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Saturday, January 6, 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.

Saturday, January 6, 2007

7:00 a.m. - 12:00 p.m.
AALS Office & Information Center
Carolina, Lobby Level, Marriott Wardman Park Hotel

7:00 a.m. - 12:00 p.m.
AALS Registration
Atrium, Exhibition Level, Marriott Wardman Park Hotel

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

7:00 a.m. - 12:00 p.m.
AALS Message Center
Marriott Foyer, Mezzanine Level, Marriott Wardman Park Hotel

7:00 a.m. - 12:00 p.m.
AALS Office & Information Center
Carolina, Lobby Level, Marriott Wardman Park Hotel

7:30 - 8:30 a.m.
Twelve Step Meeting
Park Tower Suite 8224, Lobby Level, Marriott Wardman Park Hotel

7:30 - 9:00 a.m.
AALS Workshop and Continental Breakfast for 2006 and 2007 Section Officers
Marriott Salon I, Lobby Level, Marriott Wardman Park Hotel

This program will be an open forum for all section leaders (past and current).

9:00 a.m.-12:30 p.m.

Joint AALS Executive Committee and American Society for Political and Legal Philosophy Program
Location: Marriott Salon III, Lobby Level

Part A- American Conservative Thought and Politics: Perspectives from Law

Moderator: Sanford Levinson, The University of Texas School of Law
Paper Presentation: Richard W. Garnett, Notre Dame Law School
Commentators: Robert P. George, Professor of Jurisprudence; Director, James Madison Program in American Ideals and Institutions, Politics Princeton University, Princeton, New Jersey
Elizabeth Harman, Assistant Professor of Philosophy and the University Center for Human Values, Department of Philosophy, Princeton University, Princeton, New Jersey

Part B- American Conservative Thought and Politics: Perspectives from Philosophy

Moderator: Jacob T. Levy, Tomlinson Professor of Political Theory, Department of Political Science, McGill University, Montreal, Quebec, Canada
Paper Presentation: David Sidorsky Professor, Department of Philosophy, Columbia University, New York, New York
Commentators: Patrick Deneen, Associate Professor of Government, Department of Government, Georgetown University, Washington, DC
Elizabeth F. Emens, Columbia University School of Law

9:00 - 10:45 a.m.
Section on Antitrust and Economic Regulation, Co-Sponsored by Section on Intellectual Property
Maryland Suite A, Lobby Level, Marriott Wardman Park Hotel

Antitrust Limits on Patents and Copyrights

Moderator: Mark A. Lemley, Stanford Law School
Speakers: Michael A. Carrier, Rutgers, The State University of New Jersey School of Law, Camden
Robin C. Feldman, University of California, Hastings College of the Law
Hillary Greene, University of Utah S. J. Quinney College of Law
Christopher R. Leslie, Chicago-Kent College of Law Illinois Institute of Technology

The complex intersection between IP rights and antitrust law is one of the fastest-changing areas of law today. Our panel will include presentations on a number of key issues at this interface. Professor Carrier will present a paper on the question of whether there is a role for innovation in challenging otherwise-legal conduct under the antitrust laws. Professor Feldman will present a paper arguing that the differences between patent and antitrust law run far deeper than courts and commentators recognize, and involve different conceptions of seemingly standard concepts. Professor Greene will present a paper on the role of nonbinding agency guidelines in shaping evolving areas of law such as IP and antitrust. Professor Leslie will present a paper on the need to expand the definition of patent enforcement for Walker Process claims. Professor Lemley will moderate the section and comment on the papers.

