ecosystem level and require a regional approach. In addition, to address some problems of ocean use or misuse, regionalization may provide the political leverage necessary for small states to be effective. As an example of the current level of regionalization of seas, organizations posted on the United Nations website provides some perspective on how completely the world’s oceans have been carved up into areas governed by regional bodies for fisheries purposes.

This panel will address diverse aspects of the new regionalization of the seas with regard to different resources and user issues, different regions, and the development of regional laws of the sea.

Business Meeting at Program Conclusion.


8:30 - 10:15 a.m.
Section on Aging and the Law
Delaware Suite B, Lobby Level, Marriott Wardman Park Hotel

Mediation and the Elderly

Moderator: Susan N. Gary, University of Oregon School of Law
Speakers: Carol Bensinger Liebman, Columbia University School of Law
Lela Porter Love, Yeshiva University Benjamin N. Cardozo School of Law
Kate Mewhinney, Wake Forest University School of Law
Mary F. Radford, Georgia State University College of Law
Ellen Waldman, Thomas Jefferson School of Law

As a person ages, a variety of difficult disputes are likely to arise. An elder person may have diminished mental capacity or physical ability; she may want to avoid family conflict; or she may be frightened or nervous about the subject of the dispute. Family members involved may carry emotional baggage that makes working with each other difficult. Finances may be a complicating factor.

Disputes may arise in connection with a legal guardianship for an elder person. Children may fight over who is the best person to act as guardian; child and parent may fight about whether a guardianship is needed at all; and family members may fight over whether moving an elder person makes sense. Professor Radford will talk about the use of mediation to resolve these issues, and Professor Mewhinney will describe experiences with a North Carolina statute enacted just a year ago to promote the use of mediation in guardianship proceedings.

Health care issues raise significant questions. As developments in medical technology enhance the ability to prolong life, patients, families and clinical care givers may find themselves taking different positions on the question of what is medically viable, financially responsible and ethically appropriate. How a “culture of life” should approach the inevitability of death poses conundrums that are producing ever more fractured responses. Consequently, philosophers, ethicists, law makers, and medical experts appear to have given up on the possibility of achieving substantive consensus, and have turned to mediation to navigate these dangerously divided shoals. Whether mediation is up to the task, and how mediators might go about “solving” these dilemmas will be among the topics addressed by Professors Liebman and Waldman.

An elder person making decisions about how property should be distributed after her death may be concerned about the possibility of family fights over the property. A dispute resolution clause included in the will may assuage the testator’s concerns and may also prove beneficial to the beneficiaries after the testator’s death. Professor Love will describe the potential effects of using dispute resolution clauses in wills.

Business Meeting at Program Conclusion.


8:30 - 10:15 a.m.
Section on Constitutional Law
Marriott Salon I, Lobby Level, Marriott Wardman Park Hotel

The Bush Presidency and the Constitution

Moderator: Stephen M. Griffin, Tulane University School of Law
Speakers: Curtis A. Bradley, Duke University School of Law
Neal K. Katyal, Georgetown University Law Center
Saikrishna B. Prakash, University of San Diego School of Law
Kim Lane Scheppele, University of Pennsylvania Law School and Woodrow Wilson School Princeton University

It is not too early to reflect on the meaning of the Bush presidency for the Constitution. The last section program related to this topic in January 2002 occurred in the aftermath of the September 11, 2001 terrorist attacks, the executive order establishing military commissions, and the war in Afghanistan. With the benefit of hindsight, we can see that the full implications of the Bush presidency for our constitutional order lay in the future. The legal and constitutional meaning of the September 2001 “Authorization to Use Military Force” and the subsequent “Global War on Terror,” the 2003 Iraq War, the 2004 “torture memo” controversy, the 2005 revelations concerning the National Security Agency and the bypassing of the Foreign Intelligence Surveillance Act have still not been properly digested and understood by constitutional law scholars. In addition, there have been some limited interventions by the federal judiciary and the Supreme Court in the 2004 trilogy of cases headlined by Hamdi v. Rumsfeld, and last Term’s decision in Hamdan v. Rumsfeld.

At the level of theory, the concept of the “unitary executive” was actually debated by Congress during the fall 2005 Supreme Court nominations of Chief Justice Roberts and Justice Alito. It is likely that the meaning of the Bush presidency for constitutional theory goes well beyond this. After 9/11, the Bush presidency was increasingly marked by themes and narratives that expressed a sense that constitutional change had occurred. The idea that 9/11 was inherently a sharp break with the past, that statutes adopted in the 1970s were outmoded, that the experience of World War II, the Korean War, and the Vietnam War were irrelevant all involved a self-conscious attempt to found a new age for constitutional and international relations law. Going forward, the Bush presidency projected an indefinite war on militant Islam, the development of a domestic dimension to the Commander-in-Chief power, and the United States as a theater of war. The panel will attempt to take into consideration all of these elements.

Business Meeting at Program Conclusion.


8:30 - 10:15 a.m.
Section on Employee Benefits
Virginia Suite B, Lobby Level, Marriott Wardman Park Hotel

Teaching Employee Pensions in the Land Where 401(k) Plans are King

Moderator: Lawrence A. Frolik, University of Pittsburgh School of Law
Speakers: Kathryn Jennings Kennedy, The John Marshall Law School
Amy Buckley Monahan, University of Missouri-Columbia School of Law
Kathryn L. Moore, University of Kentucky College of Law

With the rapid decline in the number of defined benefit plans, it is appropriate to rethink how we teach our Employee Benefit classes, which to date have focused on Employee Retirement Income Security Act (ERISA) regulation of defined benefit plans. Today, defined contribution plans predominate. More particularly 401(k) plans are becoming the dominant form of an employer provided, qualified retirement plan. This session will begin with a review of the current law of 401(k) plans including the effect of litigation such as that arising out of the collapse of Enron. The panelists will then turn to a discussion of how they have or expect to modify their courses in Employee Benefits to reflect the changing patterns of employer provided retirement savings plans.

Business Meeting at Program Conclusion.


8:30 - 10:15 a.m.
Section on Graduate Programs for Foreign Lawyers
Maryland Suite C, Lobby Level, Marriott Wardman Park Hotel

Serving Our International Students: Supporting Excellence and Success

Moderator: Adi Altshuler, Northwestern University School of Law
Nancy Pinn, Harvard Law School
Speakers: Jonathan Black-Branch, Professor of Law, Oxford University, Oxford, England
Deborah Call, University of Southern California Gould School of Law
John F. Cooper, Stetson University College of Law
Jennifer D’Arcy Maher, Duke University School of Law
Sylvia Polo, Columbia University School of Law

Foreign-educated attorneys join our programs from a multitude of educational backgrounds with a wide range of expectations and goals. How can we best meet the needs of this diverse population and encourage achievement, in whatever form defined?

What modes of communication and content are most logical prior to arrival? What makes a good and informative orientation program? What tools do we provide to help guide our students through the academic year? How do we work with these students to help identify and satisfy their intellectual and professional objectives?

Through our panel representing large, small, recent and long-standing LLM programs for foreign-trained lawyers, we explore these and other critical questions. In doing so, we will seek to pool our collective expertise and together refine our definitions of excellence and success.

Business Meeting at Program Conclusion.


8:30 - 10:15 a.m.
Section on Insurance Law
Wilson B, Mezzanine Level, Marriott Wardman Park Hotel

American Health Insurance: Crossroads or Gridlock?
(Program to be published in Connecticut Insurance Law Journal)

Moderator: Jeffrey Stempel, University of Nevada, Las Vegas William S. Boyd School of Law

Is Health Insurance a Bad Idea? The Consumer-Driven Perspective
Speaker: Timothy Stoltzfus Jost, Washington and Lee University School of Law

Health Insurance and Regulatory Federalism
Speaker: David Hyman, University of Illinois College of Law

The Health Insurance Debate in Canada: Lessons for the United States
Speaker: Mary Anne Bobinski, Dean, Faculty of Law, University of British Columbia, Vancouver, Canada

The Impact of Insurance Policy on Health Care Disparities
Speaker: Dayna Bowen Matthew, University of Colorado School of Law

Commentator: Wendy K. Mariner, Boston University School of Law

Nearly 15 years has passed since the last large-scale debate over the American approach to heath insurance during the first year of the Clinton administration and its unsuccessful proposals for health insurance reform. Since then, widespread electoral discussion of the issue has faded but a series of incremental developments suggest that perhaps the time is again ripe for national attention to health insurance issues. In addition to the so-called third wave of claimed tort liability crisis and renewed efforts at medical malpractice reform in the states, several states have also forged their own programs for extending health insurance and prescription drug coverage to their citizens, with recent Massachusetts legislation perhaps the most prominent example. The federal government adopted a Medicare prescription drug program that represents the largest expansion of Medicare since its inception. Purchasing pharmaceuticals from Canada has increased, despite official warnings by the federal government and some states. Calls for universal, single-payer health insurance have also increased as have their ideological opposites, market or consumer-driven proposals. The Canadian system, often advocated as a single-payer model for the U.S., has been the focus of reexamination and debate, as have European systems.

This program will examine these developments with an eye toward determining whether health insurance is approaching a new juncture of salience in American politics and public policy. Participants will assess the current health care and health insurance situation, addressing comparative quality of different health insurance models, current proposals for reform, and the likely directions for the United States. Single-payer and other universal health care systems will be examined, as will health savings accounts, prescription drug plans, and state-specific initiatives. Inevitably, examining the state of health insurance also reflects upon issues of the quality, cost, and equitable distribution of health care.

Business Meeting at Program Conclusion.


8:30 - 10:15 a.m.
Section on Law and Sports, Co-Sponsored by Section on Comparative Law
Wilson A, Mezzanine Level, Marriott Wardman Park Hotel

New Frontiers in International and Comparative Sports Law

Moderator: Joseph Gordon Hylton, Marquette University Law School
Speakers: James A.R. Nafziger, Willamette University College of Law
Hayden Opie, Senior Lecturer, Melbourne Law School, University of Melbourne, Victoria, Australia
Stephen F. Ross, Pennsylvania State University Dickinson School of Law

In the 21st Century, sport at all levels is rapidly becoming more global and more international. These changes are making the study of sports law increasingly an exercise in comparative and international law. Although the American model of regulation of sport remains highly influential, it has competitors on the world stage. This panel examines a variety of contemporary issues in international and comparative sports law. Business Meeting of Section on Law and Sports at Program Conclusion.


