AALS Annual Meeting

Reassessing Our roles as scholars and educators in light of change

Program

*Programs marked with an asterisk have arranged for the publication of papers related to their Annual Meeting program in a Law Review or Journal.

+Programs marked with a plus-sign have issued a Call for Papers to select one or more presenters.

Open Source Programs are programs selected by a committee in a competitive search.
Joint Programs are designation for two Sections holding only one program between them.
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.

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Wednesday, January 3

Friday, January 4

Saturday, January 5

Sunday, January 6

Sunday January 6

7:00 a.m. - 12:00 p.m.
AALS Registration
Rhinelander Gallery, Second Floor, Hilton New York

7:00 a.m. - 12:00 p.m.
AALS Office and Information Center
Gibson Suite, Second Floor, Hilton New York

7:00 a.m. - 12:00 p.m.
AALS Message Center
Rhinelander Gallery, Second Floor, Hilton New York

7:30 - 8:30 a.m.
Twelve Step Meeting
Hudson Suite, Fourth Floor, Hilton New York

AALS Events

7:30 - 9:00 a.m.
AALS Workshop and Continental Breakfast for 2007 and 2008 Section Officers
Mercury Ballroom, Third Floor, Hilton New York
This program will be an open forum for all section leaders.

9:00 a.m. - 12:00 p.m.
Section on Comparative Law, Co-Sponsored by Sections on Admiralty and Maritime Law, Africa, Law School Dean, International Law, International Legal Exchange and Post Graduate Legal Education
Sutton North, Second Floor, Hilton New York
Enriching the Law School Curriculum in an Increasingly Interrelated World - Learning From Each Other

Moderator: Louis F. Del Duca, The Pennsylvania State University Dickinson School of Law
Speakers: Franklin Gevurtz, University of the Pacific McGeorge School of Law
Elizabeth Victor Samaraj, National Law School of India University, Bangalore, India
Frans Vanistendael, Professor, Faculty of Law, K. U. Leuven, Leuven, Belgium
Francis Wang, Soochow University Kenneth Wang School of Law, Suzhou, China
Commentators: Bruce Carolan, Professor, Dublin Institute of Technology, Dublin, Ireland
Mary C. Daly, St. John's University School of Law
Charlotte Ku, University of Illinois College of Law
Claudio Grossman, American University Washington College of Law
Mathias W. Reimann, The University of Michigan Law School

This program is a sequel to the meeting of the newly created International Association of Law Schools which addressed a similar topic at its meeting on October 17-19, 2007 at the Kenneth Wang School of Law at the Soochow University in Suzhou, China. Several participants in the China program will present an overview and update of their meeting. Their presentations are intended to generate discussions to facilitate development of programs and procedures which will enrich the opportunity of law students around the world to acquire skills needed for effective lawyering in our increasingly interrelated world.

Each presenter in our symposium will be asked (as they were in the China program) to describe basic similarities and differences of major legal cultures and systems and which of the features representative of their system they would like to have addressed in law school classes in foreign countries. They also will be asked to identify programs and procedures they would recommend for presenting these similarities and differences effectively in foreign law school classes. Use of the new technology in instantaneous audio visual and computer based electronic communication to assist in achieving these goals will also be addressed. This program will provide a base from which future areas of cooperation and programs addressed to specific areas of the law can be developed.

9:00 - 10:45 a.m.
Section on Consitutional Law, Co-Sponsored by Section on Jurisprudence
Beekman Parlor, Second Floor, Hilton New York
The New Originalism and Its Critics

Moderator: Kurt T. Lash, Loyola Law School
Speakers: Jack M. Balkin, Yale Law School
Michael B. Rappaport, University of San Diego School of Law
Lawrence B. Solum, University of Illinois College of Law
Keith E. Whittington, Professor, Department of Politics, Princeton University, Princeton, New Jersey

One recurring criticism of originalism as a method of constitutional interpretation is a claimed lack of a persuasive normative basis for the approach. A second criticism is pragmatic: Originalism can neither escape nor accomplish the impossible task of aggregating countless individual “intentions” by those who framed and ratified the constitutional text. In response to such criticisms, originalism has evolved as an interpretive theory to the point where the most sophisticated version of originalist theory differs substantially from the classic formulation of “originalism as judicial restraint.” Instead of seeking original intent, the new originalism seeks the original public meaning of constitutional text. As a matter of normative theory, instead of judicial restraint, originalists today are more likely to ground the approach on the normative theory of popular sovereignty. The ever-changing nature of originalism, however, has led to accusations that the theory is engaged in continual retreat in the face of unending criticism. Today’s panel includes both defenders and critics of the New Originalism who will discuss whether the shifting nature of originalism marks the strength of an evolving theory or the weakness of an ultimately indefensible method of constitutional interpretation.

