Faculty Notes
Sara Sun Beale
2004 Supplement to Grand Jury Law and Practice (2d ed. 1997) (with Bryson, Felman & Elston)
Faculty Marshal at inauguration of Richard Brodhead as President of Duke University, September 2004
Presenter, “The Many Faces of Overcriminalization: From Morals and Mattress Tags to Overfederalization,” Heritage Foundation, the National Association of Defense Lawyers and Washington College of Law conference on Overcriminalization: The Politics of Crime, American University, October 2004
Presenter, “The Many Faces of Overcriminalization,” Faculty Workshop, University of Kentucky School of Law, December 2004
Appointed Reporter, Judicial Conference Advisory Committee on Criminal Rules, effective October 2005, by Chief Justice William Rehnquist, December 2004
Chair, Faculty Clerkship Committee, Duke Law School
Stuart Benjamin
2004 Supplement to Telecommunications Law & Policy (2001) (with Douglas Lichtman & Howard Shelanski)
Donald Beskind
Case file, Business Machines, Incorporated v. Minicom, Incorporated, (with Bocchino), National Institute for Trial Advocacy, 7th edition, 2004
Daubert in North Carolina: The Rule that Never Was, The Litigator, North Carolina Bar Association, November 2004, Volume 25, Number 1:1, 4-7
Ding Dong the Daubert Witch is Dead, TrialBriefs, October 2004: 8-12
Lecturer, “Oral Advocacy,” Georgia Public Defender’s Office, Atlanta, July 2004
Panelist, “Civil Pre-trial Practice: A Seasoned Practitioner’s Perspective,” North Carolina Bar Association, Cary, July 2004
Lecturer, “New Approach to Damages,” Association of Trial Lawyers of America, New Orleans, October 2004
Lecturer, “Case Plus–The Next Step in Developing and Testing Your Trial Story,” Association of Trial Lawyers of America, New Orleans, December 2004
Francesca Bignami
The Challenge of Cooperative Regulatory Relations After Enlargement, in Law and Governance in an Enlarged Europe (George Bermann & Katharina Pistor eds., 2004)
Introduzione [Introduction], in Il procedimento amministrativo nel diritto europeo, Quaderno n.1, Rivista trimestrale di diritto pubblico (Francesca Bignami & Sabino Cassese eds., 2004)
Tre generazioni di diritti di partecipazione nei procedimenti amministrativi europei [Three Generations of Participation Rights in European Administrative Proceedings], in Il procedimento amministrativo nel diritto europeo, Quaderno n.1, Rivista trimestrale di diritto pubblico (Francesca Bignami & Sabino Cassese eds., 2004)
Panel chair, “The Transatlantic Dimension: The Death Penalty,” American Society of Comparative Law Annual Meeting, University of Michigan, October 2004
Presenter, “Creating Rights in the Age of Global Governance,” European Law Research Center, Harvard Law School, October 2004
James Boyle
A Manifesto on WIPO and the Future of Intellectual Property, 2004 Duke Law & Technology Review 0009
Paul Carrington
Spreading America’s Word: Stories of Its Lawyer-Missionaries (Twelve Tables Press, 2005)
Clients I Remember: Part Four, 15 Experience 29-30 (Fall 2004)
Reproducing the Right Sort of Hierarchy, in Legal Education and the Reproduction of Hierarchy: A Polemic Against the System: a Critical Edition (Duncan Kennedy ed., 2004)
A Reflection on Rulemaking: The Rule 11 Experience, 37 Loyola of Los Angeles Law Review 563-572 (2004) (with Andrew Wasson)
Reflections on Brown, 6 Journal of Appellate Practice & Process 17-38 (Spring 2004)
The Revocability of Contract Provisions Controlling Resolution of Future Disputes Between the Parties, 67 Law & Contemporary Problems 207-221 (Winter/Spring 2004) (with Paul Y. Castle)
Elected Fellow, American Academy of Appellate Lawyers, 2004
Meeting chair, Society of American Law Teachers, Las Vegas, September 2004
Presenter, “Enforcing Human Rights in Courts–the U.S. as Model?” 2nd Annual Workshop of the German Law Journal, Duke Law School, October 2004
Commissioner, Annenberg Foundation Council on the Future of the Judiciary and American Democracy (2002-2004)
Member, National Academy of Science Panel on Law and Science
Member, Committee on Independence of the Judiciary of North Carolina Bar Association
Member, Legislative Committee, North Carolina Academy of Trial Lawyers
Member, Advocacy Council, North Carolina AARP
Erwin Chemerinsky
Justices Begin Another Blockbuster Year (Supreme Court Review), 40 Trial 76 (November 2004)
Another Year of Blockbusters (U.S. Supreme Court 2004 term), 24 California Lawyer 17-19 (October 2004)
The Chief Isn’t the Best One to Police the Police, Los Angeles Times, July 16, 2004, at B11
