Summer 2020 Faculty Activities


Jack M. Balkin

lectures and addresses

• Keynote Address, "How to Regulate (and Not Regulate) Social Media," Association for Computing Machinery Symposium on Computer Science and Law, New York, NY, Oct. 28, 2019

• "Propaganda, Disinformation, and the Press," Section on Media and Communications Law, American Association of Law Schools Convention, Washington, DC, Jan. 3, 2020

• "The Future of Progressive Constitutionalism," American Constitution Society Chapter, Harvard Law School, Cambridge, MA, Feb. 6, 2020

• Keynote Address, "Saving the Digital Public Sphere," Association for the Study of Law, Culture, and the Humanities, Quinnipiac University School of Law, North Haven, CT, Mar. 7, 2020

publications

How to Regulate (and Not Regulate) Social Media, Knight Institute Occasional Paper Series, No. 1 (Mar. 25, 2020)

Translating the Constitution, 118 Mich. L. Rev. 997 (2020)

Why Liberals and Conservatives Flipped on Judicial Restraint: Judicial Review in the Cycles of Constitutional Time, 98 Tex L. Rev. 215 (2019)

Guido Calabresi

lectures and addresses

• Taught (by Zoom) a class at Georgetown Law School on Taber v. Maine, Mar. 18, 2020

• Spoke at the Chapel St. Thomas More at Yale in its “Theology on Tap Series,” on “What a Judge Does When the Law is Wrong,” Feb. 13, 2020

• Attended a Conference at Touro Law School on "Charles A. Reich, A Commemoration of His Life and Legacy," Jan. 29-30, 2020, and gave the lead speech at the opening dinner

• Principal speaker at the Conclusion of the 16th Year of the Doctoral Course in Law at Trento University; spoke on Il rapporto fra diritto, economia ed altri campi: la rivincita del diritto ("The Relationship Between Law, Economics, and Other Fields: The Law’s Comeback")

• Gave the introduction to a conference sponsored by the Osservatorio Giordano Dell’Amore, Il Futuro Del Lavoro E I Lavori Del Futuro (The Future of Work and the Work of the Future), Milan, Nov. 15, 2019

• Participated in an Aspen Italy Roundtable in Rome on Come massimizzare Il patrimonio energetico dell’Italia, ("How to Maximize the Energy Patrimony of Italy"), Nov. 6, 2019

• Presided over and spoke at the first session of a conference in honor of Carlo Castronovo on The Science of Civil Law and Its International Dimension at the Catholic University in Milan, Nov. 15, 2019

• Gave the opening address at a conference on Impresa, mercati e tutela civile (Business, Markets and Civil Regulation) at the University of Trento and spoke on "The Coming of Driverless Cars and Its Radical Consequences for Law," Oct. 25, 2019; presided over the first session of the conference on Civil Regulation of Economic Activity

• Addressed the new and current doctoral students at Trento University on Al Miglior Fabbro: Il Maestro E L’Allievo Nella Ricerca Universitaria, ("The Teacher and Student in University Research"), Oct. 24, 2019

• Spoke to an undergraduate constitutional law class at Quinnipiac University, Oct. 10, 2019

• Spoke at a 100th anniversary reunion of all Supreme Court law clerks on "Clerking on the Supreme Court 61 Years Ago," Oct. 5, 2019

• Attended a symposium on "Innovation, Justice, and Globalization" at Harvard Law school in honor of Jerome Reichman and gave a keynote address entitled "Liability Rules: What They Are and What They Are Not," Sept. 27, 2019

• Gave a Lectio Magistralis at the Corte dei Conti, Rome, Italy, on “La rivincita del Diritto” ("The Law’s Comeback"), July 9, 2019

• Spoke at Canadian Institute of Advanced Legal Studies at Queens’ College, Cambridge, England, on “A Non-Ideological Critique of the United States Supreme Court: The Need for Dialogue,” July 2-4, 2019

publications

Driverless Cars e Responsabilità Civile (Driverless Cars and Civil Liability), with E. AL Mureden, in Rivista di Diritto Bancario (Supp. Jan-Mar. 2020) 7

Osservazioni sull’emigrazione intellettuale dall’Italia fascista verso gli Stati Uniti (Observations on the Intellectual Emigration from Fascist Italy to the United States), in L'emigrazione Intellettuale Dall'italia Fascista (The Intellectual Emigration from Fascist Italy), Patrizia Guarnieri ed., Firenze University Press, 2019

Professor Fleming James Jr (1904-1981) at 259-287, in Scholars of Tort Law (James Goudkamp & Donal Nolan eds.) (Hart Publishing, 2019)

Chapter 9 – Reflections on Maimonides’ Tort Theory in Maimonides and Contemporary Tort Theory, Law, Religion, Economics, and Morality, August 2020