9:00 - 10:45 a.m.
Section on Criminal Justice
Murray Hill A, Second Floor, Hilton New York
Manslaughter

Moderator: Anthony M. Dillof, Wayne State University Law School
Speakers: Caroline Anne Forell, University of Oregon School of Law
Stephen P. Garvey, Cornell Law School
Samuel Pillsbury, Loyola Law School
Kenneth W. Simons, Boston University School of Law

The panel will inquire into the full range of questions presented by the the most complex kind of homicide. What is the state of the law on manslaughter in the U.S., Canada, and Australia? In theoretical terms, is voluntary manslaughter a crime of weakness-of-will rather a crime of partially right conduct or partially forgivable character defect? Does the reasonable person test for provocation obfuscate the issue whether there were appropriate reasons for the defendant’s anger? Is the proper focus in the reasonable person test for provocation on the reasonableness of the underlying beliefs or on self-control. And finally, is there a distinctive feminist perspective on manslaughter?

9:00 -12:00 p.m.
Section on International Human Rights
Nassau A, Second Floor, New York Hilton
New Voices in Human Rights: Part II

Moderators: Arthur Acevedo, The John Marshall Law School— Chicago
Robert C. Blitt, University of Tennessee College of Law
Anthony S. Winer, William Mitchell College of Law

Toward a Labor Liberalization Solution to the Modern Traffic in Humans
Karen E. Bravo, Indiana University School of Law, Indianapolis

Criminal Prosecution in U.S. Courts of High-Level U.S. Civilian Authority and Military Generals for Torture and Cruel, Inhuman, or Degrading Treatment
Benjamin Griffith Davis, University of Toledo College of Law

Who is a Refugee?
Matthew Lister, Law Clerk, U.S. Court of International Trade, New York, New York

Child Soldiers, Slavery, and the Trafficking of Children
Susan Teifenbrun, Thomas Jefferson School of Law

Corporal Punishment of Children
Susan H. Bitensky, Michigan State University College of Law

Global Sex Trafficking
Cheryl George, St. Mary’s University of San Antonio

Cognitive Science and the Foundations of Human Rights
John Mikhail, Georgetown University Law Center

The Relationship of Religion and Human Rights in International Law Theory
Peter G. Danchin, University of Maryland School of Law

Making Selves: Human Rights and Rule of Law Cultures
Amy J. Cohen, The Ohio State University Moritz College of Law

Ignorance and Want: A Human Rights Conflict Analysis Regarding Competing Interests in Health Care, Food, and Education
Sharon E. Foster, University of Arkansas School of Law—Fayetteville

Reconciling Restorative and Retributive Justice Norms in International Criminal Law: Victims and the Right to Participate in International Proceedings
Hannah Ruth Garry, University of Colorado Law School

Mass Claim Type Procedures (MCTPs) in International Law and Practice
Arturo J. Carrillo (with Jason Palmer), George Washington University Law School

Judging the Truth: A Comparison of Credibility Determinations for Asylum Claims in the United Kingdom, the United States, Canada, and the European Union
James P. Eyster, Ave Maria School of Law

9:00 - 10:45 a.m.
Section on Law Libraries
Gramercy A, Second Floor, Hilton New York
New Directors Workshop

Speakers: Oren Bracha, The University of Texas School of Law
Gail Murphy Daly, Southern Methodist University Dedman School of Law
Janis L. Johnston, University of Illinois College of Law
Margaret Maes, University of St. Thomas School of Law
Scott B. Pagel, The George Washington University Law Schoo

9:00 - 10:45 a.m.
Section on Minority Groups
Sutton South, Second Floor, Hilton New York
E-racing the Color Line in Sports

(Program to be published in Virginia Sports and Entertainment Law Journal)

Deborah L. Brake, University of Pittsburgh School of Law
Jacquelyn L. Bridgeman, University of Wyoming College of Law
Adrienne D. Davis, Washington University School of Law
Timothy Davis, Wake Forest University School of Law
N. Jeremi Duru, Temple University James E. Beasley School of Law
Michael A. McCann, Mississippi College School of Law
Rebecca Wanzo, Professor, Ohio State University Department of Women's Studies
Verna L. Williams, University of Cincinnati College of Law

For many Americans, the world of sports occupies a unique place in American society. To much of the public, the arena of sports is viewed as model for meritocracy and integration. It is a space, at least in certain sports, in which racial minorities are well represented among the ranks of professional athletes, whether it is Latinos in Major League Baseball or the Blacks in the National Basketball Association. It is the place where players of all races work together on teams to achieve the goal of winning a game, a title, or a championship. It is a race that many children of color truly believe that they can win if they try hard enough. Sports fans can hardly turn on the television or radio without hearing the tale of another person of color who has crossed the color line in athletics. Whether it is Tiger Woods in golf, Venus Williams in tennis, or Juan Pablo Montoya in NASCAR, minority athletes represent, in the eyes of many Americans, the achievement of the American dream and a vision of “true” meritocracy.