Court Bars Out-of-Court ‘Testimonial’ Statements, 40 Trial 82 (July 2004)
Cruel and Unusual: Lockyer v. Andrade, in A Year at the Supreme Court (Dave Douglas & Neal Devins eds., 2004)
In Defense of Judicial Review: A Reply to Professor Kramer, 92 California Law Review 1013-1025 (2004)
Empowering States When It Matters: A Different Approach to Preemption, 69 Brooklyn Law Review 1313-1333 (2004)
Evolving Standards of Decency in 2003 –Is the Death Penalty on Life Support?, 29 University of Dayton Law Review 201-222 (2004)
Losing Liberties: Applying a Foreign Intelligence Model to Domestic Law Enforcement, 51 UCLA Law Review 1619-1643 (2004)
The Need to Clarify the Meaning of U.S. Supreme Court Remands: The Lessons of Punitive Damages’ Cases, 36 Arizona State Law Journal 513-526 (2004) (with Ned Miltenberg)
Progressive and Conservative Constitutionalism as the United States Enters the 21st Century, 67 Law & Contemporary Problems 57-62 (Summer 2004)
Putting the Gun Control Debate in Social Perspective, 73 Fordham Law Review 477-485 (2004)
The Rehnquist Revolution, 2 Pierce Law Review 1-16 (2004)
Senate’s ‘Nuclear Option’, Los Angeles Times, December 5, 2004, at M5 (with Michael Gerhardt)
Three Decisions, One Big Victory for Civil Rights, 40 Trial 74-77 (September 2004)
Unanswered Questions: October Term 2003, 7 Green Bag 2d 323-334 (2004)
What is Commercial Speech? The Issue Not Decided in ‘Nike v. Kasky.’ 54 Case Western Reserve Law Review 1143-1160 (2004) (with Catherine Fisk)
Speaker, “Recent Supreme Court decisions,” conference of federal magistrate judges, Chicago, July 2004 (also at national workshop of federal bankruptcy judges Seattle, August 2004; conference of Virginia State Judges, Virginia Beach, August 2004; conference of Texas state judges, September 2004; national conference of federal district judges, Seattle, September 2004; Federal Bar Association, Los Angeles, October 2004; California state judges, October 2004; National Conference of Bankruptcy Judges, Nashville, October 2004; Kansas state judges, Witchita, October 2004; New York appellate judges, West Point, October 2004; Florida appellate judges, Amelia Island, December 2004)
Speaker, “The Constitution and elections, and recent Supreme Court decisions,” Tenth Circuit Judicial Conference, Park City, Utah, July 2004
Chair, conference for Practising Law Institute on Supreme Court October Term 2003, New York, August 2004
Panelist, 50th anniversary of Brown v. Board of Education, American Bar Association conference, Atlanta, August 2004
Speaker, “Jurisprudence of Rehnquist Court,”conference of Ohio state judges, Columbus, September 2004
Speaker, “Civil liberties and the war on terrorism,” Southwestern Law School, September 2004
Speaker, “Civil liberties and national security,” Albany Law School, October 2004 (also Nevada Bar Association, Las Vegas, December 2004)
Speaker, “First Amendment and the media,” national conference of media lawyers, Alexandria, October 2004
Speaker, “Civil liberties and terrorism; gay marriage,” California Bar Convention, Monterey, October 2004
Speaker, “The effect of the election on the Supreme Court,” University of Toledo Law School, October 2004
Speaker, “Recent developments in civil rights law,” Touro Law School, October 2004 (also Practising Law Institute, New York, November 2004; New York Attorney General’s office, December 2004)
Participant, Supreme Court Preview conference, William and Mary Law School, October 2004
Speaker, “Whether the Rehnquist Court is centrist,” University of North Carolina Law School, October 2004
Speaker, “Threats to judicial independence,” Connecticut State Bar and Judicial Conference, Hartford, November 2004
Speaker, “The perils of popular constitutionalism,” Oregon State Bar, Portland, November 2004
Speaker, “Recent developments in constitutional law,” Utah Bar Association, Salt Lake City, December 2004
George Christie
Advanced Torts: Cases and Materials (West Group, 2004)
Faculty, “Introduction to American Law,” Duke-Geneva Institute in Transnational Law, July 2004
Faculty, “Introduction to American Law,” Asia-America Institute in Transnational Law, Fukuoka, Japan, July 2004
Visitor, Seoul National University School of Law, July 2004
Charles Clotfelter
Presenter, “Federal Oversight, Local Control, and the Specter of ‘Resegregation’ in Southern Schools,” (by Clotfelter, Ladd, and Vigdor), conference on Brown v. Board of Education, Princeton University, October 2004, and meetings of Association of Public Policy and Management, Atlanta, October 2004
Panelist, “Resegregation Issues in Education,” North Carolina School Boards Annual Conference, Greensboro, November 2004