Amy Chua

lectures and addresses

• "Political Tribalism,” The Sulgrave Club, Washington, DC, Nov. 14, 2019

• "Day of Empire: Implications for China and the U.S.,” Address to the Members of the China Bank of Communication, Yale School of Management, Dec. 4, 2019

• “Reflections: My Personal and Professional Journey,” LinkedIn, NYC, Dec. 9, 2019

• “Political Tribalism,” Yale Club of the Palm Beaches, Palm Beach, FL, Jan. 30, 2020

• “In Conversation with Amy Chua,” Interview by Anne Fulenwider, Harvard Alumni Engagement Initiative, NYC, Feb. 24, 2020

• "Political Tribes,” PEN America Author’s Evening, NYC, Apr. 9, 2020

Justin Driver

lectures and addresses

• “The Southern Manifesto in Myth and Memory,” Supreme Court of the United States, Supreme Court Historical Society, Washington, DC (introduced by Justice Elena Kagan)

• Hartman Hotz Lecture, “Are Public Schools Becoming Constitution-Free Zones?,” University of Arkansas, Fayetteville, AR

• Lane Lecture, “Are Public Schools Becoming Constitution-Free Zones?,” University of Nebraska, Lincoln, NE

Robert C. Ellickson

lectures and addresses

• Panel on “Zoning Administration and the Review Process,” Zoning Reform Roundtable, Suffolk University Law School, Boston MA, Nov. 15, 2019

• “The Zoning Strait-Jacket: The Freezing of American Neighborhoods of Single-Family Houses,” presentation co-sponsored by Yale Law Urbanists and Yale Law Federalist Society, New Haven CT, Feb. 6, 2020

• Commentator on William Fischel, “Will Federal Courts Get the Knack for Knick? The Cautionary History of Nectow v. Cambridge,” Yale Law School Federalist Society forum, New Haven CT, Mar. 5, 2020

William Eskridge Jr.

lectures and addresses

• Keynote address: “How Corpus Linguistics Interacts with the Theory and Practice of Statutory Interpretation,” BYU Conference on Law and Corpus Linguistics, Feb. 2020

• “Why Marriage Equality Prevailed–and Lessons for Other Social Movements?,” Cutler Lecture, William & Mary School of Law, Oct. 2019

• “Legislative Constitutionalism: Lessons from the Early Marriage Equality Cases,” AALS, Jan. 2020

publications

Presidential Constitutionalism and Marriage Equality, 167 U. Pa. L. Rev. 1891 (2019)

Daniel C. Esty

lectures and addresses

• “Pathways to a Sustainable Future,” Aspen Institute Congressional Program Breakfast for Members of Congress, Washington, DC, Oct. 17, 2019

• “Rethinking Environmental Protection for the 21st Century: Innovative Policies, Technologies and Practices,” A Better Planet: 40 Big Ideas for a Sustainable Future book launch, Aspen Institute, Washington, DC, Oct. 17, 2019

• “Big Ideas for a Sustainable Future,” Yale Club of Los Angeles book talk, Venice, CA, Oct. 27, 2019

• “Delivering Innovation for a Clean Energy Future,” Yale Center for Environmental Law and Policy, New Haven, CT, Nov. 6, 2019

• "Creating Investment-Grade Corporate Sustainability Metrics,” Yale Initiative on Sustainable Finance Annual Symposium, New Haven, CT, Nov. 8, 2019

• "Reframing Environmental Protection: Big Ideas for the 21st Century,” Yale Environmental Dialogue at American University, Washington, DC, Nov. 15, 2019

• "Dan Esty on the New Book of Essays Entitled A Better Planet: 40 Big Ideas for a Sustainable Future,” Our Daily Planet, Nov. 19, 2019

• Testimony before the House Committee on Energy and Commerce's Subcommittee on

• Environment and Climate Change on “Deep Decarbonization,” Washington, DC, Dec. 5, 2019

• Sand County Society Annual Luncheon, New York, NY Dec. 9, 2019

• “Pathways to Sustainability: Perspectives from A Better Planet: 40 Big Ideas for a Sustainable Future,” Yale Club of Italy, Rome, Italy, Dec. 12, 2019

A Better Planet: 40 Big Ideas for a Sustainable Future book talk, Yale Club of Phoenix, Phoenix, AZ, Jan. 27, 2020

• “Rethinking the Legal Foundations for a Sustainable Future,” Arizona State Law School, Phoenix, AZ, Jan. 28, 2020

• “Pathways to Sustainability: Perspectives from A Better Planet: 40 Big Ideas for a Sustainable Future,” Arizona State University, Tempe, AZ, Jan. 28, 2020

• “Yale Law School Library Book Talk on A Better Planet: 40 Big Ideas for a Sustainable Future,” Yale Law School, New Haven, CT, Feb. 5, 2020

• “Big Ideas for a Sustainable Future,” Google, Mountain View, CA, Feb. 10, 2020

• “Pathways to a Sustainable Future,” X: The Moonshot Factory, Mountain View, CA, Feb. 10, 2020