The last few years in sports have begun to rock that commonly-held public perception of sports’ unique position in the American landscape. For example, although highlighted as a great, ground-breaking first for Blacks, the first Super Bowl match-up of teams led by black head coaches in February of 2007 exposed a gloomier side of sports to the American public. The historic match-up uncovered a world of coaching in sports that was not nearly as integrated as league teams. For example, it revealed the increasing but low numbers of minority head coaches in the NFL (numbers that have increased primarily because of the implementation of the minority interviewing rule in 2003). The match-up also made public the inequities among both players and staff across professional sports leagues. For example, it exposed the fact that Chicago Bears Coach Lovie Smith, one of the black coaches in the historic match-up, was the lowest paid coach in the entire NFL. It also raised questions again about the dearth of minorities within the ranks of owners and managers. In sum, it demonstrated sports’ truly unique position in American society—as both a narrative for successful integration among its players and a narrative for intense segregation at its levels of coaching, management, and ownership.

This Panel will further explore the intersection of race and sport as it relates to issues of equality and anti-subordination. Professors Deborah Brake and Verna Williams will examine, in a joint talk and paper, how race has played out in the critique of Title IX and Title IX’s failure to engage issues of racial justice in sports. Professor Jacquelyn Bridgeman will use sports as a metaphor for life to view the larger problems of discrimination and subordination in American society. Specifically, she will argue that the United States has accomplished more in eradicating discrimination and subordination in the area of sports than in others areas of American society, will explore the reason for such a development in sports, and will investigate whether that success can be duplicated elsewhere. Professors Adrienne Davis and Rebecca Wanzo, in their joint talk, will examine disaggregation in issues involving sports, race, and law by exploring the appropriate/inappropriate collapse of various issues (rape law, privacy, sports culture, students’ rights, community/university relations, class, and race) and the extent to which it is politically and/or legally productive to disaggregate or correlate arguments. Professor Timothy Davis will delve deeply into broader issues of race and sport by providing an overview of how the debate regarding race and sport has evolved over time. Professor Jeremi Duru, former counsel for the Fritz Pollard Alliance, will examine the movement to ensure equal opportunity hiring for head coaching positions for NFL Teams and its place in a broader effort to battle employment discrimination in corporate America.  In so doing, Professor Duru will analyze last year’s momentous Super Bowl as a consequence of that movement and will discuss what the Super Bowl match-up signifies for the future of race and sport. Professor Michael McCann will focus on lessons to be learned from social psychology about the intersection between race and age limits in professional sports.  Specifically, he will examine what social psychology tells us about the NFL and the NBA being the only major sports organizations that prohibit players from entrance until a prescribed period after high school graduation. He will further examine whether fan and media perception of African-American male athletes is, at least in part, explanatory. 

9:00-12:00 p.m.
Section on New Law Professors, Co-Sponsored by Section on International Human Rights
Topic: New Voices in Human Rights: Part III
Clinton Suite, 2 nd floor, New York Hilton

Moderators: Elizabeth A. Pendo, St. Thomas University School of Law
Sergio Pareja, University of New Mexico School of Law
Joseph F. Morrissey, Stetson University College of Law
Mark E. Wojcik, The John Marshall Law School

SPEAKERS SELECTED FROM CALL FOR PAPERS:

Globalization, Human Rights, and the Erosion of State Sovereignty
Milena Sterio, Cleveland-Marshall College of Law

The Cost of Conflation: On the Dualism of Jus Ad Bellum and Jus in Bello
Robert D. Sloane, Boston University School of Law

Colonial Constitutionalism Versus Self-Determination: Washington, You Have a Problem!
Carlos Iván Gorrin-Peralta, Inter-American University of Puerto Rico School of Law

The Façade of Neutrality: Implications of International Trade Politics on Women’s Rights
Barnali Choudhoury, Charleston School of Law

Toward a Predictive Theory of Executive Forum Discretion in Counterterrorism
Gregory S. McNeal, Pennsylvania State University, The Dickinson School of Law

The Mandatory Death Penalty in the Commonwealth Caribbean: A Chronicle of Death Foretold?
Jane E. Cross, Shepard Broad Law Center Nova Southeastern University T

Thoughts Toward Protection of a Right to International Travel
Jeffrey D. Kahn, SMU Dedman School of Law

The Democracy to Which We Are Entitled: Human Rights and the Problem of Money in Politics
Timothy K. Kuhner, Duke University School of Law and Roger Williams University School of Law