Panelist, “Fifty Years After Brown v. Board of Education,” Southern Economic Association meetings, New Orleans, November 2004
James Cox
Rules versus Standards: The Audit Committing, the Accounting Professions and the Metrics of Financial Reporting, 82 Washington University Law Quarterly (2004)
Reforming the Culture of Financial Reporting: The PCAOB and the Metrics for Accounting Measurements, 81 Washington University Law Quarterly 301-327 (2003)
Presenter, “Did the SEC Enforcement Efforts Change in 2001? An Empirical Study,” conference on “The SEC at 70,” University of Notre Dame, September 2004
Speaker, “Implication of Sarbanes-Oxley Act,” Reed Smith Global Finance Seminar, Washington, D.C., October 2004
Speaker on worldwide developments in corporate governance and improved financial reporting, multiple events sponsored by Bolsa Nacionel de Valores, Costa Rica, November 2004
Participant, Corporate Roundtable on Controlling Stockholders, University of Pennsylvania, November 2004
Lauren Dame
Lecturer, “Pharmacogenetics: Scientific, Legal & Ethical Issues in Genomic Medicine,” Howard Hughes Pre-college Program in the Biological Sciences, Duke University, July 2004
Lecturer, “Population Genetics and the Individual: Ethical and Legal Concerns,” Preventive Medicine Residency Program’s Seminar Series, University of North Carolina–Chapel Hill Medical Center, December 2004
Member, North Carolina Task Force on Genomics and Public Health
Member, Duke University Medical Center Task Force on the Hospital Ethics Committee
Member, Expert Advisory Panel for “Accessible Genetics Research Ethics Education” (AGREE)
Richard Danner
Issues in the Preservation of Born-Digital Scholarly Communications in Law, 96 Law Library Journal 591-604 (2004)
Elected First Vice President, International Association of Law Libraries
Participant, meetings of the Executive Committee of the Association of American Law Schools, Santa Fe, August 2004, and Washington, D.C., November 2004
Participant, Board meetings and annual conference of International Association of Law Libraries, Helskini, Finland, and Tallinn, Estonia, August 2004
Member, Licensing Team for proposed Charlotte International School of Law, on behalf of University of North Carolina, November 2004
Deborah DeMott
Restatement (Third) of Agency (Council Draft No. 6, 2004 (Reporter)
2004 Supplement to Shareholder Derivative Actions: Law and Practice (1987)
Bank Conflicts Raise Threats of Lawsuits over M&A, International Financial Law Review, August 2004, at 27
Shareholder Nominations of Directors, 78 Australian Law Journal 311 (2004)
Presenter, “The Texture of Loyalty,” conference on “Corporate Governance Post Enron,” British Institute of International and Comparative Law, London, September 2004
Expert witness, on behalf of shareholder plaintiffs in re The Walt Disney Company Derivative Litigation, Delaware Court of Chancery, October 2004
Diane Dimond
Faculty, Introduction to American Law, Duke-Geneva Institute in Transnational Law, July 2004
Robinson Everett
Chair, meetings of the Legal Assistance to Military Personnel (LAMP) Committee of the North Carolina State Bar, July 2004 and October 2004
Participant, American Bar Association Annual Meeting, Atlanta, August 2004
Participant, Annual Code Committee Meeting of the U.S. Court of Appeals for the Armed Forces, Washington, D.C., September 2004
Recipient, Chief Justice’s Professionalism Award, Annual Dinner of the North Carolina State Bar, October 2004
Speaker and participant, North Carolina State Bar Annual Conference on Legal Assistance to Military Personnel, November 2004
Participant, “National Security Law in a Changed World: The 14th Annual Review of the Field,” ABA Conference, Arlington, November 2004
Counselor, American Bar Association Standing Committee on Law and National Security
Member, American Bar Association Standing Committee on Armed Forces Law
Catherine Fisk
Justice for Janitors in Los Angeles and Beyond: A New Form of Unionism in the 21st Century?, in The Changing Role of Unions: New Forms of Representation ch. 2 (Phanindra Wunnava ed., M.E. Sharpe 2004) (with Erickson, Milkman, Mitchell & Wong)
What Is Commercial Speech? The Issue Not Decided in Nike v. Kasky, 54 Case Western Reserve Law Review 1143-1160 (2004) (with Erwin Chemerinsky)
Speaker, “Employment Law Update,” Judicial Conference of the U.S. Courts for the Tenth Circuit, Park City, July 2004
Speaker, “Employment Law: What Managers Need to Know,” Council of Appellate Staff Attorneys Annual Conference, Park City, July 2004