9:00 - 10:45 a.m.
Section on Civil Procedure, Co-Sponsored by Section on Professional Responsibility
Maryland Suite B, Lobby Level, Marriott Wardman Park Hotel

Policing Lawyers’ Ethics in Class Action Litigation

Moderator: Andrew M. Perlman, Suffolk University Law School
Speakers: Howard M. Erichson, Seton Hall University School of Law
Amanda Frost, American University Washington College of Law
Alexandra D. Lahav, University of Connecticut School of Law
Nancy J. Moore, Boston University School of Law

The passage of the Class Action Fairness Act of 2005 (CAFA) was yet another turning point in the debate over class actions. Much of this debate has centered over the ethics of plaintiff’s attorneys. For example, in the debate over CAFA Senator Herb Kohl (D-WI) said “Right now, people across the country can be dragged into lawsuits unaware of their rights and unarmed on the legal battlefield. . . . . [M]ore and more frequently, some are taking advantage of the system and, as a result, consumers are getting the short end of the stick, recovering coupons or pocket change, while the real reward is going to others. . . .” While the agent-principal problem can be found in any client representation, it may be particularly prominent in the context of class actions where the client can be an “absent” class member. Plaintiffs’ counsel is said to collude with defendants to represent settlements as more favorable than they really are in order to receive quick and substantial fee awards. Defendants are not immune from ethical lapses either. In Cobell v. Norton, for example, the government defendant communicated with the plaintiff class in contravention of a judge’s order and the ethical rules.

Who should police attorneys in class actions? The CAFA and the Federal Rules place most of the burden on judges. But are judges the best equipped to police the ethical lapses of class action attorneys? What is the role, if any, for the ethical rules in policing of class action attorneys? Should the parties police each other? What other avenues are available? Is this really a problem at all, or merely smoke and mirrors to push an anti-plaintiff agenda?

9:00 - 10:45 a.m.
Section on Criminal Justice, Co-Sponsored by Sections on Minority Groups, Professional Responsibility
Maryland Suite C, Lobby Level, Marriott Wardman Park Hotel

Prosecution and Racial Bias:
An Attempt to Measure, Understand, Confront and Manage the Problem

Moderator: Fred C. Zacharias, University of San Diego School of Law
Speakers: Angela J. Davis, American University Washington College of Law
Peter Gilchrist, III, District Attorney, Office of the District Attorney Mecklenberg County, Charlotte, North Carolina
David A. Harris, University of Toledo College of Law
Wayne S. McKenzie, Project Director, Vera Institute of Justice, New York, New York

Scholars have long studied prosecutorial discretion; in recent years, some have paid particular attention to how prosecutorial discretion intersects with issues of racial disparity in the criminal justice system. While there is widespread agreement that systemic racial bias exists and merits attention, little empirical work has been done to assess its extent and nature, and even less consideration has been dedicated to ameliorative strategies. All lawyers involved in the criminal justice system, particularly prosecutors, have a professional responsibility to assure that charging decisions are based on factors relevant to the case at hand, and not irrelevant matters; this obligation only becomes stronger when the irrelevant issue may be racial bias. This is true whether bias plays a conscious or unconscious role in decision making. Given the outsized impact of criminal justice policies on African Americans, Latinos, and other minority groups in the U.S., the issue could not be more important.

The Vera Institute of Justice of New York began a project to address these issues in 2005. Vera’s Prosecution and Racial Justice Project sprang from the thought that, by taking a pro-active stance on how issues of racial disparity may impact prosecutors’ decisions, prosecutors might find a way to deal with some of the problems that police have been forced to confront in recent years concerning racial profiling - before those issues explode into headlines. Vera has spent more than a year working with prosecutors in several major U.S. jurisdictions to design a data management system that can help prosecutors spot potential racial biases in the decisions made in their offices.The progress of the Project so far, the many challenges it has faced, as well as some preliminary results, show that Vera’s work has the potential to alter the landscape of how prosecution decisions are made - and to create methods with which prosecutors can change the way that race has played a role in these decisions in the past.