U.N. Millennium Development Goals and State Capacity: Shifting the Focus of Donor Programs to the Public Interest
Cleveland Ferguson III, Florida Coastal School of Law

United Nations Resolutions Relative to Efforts Aimed at Combating International Terrorism: An Emerging Norm of Customary International Law and Jus Cogens”
Joseph M. Isanga, Ave Maria School of Law “

This is an Emergency: Re-seeing the Jus ad Bellum through a Human Rights Lens
Brian J. Foley, Drexel University College of Law

9:00 - 10:45 a.m.
Section on Nonprofit and Philanthropy Law
Nassau B, Second Floor, Hilton New York
Roundtable on Nonprofit and Philanthropy Law Scholarship

Moderator: Darryll Keith Jones, University of Pittsburgh School of Law
Speakers: Robert E. Atkinson, Jr., Florida State University College of Law
Harvey P. Dale, New York University School of Law
James J. Fishman, Pace University School of Law
Marion R. Fremont-Smith, Senior Research Fellow, John F. Kennedy School of Government, Harvard University, Cambridge, Massachusetts
Susan N. Gary, University of Oregon School of Law

In this roundtable, pioneering and leading scholars of nonprofit and philanthropy law will discuss this field’s development as a discrete discipline, assess the current state of scholarship in this field, and consider fruitful areas for future research. Panelists will discuss aspects of nonprofit and philanthropy law from the perspective of general notions of corporate law, tax law and trust law.

9:00 - 10:45 a.m.
Section on North American Cooperation
Murray Hill B, Second Floor, Hilton New York
North American Cross-Border Practice and the Law Schools

Moderator: L. Kinvin Wroth, Vermont Law School
Bruce P. Elman, University of Windsor Faculty of Law
Ian Holloway, University of Western Ontario Faculty of Law
Carol A. Needham, Saint Louis University School of Law
John Wm. Reifenberg, Jr., Michigan State University College of Law
Gabriel Salinas, LL.M. Candidate at Harvard, Cambridge, MA
Laurel S. Terry, The Pennsylvania State University Dickinson School of Law

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

What are the trends in North American cross-border practice sparked by NAFTA and the opportunities for graduates of Canadian and Mexican law schools to take the bar examination in New York and other states? Should states relax the number of years of U.S. legal education required for such applicants? What is the disciplinary history of these lawyers in New York? What is the status of current initiatives among Canadian, Mexican, and U.S. law schools to develop joint programs or other cooperative ventures, and what is the potential impact of such programs on multinational practice in North America? Are there professional and academic impediments to such cooperation?

Professor Laurel S. Terry, Penn State-Dickinson, will lead off the program with a general summary of current international, U.S., and regional trends in cross-border practice, including recent Australian initiatives and the implications of the Bologna Process for U.S. legal education. Professor Carol Needham of St. Louis will add observations about bar admission and other processional issues, and Lic. Gabriel Salinas, a Harvard LL.M. candidate who has practiced in the U.S. and Mexico, will give the perspective of the new generation of lawyers. Deans Ian Holloway of Western Ontario and Bruce Elman of Windsor and Professors John Reifenberg of Michigan State and Kinvin Wroth of Vermont will describe international degree programs at their institutions and needs and opportunities presented by the changing cross-border practice scene.

9:00 - 10:45 a.m.
Section on Property Law
Regent Parlor, Second Floor, Hilton New York
Junior Scholars Works-In-Progress

Commentators: Eric R. Claeys, George Mason University School of Law
Lee Anne Fennell, The University of Chicago The Law School
Speakers: Nestor M. Davidson, University of Colorado School of Law
Lee J. Strang, Ava Maria School of Law

9:00 - 10:45 a.m.
Section on Women in Legal Education, Co-Sponsored by Sections on Clinical Legal Education and Legal Writing, Reasoning and Research
Gramercy B, Second Floor, Hilton New York
Rise of the Pink Collars: Women in the Legal Academy

Moderator: Rachel E. Croskery-Roberts, The University of Michigan Law School
Speakers: Amy G. Applegate, Indiana University School of Law-Bloomington
Pamela Edwards, City University of New York School of Law at Queens College
Herma Hill Kay, University of California, Berkeley School of Law
Ann Mc Ginley, University of Nevada, Las Vegas William S. Boyd School of Law

This panel shall address issues facing women in the legal academy which has been mostly ignored through the decades. The topics include: the history of women law professors; status and compensation issues for women law professors in general and additional barriers facing female clinicians; and hegemonic forms of masculinity and gendering roles within the legal academy.

Other Organization Events

7:00 - 8:30 a.m.
National Center for Philanthropy and the Law Philanthropy Professors Breakfast
Lincoln Suite, Fourth Floor, Hilton New York

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