Chair, panel on Regulation and Political Economy in the Telephone Industry, at the Annual Meeting of the American Society for Legal History, Austin, November 2004
Keynote speaker, “The History of Intellectual Property as a Term and as a Concept,” University of Wisconsin Symposium on Legal History, Madison, November 2004
Paul Haagen
Faculty, Asia-America Institute for Transnational Law, Fukuoka, Japan, July 2004
Speaker, “Regulation of Doping in International Sports,” Department of Foreign Studies, Dong Bei Da Xue (Northeast University), Shenyang, China, July 2004
Speaker, “A Cultural Revolution: Due Process and Doping Control in the United States,” 2004 Pre-Olympics Congress, Aristotle University, Thessoloniki, Greece, August 2004
Chair, Regulation of the Business of International Sports, 2004 Pre-Olympics Congress, Aristotle University, Thessoloniki, Greece, August 2004
Chair, Protecting Human Rights–the U.S. as Model, The Political Economy of Jurisdiction for Human Rights/A U.S.-European Dialogue, 2nd Annual Workshop of the German Law Journal, Duke Law School, October 2004
Moderator, “Labor Strife and Economics: The Present and Future of the National Hockey League,” Duke Law School, October 2004
Clark Havighurst
Starr on the Corporatization and Commodification of Health Care: The Sequel, 29 Journal of Health Politics, Policy & Law 947 (2004)
Speaker, “Healthcare Monopolies: A New Look,” American Enterprise Institute, Washington, D.C., November 2004
Member, National Advisory Committee for the Health Care Investigators Awards Program, Robert Wood Johnson Foundation
Donald Horowitz
Facing Ethnic Conflicts: Towards a New Realism (Roman & Littlefield, 2004) (editor with Andreas Wimmer et al.)
Some Realism About Constitutional Engineering, in Facing Ethnic Conflicts: Towards a New Realism (Andreas Wimmer et al. eds., 2004)
Speaker, “The American Law School,” University of Kyushu, Fukuoka, Japan, July 2004
Lecturer, “The Deadly Ethnic Riot,” Central European University, Budapest, October 2004
Presenter, “Islamic Law and Women’s Rights,” American Society of Comparative Law annual meeting, University of Michigan School of Law, October 2004
Lecturer, “The Deadly Ethnic Riot,” “Fragility of Democracy Series,” Vanderbilt University, November 2004
Lecturer, “Constitutional Design for Severely Divided Societies,” Humanities and Social Sciences Division, California Institute of Technology, December 2004
Lecturer, “The American Law School,” University of Tokyo Law School, Chuo University Law School, and Waseda University Law School, December 2004
Speaker, “Constitutional Design for Taiwan,” Faculty Seminar, Academia Sinica, Taipei, Taiwan, December 2004
Lecturer, “Constitutional Design for Severely Divided Societies,” National Taipei University Law Faculty and Taipei Law Society, December 2004
Speaker, “Electoral Systems and Their Goals,” Soochow University, Taipei, December 2004
Keynote speaker, “How not to Change, and How to Change, a Constitution,” roundtable, National Taiwan University Law Faculty. (Visit to Taipei co-sponsored by Soochow University and the Government of Taiwan Commission on Research, Development, and Evaluation)
Judith Horowitz
Alumni gatherings, Hamburg, Germany, as well as alumni and faculty members at Central University in Budapest, October 2004
Contributor, “Internationalizing the Campus 2004: Profiles of Success at Colleges and Universities,” NAFSA: Association of International Educators, December 2004
University, law firm and alumni visits in Tokyo and Taipei, December 2004
Ted Kaufman
Solving a Great Mystery: How Delaware Became Democratic, Delaware Lawyer (Fall 2004)
David Lange
2005 Supplement to Intellectual Property: Cases and Materials (2d ed. 2003) (with Mary LaFrance & Gary Myers)
Martin Lybecker
Speaker, “Is Your Bank Ready for the SEC Bank Broker Rules (aka the “PushOut Rules”)?,” American Bankers Association Telephone Briefing, Washington, D.C., July 2004
Panelist, The View From “Inside the Beltway”–Regulation, Oversight and the Evolution in Mutual Fund, ETF, and Index Derivative Use, 2nd Annual The Art of Indexing, Washington, D.C., October 2004
Keynote Speaker, “The Mutual Fund Scandals,” 2004 Central Atlantic Trust, Private Banking and Asset Management Conference and Exhibition, Hershey, Pennsylvania, November 2004
Speaker, Regulatory Update, Platform Investment Sales, Consumer Bankers Association, Litchfield Park, Arizona, November 2004
Jennifer Maher
Speaker, “U.S. LL.M. Programs,” University of Tokyo, Chuo University, and Waseda University, Tokyo, and Doshisha University, Kyoto, Japan, December 2004