9:00 - 10:45 a.m.
Section on Graduate Programs for Foreign Lawyers, Co-Sponsored by Section on International Legal Exchange
Virginia Suite B, Lobby Level, Marriott Wardman Park Hotel

Best Practices in International Programs

Moderator: Bruce Carolan, Professor, Dublin Institute of Technology, Dublin, Ireland
Speakers: Adi Altshuler, Northwestern University School of Law
Judith A. Horowitz, Duke University School of Law
Linda J. Lacey, The University of Tulsa College of Law
William B.T. Mock, The John Marshall Law School
Nancy Pinn, Harvard Law School

An interactive session that will allow participants to explore issues that are relevant to starting, managing, and developing international programs. A brief presentation will be followed by an invitation to audience members to attend table discussions moderated by experienced faculty and administrators from U.S. and foreign law schools. Each table will focus on a topic, such as: a) orientation and pre-departure programs, b) marketing and recruitment, c) forming global alliances, d) program evaluation and development, e) integrating, and f) academic support. Participants will be free to move between tables to explore several issues.

9:00 - 10:45 a.m.
Section on International Human Rights Law
Virginia Suite A, Lobby Level, Marriott Wardman Park Hotel

New Voices in International Human Rights Scholarship

Moderator: Mark E. Wojcik, The John Marshall Law School

Constitutional Conversations and New Religious Movements
Leigh Hunt Greenhaw , Washington University School of Law
Michael H. Koby, Washington University School of Law

Toward an International Criminal Procedure: Due Process Aspirations and Limitations
Gregory S. Gordon, University of North Dakota School of Law -view paper-

Did Globalization Kill the Criminal Law?  The Corrosive Effects of Globalization on Compliance with the Criminal Law and the Vitality of Norms
Patrick J. Keenan, University of Illinois College of Law -view paper-

Peacekeepers as Perpetrators: Sexual Exploitation and Abuse of Women and Children in the Democratic Republic of the Congo
Susan A. Notar, Managing Editor, International Legal Materials, American Society of International Law, Washington, D.C - view paper-

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

This panel will present new scholarship in international human rights law, including new works by established human rights scholars, and “new voices” from those who have only recently entered academia or the field of international human rights laws. Papers were chosen for presentation from a Call for Papers. The final names of those presenting will be published on the Section web site and in the AALS supplemental program distributed at the Annual Meeting.

9:00-10:45 a.m.
Section on Law Libraries

Program for New Directors:
Relating To Your Colleagues; or Faculty Relations for Law Library Directors

Moderator: Filippa Marullo Anzalone, Boston College Law School
Speakers: Paul George, University of Pennsylvania Law School
Claire M. Germain, Cornell Law School
Penelope A. Hazelton, University of Washington School of Law
Sara Robbins, Brooklyn Law School
Linda M. Ryan, St. John's University School of Law
Julia Wentz, Loyola University-Chicago School of Law

A panel of experience law library directors from a diverse set of law schools will relate anecdotes, give advice, take questions, and lead discussion about how to relate to your law school faculty colleagues and how to "be" a faculty member. Come with stories and advice of your own to share.

9:00 - 10:45 a.m.
Section on Minority Groups, Co-Sponsored by Section on Immigration Law
Delaware Suite B, Lobby Level, Marriott Wardman Park Hotel

Membership, Citizenship and Race
(Program to be published in the Memphis University Law Review)

Moderator: Kevin R. Johnson, University of California at Davis School of Law
Speakers: T. Alexander Aleinikoff, Georgetown University Law Center
Charles Ogletree, Harvard Law School
Ediberto Roman, Florida International University College of Law
Leti Volpp, University of California, Berkeley School of Law
Adrien Katherine Wing, University of Iowa College of Law

Many recent domestic and global events in the areas of immigration, citizenship, and race have touched on the intersections between democratic order and identity constructs. Recent examples include the uprisings by Muslims, as well as the responses, in France, the treatment of “refugees” in the wake of Hurricane Katrina, special security procedures directed at Arabs and Muslims after September 11, 2001, and the disputes over the legal rights to citizenship of immigrants serving in the U.S. military in Iraq and Afghanistan. This panel explores these controversies as well as more generally attempts to offer explanations for the recurring global phenomena. The hope is to encourage interdisciplinary conversations between citizenship studies, immigrant, and civil rights scholars. This panel will engage in using contemporary and controversial events and the theoretical justifications for immigration/citizenship studies and race discourse.

