AALS 2007 Annual Meeting Header

AALS 2007 Annual Meeting art

AALS 2007 Annual Meeting navigation

Thursday, January 4, 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.

Thursday, January 4, 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

7:00 - 8:30 a.m.
Twelve Step Meeting
Park Tower Suite 8224, 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 in the “Meeting Place” in the Exhibit Hall.

AALS Events

7:00 - 8:30 a.m.
Section on Indian Nations and Indigenous Peoples Breakfast
Balcony A, Mezzanine 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 Wednesday, January 3. Tickets will not be for sale at the breakfast.)


7:00 - 8:30 a.m.
Section on Law, Medicine and Health Care Breakfast
McKinley, Mezzanine 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 Wednesday, January 3. Tickets will not be for sale at the breakfast.)


7:00 - 8:30 a.m.
Section on State and Local Government Breakfast
Balcony B, Mezzanine 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 Wednesday, January 3. Tickets will not be for sale at the breakfast.)


7:15 - 8:30 a.m.
Special Meeting and Continental Breakfast for Beginning Law Teachers
Marriott Salon III, Lobby Level, Marriott Wardman Park Hotel


8:30 - 10:15 a.m.
AALS Committee on Research Program
Wilson C, Mezzanine Level, Marriott Wardman Park Hotel

Everything We Wish We Knew About The World of Legal Education: An Agenda for Research

Moderator: Lauren K. Robel, Indiana University School of Law-Bloomington
Speakers: Alison Grey Anderson, University of California at Los Angeles School of Law
Bryant G. Garth, Southwestern University School of Law
William D. Henderson, Indiana University School of Law-Bloomington
Joyce S. Sterling, University of Denver College of Law
Albert H. Yoon, Northwestern University School of Law

The mission of this new standing committee is to foster research on the legal academy and on legal education and related aspects of the profession as a whole. This program will explore ideas and topics for needed research, existing databases; sources for funding research; and skills needed to conduct empirical research well. Possible research topics include, among others, the shape and arc of an academic legal career; the J.D. as an entry degree for non-traditional careers; factors that predict bar passage, and the use of learning theory in law school teaching. There will be time to solicit and discuss other possible topics for research.


8:30 - 10:15 a.m.
Hot Topic
Marriott Salon I, Lobby Level

The Significance of Climate Change Litigation: Massachusetts v. EPA and Other New Developments

Moderator and panelist: Hari Osofsky, University of Oregon
Panelists: William Burns, Santa Clara University
Lisa Heinzerling, Georgetown University
David Hunter, American University

Massachusetts v. EPA , is a case challenging the U.S. Environmental Protection Agency's denial of a petition requesting that it regulate motor vehicles' greenhouse gas emissions under the Clean Air Act.1 This case is arguably the most important environmental case on the Supreme Court's docket. It represents the first time that the Supreme Court has heard a case challenging another branch of government's policy regarding climate change.

This case's importance is highlighted by the context in which it occurs. With the Congressional shift in power in the recent midterm elections, key Democrats have begun to signal a change in legislative approaches to climate change. Moreover, states and localities continue to push federal climate policy. Not only are they litigants in Massachusetts v. EPA , but they also have become laboratories of aggressive efforts to control greenhouse gas emissions. California 's landmark legislation passed earlier in the fall2 serves as just one instance of this phenomenon.

 As a legal matter, this case is occurring against a broader map of state, federal, and international climate change adjudication in the United States and elsewhere. Public nuisance actions have been brought by state and local governments, as well as nongovernmental organizations, against energy companies and automakers. Other actions under administrative and environmental law push the governmental decisionmakers—from a locality in Australia to the OPIC and ExIm in the United States —to conduct environmental impact assessments that include climate change. A pending case in Nigeria and a petition brought by the Inuit to the Inter-American Commission on Human Rights frame climate change as a human rights issue.3

 The proposed Hot Topics panel will analyze the Massachussetts v. EPA case against this law and policy backdrop. The discussion will explore this case as an example of climate change litigation, and as part of the policy debate over the regulation of greenhouse gas emissions. Hari Osofsky, University of Oregon will serve as moderator and panelist. Other panelists include: William Burns, Santa Clara University ; Lisa Heinzerling, Georgetown University ; and David Hunter, American University . The panel will take place on Thursday, January 4 from 8:30-10:15 a.m. in the Marriott Salon I, Lobby Level at the Marriott Wardman Park .

1See Massachusetts v. EPA, 415 F.3d 50 (D.C. Cir. 2005), cert. granted , 2006 WL 1725113 (U.S. Dist. Col. June 26, 2006) (No. 05-1120); http://www.supremecourtus.gov/docket/05-1120.htm.

2See http://www.climatechange.ca.gov/.

3For a discussion of these cases see, William C. G. Burns, The Exigencies That Drive Potential Causes of Action for Climate Change Damages at the International Level , 98 Am. Soc'y Int'l L. Proc. 223 (2004); Hari M. Osofsky, The Geography of Climate Change Litigation: Implications for Transnational Regulatory Governance , 83 Wash. U. L.Q. 1789 (2005); Richard W. Thackeray, Jr., Struggling for Air: The Kyoto Protocol, Citizens' Suits Under the Clean Air Act, and the United States' Options for Addressing Global Climate Change , 14 Ind. Int'l & Comp. L. Rev. 855 (2004) (Note).


8:30 - 10:15 a.m.
Section on Academic Support
Maryland Suite A & B, Lobby Level, Marriott Wardman Park Hotel

Integrating Academic Support Across the Curriculum

Moderator: Tracey Banks Coan, Wake Forest University School of Law
Speakers: Leah M. Christensen, University of St. Thomas School of Law
Gregory M. Duhl, University of Tulsa College of Law
Paula Lustbader, Seattle University School of Law
Michael H. Schwartz, Washburn University School of Law

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

We will highlight ways in which schools can interweave academic support topics throughout their first-year curriculum and beyond. Studies show that the most effective academic interventions are those integrated into students’ regular coursework. Our presenters will address ways to maximize the benefits of academic support throughout a school curriculum. Workshop participants will be asked to think broadly and critically about what constitutes effective teaching and learning in law school. This workshop is geared towards both doctrinal and skills professors.

Business Meeting at Program Conclusion.


8:30 - 10:15 a.m.
Section on Agency, Partnership, LLCs and Unincorporated Associations
Wilson A, Mezzanine Level, Marriott Wardman Park Hotel

What Can Theoretical Perspectives Add to Our Understanding of Unincorporated Business Associations
(Program to be published in William Mitchell Law Review)

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

Victor Fleischer, University of Colorado School of Law -view paper-
Larry Edward Ribstein, University of Illinois College of Law -view paper-
Robert H. Sitkoff, New York University School of Law -view paper-
Brett David Freudenberg, Senior Lecturer- Taxation, Griffith Business School, Griffith University, Nathan, Queensland, Australia -view paper-

The Executive Committee of the Section invited submissions of abstracts for paper presentations. The Committee sought papers that analyzed the unincorporated business entity from a variety of theoretical perspectives. We were interested in papers that helped us understand the unifying themes of this realm of law. The Committee selected at least four papers for panel presentation and for publication from submissions made in response to this Call for Papers.

Business Meeting at Program Conclusion.


8:30 - 10:15 a.m.
Section on Clinical Legal Education
Delaware Suite B, Lobby Level, Marriott Wardman Park Hotel

Introducing International Law: Treaty Law and Other International Law Concepts in Domestic Cases

Moderator: Penny Venetis, Rutgers, The State University of New Jersey Center for Law & Justice
Speakers: Catherine Albisa, Executive Director, National Economic and Social Rights Initiative, New York, New York
Sandra Babcock, Northwestern University School of Law
Cynthia Soohoo, Columbia University School of Law

This program aims to achieve several goals. The first is to introduce international human rights concepts to clinical teachers who teach in clinics that deal exclusively with domestic issues. The second is for clinicians who teach in international human rights clinics to continue to exchange ideas about furthering the reaches of international law in the U.S. The third is to encourage inter-disciplinary (domestic/international) collaboration between clinicians. The final goal is to grow an already burgeoning network of clinicians, practitioners, scholars and advocates who seek to use human rights law to protect the rights of individuals who are not protected adequately by U.S. law.