Secretary, International Law and Practice Section, North Carolina Bar Association
Chair, AALS Section on Graduate Legal Programs for Foreign Lawyers, 2004-2005
Contributor, “Internationalizing the Campus 2004: Profiles of Success at Colleges and Universities,” NAFSA: Association of International Educators, December 2004
Francis McGovern
Asbestos Legislation I: A Defined Contribution Plan, 71 University of Tennessee Law Review 155-190 (2003)
Judicial Ethics Meet Political Reality, The Bencher (American Inns of Court), November-December 2004
“Ethical Issues in Group Settlements,” Mealey’s Asbestos Litigation Conference, Chicago, July 2004
Speaker, “Comparative Claims Resolution Facilities,” Claims Administrator Roundtable, Malibu, July 2004
Speaker, “Mediating Claims Resolution Facilities,” Pepperdine Law School, Malibu, July 2004
Speaker, “Mediating Transboundary Water Disputes,” Utton Center, New Mexico Law School, Albuquerque, August 2004
Speaker, “Lessons from Mass Torts, The Past, Present, and Future of the Jewish West Bank and Gaza Settlements,” Harvard Law School, Cambridge, October 2004
Speaker, “Federal-State Coordination,” Complex Litigation Institute, George Washington Law School, Washington, D.C., October 2004
Speaker, “End Game and Exit Strategies,” Class Action Mass Tort Symposium, Louisiana State Bar, New Orleans, October 2004
Speaker, “The Future of Special Masters,” Special Masters Conference, William Mitchell College of Law, Minneapolis, October 2004
Ralf Michaels
Territorial Jurisdiction after Territoriality, in Globalisation and Jurisdiction 105-130 (Piet-Jan Slot & Mielle Bulterman eds., 2004)
US-Gerichte als Weltkartellgerichte? [US courts as World Antitrust Courts?], 24 Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 451-457 (2004) (with Daniel Zimmer)
Speaker, “Comparative Law and Human Rights–the Transatlantic Dimension: The Death Penalty,” American Society of Comparative Law, Annual Meeting, University of Michigan School of Law, October 2004
Speaker, “Code vs. Code: European Civil Code, French Cultural Resistance, and the Pluralism of European Private Law,” European Legal Research Center, Harvard Law School, European Private Law Speaker Series, September 2004
Organizer and moderator, “The Political Economy of Jurisdiction for Human Rights–a U.S. European Dialogue,” 2nd Annual Workshop of the German Law Journal, Duke Law School, October 2004
Madeline Morris
Arresting Terrorism: Criminal Jurisdiction and International Relations, in Enforcing International Law Norms Against Terrorism 63 (Andrea Bianchi ed., 2004)
Genocide Politics and Polity, 35 Case Western Reserve Law Review 205-211 (2003)
Terrorism and Unilateralism: Criminal Jurisdiction and International Relations, 36 Cornell International Law Journal 473-489 (2004)
Robert Mosteller
‘Crawford v. Washington’: Encouraging and Ensuring the Confrontation of Witnesses, 39 University of Richmond Law Review 511-626 (2005)
Theresa Newman
President, North Carolina Center on Actual Innocence
Member, North Carolina (Chief Justice’s) Actual Innocence Commission
Co-chair, National Innocence Network
Joost Pauwelyn
Bridging Fragmentation and Unity: International Law as a Universe of Inter-Connected Islands, 25 Michigan Journal of International Law 903 (2004)
A Comparative Analysis of Trade Remedies in the WTO (translated in Japanese), in Safeguards under the Wto Agreement: Issues and Proposals for a More Effective Mechanism 21-36 (Ichiro Araki & Kawase Tsuyoshi eds., 2004)
Environmental Risk, Precaution and Scientific Rationality in the Context of WTO/NAFTA Trade Rules, 24 Risk Analysis 461-469 (2004) (with D. Crawford Brown and Kelly Smith)
The Jurisdiction of the WTO, in Proceedings of the 98th Annual Meeting of the American Society of International Law 135-138 (2004)
Recent Books on Trade and Environment: GATT Phantoms Still Haunt the WTO, 15 European Journal of International Law 575-592 (2004)
WTO Condemnation of U.S. Ban on Internet Gambling Pits Free Trade against Moral Values, ASIL Insight, November 2004
Presenter, “Exit and Voice in International Law: Has the GATT-Club Turned into a WTO-Prison?,” World Trade Organization, Geneva, Switzerland, July 2004
Presenter, “The Use and Misuse of the WTO Dispute Settlement Mechanism with Regard to U.S. and EU Foreign Trade Policy ,” International Symposium on the Legal and Political Structure of Foreign Trade Relations of the U.S. and the EU, Martin-Luther University, Halle-Wittenberg, Germany, July 2004