8:30 - 10:15 a.m.
Section on New Law Professors
Marriott Salon III, Lobby Level, Marriott Wardman Park Hotel

Scholarship and the New Law Professor: Of Blogs, Books, Networks and the Placement Game

Moderator: Robert M. Chesney, Wake Forest University School of Law
Speakers: Dorothy Andrea Brown, Washington and Lee University School of Law
Paul L. Caron, University of Cincinnati College of Law
Mark A. Godsey, University of Cincinnati College of Law
Lawrence B. Solum, University of Illinois College of Law

Junior faculty members traditionally focus on the production of law review articles as the primary, if not exclusive, outlet for their scholarship. But other outlets and opportunities are out there, each with its own particular set of advantages and disadvantages. The panelists will draw on their extensive personal experience in discussing the pros and cons of a range of possibilities including academic press books; casebooks and other class-oriented books; unaffiliated publication and the role of online networks such as SSRN and Bepress; and, of course, blogs. Recognizing the continuing significance of the law review model, moreover, the panel also will discuss strategies associated with the law article placement process (as well as the interrelationships among these options).

Business Meeting at Program Conclusion.


8:30 - 10:15 a.m.
Section on Part-Time Division Programs
Delaware Suite A, Lobby Level, Marriott Wardman Park Hotel

Reasonably Comparable Opportunities for Part-Time Students: As Different As Night and Day?

Moderator: A. Darby Dickerson, Stetson University College of Law
Speakers: Carol Q. O’Neil, Georgetown University Law Center
Sondra Richardson Tennessee, University of Houston Law Center
Peter K. Rofes, Marquette University Law School

Under the ABA Standards, dual-division schools are charged with providing reasonably comparable opportunities to students in their full-time and part-time J.D. programs. This session will explore the challenges schools face in their efforts to provide reasonably comparable opportunities to diverse groups of students with different needs and constraints. This interactive program will focus on how to effectively include part-time students in extra- and co-curricular activities, the logistics of operating administrative offices to serve all groups of students effectively, scheduling full-time faculty to teach in evening and weekend programs, and the challenges of scheduling courses to provide meaningful curricular access to part-time students. In addition, the Section will present the results of a survey about part-time students that was conducted during the Fall of 2006. The results of this survey will provide a rich context for our discussion, and hopefully will generate ideas for scholarship regarding part-time students and dual-division programs.

Business Meeting at Program Conclusion.


8:30 - 10:15 a.m.
Section on Remedies
Virginia Suite C, Lobby Level, Marriott Wardman Park Hotel

Structural Remedies
(Program to be published in San Diego Law Review)

Moderator: Michael B. Kelly, University of San Diego School of Law
Speakers: Michael Patrick Allen, Stetson University College of Law
Sandy Bernstein, Legal Director, University Legal Services, Washington, D.C.
Doug Rendleman, Washington and Lee University School of Law
Margo Schlanger, Washington University School of Law
Russell L. Weaver, University of Louisville Louis D. Brandeis School of Law

This panel examines the various issues raised by structural injunctions. During the 1960s, in response to the United States Supreme Court’s holding in Brown v. Board of Education, courts began to issue so-called structural injunctions. In school desegregation cases, this process reached its zenith with the holding in Missouri v. Jenkins which restructured a school district, ordered massive tax increases, and involved a variety of things including the “effective schools” program.

In recent years, the “conventional wisdom” suggests that judicial use of structural remedies has been on the decline. In addition to the fact that courts have created barriers to the award of structural remedies, courts have begun to terminate existing structural decrees. In addition, Congress is considering legislation on the subject.

Business Meeting at Program Conclusion.


8:30 - 10:15 a.m.
Section on Women in Legal Education
Virginia Suite A, Lobby Level, Marriott Wardman Park Hotel

Subtle Sexism in Our Everyday Lives

Moderator: Pat K. Chew, University of Pittsburgh School of Law
Speakers: Deborah L. Brake, University of Pittsburgh School of Law
Arin N. Reeves, Esquire, Consultant, The Athens Group, Inc., Chicago, Illinois
Catharine Wells, Boston College Law School
Commentators: Margaret E. Montoya, University of New Mexico School of Law
Vernellia R. Randall, University of Dayton School of Law
Deborah L. Rhode, Stanford Law School

In their everyday lives—as law faculty, lawyers, and law students—women experience subtle forms of sexism. This sexism may be unconscious, covert, implicit, or seemingly trivial; yet this sexism may be pervasive and cumulatively harmful in ways that we are just beginning to understand. This program explores different forms of subtle sexism, including sexism directed at minority individuals.

The speakers and commentators will explore varied forms of subtle sexism in these settings. Anticipated topics include microaggressions, gender and race dynamics in law firms, subtle sexual harassment in law schools and law firms, and risks and costs of challenging sexism.


10:30 a.m. - 12:15 p.m.
Joint Program of the Association of American Law Schools and the American Society for Reproductive Medicine
Maryland Suite A & B, Lobby Level, Marriott Wardman Park Hotel

Emerging Issues in Assisted Conception: Advances and Confusion in Family Law

Moderator: Judith F. Daar, Whittier Law School
Speakers: Marcelle I. Cedars, M.D., Professor, Department of Obstetrics, Gynecology & Reproductive Sciences, University of California
San Francisco, San Francisco, California
Janet L. Dolgin, Hofstra University School of Law
John A. Robertson, The University of Texas School of Law

The introduction of assisted conception into family life a half century ago provided remarkable opportunities for parenthood but it likewise began a process of unraveling the traditional notions of mother and father. Splintering the genetic, gestational and social aspects of parenthood continued as reproductive medicine blossomed, offering in vitro fertilization, surrogate parenting arrangements, sperm, egg and embryo donation, with each treatment tailored to meet the specific medical and social needs of the prospective parent. This panel will explore the contemporary conundrums that surround reproductive technologies, focusing on the latest medical breakthroughs that assist conception and the emerging legal schemes that organize the family structure in the face of competing claims of parenthood. Dr. Cedars will share her clinical experience as an ART provider, highlighting how current medical techniques can translate into legal dilemmas. Professor Dolgin will share her dual expertise in law and anthropology, noting and explaining how reproductive technologies and the “new genetics” have shifted the family structure. Finally, Professor Robertson will address the rights of individuals to pursue parenthood, regardless of their marital status or sexual orientation, as part of a larger right of procreational autonomy.


10:30 - 12:15 p.m.
Hot Topic
Marriott Salon I, Lobby Level

Federalism, Autonomy and National Reconciliation in Iraq

Panelists: Feisal al-Istrabadi, Deputy Permanent Representative Iraqi Mission to the United Nations, New York, New York
Cyra A. Choudhury, Georgetown University
Haider Hamoudi, Columbia Law School
Michael Newton, Vanderbilt Law School
Hannibal Travis, Florida International University
Moderated by Clark Lombardi, University of Washington

This panel will focus on recent scholarship and political debates concerning plans for federalism and local autonomy in Iraq . The formation of a "national unity" government and the trial of Saddam Hussein have focused the world's attention on transitional justice and national reconciliation in Iraq . As the unity government's effectiveness has come into question, however, there has been increasing support for a loose confederation of regions or even a de facto partition modeled on the Dayton Accords in Bosnia . The incoming Democratic Chairman of the Senate Foreign Relations Committee, Joseph Biden of Delaware , called in September and again after the 2006 election for a decentralized Iraq with Kurdish, Shi'a, and Sunni regions modeled on the "ethnic federations" of Muslims, Croats and Serbs in Bosnia . Many in Iraq agree, with the Iraqi parliament passing legislation in October 2006 creating a procedure for individual provinces to join together to form federal regions like the Kurdistan Federal Region in northern Iraq . Others, like the Executive Director of the Iraq Foundation, a prominent NGO, argue that partition into a loose confederation of regions would be a "disaster," with stepped-up foreign intervention and a protracted civil war the likely result. This panel will address several questions: how can the United States and the international community reduce ethnic and sectarian tensions and promote national reconciliation in Iraq ? What role will federalism, local autonomy, and de jure or de facto partition play in reducing the scale of civil conflict and human rights abuses? What limits do the law of foreign occupation, international human rights, and the new constitution of Iraq place on measures promoting federalism and autonomy?

Panelists will include Rend al-Rahim, Executive Director of the Iraq Foundation and representative of the interim Iraqi government to the United States from 2003 to 2004; Cyra A. Choudhury, Georgetown University ; Haider Hamoudi, Columbia Law School ; Michael Newton, Vanderbilt Law School ; and Hannibal Travis, Florida International University . Moderated by Clark Lombardi, University of Washington , the panel will take place on Friday from 10:30 a.m. to 12:15 p.m. in the Marriott Salon I Ballroom, Lobby Level in the Marriott Wardman Park .


10:30 a.m. - 12:15 p.m.
Joint Program of Sections on Alternative Dispute Resolution and Employment Discrimination Law
Delaware Suite B, Lobby Level, Marriott Wardman Park Hotel

Dispute Resolution in Action: Examining the Reality of Employment Discrimination Cases
(Program to be published in Chicago-Kent Employee Rights and Employment Policy Journal)

Moderators: Andrea Kupfer Schneider, Marquette University Law School
Michelle A. Travis, University of San Francisco School of Law
Speakers: Susan Bisom-Rapp, Thomas Jefferson School of Law
Michael Z. Green, Texas Wesleyan University School of Law
E. Patrick McDermott, Professor, Franklin P. Perdue School of Business, Salisbury University, Salisbury, Maryland
Jean R. Sternlight, University of Nevada, Las Vegas William S. Boyd School of Law

This session will examine how employment discrimination cases are handled under different dispute resolution methods and the impact of each of these processes. Our first speaker will discuss internal employer compliance efforts and employment discrimination grievance programs, in part by analyzing recent sociology research on the ability of these programs to integrate the workplace and the effects that these programs have on judicial decision-making in litigated cases. Our second speaker will examine EEOC involvement in discrimination cases, including an analysis of recent empirical work examining EEOC mediation and conciliation programs. Our third speaker will address the arbitration of employment discrimination cases and the evolving law of mandatory arbitration in this area. Our fourth speaker will compare how other countries are dealing with employment discrimination cases, focusing in particular on the different laws and dispute resolution processes, as well as drawing some lessons for the U.S. Finally, our open discussion will use the presentations to address several questions: What are the differences in the programs discussed and what are the comparative advantages and disadvantages of each? Would different types of employment discrimination claims benefit from different types of dispute resolution processes? Does different law evolve from these processes? How do issues like fairness and justice compare among these processes?

Business Meeting of Section on Alternative Dispute Resolution at Program Conclusion.
Business Meeting of Section on Employment Discrimination at Program Conclusion.