There is growing support for using international law domestically. Indeed, in the past five years, the United States Supreme Court has turned to international law for guidance in deciding the most important constitutional issues of our time (including affirmative action, the death penalty, and the rights of gays and lesbians). Additionally, there is a growing grass-roots movement, both inside and outside the academy, to seek protection for the disadvantaged using international human rights law. This advocacy includes raising international claims in pleadings and filing amicus briefs that advise courts of relevant international law issues. The advocacy also includes encouraging rapporteurs from the United Nations and the Inter-American Commission for Human Rights to investigate and report on human rights abuses in the U.S. Such rapporteur reports have been used successfully to remedy abusive prison conditions, and to commute death sentences.

The speakers and the moderator all have had success using international law in U.S. forums. They will provide guidance, sample pleadings, and briefs to other clinicians. In addition, they will provide information about various human rights networks that clinicians can join. Clinicians can work closely with lawyers and other advocates within these networks to incorporate international law into their work.

Business Meeting at Program Conclusion.


8:30 - 10:15 a.m.
Section on Comparative Law
Delaware Suite A, Lobby Level, Marriott Wardman Park Hotel

Can, and Should, the Rule of Law Be Transplanted Outside the West?

Moderator: Teemu Ruskola, American University Washington College of Law
Speakers: Harold J. Berman, Emory University School of Law
Lan Cao, College of William and Mary Marshall-Wythe School of Law
Jerome Alan Cohen, New York University School of Law
Kim Lane Scheppele, University of Pennsylvania Law School and Woodrow Wilson School Princeton University
Frank K. Upham, New York University School of Law

This panel will examine the question whether the Rule of Law can, and should, be transplanted outside the West. This is a question that confronts us today in varied geographical contexts: perhaps most prominently in US-occupied Iraq, but also in Eastern Europe, and in post-socialist China and Vietnam as well as industrialized but seemingly anti-legal Japan, and in underdeveloped states of Africa as well as in various Latin American states plagued by “corruption.” The question, as formulated in the panel’s title, contains a number of implicit premises that demand further inquiry. What do we mean by Rule of Law? Is law itself a Western concept? And what do we mean by the West—for example, does it include Eastern Europe? What would the successful transplantation of Rule of Law entail? What implications do our answers to these questions have for non-Western immigrants in the United States—for example, can they assume full political citizenship only by assuming a more or less “Western” identity? And even more broadly, although after the end of the Cold War the Rule of Law seems to have become the preferred cure for all manner of ills, from political tyranny to economic corruption, from environmental degradation to domestic violence, are there other ways of imagining and organizing political life that we should consider? While the advantages of Rule of Law seem obvious, can its establishment entail losses as well—culturally, emotionally, or otherwise? And who should decide the answers to these questions, if indeed they are answerable?

Business Meeting at Program Conclusion.


8:30 - 10:15 a.m.
Joint Program of Sections on Disability Law and Law and Mental Disability
Coolidge, Mezzanine Level, Marriott Wardman Park Hotel

Access to Justice for People with Disabilities

Moderator: Martha L. Minow, Harvard Law School
Speakers: Samuel R. Bagenstos, Washington University School of Law
Jennifer S. Bard, Texas Tech University School of Law
Eve L. Hill, Loyola Law School
Michael Adam Schwartz, Syracuse University College of Law

The last two decades have seen an increase in statutory legal protections for people with disabilities, who have come to be increasingly viewed as a minority group worthy of and needing legal protection against discrimination. But does this group have access to justice and the judicial system commensurate with other groups in society? This panel will explore several aspects of access to justice for people with disabilities. This includes the physical accessibility of federal and state courthouses, barriers to entry into the court system for prisoners in light of recent Supreme Court rulings on federalism, access to mental health care for prisoners, and the ability of people with disabilities to retain and meaningfully work with lawyers.

Business Meeting of Section on Disability Law at Program Conclusion.
Business Meeting of Section on Law and Mental Disability at Program Conclusion.


8:30 - 10:15 a.m.
Section on Law and the Humanities, Co-Sponsored by Section on Minority Groups
Virginia Suite C, Lobby Level, Marriott Wardman Park Hotel

New Law and Humanities Approaches to Identity

Moderator: Frank Rudy Cooper, Suffolk University Law School
Speakers: Kate Nace Day, Suffolk University Law School
Lolita Kay Buckner Inniss, Cleveland State University Cleveland-Marshall College of Law
Margaret E. Montoya, University of New Mexico School of Law
Reginald C. Oh, Texas Wesleyan University School of Law
Christine Zuni Cruz, University of New Mexico School of Law

This panel explores the meaning of identity through methods that synthesize insights from both law and the humanities.Professors Cruz and Montoya will discuss the theories behind their production of a performance piece on the history of treatment of indigenous and chicana women in the Southwest. Professor Day will discuss the theories behind her use of literature to get law students to engage with feminism. Professor Buckner Innis will discuss a critical legal rhetoric approach to the recent African-American Slave Descendants Litigation decision on reparations. Professor Oh will describe a critical geography approach to the construction of the term “the ghetto.”

Business Meeting of Section on Law and the Humanities at Program Conclusion.


8:30 a.m. - 12:00 p.m.
Section on Institutional Advancement
North Cotillion, Mezzanine Level, Marriott Wardman Park Hotel

9:15-10:30 a.m.
Plenary Session: Harmony Within the Academy: Achieving Success Through Collaboration
Moderator: Vicki M. Huebner, Chapman University School of Law
Speakers: David James, Suffolk University Law School
Teresa K. LaMaster, University of Maryland School of Law
Dayna Bowen Matthew, University of Colorado School of Law
Jill Suzanne Miller, Duke University School of Law
Tracy Simmons, Chapman University School of Law

10:30-10:45 a.m.
Break

10:45 a.m. - 12:00 p.m.
Concurrent Sessions

Prior to the Capital Campaign - Benchmarking, Who, What, Where, When, Why, and How
Moderator: David C. Condliffe, Rutgers, The State University of New Jersey Center for Law & Justice - Newark
Speakers: John M. Cash, Senior Consultant, Marts & Lundy, Belmont , California
Wynne E. Smith, University of Utah S. J. Quinney College of Law
Sarah W. Williams, Senior Analyst, Marts & Lundy, Austin , Texas

Building a Stewardship Team: Strategies for the Care and Nurturing of Donors
Moderator: Richard Collins, The George Washington University Law School
Speakers: Kim Coull, University of California , Berkeley School of Law
Jennifer Hayslett, Vermont Law School
Darnell Hines, The Ohio State University Michael E. Moritz College of Law

Alumni Relations as Friend Raising: Programs, Goals and the Effect on Fundraising
Moderator: D. Malcolm Mc Nair, Jr., Univ. of Arkansas , Fayetteville Leflar Law Center
Speakers: To be announced.


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

Emerging Applications of Jewish Law in American Legal Scholarship

Program to be published in Journal of Law and Religion

Moderator: Samuel J. Levine, Pepperdine University School of Law
Speakers: Adam S. Chodorow, Arizona State University College of Law
Charlotte K. Goldberg, Loyola Law School
R. Kent Greenawalt, Columbia University School of Law
Saul Levmore, The University of Chicago The Law School
Suzanne Last Stone, Yeshiva University Benjamin N. Cardozo School of Law

-view flyer-

In recent years, the American legal academy has increasingly turned to the Jewish legal system as a source of comparison and contrast for the exploration of issues that arise in American legal discourse. Indeed, a growing body of legal scholarship has emerged applying Jewish law to various issues in both substantive American law and American legal theory.

Articles appearing in American law reviews have applied concepts from Jewish law to consider areas including, among others, commercial law, health law and policy, criminal law, evidence, estate planning, legal ethics, intellectual property, legal interpretation, legislation, jurisprudence, and constitutional law and theory. Moreover, Jewish law has provided an alternative and, at times, contrasting model that scholars have found particularly helpful in illuminating complex, controversial, and unsettled areas of American law.

Concomitantly, a growing number of American law schools have introduced courses in Jewish law. By some estimates, more than forty American law schools include Jewish law as part of their curriculum.

This program will consider the relevance of Jewish law to the American legal academy though a discussion of emerging applications of Jewish law in American legal scholarship. The program will begin with presentations by innovative scholars of different approaches to the application of Jewish legal theory to the American legal system, in both private law and public law areas.

The presentations will be followed by comments from a number of leading figures in the American legal academy, who will both analyze the specific approaches proposed and offer assessments of the broader enterprise of applying Jewish law to American law and legal scholarship. The program will conclude with questions and comments from the audience on these issues.

Business Meeting at Program Conclusion.