Presenter, “Non-Traditional Patterns of Global Regulation: Is the WTO Missing the Boat?,” Conference on Legal Patterns of Transnational Social Regulations and Trade, European University Institute, Florence, Italy, September 2004
Presenter, “How Binding are WTO Rules? A Transatlantic Analysis of International Law,” Conference on Changing Patterns of Authority in the Global Political Economy, University of Tuebingen, Germany, October 2004
Commentator, “Power Plays and Capacity Constraints: The Selection of Defendants in WTO Disputes,” International Law Roundtable, Interdisciplinary Approaches to International Law, Vanderbilt University, November 2004
Faculty, International Trade and Commercial Law, Duke-Geneva Institute in Transnational Law, July 2004
Member, Editorial Board, Journal of International Economic Law
Co-Director, American Society of International Law Project on Trade and Human Rights
Appointed Member, Advisory Board for the Kenan Institute’s Project on Harmonizing Human Rights and Trade Agreements (sponsored by the Levi Strauss Foundation)
Jedediah Purdy
Freedom’s Next Fight, American Prospect, June 2004 (reviewing Lawrence Lessig, Free Culture (2004))
A World of Passions: How to Think About Globalization Now, 11 Indiana Journal of Global Legal Studies 1-49 (2004)
American Eating, American Politics, Die Zeit, October 2004
Democratic Conscience, Democratic Sense, La Vanguardia, October 2004
Kerry’s Dilemma, La Vanguardia, October 2004
Questions for President Bush (contributor), New York Times op-ed page, October 8, 2004
A Vote for Kerry Is a Vote for the American Dream, Charleston Gazette, October 2004
Democrats After the Election, Die Welt, November 2004
Speaker, “A Freedom-Oriented Approach to Property,” Future of Political Economy Working Group, Barnard College, Columbia University, October 2004
Speaker, “Modern Values in Postmodern Conditions,” German Marshall Fund/Bertelsmann Foundation Conference on Trans-Atlantic Relations, Tremezzo, Italy, October 2004
Panelist, “What Will the Election Mean?” Fuqua School of Business, Duke University, October 2004
JoAnn Ragazzo
Appointed, Juvenile Advisory Committee for the OrangeChatham Juvenile Crime Prevention Council, August 2004
Arti Rai
Allocating Power over Fact-finding in the Patent System, 19 Berkeley Technology Law Journal 907-922 (2004)
Finding Cures for Tropical Diseases: Is Open Source an Answer?, 1 PLoS Medicine 180-183 (December 2004)
Proprietary Considerations, in 2 Handbook of Stem Cells: Embryonic Stem Cells (Robert Lanza, ed., Elsevier Press 2004) (with Rebecca Eisenberg)
William Reppy
Counsel, Justice for Animals v. Lenoir County S.P.C.A., North Carolina Court of Appeals, September 2004
Presenter, “The Framework of Full Faith and Credit and Interstate Recognition of Same Sex Marriage,” Symposium on Interstate Recognition of Civil Unions and Domestic Partnerships, J. Rueben Clark School of Law, Brigham Young University, Provo, November 2004
Presenter, “Citizen Standing to Enforce Anti-Cruelty Laws by Obtaining Injunctions: The North Carolina Experience,” conference on Future of Animal Law, Animal Legal Defense Fund, Yale Law School, New Haven, November 2004
Appointed, Director of Animal Legal Defense Fund’s North Carolina Animal Cruelty Project, December 2004
Barak Richman
Firms, Courts, and Reputation Mechanisms: Towards a Positive Theory of Private Ordering, 104 Columbia Law Review 2329-2367 (2004)
Presenter, “How Communities Create Economic Advantage: Jewish Diamond Merchants in New York,” Association for the Study of Religion, Economics, and Culture annual meetings, Kansas City, October 2004
Presenter, “Firms, Courts and Reputation Mechanisms: Towards a Positive Theory of Private Ordering,” Faculty Workshop, University of Virginia Law School, Charlottesville, October 2004
Presenter, “Behavioral Economics and Health Policy: Understanding Medicaid’s Failure,” Yale/Stanford Junior Faculty Forum, New Haven, July 2004
Thomas Rowe
Civil Rules Advisory Committee Alumni Panel: The Process of Amending the Civil Rules, 73 Fordham Law Review 135, 146-49 (2004)
Visiting Professor, UCLA School of Law, Fall 2004
Chair, Professional Development Committee, Association of American Law Schools
Consultant, U.S. Judicial Conference Advisory Committee on Civil Rules
James Salzman
Natural Resources Law and Policy (Foundation Press 2004) (with J. Rasband and M. Squillace)
Environmental Tribalism, 87 Minnesota Law Review 1099-1137 (2003) (with Doug Kysar)
Presentations, “Ecosystem Service Markets, CSIRO, Adelaide, Australia, August 2004