10:30 a.m. - 12:15 p.m.
Joint Program of Sections on Creditors’ and Debtors’ Rights and Financial Institutions and Consumer Financial Services
Virginia Suite B, Lobby Level, Marriott Wardman Park Hotel

New Bankruptcy-Related Research and Its Implications for Consumer and Small Business Finance

Moderator: Melissa B. Jacoby, University of North Carolina School of Law
Speakers: Robert Chapman, University of Baltimore School of Law
Adam K. Feibelman, University of North Carolina School of Law
Creola Johnson, The Ohio State University Michael E. Moritz College of Law
Edward Rust Morrison, Columbia University School of Law

This section will feature four research projects, several of an interdisciplinary or comparative nature, that shed new light on important questions about the debtor-creditor relationships between lenders and individuals, families or small businesses.

Business Meeting of Section on Creditors’s and Debtors’ Rights at Program Conclusion.
Business Meeting of Section on Financial Institutions and Consumer Financial Services at Program Conclusion.


10:30 a.m. - 12:15 p.m.
Section on Environmental Law, Co-Sponsored by Sections on Natural Resources Law, Property Law, Real Estate Transactions, and State and Local Government Law
Maryland Suite C, Lobby Level, Marriott Wardman Park Hotel

Hurricane Katrina and the Environment: Causes, Consequences, and Future Restoration
(Program to be published in Law, Property and Society Series by Ashgate Publishing)

Moderator: Sheila Rose Foster, Fordham University School of Law
Speakers: Ivor Van Heerden, Professor of Civil and Environmental Engineering and Deputy Director, Louisiana State University Hurricane Center, Baton Rouge, Louisiana
Oliver Austin Houck, Tulane University School of Law
Wilma Subra, President, Subra Company, New Iberia, Louisiana
Ivor Van Heerden, Professor of Civil and Environmental Engineering, and Deputy Director of the Louisiana State University Hurricane Center
Robert R.M. Verchick, Loyola University New Orleans School of Law

This panel will explore some of the enormous environmental implications of Hurricane Katrina. For the past three hundred years, human activity has dramatically altered the natural environment in and around New Orleans. Most prominently, Louisiana has lost more than 1.2 million acres of coastal wetlands since the 1930’s largely due to the construction of a vast network of levees, channels, access canals, and infrastructure related to oil and gas drilling development, wetlands that serve as natural coastal flood barriers and highly valuable ecological resources. To what extent were the devastating impacts of Katrina attributable to damage to Louisiana’s coastal wetlands and other natural features? How should efforts to restore Louisiana’s coastal ecosystem and rebuild its flood control infrastructure proceed? To what extent can we and should we seek to let natural processes, flood courses, sediment flow, and so forth run their course? Professor Houck has framed the issue as whether we should “start from the premise that we are going to protect as much of the Louisiana coast as we can from hurricanes and then graft on restoration measures....[or] from the premise that we are going to restore as much of the Louisiana coast as we can and then see what we can do, within that context, to protect people from hurricanes.”

The impacts of Katrina were felt particularly acutely by poor and minority communities. Despite advance knowledge that tens of thousands of residents—many poor, black and elderly—would be unable to evacuate themselves in the event of serious disasters, governments at all levels failed to adequately plan for their safe evacuation. To what extent was this (and other related failures) part of a pattern in which low income communities and communities of color are overlooked in the disaster preparation plans, and receive less rapid attention in their aftermath? Race and income have long played key roles in the distribution of environmental hazards and benefits in New Orleans, with low income communities and communities of color located near a disproportionate share of polluting facilities and contaminated property, with less access to public amenities and less protection from floods (whether natural or man-made). What processes have led to these inequities, and moving forward, what lessons can we draw for more equitable land use, environmental and natural resource policy? What approach to clean up and rebuilding can best achieve environmental justice for these communities?

Business Meeting of Section on Environmental Law at Program Conclusion.


10:30 a.m. - 12:15 p.m.
Section on International Legal Exchange
Wilson A, Mezzanine Level, Marriott Wardman Park Hotel

J.D. Students at Foreign Schools: Evaluation, Integration, Impact

Moderator: Adelaide Ferguson, Temple University James E. Beasley School of Law
Speakers: Markus Baumanns, CEO and Provost, Bucerius Law School, Hamburg, Germany
Larry Steven Bush, Cornell Law School
Virginia B. Gordan, The University of Michigan Law School
Judith A. Horowitz, Duke University School of Law

American law schools are increasingly allowing Juris Doctor students to earn credit in foreign institutions or in foreign semester-long internships. Foreign study provides an important educational experience that cannot be replicated at the home law school, but it also creates significant challenges. In thinking about this question, we ask ourselves what are the elements of a truly excellent international exchange experience? How can law schools use study or internships abroad to enrich and enhance the overall law school education?

Issues to be discussed include: Quality control and monitoring: How are law schools monitoring the quality of the educational experience in a foreign university? How do we determine that the content and the quality of the student’s academic work justify giving credit toward the JD degree? How are semester-long internships translated in to an academic credit-worthy experience? How much credit should be given?

Integration of foreign and home schools: Are law schools making any effort to integrate the experiences of the individual students who study abroad into the law school community to promote globalization in the overall law school community? How can the faculty become more involved in what is often a student-oriented experience? What are some creative suggestions for integration? Pre- and post- departure seminars? Virtual seminars linking students studying/working abroad with home school faculty and their peers? Student presentations for the law school community upon return?

Impact on the home school: Is the home school’s educational program affected by having a significant part of their J.D. student body abroad, and replaced, at least in part, by exchange students? Are course enrollments, law review editorial boards and other student organizations affected? Do large numbers of students studying or interning abroad create unexpected administrative issues? How can these issues be addressed?

Business Meeting at Program Conclusion.


10:30 a.m. - 12:15 p.m.
Section on Jurisprudence, Co-Sponsored by Section on Constitutional Law
Wilson C, Mezzanine Level, Marriott Wardman Park Hotel

Author Meets Critics: Our Undemocratic Constitution: Where the Constitution Goes Wrong (and How the People Can Correct It)
(Program to be published in University of Illinois Law Review)

Moderator: Lawrence B. Solum, University of Illinois College of Law
Speakers: Sanford Levinson, The University of Texas School of Law

This ‘author meets critics’ session will focus on Professor Levinson’s forthcoming book, Where the Constitution Goes Wrong. Professor Levinson’s book focuses on the ways in which the United States Constitution is undemocratic, including for example, equal representation of states in the Senate, the electoral college, and the difficulty of amendment. Professor Levinson will respond to a variety of perspectives on the book.

Business Meeting of the Section on Jurisprudence at Program Conclusion.


10:30 a.m. - 12:15 p.m.
Section on Law and Interpretation
Hoover, Mezzanine Level, Marriott Wardman Park Hotel

The Past and Future of Legal Pluralism

Moderator and Speaker: Paul Schiff Berman, University of Connecticut School of Law
Speakers: Elena Annette Baylis, University of Pittsburgh School of Law
Sally Engle Merry, New York University School of Law
W. Michael Reisman, Yale Law School
Carol Ann Weisbrod, University of Connecticut School of Law

Legal pluralists have long noted that “law” cannot be viewed solely as the coercive commands of a sovereign power. Yet, while studies of pluralism have historically tended to focus on religious communities, ethnic enclaves, and the interaction between colonial and indigenous law-making, scholars are increasingly turning to other sites where multiple legal systems interact. Indeed, interest in globalization, with its varied normative centers—international organizations, transnational and international courts, NGOs, social movements, multinational corporations, online communities, industry standards, trade finance bankers, terrorist networks, and the like—promises to make pluralist insights relevant to a new generation of academic inquiry. This panel will take stock of legal pluralism as an interpretive lens and consider possible directions for future scholarship.

Business Meeting at Program Conclusion.


10:30 a.m. - 12:15 p.m.
Section on Law and the Social Sciences
Coolidge, Mezzanine Level, Marriott Wardman Park Hotel

Designing Empirical Legal Inquiry

Moderator: Tracey E. George, Vanderbilt University Law School
Speakers: Chris Guthrie, Vanderbilt University Law School
Andrew D. Martin, Washington University School of Law
Nancy Christine Staudt, Northwestern University School of Law
Ahmed Taha, Wake Forest University School of Law

Empirical legal scholarship (ESL) includes several components: a research question, hypotheses about the answer and testing those hypotheses against real world observation. A key component of ELS research design is the choice of empirical evidence from the great variety that exists. This panel will explore that choice. Each panelist has used a different type of empirical evidence to examine a common research question: How do judges make decisions? An empirical scholar could answer this question by interviewing judges, examining their personal papers, analyzing their opinions, or conducting experiments. Panelists will discuss the rationale for each particular type of evidence and the relative advantages and disadvantages of each.

Business Meeting at Program Conclusion.


10:30 a.m. - 12:15 p.m.
Section on Litigation
Virginia Suite C, Lobby Level, Marriott Wardman Park Hotel

Experts in the Courtroom

Moderator: Novella L. Nedeff, Indiana University School of Law, Indianapolis
Speakers: John M. Conley, University of North Carolina School of Law
Frances Watson Hardy, Indiana University School of Law, Indianapolis
Jane C. Moriarty, University of Akron C. Blake McDowell Law Center
Michael J. Saks, Arizona State University College of Law

One or more presenters were selected from a call for papers.

This session will focus on frequent problems posed when litigants attempt to introduce expert testimony in the courtroom. The program will address how law teachers can assist attorneys, judges, and experts faced with these issues.

As science and psuedo-science expand, the courts are faced with evaluating a wide range of expert testimony under Daubert. Are experts more likely to be allowed in certain types of litigation? Do some classes of litigants routinely have greater success than others in presenting their experts? Are these patterns due to problems with the witness, the science, or the legal system?

The panel will discuss emerging patterns in rulings on the admissibility of expert testimony in civil and criminal litigation. They will offer prescriptions for dealing fairly with expert testimony. The panel will also address how law schools might become involved with the larger university to advance the admissibility of some fields of expertise.

Business Meeting at Program Conclusion.


10:30 a.m. - 12:15 p.m.
Section on Professional Responsibility
Delaware Suite A, Lobby Level, Marriott Wardman Park Hotel

Navigating Treacherous Waters: Initiating an Investigation, Going Up the Ladder and Reporting Out
(Program to be published in Saint Louis University Law Journal)

Moderator: Carol A. Needham, Saint Louis University School of Law
Speakers: Sarah Helene Duggin, The Catholic University of America Columbus School of Law
Susan Paris Koniak, Boston University School of Law
Jeffrey J. Rachlinski, Cornell Law School
Milton C. Regan, Jr., Georgetown University Law Center
Charles W. Wolfram, Cornell Law School

One or more presenters were selected from a call for papers.