8:30 - 10:15 a.m.
Section on Law, Medicine and Health Care
Maryland Suite C, Lobby Level, Marriott Wardman Park Hotel

New Governance and Health Law

Moderator: Robert Gatter, The Pennsylvania State University Dickinson School of Law
Speakers: David Paul Fidler, Indiana University School of Law-Bloomington
Nan D. Hunter, Brooklyn Law School
Louise G. Trubek, University of Wisconsin Law School

The project to better define the unifying principles of health law is ongoing, and this program is designed to explore the contribution that new governance theory can make. The theory identifies tools of modern regulation, including various combinations of private and public regulatory mechanisms. Additionally, it places those tools into the context of constitutional and international governance. This program will examine aspects of domestic and international health regulation through the lens of new governance theory in an effort to develop a taxonomy of existing health regulation and to identify additional tools for regulating health care.


8:30 - 10:15 a.m.
Section on Mass Communication Law
Virginia Suite A & B, Lobby Level, Marriott Wardman Park Hotel

Secrecy in the Name of Security

Moderator: Alan E. Garfield, Widener University School of Law
Speakers: Eric B. Easton, University of Baltimore School of Law
Daniel Ellsberg, Author and Former U.S. Department of State Official, Kensington, California
Barry P. Mc Donald, Pepperdine University School of Law
Geoffrey R. Stone, The University of Chicago The Law School

When should the government be able to keep information secret in the name of national security? Who should decide when such confidentiality is warranted, and what checks should exist to ensure that these decisions do not overreach? How should the law treat those who disclose confidential information in the interest of keeping the public informed? What protection, if any, should the press have for publishing confidential information and for preserving the anonymity of sources who give them confidential information?

These and other issues will be discussed by Mr. Ellsberg, who in 1971 delivered copies of the Pentagon Papers to the New York Times and the Washington Post and is the author of Secrets: A Memoir of Vietnam and the Pentagon Papers; Professor Easton, co-author of an article with Dr. Martin Halstuk of Pennsylvania State University about the application of the Freedom of Information Act to the CIA; Professor McDonald, author of articles about the scope of First Amendment protection for information gathering, including the right of the public or press to access government information; and Professor Stone, author of Perilous Times: Free Speech in Wartime from the Sedition Act of 1798 to the War on Terrorism.

Business Meeting at Program Conclusion.


8:30 - 10:15 a.m.
Section on Post-Graduate Legal Education, Co-Sponsored by Section on Graduate Programs for Foreign Lawyers
Hoover, Mezzanine Level, Marriott Wardman Park Hotel

Marketing the Post-Graduate Law Program

Moderator: G. Ray Warner, St. John’s University School of Law
Speakers: Toni M. Fine, Fordham Law School
Celeste M. Hammond, The John Marshall Law School
Gregory J. Marsden, Professor, Instituto de Empresa, Madrid, Spain
Michael Mulroney, Villanova University School of Law
Philip Frederick Postlewaite, Northwestern University School of Law

How do prospective students find appropriate post-graduate programs? How do post-graduate programs find interested applicants? Which strategies work and which do not? What marketing tools are available to post-graduate programs and what are the risks and benefits? How is the internet changing the way students identify programs and the way programs reach applicants? How is globalization changing the marketing of post-graduate programs? What factors influence the choices made by different types of students? What special factors must be considered by subject-based programs? What special factors must be considered by programs for foreign lawyers? What attracts foreign students to U.S.-based post-graduate programs? How do non-U.S. graduate programs market and are there lessons for U.S.-based programs? How does a newly-created program establish a market presence? What is the message your program is sending to prospective applicants? How can you design your message to meet your goals? What are the elements of an effective marketing campaign?

Business Meeting for Section on Post-Graduate Legal Education at Program Conclusion.


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

Lost Cause or Cause Whose Time Has Come? The Civil Right to Counsel Movement Rejuvenates

Moderator: Deborah A. Maranville, University of Washington School of Law
Speakers: Peter Benjamin Edelman, Georgetown University Law Center
Russell Engler, New England School of Law
Clare Pastore, University of Southern California Gould School of Law

In England, the civil right to counsel was established by statute under King Henry in 1495, thus significantly pre-dating the right to counsel in criminal cases. Numerous countries around the world, including the entire European Union, recognize a right to counsel in some civil cases. The civil right to counsel movement in the United States, however, foundered in 1981 when the Supreme Court decided Lassiter, rejecting a claim that a parent seeking to avoid termination of parental rights had a right to counsel under the United States Constitution, and adopting a presumption against a right to counsel when individual liberty is not at stake.

Using strategies including model statutes and litigation and theories ranging from state constitutional arguments to the Americans with Disabilities Act to international norms, advocates around the U.S. have resumed the effort to establish a right to counsel in at least some civil cases. This effort draws on a burgeoning body of scholarship by engaged academic theorists. Is this movement a necessary part of an anti-poverty strategy? Can it succeed? How far should such a right extend? With contributions from theorists and advocates around the country, this session will address the current issues in the civil right to counsel movement in a lively and interactive program.

Business Meeting at Program Conclusion.


10:30 a.m. - 12:15 p.m.
AALS Committee on Recruitment and Retention of Minority Law Teachers Program
Delaware Suite B, Lobby Level, Marriott Wardman Park Hotel

Awakening from the Dream: The New Struggle for Diversity in the Legal Academy

Moderator: Juan F. Perea, University of Florida Fredric G. Levin College of Law
Speakers: Peter C. Alexander, Southern Illinois University School of Law
Rebecca Ernst Zietlow, University of Toledo College of Law

This program commemorates the life and work of our recently deceased colleague, Professor Denise C. Morgan of New York Law School. Through her scholarship, teaching and litigation work, Professor Morgan engaged forcefully and constructively in current struggles to increase diversity in law schools and in education generally. Her work constitutes a fitting platform and point of departure for our panel discussion.

Borrowing from the title of Professor Morgan’s recent book, Awakening from the Dream: Civil Rights Under Siege and the New Struggle for Equal Justice, this multifaceted panel will explore the significance of Professor Morgan’s work and several aspects of the new struggle for diversity: responding to “diversity fatigue,” the sense that faculties are diverse enough, and the consequent slackening demand for minority law professors; best practices and challenges in recruiting minority faculty and expanding faculty diversity; the role of equity at all levels of education in growing the pipeline to legal academia.

Panelists will cover each of these themes in brief presentations. We will reserve a significant amount of time after the presentations for members of the audience to share their own perspectives on current struggles for diversity in the legal academy, strategies for dealing with faculty complacency about diversity, and for full discussion of the panel’s themes.


10:30 a.m. - 12:15 p.m.
AALS Open Source Program (A program competitively selected by the AALS Committee on Open Source Programs)
Hoover, Mezzanine Level, Marriott Wardman Park Hotel

Did the First Restatements Implement a Reform Agenda?
(Program to be published in Southern Illinois University Law Journal)

Moderator and Speaker: Patrick J. Kelley, Southern Illinois University School of Law
Speakers: Deborah A. De Mott, Duke University School of Law
Andrew Kull, Boston University School of Law
Mark L. Movsesian, Hofstra University School of Law
Symeon Symeonides, Willamette University College of Law
Commentators: N.E.H. Hull, Rutgers, The State University of New Jersey School of Law, Camden
Michael Traynor, Esquire, Cooley & Godward, San Francisco, California, and President, The American Law Institute

The first Restatements by the American Law Institute (ALI) were surrounded by controversy from the time they began to appear in the early thirties. The criticism was of two kinds: legal realists criticized the form of the Restatements in black-letter rules of law. They claimed that the form made the Restatements horrible examples of the formalist view of the law. Another group of scholars criticized the substance of the Restatements, claiming that the ALI had abandoned its earlier purpose to reform as well as restate the law and had settled in almost all cases for simply restating the majority rule.

Professor Hull has challenged this second criticism. In her 1990 article “Restatement and Reform: A New Perspective on the Origins of the American Law Institute,” she argued that an important underlying objective of the ALI’s restatement project was law reform promoting a pragmatic, progressive agenda.

This panel will explore Professor Hull’s thesis by focusing on five of the first Restatements: those for Agency, Conflicts, Contracts, Restitution, and Torts. Each presenter will focus on one of these Restatements and discuss whether there was a reform agenda underlying that Restatement, and, if so, what it was. The discussions will necessarily include assessments of the intellectual and theoretical commitments of the academics who were Reporters for those Restatements: Francis Bohlen (Torts); Floyd Mechem (Agency) Warren Seavey (Agency and Restitution); Joseph Beale (Conflicts); and Samuel Williston (Contracts).

The first speakers will each discuss one of the first Restatements: Professor De Mott, Agency; Professor Kull, Restitution; Professor Movsesian, Contracts; Dean Symeonides, Conflicts; Professor Kelley, Torts. After the presentations on the different Restatements, Professor Hull will comment on the implications of the presentations for her thesis. Finally, Mr. Traynor will comment on the implications of the presentations for the ALI’s ongoing restatement projects.