Speaker, “In Defense of Regulatory Peer Review,” Notre Dame Law School, October 2004
Speaker, “Ecosystem Service Markets in an Unequal World,” World Conservation Forum, Bangkok, Thailand, November 2004
Presentation series, “Trade & Environment and Cleaner Production,” Lund University, Lund, Sweden, December 2004
Guest, “Human Rights Litigation for Environmental Harms,” Odyssey (presented by Chicago Public Radio and distributed through Public Radio International)
Christopher Schroeder
The Progressive Agenda for Health, Safety and the Environment (Carolina Academic Press, 2004) (editor with Rena Steinzor)
2004 Supplement to Environmental Regulation: Law, Science and Policy (4th ed. 2003) (with R. Percival)
Special Editor, Conservative and Progressive Legal Orders, Law and Contemporary Problems (Winter/Spring 2004)
Richard Schmalbeck
Faculty, International Tax, Duke-Geneva Institute in Transnational Law, Geneva, July 2004
Instructor, Canadian and American International Tax, Instituto Tecnolgico Autonomo de Mexico, Mexico City, August 2004
Presenter, “Class War and the Estate Tax: Have the Troops Gone AWOL?,” Duke Estate Planning Conference, October 2004
Discussant, National Center for Philanthropy and the Law conference on Diversions of Charitable Assets, New York, October 2004
Grant recipient from American Tax Policy Institute for study of the effects on charitable support of the Canadian estate tax repeal
Elected, Association of American Law Schools Membership Committee
Steven Schwarcz
Collapsing Corporate Structures: Resolving the Tension Between Form and Substance, 60 Business Lawyer 109-145 (November 2004)
Speaker, “Important Developments in Securitization,” American Bar Association annual meeting, Atlanta, August 2004
Speaker, “Restoring Trust in Financial Decision Making,” Third Annual Coach K & Fuqua School of Business Conference on Leadership, October 2004
Speaker, “Legal Opinions in Structured Finance: Creative Lawyering, or Inherent Fraud?,” Duke Law School EarlyStages Workshop
Member, ABA Drafting Committee responding to the Financial Accounting Standards Board (FASB) on setoff and isolation under generally accepted accounting principles (GAAP)
Consultant to German banking industry on crossborder structured financing
Expert witness for New York County District Attorney’s Office in People v. Huggins & Knight, a financial fraud case
Reappointed, AIFFL Academic Advisory Board, The University of Hong Kong
Chair Awarded, Stanley A. Star Professor of Law & Business, July 2004
Neil Siegel
The Election and the U.S. Supreme Court, Chicago Tribune, November 2, 2004, at C21
Nomination Could Bridge Divide, Sun Sentinel (Fort Lauderdale), November 22, 2004, at 23A
Speaker, “The Implications of Blakely v. Washington,” with Sara Beale, American Constitution Society for Law and Policy, Duke Law School, August 2004
Panelist, “Interrogation, Detention, and the Powers of the Executive,” 6th annual conference of the Program in Public Law, Duke Law School, September 2004
Speaker, “Preview of Supreme Court Term” with Erwin Chemerinsky, Program in Public Law, Duke Law School, October 2004
Panelist, “What Will the Election Mean?” Fuqua School of Business, Duke University, October 2004
Moderator, “Supreme Court Advocacy,” Program in Public Law, Duke Law School, November 2004
Scott Silliman
Troubling Questions in Interrogating Terrorists, 90 Duke Magazine (September-October 2004)
Speaker, “The Law and Interrogation,” to senior intelligence officials from the CIA, NSA, DoD and other federal agencies, Wye Conference Center in Maryland, August 2004
Speaker, “Law of War and Command Responsibilities,” to students at the JFK Special Warfare Center at Fort Bragg, August 2004
Speaker, “U.S. Constitutional and Statutory Law on National Security Issues,” to visiting Asian scholars and diplomats, Durham, NC, September 2004
Speaker, “Current Legal Issues in the War on Terrorism,” to the student body of the University of North Carolina School of Law, September 2004
Panelist, panel on “Global Challenges,” representing the Law School at one of the inaugural events for Duke University President Richard Brodhead, September 2004
Presenter, “On Military Commissions,” conference on Terrorism on Trial, Case Western Reserve School of Law, Cleveland, October 2004
Speaker, “Use of Force in the War on Terrorism,” Air Force Association of North Carolina, Raleigh, October 2004
Keynote Speaker, “Ethics and Leadership in a Dangerously Divided World,” conference sponsored by the North Carolina School of Science and Mathematics, Durham, November, 2004