A central concern for lawyers advising entities is dealing properly with the constituents of the organization, especially as problematic events are unfolding. Simply requiring lawyers to go “up the ladder” to alert the CEO and the Board does not even address an important part of the problem: the human dimension. Making the decision to initiate an investigation can be difficult. In the confusion of a developing situation, it can take an extended period of time to establish actionable levels of factual knowledge. Even when there are no intentional efforts to mislead counsel for the company, situations arise in which the recipients’ willful disregard or lack of understanding lead to a response which indicates that the unwelcome news the lawyer is trying to bring to their attention has not been heard. Cognitive psychology may illuminate ways to lessen these difficulties. Organizational culture can also play a role; law firm partners remind their associates and clients that “we are not deal-killers” and in-house counsel experience pressure from management to “be a team player.” Academics are perhaps uniquely positioned to publicly question some of the key assumptions undergirding the current system. Are the current PR regulations drawing the lines in the right place? What would be the effect of allowing lawyers greater freedom to report out? What happens to the lawyers on a human level during the interval in which they are sorting out the next action they are required/permitted to take? In what ways can we support lawyers’ exercise of their professional judgment so that they will have less incentive to “close their eyes to the obvious” and avoid investigating problematic situations? What is the impact on internal investigations of prosecutors’ use of corporations’ waiver of the attorney-client privilege in connection with charging decisions, enforcement negotiations and as a factor in evaluating the entity’s “cooperation” for purposes of calculating culpability scores?

Business Meeting at Program Conclusion.


10:30 a.m. - 12:15 p.m.
Section on Scholarship
Virginia Suite A, Lobby Level, Marriott Wardman Park Hotel

Crafting a Scholarly Persona

Moderator: Kimberly Kessler Ferzan, Rutgers, The State University of New Jersey School of Law, Camden
Speakers: Ian Ayres, Yale Law School
Paul H. Robinson, University of Pennsylvania Law School
Carol Sanger, Columbia University School of Law

In a format intended to roughly model Bravo’s Inside the Actor’s Studio, the moderator will interview three established scholars, Professors Ayres, Robinson and Sanger, about their scholarly career paths. The discussion will include how these scholars have chosen article topics, what they see the goals of their scholarship to be, and how they view their own work over the course of their careers.


10:30 a.m. - 12:15 p.m.
Section on Securities Regulation
Wilson B, Mezzanine Level, Marriott Wardman Park Hotel

Current Topics in Securities Regulation

Moderator: Stephen J. Choi, New York University School of Law

One or more presenters were selected from a call for papers.

Litigation Risk and the Forward-Looking Safe Harbor of the Private Securities Litigation Reform Act
Speakers: Adam Christopher Pritchard, The University of Michigan Law School

The New Shareholder Activism
Speakers: Frank Partnoy, University of San Diego School of Law
Randall Stuart Thomas, Vanderbilt University Law School

A Consumer-Protection Approach to Mutual Fund Disclosure: Reducing the Incidence of Poorly Informed Investor Behavior versus Ensuring Optimal Portfolio Decisions
Speaker: Joseph A. Franco, Suffolk University Law School

Why You Want Your CEO to Lie to You After the Supreme Court’s Dura Pharmaceuticals Decision
Speaker: James C. Spindler, University of Southern California Gould School of Law -view paper-

Business Meeting at Program Conclusion.


10:30 a.m. - 12:15 p.m.
Section on Taxation
Harding, Mezzanine Level, Marriott Wardman Park Hotel

Can the Income Tax Survive in a Globalized Economy?

Moderator: Linda M. Beale, University of Illinois College of Law
Speakers: Craig M. Boise, Case Western Reserve University School of Law
Robert Joseph Peroni, The University of Texas School of Law
Julie Roin, The University of Chicago The Law School

As ever more businesses and business transactions span national borders, problems in the current rules for the taxation of transnational transactions have become more apparent. Indeed, taxpayers’ ability to cause large parts of the corporate income tax base to disappear into tax havens suggests that these rules may be the Achilles’ heel of the U.S. income tax system. The panel will discuss the problems that have arisen in the operation of the income tax in a multijurisdictional environment, identify several reform proposals, and analyze the likelihood of their success from both technical and political standpoints. Underlying this discussion of deferral, formulary taxation and individual tax avoidance opportunities is the question of whether the income tax can be enforced in the modern economy, or whether practical considerations will force the U.S. to move towards a consumption tax mechanism such as a value added tax.

Business Meeting at Program Conclusion.


12:15 - 1:30 p.m.
Section on Clinical Legal Education Luncheon
Washington Room 4, Exhibition Level, Marriott Wardman Park Hotel

(Tickets were sold in advance. If available, a ticket may be purchased at On-Site Registration until 12:00 p.m. on Thursday, January 4. Tickets will not be for sale at the luncheon.)


12:15 - 1:30 p.m.
Section on Criminal Justice Luncheon
Washington Room 3, Exhibition Level, Marriott Wardman Park Hotel

(Tickets were sold in advance. If available, a ticket may be purchased at On-Site Registration until 12:00 p.m. on Thursday, January 4. Tickets will not be for sale at the luncheon.)


12:15 - 1:30 p.m.
Section on Evidence Luncheon
Washington Room 6, Exhibition Level, Marriott Wardman Park Hotel

Speaker: Stephen A. Saltzburg, The George Washington University Law School

The luncheon will feature a talk by Professor Saltzburg on the Evidence Jurisprudence of the Honorable Edward R. Becker. Judge Becker, who passed away last year, addressed the Section on Evidence as a key note speaker at the Iowa Evidence conference. The Judge’s Evidence cases and scholarship are renown. He was particularly noted for his work on experts and hearsay. Judge Becker’s law review article, “In Praise of Footnotes,” is a darling of academics everywhere. Professor Saltzburg, editor of the Federal Rules of Evidence Manual and a personal friend of the Judge, will weave together insights into Judge Becker’s profound influence on evidence law with anecdotes about a memorable man whose character, dedication to the principles of justice, and delightful sense of humor made him one of the great jurists of our time. The talk will be both touching and informative.

(Tickets were sold in advance. If available, a ticket may be purchased at On-Site Registration until 12:00 p.m. on Thursday, January 4. Tickets will not be for sale at the luncheon.)


12:15 - 1:30 p.m.
Section on Legal Writing, Reasoning and Research Luncheon
Washington Room 5, Exhibition Level, Marriott Wardman Park Hotel

(Tickets were sold in advance. If available, a ticket may be purchased at On-Site Registration until 12:00 p.m. on Thursday, January 4. Tickets will not be for sale at the luncheon.)


12:15 - 1:30 p.m.
Section on Mass Communication Law Luncheon
Washington Room 1, Exhibition Level, Marriott Wardman Park Hotel

A Conversation with Daniel Ellsberg

Speaker: Daniel Ellsberg, Author and Former U.S. Department of State Official, Kensington, California

(Tickets were sold in advance. If available, a ticket may be purchased at On-Site Registration until 12:00 p.m. on Thursday, January 4. Tickets will not be for sale at the luncheon.)

Professors will be given an opportunity to informally discuss the Pentagon Papers case and current national security issues with Mr. Ellsberg.


12:15 - 1:30 p.m.
Section on Minority Groups Luncheon
Marriott Salon II, Lobby Level, Marriott Wardman Park Hotel

Speaker: Dennis D. Parker, Director, American Civil Liberties Union Racial Justice Program

(Tickets were sold in advance. If available, a ticket may be purchased at On-Site Registration until 12:00 p.m. on Thursday, January 4. Tickets will not be for sale at the luncheon.)


12:15 - 1:30 p.m.
Section on Sexual Orientation and Gender Identity Issues Luncheon
Washington Room 2, Exhibition Level, Marriott Wardman Park Hotel

The New Congress: What Does It Mean?

Speaker: Robert Raben, Founder, The Raben Group, Washington, DC

(Tickets were sold in advance. If available, a ticket may be purchased at On-Site Registration until 12:00 p.m. on Thursday, January 4. Tickets will not be for sale at the luncheon.)


1:30-3:15 p.m.
AALS Executive Committee Program

Learning, Educating and the Law School Years

Speakers: William D. Henderson, Indiana University School of Law-Bloomington
William M. Sullivan, Senior Scholar, The Carnegie Foundation for the Advancement of Teaching, Stanford , California
Lindsay Watkins, Project Manager, Law School Survey of Student Engagement, Center for Postsecondary Research, Indiana University Bloomington

William M. Sullivan will preview the forthcoming work, Educating Lawyers (Jossey-Bass, March 2007). The study, one of a series of reports issued by the Carnegie Foundation for the Advancement of Teaching, is based on intensive field work at a cross-section of 16 law schools. Mr. Sullivan's comments will invite collective reflection on the strengths and weaknesses of modern legal education. As a complement to Mr. Sullivan's presentation, Ms. Watkins will summarize findings from the Law School Survey of Student Engagement. Ms. Watkins will explain the value of obtaining valid, reliable data on legal education from the student perspective. She will link the practical aspects of LSSSE to the larger common initiative to advance student learning in law school. Professor Henderson will explore the potential uses of LSSSE to law schools interested using a data-driven approach to improve legal-education. Professor Henderson will frame potential research questions for researchers and administrators and explore the types of datasets necessary to answer these questions.


1:30 - 3:15 p.m.
AALS Committee on International Cooperation Program
Maryland Suite A & B, Lobby Level, Marriott Wardman Park Hotel

Development of International Student Exchanges

Moderator: Michael A. Adams, Faculty of Law, University of Technology, Sydney, Lindfield, Australia
Speakers: Laurence Boissier, Professor, Université Montpellier III-Paul Valéry, Montpeillier, France
Macarena Saez, American University Washington College of Law
Linda O. Smiddy, Vermont Law School
Clive Walker, Professor, Department of Law, University of Leeds, Leeds, United Kingdom
Russell L. Weaver, University of Louisville Louis D. Brandeis School of Law

This panel will examine the development of international student exchanges by U.S. and foreign law schools. Speakers will address some of the challenges confronted in a university environment, as well as some of the challenges confronted in a free-standing law school environment. International speakers will discuss programs that bring large numbers of foreign speakers to their law schools.


1:30 - 3:15 p.m.
Section on Antitrust and Economic Regulation
Wilson C, Mezzanine Level, Marriott Wardman Park Hotel

Will the Internet Restructure Telephony?

Moderator: Mark A. Lemley, Stanford Law School
Speakers: Susan P. Crawford, Yeshiva University Benjamin N. Cardozo School of Law
Howard A. Shelanski, University of California, Berkeley School of Law
James B. Speta, Northwestern University School of Law
Philip J. Weiser, University of Colorado School of Law
Christopher S. Yoo, Vanderbilt University Law School

Telephone calls are increasingly routed over the network by means of the Internet protocol, even if they are dialed as traditional phone calls. As more and more people foresake the traditional phone system altogether for cellular and voice over Internet protocol (VOIP) calls, the long-standing economic structure of this regulated industry is nearing collapse. At the same time, content traditionally carried over the airwaves or able lines is increasingly moved over the phone lines. The FCC is considering whether to regulate the Internet in response, and telephone companies are seeking to charge for Internet content in a variety of new ways. Amidst this uncertainty, Congress is poised to rewrite the Telecommunications Act. This panel will assess the regulatory law and the economics of telephony in the Internet era.