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

Legal Education in Africa: Challenges and Opportunities

Moderator: Penelope E. Andrews, City University of New York School of Law at Queens College
Speakers: Mariana Berbec-Rostas, Junior Legal Officer, Open Society Justice Initiative, Open Society Institute, Budapest, Hungary
Alphonse Gaskins, Chief Technical Advisor on the Judiciary, Somalia Rule of Law & Security Program, United Nations Development Program - Somalia, Hargeisa, Northwest Somalia, Somalia
Thomas A. Kelley, University of North Carolina School of Law
Margaret Maisel, Florida International University College of Law
Muna B. Ndulo, Cornell Law School

Panelists will explore two related issues involving legal education in Africa. First, panelists will discuss the current state of legal education in Africa, including the challenges to expanding access to justice. Many countries such as Niger, for example, are in the process of democratization, which requires expanding access to the legal system to rural areas where there is a shortage of trained lawyers. What role does or should legal education play in facilitating the transition to a rule of law system? What role should law schools play in the transformation of nations such as South Africa, where apartheid denied blacks equal access to legal education?

Second, panelists will discuss how to develop working relationships between African and U.S. law schools and legal scholars. Opportunities for funding, collaboration, and participation in NGO-sponsored programs will be explored.


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

The Politics of Class Actions

Moderator: Margaret Y.K. Woo, Northeastern University School of Law
Speakers: John Beisner, Esquire, O’Melveny & Myers, Washington, D.C.
Elizabeth J. Cabraser, Esquire, Lieff Cabraser Heimann & Bernstein, San Francisco, California
Samuel Issacharoff, New York University School of Law
Linda S. Mullenix, The University of Texas School of Law

Class actions epitomize the American concept of the “private attorney general” in the enforcement of legal norms. Yet, increasing public antipathy toward class actions has resulted in a backlash. Efforts to reign in class actions take two forms—both challenging traditional divisions of political authority in our structure of government—federalism and separation of powers. First, increasingly, class actions in state court are being preempted by federal law. For example, a number of cases alleging misrepresentation in the sale of food and drug products (e.g. cough medicine) have been challenged on the grounds of preemption by federal regulation. The recent Class Action Fairness Act takes cases out of state court and into the federal court by alleviating the jurisdictional amount requirement and allowing aggregation of damages. Second, legislatures are increasingly taking categories of disputes from being brought as class actions (e.g. Securities Litigation Reform Act). We take a look at this issue from a global as well as a local perspective, hearing from academics as well as practitioners.

Business Meeting at Program Conclusion.


10:30 a.m. - 12:15 p.m.
Section on Family and Juvenile Law
Maryland Suite A & B, Lobby Level, Marriott Wardman Park Hotel

Hot Topics in Family and Juvenile Law

Moderator: June Rose Carbone, Santa Clara University School of Law

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

The New Uniform Representation of Children in Abuse, Neglect, and Custody Proceedings Act: Bridging the Divide Between the Pragmatists and the Idealists
Speaker: Barbara Ann Atwood, The University of Arizona James E. Rogers College of Law -view paper-
-appendix a- -appendix b-

Still Partners? Examining the Consequences of Post-Separation and Post-Divorce Parenting
Speaker: Theresa Glennon, Temple University James E. Beasley School of Law -view paper-

Resolving Family Conflicts: Implications of a Paradigm Shift -view paper-
Speakers: Jane C. Murphy, University of Baltimore School of Law
Jana B. Singer, University of Maryland School of Law

Multi-Tiered Marriage: Ideas and Influences from New York and Louisiana to the International Community
Speaker: Joel A. Nichols, Pepperdine University School of Law -view paper-

The presenters for this year’s program where selected by blind peer review of submissions received in response to a call for papers. This process insured open access and resulted in an exciting panel of expert speakers sharing interesting, cutting edge research. The focus of the program will be on increased interaction with the audience. Presentations will be short, leaving ample time for questions between speakers.

Business Meeting at the Program Conclusion.


10:30 a.m. - 12:15 p.m.
Joint Program of Sections on Indian Nations and Indigenous Peoples and Natural Resource Law
Virginia Suite A & B, Lobby Level, Marriott Wardman Park Hotel

Cooperation in Management of Tribal Natural Resources
(Program to be published in Tulsa Law Review)

Moderators: Steven Joseph Gunn, Washington University School of Law
Judith V. Royster, The University of Tulsa College of Law
Speakers: Robert T. Anderson, University of Washington School of Law
Kristen A. Carpenter, University of Denver College of Law
Debra L. Donahue, University of Wyoming College of Law
Frank Ettawageshik, Tribal Chairman, Little Traverse Bay Bands of Odawa Indians, Petoskey, Michigan

This joint session addresses cooperative efforts undertaken by federal, state, and tribal governments to manage and develop tribal natural resources, including water, minerals, timber, wildlife, and sacred sites. The session will begin with an overview of the state of natural resource development and management in and around Indian country, including a discussion of the kinds, quantities, and locations of tribal natural resources and the entities and organizations that are developing and managing those resources. The session will then focus on federal, state, and tribal cooperation in resource development and management. Particular emphasis will be given to inter-governmental management of water, fish and wildlife ecosystems, cultural resources, and sacred sites. In each of these areas, Indian tribes have worked together with the federal and state governments to ensure successful and sustainable management of vital resources. A discussion of these efforts and their importance to Indians and non-Indians alike is the centerpiece of the session. Cooperation in the management of natural resources is becoming increasingly common as governments eschew expensive and time-consuming litigation in favor of joint partnerships and collaborative efforts. Consideration will also be given to the importance of cooperative tribal natural resource management to the law school curriculum.

Business Meeting of Section on Indian Nations and Indigenous Peoples at Program Conclusion.
Business Meeting of Section on Natural Resources Law at Program Conclusion.


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

Computers and Licensing: From Contracts, Conflicts, Privacy....
To Taxation and Intellectual Property

(Program to be published in Southern Methodist University Technology Journal)

Moderator: Xuan-Thao Nguyen, Southern Methodist University Dedman School of Law
Speakers: Danielle M. Conway-Jones, University of Hawaii William S. Richardson School of Law
Robert W. Gomulkiewicz, University of Washington School of Law
Jeffrey A. Maine, University of Maine School of Law

The program aims to critically examine the profound influence of “computers” on the development of laws, particularly in areas such as contract, privacy, bankruptcy, taxation, government policy and intellectual property. By focusing on the “licensing” transactional regime and the “online” nature of computer networks, the program brings together scholars from various legal fields to unravel and address the present and future of “Computers and the Law.”

Business Meeting at Program Conclusion.


10:30 a.m. - 12:15 p.m.
Section on Legal Writing, Reasoning and Research
Marriott Salon I, Lobby Level, Marriott Wardman Park Hotel

When Worlds Collide: Exploring Inter-Relationships and Collaboration Between Clinicians and Legal Writing Teachers in Teaching and Scholarship
(Program to be published in Journal of Legal Writing Institute)

Moderator: Philip N. Meyer, Vermont Law School
Speakers: A. Darby Dickerson, Stetson University College of Law
Phyllis Goldfarb, Boston College Law School
Carrie J. Menkel-Meadow, Georgetown University Law Center
Michael A. Millemann, University of Maryland School of Law
Kathleen O’Neill, University of Washington School of Law

Clinical teachers and legal writing teachers are natural allies and colleagues. We have both been through difficult professional and political struggles within the legal academy. But our collegiality is deeper. Both legal writing teachers and clinicians emphasize individual feedback in our teaching. We attempt to develop systematically the crucial professional skills of our students, educating students for competent, ethical, and meaningful professional practice. And, of special relevance to our common purpose, we both emphasize teaching legal writing and analysis in the context of “real world” problem solving.
Given our shared emphasis on professional writing competency and skills training, clinical students and legal writing students often produce similar written work, including predictive legal memoranda, trial and appellate briefs, pleadings, and client letters. There are differences as well. Clinical practice and pedagogy takes place in the context of live client-cases, while legal writing courses are usually taught through problems derived from practice. Consequently, facts in traditional legal writing assignments are often fixed in the past-tense, rather than developed through ongoing factual investigation; emphasis in legal writing is often placed upon finding and applying doctrinal law, rather than upon complex legal storytelling. Also, legal writing teachers do not usually emphasize systematically the public service or social justice dimensions of law practice (at least not to the same extent as clinicians).