Sponsor and Panel Chair, ”Military Commissions,” ABA conference on National Security Law in a Changed World: The Fourteenth Annual Review of the Field, Arlington, November 2004
Chair, Faculty Advisory Committee, Duke Journal of Comparative and International Law
Member, ABA Standing Committee on Law and National Security
Numerous media interviews in national/local television, radio and newspapers/news magazines on issues of international law involving the use of force, national security, the war on terrorism and military law
Carol Spruill
Speaker, “The Poverty IQ Test: A Study of Poverty and Government Programs in the United States,” 2004 NC Legal Services Statewide Conference, Raleigh, April 2004
Lecturer, “The Poverty IQ Test: A Study of Poverty and Government Programs in the United States,” presentation to Peace College students, Raleigh, October 2004
Appointed, founding member of the National Advisory Committee of Equal Justice Works (formerly the National Association for Public Interest Law) for a twoyear term, October 2004
Panelist, “Law School Pro Bono Resources,” NC Pro Bono Coordinators Institute, Cary, November 2004
Speaker, “The Poverty IQ Test: A Study of Poverty and Government Programs in the United States,” training for WUNC radio reporters, Chapel Hill, November, 2004
Member, Law School Liaison Committee and the Public Service Advisory Committee, North Carolina Bar Association
Board Member, Carolina Legal Assistance, for clients with mental disabilities
Laura Underkuffler
Presenter, “Comparative Law and Takings,” plenary session of the AALS Conference on Environmental and Property Law, University of Oregon, June 2004
Presenter, Faculty Workshop, University of Indiana-Indianapolis School of Law, September 2004
Presenter, Faculty Workshop, Seton Hall University Law School, October 2004
Presenter, “Tahoe’s Requiem: The Death of the Scalian View of Property and Justice,” 2nd Annual Constitutional Theory Conference, NYU Law School, October 2004
Presenter, “Property, Privacy, and Genetic Information,” Conference in Bioethics, Genetics, and Group Rights, Arizona State University, October 2004
Speaker, “Property and Human Dignity,” The Inaugural Brigham-Kanner Property Rights Scholarship Award Conference, to honor the Award’s recipient, Professor Frank Michelman of Harvard Law School, November 2004
Neil Vidmar
Experimental Simulations and Tort Reform: Avoidance, Error and Overreaching in Sunstein et al.’s Punitive Damages, 53 Emory Law Journal 1359-1403 (2004)
Presenter, “Medical Malpractice Litigation: Doctors, Lawyers, Patients and Insurers,” conference on “Access to Justice: Can Business Coexist with the Civil Justice System?” Loyola Law School, Los Angeles, October 2004
Participant, Coronado Conference 2, “Sequestered Science: The Consequences of Undisclosed Knowledge,” Project on Scientific Knowledge and Public Policy, New York, October 2004
“Medical Malpractice Litigation and Tort Reform: The Tort System and the Missing Discussion of Negligently Injured Patients,” Testimony before the Maryland Senate Special Commission on Medical Malpractice Liability Insurance Briefing, Annapolis, October 2004
Jonathan Wiener
Making Markets for Global Forests Conservation, in Painting the White House Green: Environmental Economics in the White House (Jason Shogren & Randall Lutter eds., RFF Press, 2004)
Stopping the Next Flu Pandemic: The Vaccine Shell Game, op-ed essay, November 2004 (with Laura J. Kornish)
Speaker and conference co-organizer, “The Reality of Precaution” and “Precaution against Terrorism and WMD,” at “Risk Management in a Complex World: The Fourth Transatlantic Dialogue on Precaution,” organized by the Duke Center for Environmental Solutions, the European Commission, and the German Marshall FundU.S., Duke University, September 2004
Speaker, “Appraising the New UK Strategy for Risk Management,” Plenary Session, annual meeting of the Society for Risk Analysis, Palm Springs, December 2004
Moderator and co-organizer, “Can Markets Protect the Planet? Prospects for Greenhouse Gas Emissions Trading in the United States and Europe,” Duke Law School, November 2004
Project group member, Workshop on Basic Concepts of Risk Governance, International Risk Governance Council, Munich, November 2004
Awarded William R. & Thomas L. Perkins chair, July 2004
Lawrence Zelenak
Framing the Distributional Effects of the Bush Tax Cuts, 105 Tax Notes 83-95 (2004)
Redesigning the Earned Income Tax Credit as a Family-Size Adjustment to the Minimum Wage, 57 Tax Law Review 301-353 (2004)
Awarded Pamela B. Gann Professorship, July 2004