9:00 - 10:45 a.m.
Section on Nonprofit Law and Philanthropy
Wilson B, Mezzanine Level, Marriott Wardman Park Hotel

Roundtable on Teaching Nonprofit Law

Moderator: Susan N. Gary, University of Oregon School of Law
Speakers: Evelyn Brody, Chicago-Kent College of Law Illinois Institute of Technology
Beverly I. Moran, Vanderbilt University Law School
Mark Sidel, University of Iowa College of Law
Norman I. Silber, Hofstra University School of Law

This roundtable will consist of several law professors who teach in the area of nonprofit law and philanthropy discussing various approaches to teaching in this burgeoning area of law, including ideas for structuring a course, generating student projects, using interesting course materials and similar items. The participants will discuss ways to integrate international and comparative perspectives in nonprofit law and philanthropy courses; present thoughts on pure tax versus “tax and _____” courses; and many other topics. It is expected that attendees will also share their own ideas about teaching in this area.

9:00 - 10:45 a.m.
Section on Women in Legal Education
Wilson C, Mezzanine Level, Marriott Wardman Park Hotel

The Changed Organizational Structure of Law Schools and Its Impact on Faculty

Moderator and Speaker: Marina Angel, Temple University James E. Beasley School of Law
Speakers: Robin D. Barnes, University of Connecticut School of Law
Kristin B. Gerdy, Brigham Young University J. Reuben Clark Law School
Suellyn Scarnecchia, University of New Mexico School of Law

Law schools have changed drastically in the last 30 years. In the past, law school administrations usually consisted of a dean and an associate dean who were tenured professors, and one or more assistant deans who were tenure track or staff. Faculties consisted primarily of a limited number of tenured and tenure track professors teaching a relatively small number of traditional courses and a few adjuncts teaching advanced substantive specialty courses.

Today, administrations have exploded with multiple associate and assistant deans, most without professorial titles and non-tenure track, and multiple directors of clinics, legal writing, and institutes—most also non-tenure track. Full time faculty now consist of a limited number of tenured and tenure track professors with an emphasis on multi-disciplinary and research expertise, growing numbers of full time specialized clinical, legal writing, and other skills teachers, expanding numbers of lower level administrators with some teaching responsibilities, and exploding numbers of adjuncts teaching both substantive and skills courses.

Status, money, and job security go to tenured and tenure track teachers. There are strong indications that this category is reverting back to being a white, male preserve. Women of all colors are being steered to lower paying, lower status, less secure contract and at will positions. The number of African-American men in tenured and tenure track positions is dropping, and the entry of women of all colors and minority males to top jobs seems to be limited.

The session will address in a discussion format these changes and their impact on the composition and role of the professoriate.

Member School Event

7:00 - 8:30 a.m.
Brigham Young University, J. Reuben Clark Law School Alumni and Friends Breakfast
McKinley, Mezzanine Level, Marriott Wardman Park Hotel

Organization Events

7:30 - 8:30 a.m.
National Center on Philanthropy and the Law Professors Breakfast
Coolidge, Mezzanine Level, Marriott Wardman Park Hotel

8:00 – 9:00 a.m.
American Society for Political and Legal Philosophy Breakfast Buffet
Topic: American Conservative Thought and Politics
Marriott Salon III, Lobby Level, Marriott Wardman Park

10:45 a.m. - 12:15 p.m.
American Society of International Law (ASIL) Interest Group on Teaching International Law Roundtable
Harding, Mezzanine Level, Marriott Wardman Park Hotel
Topic: Integrating the ASIL Resolution on Laws of War and Occupation into Public International Law Classes

10:45 a.m. - 12:15 p.m.
Scribes - The American Society of Writers on Legal Subjects Program: Jury Instructions in Plain English
Hoover, Mezzanine Level, Marriott Wardman Park Hotel
Topic: A Conversation with the California Justices (and Others) on Guidelines and Process