Just as our pedagogical worlds are closely aligned, our scholarly concerns and methodology are characteristically similar. Legal writing and clinical scholarship often reflects upon and celebrates pedagogy and practice, rather than focusing exclusively upon analysis of appellate cases and legal doctrine. That is, our scholarly concerns are often shaped by our work.

Despite our many similarities and strong affinities, including our shared emphasis clinicians and legal writing teachers often seem to exist in different yet strangely parallel universes within the legal academy. Should this be so? Should we collaborate as colleagues in teaching and scholarship? How might we effectively join forces? Where, precisely, do our practices and scholarship intersect? What might legal writing teachers learn from clinicians? And, in turn, might teachers and pedagogy in clinical settings improve by employing the knowledge and expertise developed by legal writing teachers?

This panel explores these themes, addressing the complementarity of the pedagogy and scholarly interests of legal writing teachers and law school clinicians.

Business Meeting at Program Conclusion.


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

The Roberts Court and the Regulation of Politics

Moderator: Richard L. Hasen, Loyola Law School
Speakers: Richard Briffault, Columbia University School of Law
Kareem U. Crayton, University of Southern California Gould School of Law
Heather K. Gerken, Harvard Law School
Richard H. Pildes, New York University School of Law

The Supreme Court’s intervention in the political process does not appear to be slowing down even after the Court’s controversial 2000 decision in Bush v. Gore ending the Florida recount for president. Since that time, the Court decided a major campaign finance case (McConnell v. Federal Election Commission), an important case on the meaning of Section 5 of the Voting Rights Act (Georgia v. Ashcroft), and a key case on partisan gerrymandering (Vieth v. Jubelirer). The Rehnquist Court was sharply divided in each of these cases, and the direction that the new Roberts Court will take in the election law area remains unclear. This panel will examine the broad question of the Roberts Court and the future judicial regulation of politics through the lens of two cases on the Court’s October 2005 docket: the Vermont campaign finance case (Randall v. Sorrell) and the Texas re-redistricting case (Sessions v. Perry). What do these cases tell us about the Court’s view of the First Amendment in the context of campaign finance laws, the place of partisanship in redistricting, the proper scope of the Voting Rights Act, and any potential role for the courts in promoting political competition? Will the Court remain sharply divided, and how will its emerging caselaw change the face of American politics?

Business Meeting at Program Conclusion.


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

Prosecuting Leakers and Leakees:
The End of National Security Muckracking?

(Program will be published in Journal of National Security Law & Policy)

Moderator: Kathleen Clark, Washington University School of Law
Speakers: Jill Abramson, Managing Editor, New York Times, New York, New York
Harold S. H. Edgar, Columbia University School of Law
William H. Freivogel, Professor, Southern Illinois University School of Journalism, Carbondale, Illinois
Kenneth Wainstein, Assistant Attorney General for National Security, U.S. Department of Justice, Washington, DC

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

Some of the leading news stories of the last 18 months stem from leaks of national security related information, including the National Security Agency (NSA) domestic spying program and the CIA’s secret prisons in Europe holding al Qaeda detainees. A few commentators have suggested that the journalists who reported these stories should be prosecuted under the espionage statute, and the government has undertaken criminal investigations to determine the identity of government employees who have leaked information.

Using the espionage statute to prosecute leaks is controversial, yet there is no comprehensive criminal prohibition on unauthorized leaks. In 2000, President Clinton vetoed legislation that would have, for the first time, plainly criminalized all unauthorized leaks of classified information. In 2002, Attorney General Ashcroft declined to offer new anti-leak legislation, judging that the current statutes (including the espionage statute) were sufficient for such prosecutions.

While it is not uncommon for government officials to leak national security related information, it is exceedingly rare for the government to criminally prosecute such leaks (as opposed to prosecuting those who reveal such information to foreign governments). Such prosecutions have occurred only three times: the 1970s prosecution of government contractor employees Daniel Ellsberg and Anthony Russo for leaking the Pentagon Papers; the 1980s prosecution of intelligence analyst Samuel Morison for leaking satellite photos, and the recent prosecution of Defense Department employee Lawrence Franklin for leaking and two AIPAC employees for receiving and passing on classified information. Does the AIPAC prosecution indicate the beginning of a trend toward more prosecutions of such leaks?

This session will examine the practice of government officials disclosing—through both authorized and unauthorized leaks—information about our nation’s defense and foreign policies. It will also examine the legal issues surrounding the criminal prosecution of unauthorized leaks. The panel will include a journalist who has covered national security and foreign policy, and a legal scholar who co-authored the seminal article on the application of the espionage statute to national security leaks.

Business Meeting at Program Conclusion.


10:30 a.m. - 12:15 p.m.
Section on North American Cooperation
Wilson C, Mezzanine Level, Marriott Wardman Park Hotel

North American Cooperation and NAFTA in a Changing Political Environment

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

Transboundary Environmental Assessment in North America: Obstacles and Opportunities
Neil Craik, University of New Brunswick Faculty of Law -view paper-

The New Oil: Trade in Bulk Water Under NAFTA
Peter Bowal, Professor, Haskayne School of Business University of Calgary , Calgary , Alberta , Canada -view paper-

Embracing Reciprocity: Revisiting Domestic Legal Solutions To Ontario 's Transboundary Pollution Problem -view paper-
Shi-Ling Hsu, University of British Columbia Faculty of Law
Austen L. Parrish, Southwestern Law School

Business Meeting at Program Conclusion.


10:30 a.m. - 12:15 p.m.
Section on Pre-Legal Education and Admission to Law School, Co-Sponsored by Section on Student Services
Harding, Mezzanine Level, Marriott Wardman Park Hotel

Student Debt: A Case Study

Moderator: Michael Anthony Lawrence, Michigan State University College of Law
Speakers: Jeff Hanson, Director of Borrower Education Services, Access Group, Inc., Wilmington, Delaware
Richard A. Matasar, New York Law School
Craig Woody, Vice-Chancellor, Office of Business & Financial Affairs, University of Denver, Denver, Colorado

The ever-increasing levels of student debt, and their implications for student wellness, present a true counseling challenge to student services and admissions professionals. How should prospective law students approach the financing of law school, in light of their personal finances, career goals, etc.? What debt management strategies might current students and recent graduates find most effective? Set against the backdrop of a hypothetical case study, our panel will discuss these issues and entertain questions from the floor.

Business Meeting for Section on Pre-Legal Education and Admission to Law School at Program Conclusion.


 

12:30 - 2:00 p.m.

Association of American Law Schools Luncheon

Marriott Salons II & III, Lobby Level, Marriott Wardman Park Hotel

Speaker: Kenneth R. Feinberg, The Feinberg Group, LLP, Washington, D.C.

Kenneth Feinberg will discuss his own personal “revolving door” involving law school teaching and his role as Special Master and mediator in high-visibility public interest cases. His keynote speech—Law School Teaching and the Public Interest (In and Out of the Classroom)—will occur during the AALS Annual Meeting Luncheon.

Mr. Feinberg is an attorney and one of the nation’s leading experts in mediation and alternative dispute resolution. He was appointed by the Attorney General of the United States to serve as the Special Master of the Federal September 11th Victim Compensation Fund of 2001. Mr. Feinberg was also one of three arbitrators selected to determine the fair market value of the original Zapruder film of the Kennedy assassination and was one of two arbitrators selected to determine the allocation of legal fees in the Holocaust slave labor litigation.

Mr. Feinberg also has been a distinguished Adjunct Professor of Law at the Georgetown University Law Center, University of Pennsylvania Law School, New York University School of Law, the University of Virginia Law School and Columbia Law School.

The AALS Luncheon will also feature the awarding of the first Lifetime Achievement Award in Legal Education. The award recognizes the importance of service in the legal academy for a lifetime of contributions.

Norman Dorsen To Receive AALS Award for Lifetime Contributions to the Law and to Legal Education

Earlier this year the AALS Executive Committee created an award for Lifetime Contributions to the Law and to Legal Education, and solicited nominations for who should receive the Award. There were a number of highly qualified nominees who were considered by a subcommittee of the AALS Executive Committee consisting of AALS President Judith Areen, Georgetown; John Garvey, Boston College; and Stephanie Wildman, Santa Clara.

In recognition of his many outstanding activities, Professor Norman Dorsen of New York University has been chosen to receive the first AALS Award for Lifetime Contributions to the Law and to Legal Education. Professor Dorsen will be presented with the award at the AALS Annual Meeting Luncheon on Thursday, January, 4, 2007.