Business Meeting at Program Conclusion.


1:30 - 3:15 p.m.
Section on Civil Rights, Co-Sponsored by Section on Minority Groups
Wilson A, Mezzanine Level, Marriott Wardman Park Hotel

Empiricism and Civil Rights Litigation in Practice: When Theory Meets the Real World
(Program to be published in The Urban Lawyer)

Moderator: Michael Lewis Wells, University of Georgia School of Law
Speakers: Thomas A. Eaton, University of Georgia School of Law
Lee Epstein, Washington University School of Law
Harold S. Lewis, Jr., Mercer University Law School

Civil rights law, like other areas, often is predicated on predictions about how a given rule will effect human and institutional behavior. These predictions are grounded in assumptions about behavior that are empirical in nature, though rarely backed up by actual empirical observations. Even less common, are efforts to determine whether actual behavior squares with the prediction. This program will explore the extent to which qualitative and quantitative empirical research may shed light on the real-world impact of civil rights doctrine on individual and institutional behavior. For example, Professors Lewis and Eaton employ the qualitative technique of the structured interview to explore the impact of Rule 68 offers of judgment on civil rights and employment discrimination litigation in the wake of the Supreme Court’s 1985 decision of Marek v. Chesny. This study finds that contrary to the near universal predictions, Rule 68 offers are rarely made and do not put undue pressure on plaintiffs in fee shifting cases to resolve their disputes or risk recovery of their attorney’s fees.

Business Meeting for Section on Civil Rights at Program Conclusion.


1:30 - 3:15 p.m.
Section on Contracts
Virginia Suite B, Lobby Level, Marriott Wardman Park Hotel

New Frontiers in Private Ordering
(Program to be published in Arizona Law Review )

Moderator: Jean Braucher, The University of Arizona James E. Rogers College of Law

Speakers:

Cubewrap Contracts; The Rise of Standard Form Employment Agreements
Rachel S. Arnow-Richman, University of Denver College of Law (selected from Call for Papers)

Privatizing Employment Protections
Ian Ayres, Yale Law School, and Jennifer Gerarda Brown, Quinnipiac University School of Law

Distributive Motives and Contract Adjudication in the Age of Welfare Reform
Daniela Caruso, Boston University School of Law (selected from Call for Papers)

Private Ordering and Social Justice: Reconceptionalizing The Right to Contract
Michele Goodwin, DePaul University College of Law

Commentator: Martha M. Ertman, University of Utah S. J. Quinney College of Law

This program will explore ways in which contracts, real or metaphorical, are being used to deal with problems that public law is not necessarily addressing very effectively. A “new frontier” in private ordering can involve, among other possibilities, an unusual purpose of contracting or an unusual subject matter of the contract. Both celebratory and critical perspectives on private ordering will be included. The presenters will address ways to contract around homophobia, negotiated sales of body parts, employment form terms that limit employees' ability to find alternative work or pursue statutory discrimination claims, and the effects of welfare reform on courts' receptivity to distributive goals in contract adjudication. Overall, the program will examine interesting examples of new private ordering, develop theoretical perspectives on these examples, and consider strengths and weaknesses of using private rather than public ordering to address social problems.

Business Meeting at Program Conclusion.


1:30 - 3:15 p.m.
Section on Defamation and Privacy
Virginia Suite A, Lobby Level, Marriott Wardman Park Hotel

Information, Technology, and Privacy: What’s Next?

Moderator: Daniel Justin Solove, The George Washington University Law School
Speakers: Julie E. Cohen, Georgetown University Law Center
Neil Michael Richards, Washington University School of Law
Pamela Samuelson, University of California, Berkeley School of Law
Paul M. Schwartz, Brooklyn Law School
Lior Jacob Strahilevitz, The University of Chicago The Law School

Information privacy—and information law more generally—has emerged as a popular and vibrant field. From National Security Agency (NSA) surveillance to Radio Frequency Identification (RFID) tags to data security and identity theft to Google search queries, new issues constantly keep arising. This panel will focus on the future direction of the field. What’s next? At a specific level, what kinds of issues will be at the forefront in the years to come? At a more general level, what direction will the field of information privacy law—and related fields such as intellectual property, cyberlaw, computer crime and other information technology areas—be heading in? What kinds of questions will the scholarship take up? What will the curriculum look like? This panel will take stock of how the field has developed and where it is heading in the future. The aim of this program is for panelists to address these questions by engaging in a conversation between themselves and the audience.

Business Meeting at Program Conclusion.


1:30 - 3:15 p.m.
Section on Donative Transfers, Fiduciaries and Estate Planning
Wilson B, Mezzanine Level, Marriott Wardman Park Hotel

New Perspectives on the Law of Trusts

Moderator: Thomas P. Gallanis, Washington and Lee University School of Law
Speakers: Gregory S. Alexander, Cornell Law School
Tanya Kateri Hernandez, Rutgers, The State University of New Jersey Center for Law & Justice
Jeffrey A. Schoenblum, Vanderbilt University Law School
Robert H. Sitkoff, New York University School of Law

The panel will emphasize what we can learn about trust law from four interdisciplinary perspectives: legal history, comparative/transnational law, law and economics, and critical race theory. Each speaker will concentrate on one of these perspectives. The speakers will discuss insights that have already been gained and offer advice for scholars who might be interested in working from one or more of these perspectives but have not done so yet. The aim of the panel is to encourage and facilitate more interdisciplinary scholarship.

Business Meeting at Program Conclusion.


1:30 - 3:15 p.m.
Section on Federal Courts
Marriott Salon I, Lobby Level, Marriott Wardman Park Hotel

The Embattled Federal Judiciary and Constitutional Justice

Moderator and Speaker: Lawrence Gene Sager, The University of Texas School of Law
Speakers: Rebecca L. Brown, Vanderbilt University Law School
Barry Friedman, New York University School of Law
Larry D. Kramer, Stanford Law School

Business Meeting at Program Conclusion.


1:30 - 3:15 p.m.
Section on International Law, Co-Sponsored by Sections on Comparative Law, Constitutional Law, Law and Communitarian Studies
Delaware Suite B, Lobby Level, Marriott Wardman Park Hotel

Human Rights in an Age of Terror

Moderator: Joseph W. Dellapenna, Villanova University School of Law
Speakers: Harold Hongju Koh, Yale Law School
Mary Ellen O’Connell, Notre Dame Law School
Robbie Sabel, Professor, Department of International Relations, The Hebrew University of Jerusalem, Jerusalem, Israel

One or more presenters were selected from a call for papers.

In many ways, the history of humankind can be seen as a struggle for the recognition and implementation of certain fundamental rights for individuals and groups. Among the foremost expressions of this struggle were three documents crafted at the end of the eighteenth century: The Declaration of Independence, the Bill of Rights, and the Declaration of the Rights of Man. The struggle was transformed in the aftermath of World War II with the establishment of the United Nations and its sponsorship of the Universal Declaration of Human Rights in 1948, followed by a growing list of international human rights instruments ratified regionally or globally. At the same time, a body of international humanitarian law evolved from the Hague Conventions at the beginning of the century to the Geneva Conventions of 1949 and the three additional protocols from the last third of the century. The advent of terrorists wielding weapons that kill thousands and potentially gaining access to weapons of mass destruction have led some officials and commentators to question whether the protections of individuals given by international human rights law and international humanitarian law are too restrictive of governments that need to prevent and not simply punish such acts of terror. The Office of Legal Counsel of the U.S. Department of Justice has put forth several memoranda making or suggesting such arguments, and the Attorney General of the United States endorsed these arguments while he was White House Legal Counsel. This panel will discuss these developments and consider the extent to which, if any, the rules laid down in the relevant international legal instruments or in the U.S. Constitution need to be revised or reinterpreted.

Business Meeting of Section on International Law at Program Conclusion.


1:30 - 3:15 p.m.
Section on Labor Relations and Employment Law
Virginia Suite C, Lobby Level, Marriott Wardman Park Hotel

New Ways of Governing the Workplace

Moderator: Cynthia L. Estlund, Columbia University School of Law
Speakers: Lance Compa, Senior Lecturer, Department of Collective Bargaining, Labor Law & Labor History, Cornell University Department of Collective, Ithaca, New York
Jennifer Lynn Gordon, Fordham University School of Law
Orly Lobel, University of San Diego School of Law
Charles Frederick Sabel, Columbia University School of Law
Judith Scott, General Counsel, Service Employees International Union, Washington, D.C.

In the wake of rampant and sometimes violent discontent with the raw and unregulated labor markets of the early 20th century, three basic modes of workplace governance took hold in the U.S., beginning in the New Deal: Unionization and collective bargaining; centralized enforcement of minimum labor standards; and later, private litigation in support of individual rights. None of those three modes of social control ever fully penetrated the low-wage sector, and all three now face severe strains across the board: The domain of collective bargaining has shrunk to eight percent of the private sector workforce; “command-and-control” regulation has come under attack as both too rigid and too easily evaded in a globally competitive economy; and rights enforcement through litigation, always unwieldy and inaccessible to most lower-wage workers, is giving way in many quarters to private arbitration. The regulatory crisis is most acute at the bottom of the labor market, where many employers operate below the regulatory radar; but it is advancing across the board.

There is a pressing need for new institutions and new approaches to governing the workplace and labor conditions for the increasingly globalized and competitive economy and its footloose and fast-changing organizations. New theories of governance and new regulatory practices have indeed been emerging, mostly outside the traditional boundaries of labor and employment law, and outside the boundaries of the U.S. The global anti-sweatshop movement has pioneered some promising approaches to workplace governance. Some labor unions are trying out novel forms of representation, often in conjunction with other non-governmental actors, and usually outside of the National Labor Relations Act.

This panel will discuss new theories of governance as they apply to the regulation of work and labor conditions, and the novel practices that are both informing and informed by the new theories. Can they work? Can they realize rights, improve labor standards, and give a voice to workers? Can they restore a measure of democratic accountability and social control over the world of work?

Business Meeting at Program Conclusion.