Norman Dorsen is the Frederick I. and Grace A. Stokes Professor of Law, New York University School of Law and co-director of the its Arthur Garfield Hays Civil Liberties Program at New York University School of Law. He has taught at NYU where he has been a valued teacher and mentor to hundreds of students since 1961. He has also played an important since 1961 and has played an active role in major developments at the School over many years. Moreover, he was the founding director of the NYU ’s School of Law’s innovative Hauser Global Law School Program in 1994, and he has been editorial director of the International Journal of Constitutional Law from its inception.

Professor Dorsen is the author, coauthor, or editor of numerous books and articles including The Evolving Constitution (1987), Human Rights in Northern Ireland (1991), Democracy and The Rule of Law (2000) and The Unpredictable Constitution (2001). He has been a co-editor of three casebooks, on political and civil rights, professional responsibility and comparative constitutional law.

Professor Dorsen served as president of the American Civil Liberties Union from 1976 to 1991. He got his start in civil liberties working against McCarthyism in the Army-McCarthy hearings of 1954. He led the ACLU through a long period of complex and controversial issues and, while president, edited more than 40 books detailing the civil liberties of groups in the United States.

Professor Dorsen also served as general counsel to the ACLU (1969-76) and, he participated in dozens of Supreme Court cases, arguing among others those that won the right to due process for juveniles accused of delinquency, upheld constitutional rights of nonmarital children, and advanced abortion rights. He appeared through amicus briefs in the Gideon case, the Pentagon Papers case, Roe v. Wade, and the Nixon Tapes case.

Professor Dorsen was the founder and first president of the Society of American Law Teachers in 1973. He was chairman of the Lawyers Committee for Human Rights 1996-2000 and in 1996 he was the founding president of the U.S. Association of Constitutional Law, an affiliate of the International Association of Constitutional Law. He has chaired two U.S. Government commissions and received many awards and honorary degrees, including the Presidential Eleanor Roosevelt Award for Human Rights. He is a Fellow of the American Academy of Arts and Sciences and a member of the Council on Foreign Relations. He currently serves as the U.S. member of the first Board of Directors of the International Association of Law Schools.

When asked about the selection of Professor Dorsen, AALS President Areen said

No one could better exemplify the qualities the Association of American Law Schools intended to honor with this award than Norman Dorsen. His important contribution to the development of law and legal education through his work both inside and outside the academy serve as a model for us all. I am delighted with his selection.

We hope many legal educators will be able to attend the luncheon at which former AALS President, and current New York University President John Sexton, will present the award to Professor Dorsen.

To attend the luncheon, you must be registered for the Annual Meeting and purchase a luncheon ticket in advance. Tickets may be purchased on site until 8:00 p.m. on January 3rd.




2:15 - 4:00 p.m.

Association of American Law Schools Plenary Sessions

Expanding Knowledge and Serving Our Communities:
Academic, Civil and International

This year’s theme, by emphasizing both scholarship and service, continues the focus of recent meetings on the AALS as the learned society for the legal academy at the same time it highlights the importance of fostering justice and public service.

In keeping with the scholarship theme, this year’s Annual Meeting seeks to encourage and to showcase scholarship more effectively. Priority in scheduling is being given to sections that select speakers using peer review of scholarly papers or abstracts. In addition, program times are being made available to interested scholars who have submitted innovative open source proposals.

This past year, hurricanes reminded us why a learned society cannot be an ivory tower. To their credit, member schools responded both quickly and generously. Within three days after Katrina hit, a web site was providing information to students of law schools in the affected areas about schools they might visit for the fall. All told, more than 987 students were placed at 136 different member law schools.

As admirable as these efforts were, service is too important to be reserved for times when there is a natural disaster. As our Bylaws provide, the AALS values, and expects its member schools to value, a faculty that not only is involved in the creation and dissemination of knowledge, but one that is devoted to fostering justice and public service.

In deciding where to volunteer our time and energy, it is helpful to remember that we are members of many communities. The plenary sessions at the meeting will highlight service in three of them. One will focus on academic freedom as an important aspect of strengthening academic community at our law schools and universities. A second will focus on public service and the obligation legal academics share with all citizens to work to improve our civil community, whether at the local, state or national level. A third plenary will focus on service in the international community. Organized by the new AALS Committee on International Cooperation, this session will focus on challenges to international human rights and humanitarian law in the 21st century.

-Judith C. Areen
AALS President and
Georgetown University Law Center

2:15 - 4:00 p.m.
AALS Concurrent Plenary Session:

Academic Freedom

Virginia Suite A & B, Lobby Level, Marriott Wardman Park Hotel

Moderator: Robert C. Post, Yale Law School
Speakers:
Stanley Fish, Florida International College of Law
Elena Kagan, Harvard Law School
Geoffrey R. Stone, The University of Chicago The Law School
William W. Van Alstyne, College of William and Mary Marshall-Wythe School of Law

Academic freedom has become an increasingly contested subject. Understood as a question of constitutional law, academic freedom involves the extent to which universities and colleges can claim immunity from state regulation. The Court has recently given mixed signals about this issue. In Rumsfeld v. FAIR, the Court ignored the claim of American law schools to possess academic freedom to determine who could recruit their students, but in Grutter v. Bollinger the Court was sympathetic to the academic freedom claim of American universities to determine the diversity necessary to achieve educational goals. The Court’s recent decision in Garcetti v. Ceballos has left the relationship between academic freedom and the First Amendment rights of individual professors in a state of deep confusion. Understood as a question of internal university self-governance, the nature and extent of academic freedom has been thrown into doubt by controversial cases (consider the circumstances of Ward Churchill) and by the efforts of activists like David Horowitz to enact the Academic Bill of Rights, which would require university departments to meet externally imposed goals of “intellectual diversity.” Crises of academic freedom have gripped universities from Columbia to Berkeley. The panel will discuss and evaluate these recent developments.

2:15 - 4:00 p.m.
AALS Concurrent Plenary Session:

Human Rights and Legal Education

Maryland Suite A & B, Lobby Level, Marriott Wardman Park Hotel

Moderator: Claudio Grossman, American University Washington College of Law
Speakers:
Santiago A. Canton, Executive Secretary, Inter-American Commission on Human Rights, Washington, DC Harold Hongju Koh, Yale Law School
Gay McDougall, Independent Expert on Minority Issues, Office of the High Commissioner for Human Rights, Geneva, Switzerland
Bertrand G. Ramcharan, Former Deputy and Former Acting High Commissioner, Office of the United Nations High Commissioner for Human Rights and Chancellor, University of Guyana
Peter Joel Rosenblum, Columbia University School of Law

The panel will seek to identify the international human rights and humanitarian law challenges facing the 21st century and the role of law schools in shaping future developments and solutions.

2:15 - 4:00 p.m.
AALS Concurrent Plenary Session:

Public Service

Marriott Salon I, Lobby Level, Marriott Wardman Park Hotel

Moderator: Charles Ogletree, Harvard Law School
Speakers:
Katherine Shelton Broderick, University of the District of Columbia David A. Clarke School of Law
Ming W. Chin, Associate Justice, Supreme Court of California, San Francisco, California
Patricia A. O’Hara, Notre Dame Law School
Elizabeth Rindskopf Parker, University of the Pacific McGeorge School of Law
Suellyn Scarnecchia, University of New Mexico School of Law
Kurt L. Schmoke, Howard University School of Law
Kenneth W. Starr, Pepperdine University School of Law
William H. Webster, Former Director of FBI and CIA, Washington, D.C.

Restoring the tradition of the legal community’s commitment in ways large and small to public service is a vital part of rekindling public confidence in a noble profession. What has happened to the long-standing vision of lawyers as public servants—and how can the culture of service be revived in an era that energetically celebrates the marketplace? Professor Ogletree will lead a lively, interactive conversation about a timeless yet topical subject of high importance to the future of legal education and the health of the legal profession.


4:00 - 5:45 p.m.
AALS Scholarly Paper Presentation
Hoover, Mezzanine Level, Marriott Wardman Park Hotel

Moderator: N. William Hines, University of Iowa College of Law

Now in its twenty-second year, the AALS Scholarly Paper competition is open to individuals who have been in law teaching five years or less. The winners, who will present and discuss their papers, were chosen by a panel of seven distinguished law scholars. Dean Hines, chair of the selection committee, will invite questions from the audience and lead a discussion of the issues presented by the winning papers.

Winning Paper: Human Worth As Collateral, Rashmi Dyal-Chand, Northeastern University School of Law

Honorable Mentions: Essentially A Mother, Jennifer S. Hendricks, University of Tennessee College of Law
Underenforcement , Alexandra Natapoff, Loyola Law School, Los Angles
-Click here to view papers-


4:00 - 5:45 p.m.
Hot Topic
Marriott Salon II, Lobby Level

Reproductive Rights – The Next Decade

Panelists: Walter Dellinger, Duke University
Dawn E. Johnsen, Indiana University-Bloomington
Jeffrey Rosen, George Washington University
Reva B. Siegel, Yale University

Roe 's future is increasingly contested. In November, a sharply divided Supreme Court heard argument in the late-term abortion case, and Senator John McCain, a leading contender for the Republican presidential nomination, announced that he supports Roe 's overruling. With continuing debate over Roe , justifications for abortion restrictions are in flux. South Dakota recently enacted an abortion ban to protect women from abortion; even as voters rejected the ban for lack of a rape/incest exception, woman-protective antiabortion argument is emerging as an important new justification for abortion restrictions in arenas around the country. The site of the reproductive rights conflict is shifting. Debate about abortion now engulfs the regulation of stem cell research and contraception; President Bush just appointed a doctor to direct federal family planning programs who serves on the board of the National Abstinence Clearinghouse (directed by the woman who led the abortion ban campaign in South Dakota ).

 The panel will ask how recent and longer-term shifts in law and politics will – or should – alter the ways we reason about reproductive rights and the institutions we expect to protect them. The panelists include: Walter Dellinger, Duke University ; Dawn E. Johnsen, Indiana University-Bloomington; Jeffrey Rosen, George Washington University ; and Reva B. Siegel, Yale University . It will be presented on Thursday, January 4 from 4:00-5:45 p.m. in the Marriott Salon II Ballroom, Lobby Level at the Marriott Wardman Park .


4:00 - 5:45 p.m.
Section on Administrative Law
Wilson C, Mezzanine Level, Marriott Wardman Park Hotel

Comparative Administrative Law

Moderator: Alfred Charles Aman, Jr., Indiana University School of Law-Bloomington
Speakers: George A. Bermann, Columbia University School of Law
Francesca Bignami, Duke University School of Law
Howard N. Fenton, III, Ohio Northern University Pettit College of Law
Dongsheng Zang, University of Washington School of Law
Peer Zumbansen, York University, Osgoode Hall Law School, Toronto, Canada

This year’s panel will explore various aspects of doing, teaching, researching and writing comparative administrative law. How do we understand, teach and write about differences between and among legal systems as they relate to Administrative Law? Does globalization mean there is a convergence of legal approaches to administrative law problems between and among legal systems or are differences between and among these systems becoming more pronounced? Questions involving methodology, teachability and the increasing importance of comparative approaches for students likely to represent clients who do business in various parts of the world will be examined, as will the ABA’s current project dealing with the administrative law of the European Union.

Business Meeting at Program Conclusion.


4:00 - 5:45 p.m.
Section on Commercial and Related Consumer Law
Harding, Mezzanine Level, Marriott Wardman Park Hotel

Sales of Receivables: Concept and Reality

Moderator: Carl S. Bjerre, University of Oregon School of Law
Speakers: Douglas G. Baird, The University of Chicago The Law School
Leianne Crittenden, Chief Counsel, Oracle Corporation, Redwood Shores, California
Bruce A. Markell, Bankruptcy Judge, United States Bankruptcy Court, Las Vegas, Nevada
William H. Widen, University of Miami School of Law

Transactions centering on the sale of accounts receivable are among the most fascinating in commercial law, partly because of the complexity of the legal and practical settings in which they take place. From billion-dollar securitizations to traditional factoring deals, from the nature of a true sale to the relationship of a receivable with underlying assets, the issues are rich and dense.

This panel brings together a variety of insightful speakers from the academy, the real world, and the bench: Professors Baird, and Widen, Ms. Crittenden, and the Honorable Markell. Join us as we delve into issues under the Uniform Commercial Code, related parts of the Bankruptcy Code, and other bodies of law and practice. Novices and receivables jocks alike will benefit from this highly informative, provocative and enjoyable discussion.

Business Meeting at Program Conclusion.


4:00 - 5:45 p.m.
Section on Continuing Legal Education, Co-Sponsored by Section on Professional Responsibility
Coolidge, Mezzanine Level, Marriott Wardman Park Hotel

Legal Ethics CLE in the Law School Setting:
Can It Be Practical, Academic, and Interesting at the Same Time?

Moderator: Bruce A. Green, Fordham University School of Law
Speakers: Brian Danitz, Esquire, Wilson Sonsini Goorich & Rosati, Palo Alto, California
Lisa Gabrielle Lerman, The Catholic University of America Columbus School of Law
Russell G. Pearce, Fordham University School of Law
Nancy B. Rapoport, University of Houston Law Center
Jessi Tamayo, University of Miami School of Law

Practicing lawyers seeking to meet their CLE requirements typically find “legal ethics” credits to be the hardest to come by. That provides an opportunity for both law schools as CLE providers and for legal ethics professors. But what do law schools and professors have to offer that is different from—and better than—the ethics courses offered by professional CLE providers? Law professors pride themselves on both their legal knowledge and their attention to pedagogy. Practitioners, however, may worry that law professors are out of touch with the problems faced in the real world. This panel will explore the challenge of teaching ethics to practitioners. Panelists will explore the obstacles to teaching lawyers and how to overcome them. They will show and tell how they have undertaken to teach legal ethics to practitioners effectively, drawing on their academic learning while at the same time providing useful knowledge.

Business Meeting of Section on Continuing Legal Education at Program Conclusion.


4:00 - 5:45 p.m.
Section for the Law School Dean
Marriott Salon I, Lobby Level, Marriott Wardman Park Hotel

What I Wish I Had Known Then: A Conversation Among Deans

Moderator: Kenneth W. Starr, Pepperdine University School of Law
Speakers: John B. Attanasio, Southern Methodist University Dedman School of Law
Katharine T. Bartlett, Duke University School of Law
Douglas W. Kmiec, Pepperdine University School of Law
Raymond C. Pierce, North Carolina Central University School of Law
Nancy B. Rapoport, University of Houston Law Center
Daniel B. Rodriguez, University of San Diego School of Law

Business Metting at Program Conclusion.


4:00 - 5:45 p.m.
Section on Education Law, Co-Sponsored by Section on Minority Groups
Wilson A, Mezzanine Level, Marriott Wardman Park Hotel

The Assault on Academic Freedom in the Academy: Exploring the Intersectionalities of Race, Religion and Gender in Higher Education
(Program to be published in Loyola Law Review)

Moderator: Maurice R. Dyson, Southern Methodist University Dedman School of Law
Speakers: Roger Bowen, General Secretary, American Association of University Professors, Washington, D.C.
Risa L. Lieberwitz, Associate Professor, Department of Collective Bargaining, Labor Law and Labor History, Cornell University, Ithaca, New York
Michael A. Olivas, University of Houston Law Center
Deborah Waire Post, Touro College Jacob D. Fuchsberg Law Center

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

Business Meeting of Section on Education Law at Program Conclusion.


4:00 - 5:45 p.m.
Section on Evidence
Maryland Suite C, Lobby Level, Marriott Wardman Park Hotel

Children and Evidence Law: Special Rules of Competence, Hearsay and Confrontation
(Program to be published in Indiana Law Journal)

Moderator: Aviva Orenstein, Indiana University School of Law-Bloomington
Speakers: Thomas D. Lyon, University of Southern California Gould School of Law
Robert P. Mosteller, Duke University School of Law
David Tanenhaus, University of Nevada, Las Vegas William S. Boyd School of Law

The thorny issues of competence, hearsay, and confrontation become even more difficult when they involve children, who raise special issues of reliability and vulnerability. The panel will consider how problems posed by children’s testimony reflect larger issues in evidence. In turn, it will explore how evidence law’s special treatment of children illuminates our view of them. Professor Tanenhaus, a legal historian specializing in children’s rights, will talk about historical attitudes towards children’s testimony and provide a case study of children on the witness stand. Professor Lyon, a law professor and research psychologist, will discuss his work on children’s reactions to threats and abuse, and consider how forfeiture by wrongdoing doctrine might be invigorated in light of Crawford’s new approach to Sixth-Amendment confrontation. Professor Mosteller will address the special challenges of and need for children’s out-of-court statements, and consider the extent to which these statements are “testimonial,” thereby triggering confrontation-clause concerns. Ample time will be provided for questions and audience participation.

Business Meeting at Program Conclusion.