1:30 - 3:15 p.m.
Section on Law Libraries
Marriott Salon III, Lobby Level, Marriott Wardman Park Hotel

Open Access and the Future of Legal Scholarship:
Copyright, Print Journals and Electronic Repositories

Moderator: Filippa Marullo Anzalone, Boston College Law School
Speakers: Michael W. Carroll, Villanova University School of Law
Richard A. Danner, Duke University School of Law
F. Gregory Lastowka, Rutgers, The State University of N.J. School of Law, Camden

Open access has been described as the electronic publication of scholarly works in a manner that makes them accessible without charge to the reader. In an open access environment, scholars can freely publish their scholarship in both print and electronic formats. The proliferation of articles published in repositories such as Social Science Research Network (SSRN) and Berkeley Electronic Press as well as on faculty and law school home pages indicates the wide spread acceptance of (mostly) free access to electronic publishing. At the same time the student-edited journals are increasingly concerned about subscription rates, revenues and licensing agreements with their authors as well as with vendors such as Westlaw and Lexis. The end result is that the life cycle of an article may start with a free accessible electronic posting that is removed when the print version is published. It then later appears electronically in a commercial database. The resulting process conflicts with the author’s desire for widespread distribution of the scholarship and the library’s goal of insuring easy access to that scholarship.

What, then, is the most viable method for publishing and distributing legal scholarship today? Will the open access movement change our entire definition of access to legal scholarship? Can or should the student-edited journal survive in an age of electronic publishing? Professor Carroll will discuss the issues of open access and make his predictions on the future of legal scholarship. Professor Lemley will discuss the various copyright and licensing implications and how can authors best protect their ability to distribute their works as widely as possible. Professor Danner will present the experiences at one school in electronic publishing.

Business Meeting at Program Conclusion.


1:30 - 3:15 p.m.
Section on Law and Anthropology
Maryland Suite C, Lobby Level, Marriott Wardman Park Hotel

Members and Strangers in the Liberal State

Moderator: Naomi Mezey, Georgetown University Law Center

The Cultural Life of Liberalism and the Science Law Nexus
Speaker: Gabriella Coleman, Anthropologist, Science, Technology and Society, University of Alberta, Edmonton, Canada

Temporary Workers and the Threat to Assimilation
Speaker: Cristina Rodríguez, New York University Law School

Members and Strangers in the Liberal State
Speaker: Ayelet Shachar, University of Toronto Faculty of Law

Romancing Liberalism: Marrying the Stranger, Estranging the Married, and Other Ways that Liberalism and Romanticism Turn Strangers into Friends and Families into Strangers in the Domains of Faith, Literature and Love
Speaker: Nomi Maya Stolzenberg, University of Southern California Gould School of Law

The Stranger and the Barbarian
Speaker: Martha Umphrey, Professor, Department of Law Jurisprudence and Social Thought, Amherst College, Amherst Massachusetts

Business Meeting at Program Conclusion.


1:30 - 3:15 p.m.
Section on Minority Groups
Delaware Suite A, Lobby Level, Marriott Wardman Park Hotel

Katrina and Race: The Multiple Dimensions

Moderator: David D. Troutt, Rutgers, The State University of New Jersey Center for Law & Justice
Speakers: Sheryll D. Cashin, Georgetown University Law Center
Anthony Paul Farley, Boston College Law School
Ruben J. Garcia, California Western School of Law
Cheryl Harris, University of California at Los Angeles School of Law
Thomas Wuil Joo, University of California at Davis School of Law
John Valery White, Louisiana State University Law Center
Adrien Katherine Wing, University of Iowa College of Law

Panelists will discuss the class and race dimensions of the ongoing tragedy and how those dimensions impact legal rules and paradigms brought to bear on and in response to the tragedy. The themes range from the structural vulnerability of black urban communities in ghetto poverty to the role of faith in recovery; the “framing” of victim status and reassessments of cognizable harms endured by the displaced; the racial politics of post-millennial urban America to insights about rights gleaned from international law; the interaction of labor, immigration and race in the reconstruction; and finally a consideration of Louisiana’s complex racial landscape and the way in which the race issue in Katrina has been portrayed as only as a “black and white” issue.

Business Meeting at Program Conclusion.


1:30 -3:15 p.m.
AALS Executive Committee and ABA Accreditation Policy Task Force Open Forum
Location: Hoover, Mezzanine Level

The Accreditation Policy Task Force of the ABA Section of Legal Education and Admissions to the Bar is co-sponsoring with AALS an "open forum" at the Annual Meeting. Although this Task Force is an independent entity created by the ABA, as the official accrediting body for law schools, AALS is cosponsoring this program because of the importance of the issues the Task Force is addressing to those who will be attending the AALS Annual Meeting.  The Task Force was appointed by Council Chair Bill Rakes to "take a fresh look at the accreditation process from a policy perspective". The Task Force has created a work group to develop a Statement of Goals and Principles for Accreditation and has decided to hold several open forums to hear from faculty members, Deans, Supreme Court Justices and other interested parties. The open forum will be organized so that Task Force members can consider comments on the Goals and Principles Statement or any other accreditation policy issue speakers would like to address. A court reporter will be present to prepare a transcript. The goal is to have as transparent and informed a process as is possible. Hearing form faculty members, staff, Deans and others attending the AALS Annual Meeting will be critically important to meeting those goals.


3:30 - 5:15 p.m.
Joint AALS Executive Committee and American Society for Political and Legal Philosophy Program
Location: Washington 4, Exhibition Level

American Conservative Thought and Politics: Perspectives from Political Science

Paper Presentation: Nathan Tarcov, Professor, University of Chicago Committee on Social Thought, Chicago, Illinois
Commentators: John Holbo, Professor, Department of Philosophy, National University of Singapore Faculty of Arts and Social Sciences Singapore
Arthur John Jacobson, Yeshiva University, Benjamin N. Cardozo School of Law Moderator: Melissa Williams, Director, Centre for Ethics and Professor of Political Science, University of Toronto, Toronto, Ontario, Canada


3:30 - 5:15 p.m.
AALS Executive Committee Program
Marriott Salon I, Lobby Level, Marriott Wardman Park Hotel

The Future of Public Law Schools

Moderator: Michael H. Schill, University of California at Los Angeles School of Law
Speakers: John C. Jeffries, Jr., University of Virginia School of Law
Nancy H. Rogers, The Ohio State University Michael E. Moritz College of Law
E. Thomas Sullivan, University of Minnesota Law School

Public law schools are at a turning point. Rising costs, increasing competitive pressures for faculty and students and declining state support have combined to cause many schools to re-think their financial models and in some cases their missions. One road taken by some public law schools is to privatize their funding streams and the way they operate. Other schools are fighting to retain their “public nature,” yet at the same time remain competitive with private law schools. In many instances tuition and fees have increased dramatically for both types of schools.

This panel, which is composed of deans and former deans from several of America’s leading public law schools, will address the future of American public legal education. Topics will include (1) whether continued public financial support for legal education is justified, (2) whether privatization is a feasible and desirable way for public law schools to reduce the resource gap with private institutions and (3) whether deregulation and greater independence can and should accompany increased reliance upon private resources.


3:30 - 5:15 p.m.
Hot Topic
Wilson C, Mezzanine Level

Congressional Power and the Military Commissions Act of 2006: Stripping Jurisdiction and Precluding Consideration of Geneva Convention Claims

Panelist: Janet Alexander, Stanford Law School
Curtis A. Bradley, Duke University
Carlos Manuel Vazquez, Georgetown University
Bradford A. Berenson, Partner, Sidley Austin LLP
Stephen Isaiah Vladeck, University of Miami.
Moderator: Robert M. Chesney, Wake Forest University

The Military Commissions Act (“MCA”), enacted in October 2006, raises an array of deeply-controversial questions relating to the detention, treatment, and prosecution of persons classified as “enemy combatants.” This panel will examine those aspects of the MCA that raise constitutional concerns relating to the separation of powers. Specifically, the panel will address the power of Congress to limit or even eliminate habeas corpus jurisdiction for non-citizen enemy combatants; to eliminate “all other” forms of judicial review for claims relating to the detention, transfer, treatment, or prosecution of detainees (except for a limited form of review in the D.C. Circuit Court of Appeals); and to prohibit judicial consideration of any claims based on the Geneva Conventions. These provisions raise profoundly important and controversial questions, and it is important that the legal academy be seen to be fully engaged with them.

The panelists of this program include: Janet Alexander, Stanford Law School; Curtis A. Bradley, Duke University; Carlos Manuel Vazquez, Georgetown University; Bradford A. Berenson, Partner, Sidley Austin LLP; and Stephen Isaiah Vladeck, University of Miami. Robert M. Chesney, Wake Forest University will serve as moderator. The panel will be presented from 3:30-5:15 p.m. on January 5 in Wilson C, Mezzanine Level at the Marriott Wardman Park .


3:30 - 5:15 p.m.
AALS Open Source Program (A program competitively selected by the AALS Committee on Open Source Programs)
Wilson B, Mezzanine Level, Marriott Wardman Park Hotel

Wal-Mart: A Case Study in Interdisciplinary and Inter-Doctrinal Approaches to Legal Problems

Speakers: Kaaryn S. Gustafson, University of Connecticut School of Law
Alexandra D. Lahav, University of Connecticut School of Law
Scott A. Moss, Marquette University Law School
Frank W. Munger, New York Law School
D. Gordon Smith, University of Wisconsin Law Schoo

Wal-Mart is the world’s largest retailer, and perhaps the largest private employer. Wal-Mart employs 1.6 million people and has 6,200 stores worldwide, including in the United States, Argentina, Brazil, Canada, China, Costa Rica, El Salvador, Germany, Guatemala, Honduras, Japan, Mexico, Nicaragua, Puerto Rico, South Korea and the United Kingdom. In addition, 138 million customers visit Wal-Mart stores every week. This enormous corporation with widespread influence has had a significant impact on American law and policy. Almost every day new legal issues involving Wal-Mart’s actions are raised in the courts and reported by the media. This panel will explore, in an inter-doctrinal and interdisciplinary spirit, the legal issues that revolve around Wal-Mart. Scholars in various disciplines are studying Wal-Mart, but so far the multiple approaches to legal inquiry have not been synthesized. In an attempt to reflect the many facets of law and legality, this panel incorporates legal scholars, sociologists, and economists. This panel will introduce the issues raised by Wal-Mart’s business model and explore the interdisciplinary and inter-doctrinal possibilities for scholarly collaboration. The panel will cover four areas: (1) law and economics; (2) law and social policy; (3) substance and procedure; and (4) the case method as a teaching tool.


3:30 - 5:15 p.m.
Section on Agricultural Law
Harding, Mezzanine Level, Marriott Wardman Park Hotel

“With These Hands” - The Life and Law of Migrant Farmworkers

Moderator: Neil D. Hamilton, Drake University Law School
Speakers: Cynthia Rice, Director of Litigation, California Rural Legal Assistance Inc., San Francisco, California,
Daniel Rothenberg, Deputy Executive Director, International Human Rights Law Institute, Chicago, Illinois
Susan Schneider, University of Arkansas, Fayetteville Leflar Law Center

Over a million and a half seasonal farmworkers harvest the food we purchase in the supermarket. The majority of them—men, women, and children—are migrant workers that make up an underclass of the most socially disadvantaged American workers. Despite the fact that we regularly consume the literal fruits of their labor, they seem largely invisible to mainstream society. Edward R. Morrow told their story in Harvest of Shame in 1960. Yet, some question how much has changed. This session, moderated by Professor Hamilton, will explore the life and the law of migrant farmworkers today.