4:00 - 5:45 p.m.
Section on Immigration Law
Delaware Suite B, Lobby Level, Marriott Wardman Park Hotel

“We” Becoming: Histories of Naturalization

Moderator: Peter J. Spiro, Temple University James E Beasley School of Law
Speakers: Irene Bloemraad, Assistant Professor, Department of Sociology, University of California, Berkeley, Berkeley, California
Hiroshi Motomura, University of North Carolina School of Law
Gerald L. Neuman, Harvard Law School
Lucy Salyer, Associate Professor, Department of History, University of New Hampshire, Durham, New Hampshire

This panel will focus on historical practices relating to naturalization. As immigration and citizenship law return to the political center stage, historical perspectives on naturalization can help test assimilationist assumptions of the immigrant experience, as well as illuminate the challenges presented by multiculturalism and globalization. What do the historical models of naturalization, primarily as reflected in the practices of the last turn of the century, tell us about the trajectory of today’s massive population of foreign-born arrivals to the United States? Naturalization law supplies a mirror on the meaning of and a tool for defining American national identity, as a direct instrument of community self-definition. The panel will address how changes in national identity have and have not mapped onto contemporary naturalization practices.

Business Meeting at Program Conclusion.


4:00 - 5:45 p.m.
Section on Intellectual Property, Co-Sponsored by Section on Jurisprudence
Virginia Suite C, Lobby Level, Marriott Wardman Park Hotel

The Morality of Copyright Disobedience

Moderator: Rebecca L. Tushnet, Georgetown University Law Center
Speakers: Stacey L. Dogan, Northeastern University School of Law
William A. Edmundson, Georgia State University College of Law
Sonia K. Katyal, Fordham University School of Law
Lawrence B. Solum, University of Illinois College of Law

The practice of peer-to-peer file-sharing has put the question of obeying copyright law on the front pages of newspapers. Issues of copyright ethics confront many of us daily, as we struggle to decide how much we can or should photocopy for our classes, or quote in our blogs, or append to our private communications. While copyright penetrates ever deeper into noncommercial spheres, commentators are increasingly questioning the wisdom or the legitimacy of copyright law, either in general or in regard to particular provisions. This panel will draw on philosophy and other perspectives to address the morality of copyright disobedience.

Business Meeting of Section on Intellectual Property at Program Conclusion.


4:00 - 5:45 p.m.
Section on Law and Communitarian Studies, Co-Sponsored by Section on International Law
Wilson B, Mezzanine Level, Marriott Wardman Park Hotel

Difference and the Communitarian Vision:
The Challenges of Identity Politics, Multiculturalism and Religious Minorities

Moderator: Catherine J. Ross, The George Washington University Law School
Speakers: Abdullahi Ahmed An-Na’im, Emory University School of Law
Ann Laquer Estin, University of Iowa College of Law
Amitai Etzioni, Professor and Director, Institute for Communitarian Policy Studies, The George Washington University, Washington, D.C.
Mark D. Rosen, Chicago-Kent College of Law Illinois Institute of Technology

This session will explore the challenges that some forms of pluralism pose for the communitarian vision. Legal and political tensions may emerge when the essential claims of sub-groups conflict with the values of the broader community. How do such conflicts affect our understanding of individual rights and responsibilities? What legal structures and principles have proven most successful in resolving tensions and promoting a shared social vision? Panelists will address these and related issues from a variety of perspectives, drawing on domestic and international examples, including immigrants and autonomous groups, religion and family forms, the management of difference within communities, and the Diversity Within Unity platform developed by Communitarians. The panel will be followed by a conversation with the audience.

Business Meeting of Section on Law and Communitarian Studies at Program Conclusion.


4:00 - 5:45 p.m.
Section on Teaching Methods, Co-Sponsored by Section on New Law Professors
Marriott Salon III, Lobby Level, Marriott Wardman Park Hotel

Materials for the Classroom: The Usual Suspects and New Ideas

Moderator: Victor Byers Flatt, University of Houston Law Center
Speakers: Janet Ainsworth, Seattle University School of Law
C. Steven Bradford, University of Nebraska College of Law
William F. Funk, Lewis and Clark Law School

This program will address how we select teaching materials and integrate them with our teaching. The program will be divided into four parts:
1) How do you select textbooks and other written materials for class
2) How does interactive technology relate to traditional textbooks? What is their place and how do you choose to use or not?
3) Developing and publishing your own textbook (what do you do? How do you do it? How do you select a publisher? Co-authors?)
4) New textbook options (custom textbooks/self publishing)

Business Meeting of Section on Teaching Methods at Program Conclusion.


4:00 - 5:45 p.m.
Section on Torts and Compensation Systems
Delaware Suite A, Lobby Level, Marriott Wardman Park Hotel

A “Restatement” of European Union Tort Law:
Analyzing the Work of the European Group on Tort Law

Moderator: Michael Green, Wake Forest University School of Law
Speakers: Bernhard-Alexander Koch, Professor, Institute of Civil Law, University of Innsbruck, Innsbruck, Austria
Helmut Koziol, Professor, Faculty of Law, University of Vienna, Austria
Olivier Moreteau, Louisiana State University Law Center

Like most areas of law, international trends and developments in torts law are, with rapidity, becoming increasingly significant to thinking and doctrinal evolution in the United States. For several years an organization known as the European Group on Tort Law has been meeting to draft Principles of European Tort Law. This project is in some ways analogous in the American Law Institute’s restatement projects seeking to synthesize common law rules in the United States. Professors Dobbs and Green have worked on the project to provide an American perspective for the prominent European scholars charged with drafting the Principles.

The project was recently completed, and is now being presented to various constituencies in Europe. Our panel will address the working methods used to draft the principles, challenges encountered in seeking to reconcile different tort law and some of the more controversial issues addressed in the principles—strict liability, proportional causation, and a reduction clause. The panel will also provide a comparative perspective on the Principles and the United States tort law.

Business Meeting at Program Conclusion.


7:00 - 9:00 p.m.
Association of American Law Schools Gala Reception

Smithsonian’s National Museum of the American Indian
National Mall, 4th Street and Independence Avenue, S.W.

The Smithsonian’s National Museum of the American Indian on the National Mall opened in September 2004. After 15 years in the making, it is the first national museum in the country dedicated exclusively to Native Americans. The five-story, 250,000-square-foot, curvilinear building is clad in a golden-colored Kasota limestone that evokes natural rock formations shaped by wind and water for thousands of years. The museum is set in a 4.25-acre site and is surrounded by an eastern lowland landscape and a scenic water feature. The museum’s east-facing entrance, prism window and the 120-foot-high Potomac space devoted to contemporary Native performances are a direct result of extensive consultations with Native peoples. Similar to the Heye Center in Lower Manhattan, Smithsonian’s National Museum of the American Indian on the National Mall offers a range of exhibitions, film and video screenings, school group programs, public programs and living culture presentations throughout the year.

Bus will depart from the hotel’s main entrance, lobby level, of the Marriott Wardman Park Hotel and the T Street exit at the Washington Hilton beginning at 6:15 p.m. The buses will shuttle between the Smithsonian’s National Museum of the American Indian and the Marriott Wardman Park and the Hilton Washington until the conclusion of the reception.


Members School Events

7:00 - 8:30 a.m.
Hamline University School of Law Alumni Breakfast
Park Suite 8222, Lobby Level, Marriott Wardman Park Hotel


7:00 - 8:30 a.m.
University of the Pacific McGeorge School of Law National Security Law Breakfast
Balcony D, Mezzanine Level, Marriott Wardman Park Hotel


7:00 - 8:30 a.m.
Vermont Law School Breakfast for Academic Deans
Balcony C, Mezzanine Level, Marriott Wardman Park Hotel


7:30 - 8:30 a.m.
University of Pennsylvania Law School Alumni Breakfast Reception
Park Suite 8219, Lobby Level, Marriott Wardman Park Hotel


8:00 - 10:00 p.m.
Michigan State University College of Law Reception
Wilson A, Mezzanine Level, Marriott Wardman Park Hotel


Organization Events

7:00 - 8:30 a.m.
Access Group, Inc. Deans’ Breakfast
Washington 6, Exhibition Level, Marriott Wardman Park Hotel
Topic: Financing a Legal Education


7:00 - 8:30 a.m.
Center for Computer-Assisted Legal Instruction (CALI) Annual Member Meeting and Breakfast
Georgetown West, Concourse Level, Hilton Washington & Towers


7:30 - 8:30 a.m.
National Association for Law Placement (NALP) Breakfast Reception for Members of the AALS Section on Student Services
Washington 5, Exhibition Level, Marriott Wardman Park Hotel


AALS Logo