The first speaker, Mr. Rothenberg is the author of the book, With These Hands - The Hidden World Of Migrant Farmworkers Today. This book was the result of years of research, interviewing farm laborers, contractors, farmers, and others associated with migrant agricultural labor. His perspective will showcase the complex economic and social dynamics of a world that is unknown to the average consumer.

The second speaker, Ms. Rice, supervises all significant litigation in labor and employment cases filed by CRLA in rural California and serves as lead counsel in a variety of labor, employment and education cases with statewide impact. Ms. Rice will present an overview of the current legal issues affecting migrant farmworkers, and as it is estimated that over half of them are undocumented aliens, she will address any relevant changes to immigration law.

For a variety of reasons, agriculture has traditionally been treated differently in the law than other industries. Agricultural employment law exemplifies this exceptionalism. As such, agricultural labor issues are most often absent from law school casebooks. Professor Schneider will conclude the session with suggestions and resources for integrating migrant farmworker issues into the law school curriculum.

Business Meeting at Program Conclusion.


3:30 - 5:15 p.m.
Section on Art Law
Maryland Suite A & B, Lobby Level, Marriott Wardman Park Hotel

Everything Old is New Again: Recent Developments in Antiquities Law

Moderator: Rebecca L. Tushnet, Georgetown University Law Center
Speakers: Jennifer Anglim Kreder, Northern Kentucky University Salmon P. Chase College of Law
Jo Backer Laird, Senior Vice President and General Counsel, Christie's Inc., New York, New York
Susan Scafidi, Southern Methodist University Dedman School of Law
Gary Vikan, Director, The Walters Art Museum, Baltimore, Maryland

Business Meeting at Program Conclusion.


3:30 - 5:15 p.m.
Section on Conflict of Laws
Delaware Suite A, Lobby Level, Marriott Wardman Park Hotel

Recognition of Same-Sex Marriage: Conflicts Law and Public Policy in a Globalizing Society
(Program to be published in Indiana Law Journal)

Moderator: Hannah L. Buxbaum, Indiana University School of Law-Bloomington
Speakers: Katharina Boele-Woelki, Professor, Molengraaff Instituut, Utrecht University, Utrecht, Netherlands
Larry D. Kramer, Stanford Law School
Gary J. Simson, Case Western Reserve University School of Law
Tobias Barrington Wolff, University of California at Davis School of Law

This panel will examine the conflict of laws relevant to same-sex marriage. The speakers will address some questions of U.S. law triggered by recent developments: for instance, have Lawrence and Romer redrawn the constitutional limits on a state’s right to deny recognition of a same-sex marriage celebrated elsewhere? Can traditional conflicts techniques adequately address the various substantive issues, such as succession rights and custody rights, that are folded into the conflict over recognition of marriage? More generally, the panelists will use the issue of same-sex marriage as a window onto some broader questions regarding the role of conflicts law in resolving policy differences within a globalizing society. They will address topics such as the following: what limits does existence within a union—for instance, the U.S. federal system or the European Union—place on the right of an individual governmental unit to assert local public policy in denying recognition to the acts of another unit? Is a distinction between interstate and international public policy still viable? Are state and national choice of law regimes successful in reconciling the imperatives of globalization— including the increased mobility of persons and the recognition of certain rights to freedom of movement—with the often countervailing pressure to protect local cuWltural priorities? Will those divergent regimes eventually give way to multilateral choice of law treaties? To harmonized substantive law?

Business Meeting at Program Conclusion.


3:30 - 5:15 p.m.
Section on Criminal Justice, Co-Sponsored by Section on Law and Mental Disability
Delaware Suite B, Lobby Level, Marriott Wardman Park Hotel

Insanity and Beyond: Current Issues in Mental Disability and Criminal Justice

Speakers: Richard J. Bonnie, University of Virginia School of Law
Deborah W. Denno, Fordham University School of Law
Christopher Slobogin, University of Florida Fredric G. Levin College of Law
Howard Zonana, Professor and Director, Law and Psychiatry Division, Department of Psychiatry, Yale University, New Haven, Connecticut

The program will explore the role of mental disability in the criminal law. Specific topics addressed will include the insanity defense, the mens rea (or diminished capacity) defense, and mental disability and the death penalty. The panelists will analyze the Supreme Court’s 2006 opinion in Clark v. Arizona (dealing with the scope of the insanity and mens rea defenses) and the American Psychiatric Association’s resolution (also being considered by the ABA) exempting from execution both offenders with serious mental disorder at the time of the offense and offenders who cannot appreciate the nature of the punishment even when they are restorable with treatment. A leading psychiatrist who has testified in many criminal cases and written extensively on forensic psychiatry issues will provide clinical insight into these various legal issues.

Business Meeting of Section on Criminal Justice at Program Conclusion.


3:30 - 5:15 p.m.
Section on Islamic Law
Virginia Suite A, Lobby Level, Marriott Wardman Park Hotel

Islamic Law in the Constitutions of Muslim States

Moderator: Frank Edward Vogel, Harvard Law School
Speakers: Mark E. Cammack, Southwestern University School of Law
Martin Lau, Reader in Law, School of Oriental and African Studies, University of London, London, England
Clark B. Lombardi, University of Washington School of Law
Asifa B. Quraishi, University of Wisconsin Law School
Discussant: Donald L. Horowitz, Duke University School of Law

Due to events in Afghanistan and Iraq, much media attention has been given to the role Islamic law may play in the constitutions of Muslim-majority countries. Concern focuses on constitutional provisions invoking Islamic law or Shari`a, such as clauses enshrining Shari`a as a source of law or as a criterion for the constitutionality of legislation or requiring family law to obey traditional precepts. This program seeks to give its audience background going far beyond the media coverage. Law professors specializing in contemporary Islamic law will elicit some essential history, survey contemporary constitutions, and present two useful case-studies. Specifically, the first presentation, drawing on the constitutional history of Muslim societies, will explain some still-influential traditional conceptions, practices and institutions. A second presentation offers a typology of contemporary Muslim country constitutions with respect to the role, if any, that they assign Islamic law. The third and fourth presentations explore two contrasting case-studies. The first case is that of relatively secular Indonesia, the largest Muslim country. This study reveals how, as in several recent controversies, enormously influential Muslim religious figures and organizations characteristically oppose making Islamic law a formal, operative part of Indonesia’s legal system. The second case-study, on Afghanistan, reviews the writing and now the interpretation of a new constitution that assigns Islamic law a fundamental role, particularly as to current controversies on women and conversion from Islam. A discussant will touch on how these presentations about the Muslim world relate to broader issues of comparative constitutionalism.

Business Meeting at Program Conclusion.


3:30 - 5:15 p.m.
Section on Legal History
Maryland Suite C, Lobby Level, Marriott Wardman Park Hotel

The Scholarship of Morton Horwitz in Law and History

Moderator: Joseph Gordon Hylton, Marquette University Law School
Speakers: Robert W. Gordon, Yale Law School
Laura Kalman, Professor, University of California Santa Barbara, Santa Barbara, California
William Michael Treanor, Fordham University School of Law
Dalia Tsuk, The George Washington University Law School
Respondent: Morton J. Horwitz, Harvard Law School

This panel will examine Professor Horwitz’s influence on modern American legal historiography. In 1977, Horwitz published his groundbreaking first book, The Transformation of American Law, 1780-1850, one of the most important and controversial books in the field of American legal history. This book challenged the so-called ‘consensus school,’ which minimized the role of class conflict in legal history and in American history more broadly. Professor Horwitz’s The Transformation of American Law, 1870-1960: The Crisis of Legal Orthodoxy was both a sequel and a break from the first book. In recent years, Professor Horwitz has turned to the history of the Warren Court, and his work continues to be a tremendous scholarly influence as well as the subject of continuing criticism. Professor Horwitz will provide a brief response at the panel’s conclusion.

Business Meeting at Program Conclusion.


3:30 - 5:15 p.m.
Section on Nonprofit Law and Philanthropy
Virginia Suite B, Lobby Level, Marriott Wardman Park Hotel

State-Level Legal Reform of the Law of Nonprofit Organizations
(Program to be published in Georgia Law Review)

Moderator: Garry W. Jenkins, The Ohio State University Michael E. Moritz College of Law
Speakers: David Alexander Brennen, University of Georgia School of Law
Evelyn Brody, Chicago-Kent College of Law Illinois Institute of Technology
Susan N. Gary, University of Oregon School of Law
Lizabeth A. Moody, Stetson University College of Law

Federal proposals to reform the law governing nonprofit organizations have received a great deal of press attention: Aside from Sarbanes-Oxley (most of which does not apply to nonprofits), the Senate Finance Committee and the House Ways and Means Committee are exploring expanding the reach of the Internal Revenue Code into the organization and operation of tax-exempt organizations. But even prior to the scandals that led to Sarbanes-Oxley, important state-law-focused projects were proceeding under the auspices of the three major law-reform associations: National Conference of Commissioners on Uniform State Laws (NCCUSL); American Bar Association Section on Business Law; and American Law Institute.

The Uniform Management of Institutional Funds Act (1972) (UMIFA)—adopted in nearly every State—has provided statutory rules governing the prudent investment of institutional funds, spending from endowment funds, and the release of restrictions on institutional funds. Generally, an institution is a charity, but the statute does not cover funds managed by corporate trustees. NCCUSL is revising UMIFA, with Professor Gary as Reporter. For the current draft and accompanying memos, go to www.nccusl.org. Of separate interest to charitable trusts, see the Uniform Trust Code (issued by NCCUSL in 2000, and amended in 2001 and 2003).

A working group is drafting revisions to the ABA’s 1987 Revised Model Nonprofit Corporation Act, under the direction of Professor Moody. Meanwhile, some state legislatures and legal reform groups including those in California, Massachusetts, New York, Pennsylvania and Texas have adopted or are considering statutory reforms to their nonprofit corporate law or their charitable solicitation law, some modeled after provisions of Sarbanes-Oxley.

The Restatement (Third) of Trusts has been underway for more than a decade, and is being issued as topics are completed. Professor Edward C. Halbach (Berkeley) has been Reporter; he has recently been joined by Professors Randall W. Roth (Hawaii) and Jeffrey N. Pennell (Emory). The Prudent Investor Rule, was issued in 1992; the 2003 volumes address (among other topics) the definition of charity and cy pres modification; and current work focuses on fiduciary duties, including administration and enforcement. Separately, in 2001 the ALI opened a project on Principles of the Law of Nonprofit Organizations, for which Professor Evelyn Brody (Chicago-Kent) is Reporter. This project is modeled in part on the ALI’s Principles of the Law of Corporate Governance (1992). An initial discussion draft will be presented to the ALI membership in May 2006.

These various projects not only reveal a broad interest in and expertise being brought to bear on improving charity governance, but also signal the potential for overlapping and potentially conflicting laws that any charity must take into account. There has been a welcome trend in recent reforms to converge on the same legal standards and remedies notably, to produce the same results for trustees of charitable trusts and directors of nonprofit corporations. Moreover, the drafters need be ever mindful of the distinction between legal dictates and best practices.

Business Meeting at Program Conclusion.


3:30 - 5:15 p.m.
Section on Pro-Bono and Public Service Opportunities
Marriott Salon III, Lobby Level, Marriott Wardman Park Hotel

Thinking Globally: Promoting Public Service and Pro Bono in International Arenas

Moderators: Charlene E. Gomes, American University Washington College of Law
Speakers: Holly Eaton, Georgetown University Law Center
Claudio Grossman, American University Washington College of Law
Harold Hongju Koh, Yale Law School

As the world becomes more interconnected, legal scholarship and practice have bloomed in their consideration of international law and human rights. Student interest has equally expanded. Law schools have created innovative paths to allow faculty and students to develop hands-on projects that promote scholarship and service in the international arena.

Join us to learn how your schools may create your own programs. Our panel will provide creative models for involving faculty and students in international and human rights litigation and other pro bono projects.

Dean Koh will describe the litigation that he and a group of students brought challenging the U.S. policy of repatriating Haitian refugees in the early 1992, providing insights into the process through which the litigation developed and how he devised ways to include student contributions. He will also briefly describe current international human rights issues that may be amenable to similar faculty-student joint projects. Dean Grossman will share information on the international opportunities available to law students. In particular, he will describe a project with the United Nations Committee against Torture in Geneva, Switzerland, in which 3-5 law students selected by Dean Grossman traveled to Geneva with him to assist in the Committee’s work, attend confidential meetings and review documents.

Ms. Eaton works exclusively with the law school’s pro bono program and oversees projects that students engage in both domestically and internationally. Ms. Eaton will share information on the administrative aspects of international pro bono as examples of some of the projects her students have engaged in over the last year. She will share experiences her students obtained during a spring break to help international refugees as well as many other international pro bono projects.

This program will be an exciting and energetic opportunity to learn about how faculty and staff can work together to provide students with opportunities throughout the globe. As each speaker presents, we hope you will be able to gain a few ideas to bring back to your institutions and ultimately implement into your international opportunities and curriculum. We hope the audience will share their ideas with all in attendance.


3:30 - 5:15 p.m.
Open Program for Associate Deans
Virginia Suite C, Lobby Level, Marriott Wardman Park Hotel

Institutional Support and Promotion of Scholarship From Different Perspectives

Moderator: Anthony J. Sebok, Brooklyn Law School
Speakers: Dorothy Andrea Brown, Washington and Lee University School of Law
Lucinda M. Finley, State University of New York at Buffalo School of Law
David F. Partlett, Emory University School of Law

This program will discuss issues surrounding the support and promotion of scholarship from a number of diverse perspectives. The panelists will address both internal and external concerns. The panel includes the perspectives of a sitting Dean, University provost and associate deans for research. Topics that will be addressed include: (i) putting to use available, but untapped resources; (ii) navigating the discussion of what counts as scholarship; (iii) encouraging “reluctant” scholars; (iv) short-term vs. long-term incentives; and (v) dissemination of scholarly ideas to a wider audience. There will be time for Q&A after the panel presentations.


3:30 - 5:15 p.m.
Open Program on Balance in Legal Education
Wilson A, Mezzanine Level, Marriott Wardman Park Hotel

Balance in Legal Education: One Year Later

Moderator: Bruce J. Winick, University of Miami School of Law
Speakers: Susan Swaim Daicoff, Florida Coastal School of Law
Katherine Mary Hessler, Case Western Reserve University School of Law
Lawrence S. Krieger, Florida State University College of Law
Joshua David Rosenberg, University of San Francisco School of Law
Michael H. Schwartz, Washburn University School of Law

These panelists hope to effectuate a dialogue within legal education about ways to make law school an enriching educational experience that promotes the overall health, well-being, values and career satisfaction of students.

This program will involve all attendees in “experiential learning.” After a brief demonstration role-play, attendees will be asked to identify problems in teaching or in relating to students that they would like to discuss.

We will then organize into groups with the goal of using “humanizing” communication skills and creative problem solving techniques to address each of these problems. Each group will then evaluate what did and didn’t “work” in its experience. At the end of the program, each break-out group will briefly report to the whole on its discussions.


3:30 - 5:15 p.m.
Open Program on Law Office Management
Coolidge, Mezzanine Level, Marriott Wardman Park Hotel

Gathering to Consider Formation as an AALS Section

Moderator: Gary A. Munneke, Pace University School of Law
Speakers: Thomas M. Steele, Wake Forest University School of Law


5:15 - 6:30 p.m.
Second Meeting of AALS House of Representatives
Marriott Salon II, Lobby Level, Marriott Wardman Park Hotel

Presiding: Judith C. Areen, AALS President and Georgetown University Law Center

Parliamentarian: Elliott S. Milstein, American University Washington College of Law

Clerk: Elizabeth Hayes Patterson, AALS Deputy Director

Address of AALS President-Elect , Nancy H. Rogers, The Ohio State University Michael E. Mortiz College of Law
Report of the Nominating Committee, Mary Kay Kane, Chair of the AALS Nominating Committee for 2007 and University of California, Hastings, College of Law
Other Business

Representative of member schools are expected to attend this meeting of the House of Representatives. All law teachers are invited to attend.


6:30 - 7:30 p.m.
Twelve Step Meeting
Park Tower Suite 8224, Lobby Level, Marriott Wardman Park Hotel


6:30 - 7:30 p.m.
AALS Reception for Foreign Law Teachers
Hoover, Mezzanine Level, Marriott Wardman Park Hotel


6:30 - 7:30 p.m.
Section on Women in Legal Education Networking Reception
Coolidge, Mezzanine Level, Marriott Wardman Park Hotel


Member School Events

6:30 - 8:00 p.m.
California Western School of Law, New England School of Law, South Texas College of Law and William Mitchell College of Law Consortium Reception
Virginia Suite B, Lobby Level, Marriott Wardman Park


7:00 - 8:30 a.m.
University of the Pacific McGeorge School of Law Breakfast for International Law Faculties
Balcony B, Mezzanine Level, Marriott Wardman Park Hotel


7:15 - 8:30 a.m.
Villanova University School of Law Graduate Tax Program Directors’ Breakfast
Buchanan, Mezzanine Level, Marriott Wardman Park Hotel


6:30 - 8:30 p.m.
American University Washington College of Law Reception
Wilson A, Mezzanine Level, Marriott Wardman Park Hotel


6:30 - 8:30 p.m.
University of Baltimore School of Law Alumni Reception
Dean’s Suite, please see hotel concierge for dean’s suite location.


6:30 - 8:30 p.m.
University of Colorado School of Law Alumni Reception
Suite, Marriott Wardman Park (please see hotel concierge for room number)


6:30 - 8:30 p.m.
Fordham University School of Law Reception for Alumni and Friends
Balcony A, Mezzanine Level, Marriott Wardman Park Hotel


6:30 - 9:30 p.m.
Harvard Law School Association Reception for Law Teachers
Georgetown West, Concourse Level, Hilton Washington & Towers


6:30 - 8:30 p.m.
The John Marshall Law School Alumni and Friends Reception
McKinley, Mezzanine Level, Marriott Wardman Park Hotel


6:30 - 8:30 p.m.
New York University School of Law Reception
Monroe East, Concourse Level, Hilton Washington & Towers


6:30 - 7:30 p.m.
University of the Pacific McGeorge School of Law Wingspread P20 Consortium Reception
Caucus Room, Terrace Level, Hilton Washington & Towers


6:30 - 8:00 p.m.
The Pennsylvania State University Dickinson School of Law Reception
Georgetown East, Concourse Level, Hilton Washington & Towers


6:30 - 8:30 p.m.
Pepperdine University School of Law Reception: A Taste of California
Virginia Suite A, Lobby Level, Marriott Wardman Park Hotel


6:30 - 8:30 p.m.
University of Southern California Gould School of Law Reception for Alumni and Friends
Suite (See Hotel Concierge for Room Number), Marriott Wardman Park Hotel


6:30 - 8:30 p.m.
Stanford Law School Reception
Cabinet Room, Concourse Level, Hilton Washington


6:30 - 8:00 p.m.
Suffolk University Law School Alumni and Faculty Reception
Wilson C, Mezzanine Level, Marriott Wardman Park Hotel


6:30 - 8:30 p.m.
Tulane University School of Law Cocktail Reception for AALS Alumni and Friends
Location To Be Announced


6:30 - 9:00 p.m.
Yale Law School Alumni Gathering
Monroe West, Concourse Level, Hilton Washington & Towers


8:00 - 10:00 p.m.
The Catholic University of America Columbus School of Law Desserts, International Coffees and Wine Reception for Alumni, Faculty and Friends
Delaware Suite A, Lobby Level, Marriott Wardman Park


10:00 p.m.- 12:30 a.m.
The University of Texas School of Law Texas Party
Balcony B, Mezzanine Level, Marriott Wardman Park Hotel


Organization Events

6:30 – 8:30 p.m.
American Society for Political and Legal Philosophy Wine and Cheese Reception
Washington Room 3, Exhibition Level, Marriott Wardman Park
Topic: American Conservative Thought and Politics


7:00 - 8:30 a.m.
American Bankruptcy Institute Breakfast
Conservatory, Terrace Level, Hilton Washington & Towers


7:00 - 8:30 a.m.
American Bar Foundation Open Breakfast
Caucus Room, Terrace Level, Hilton Washington & Towers
Topic: Empirical Research on Law


7:30 - 8:30 a.m.
American Law Deans Association (ALDA) Annual Meeting
Balcony A, Mezzanine Level, Marriott Wardman Park Hotel


6:30 - 9:30 p.m.
Society of American Law Teachers (SALT) Annual Awards Dinner
Women’s National Democratic Club, 1526 New Hampshire Avenue, N.W., Washington, D.C.


7:00 - 9:00 p.m.
Legal Writing Institute and Association of Legal Writing Directors Golden Pen and Blackwell Awards and Reception
Lincoln West, Concourse Level, Hilton Washington & Towers


AALS Logo