• “The Future of Sustainability and the Role of Innovation” The Commonwealth Club of California, San Francisco, CA, Feb. 10, 2020

• “A Better Planet: Forty Big Ideas for a Sustainable Future," Stanford University, Stanford, CA, Feb. 11, 2020

• From Red Lights to Green Lights: Innovation as the Key to a Sustainable Future,” Breakthrough Institute, Oakland, CA, Feb. 12, 2020

• “Pathways to Sustainability: Perspectives from A Better Planet: 40 Big Ideas for a Sustainable Future,” Goldman School of Public Policy, University of California (Berkeley), Berkeley, CA, Feb. 12, 2020

• “What We as a Global Community Need to Do to Create a Sustainable Future,” World Affairs Council of Seattle, Seattle, WA, Feb. 13, 2020

• “Big Ideas for a Sustainable Future,” Town Hall Seattle, Seattle, WA, Feb. 13, 2020

• “Changing Roles of Investors and Financiers in Driving Decarbonization,” Aspen Institute, Aspen, CO, Feb. 25, 2020

• “A Better Planet--An Afternoon with Yale Professor Dan Esty,” Louisiana Museum of Modern Art, Humlebaek, Denmark, Mar. 8, 2020

• "Pathways to Sustainability: Perspectives from A Better Planet: 40 Big Ideas for a Sustainable Future,” Mandag Morgen, Copenhagen, Denmark, Mar. 9, 2020

• “Sustainability Leadership,” Sustainia, Copenhagen, Denmark, Mar. 11, 2020

• “Pathways to a Sustainable Future: Lessons from A Better Planet: 40 Big Ideas for a Sustainable Future,” University of Copenhagen (via ZOOM), Apr. 14, 2020

• “Earth Day at 50: Yale Business Sustainability Summit,” Yale School of Management (via ZOOM), Apr. 15, 2020

publications

A Better Planet: 40 Big Ideas for a Sustainable Future (ed.), New Haven: Yale University Press (2019)

Owen M. Fiss

professional highlights

• Co-director, Yale Law School Middle East Legal Studies Seminar, “Enduring Questions, New Challenges,” Madrid, Spain, Jan. 10-12, 2020

• Co-director, Abdallah S. Kamel Center for the Study of Islamic Law and Civilization at Yale Law School

• Co-director, Latin American Legal Studies Program (LALS) of Yale Law School

• Board of Directors, Libraries Without Borders

Heather K. Gerken

lectures and addresses

• “State of the School and Presentation of the Award of Merit,” presented to Ben Heineman, Jr. ’71 and Linda Rottenberg ‘93, Yale Law School Alumni Weekend, Oct. 19, 2019

• "Conversation with Supreme Court Justice Sonia Sotomayor” as part of Alumni Weekend 2019, and 150-year celebration of Women at Yale, Woolsey Hall, Yale University, Oct. 19, 2019

• Moderated a conversation between George Conway III ’87 and Neal Katyal ’95 for event titled, “Trump and the Rule of Law, A Conversation between George Conway and Neal Katyal,” Yale Law School, Oct. 23, 2019

• Remarks, at the Inaugural Rosenkranz Originalism Conference, Yale Law School, Oct. 25, 2019

• Introduction, Anne Urowsky Professor of Law Inaugural Lecture by Douglas NeJaime, Yale Law School, Oct. 28, 2019

• Presentation to University Development Staff, Yale Law School, Nov. 1, 2019

• Remarks, YLS New York City Donor Relations Dinner, Rizzoli’s Bookstore, New York, Nov. 7, 2019

• Introduction of Justice Mariano-Florentio Cuéllar of the Supreme Court of California, Castle Lecture, Yale University, ISPS Amphitheater, Nov. 14, 2019

• Remarks, “Yale Day of Data,” Yale Law School, Dec. 6, 2019

• State of the School Address, Los Angeles Courtyard Alumni Event, Latham & Watkins, Los Angeles, CA, Jan. 6, 2020

• State of the School Address, San Francisco Courtyard Alumni Event, O’Melveny & Myers, San Francisco, CA, Jan. 8, 2020

• Herma Hill Kay Lecture, “The Myth of the Laboratories of Democracy” by Heather Gerken & Charles Tyler,” Berkeley Law School, Jan. 23, 2020

• Introduction, Yale Law, Ethics, and Animals Program (LEAP) Inaugural Lecture, Yale Law School, Feb. 4, 2020

• Introduction, Dean’s Lecture by Randal Quarles ’84, Vice Chair for Supervision, Board of Governors of the Federal Reserve System, Yale Law School, Feb. 11, 2020

• Introduction, Dean’s Lecture by Dwayne Betts, Yale Law School, Feb. 17, 2020

• Introduction, Rev. Dr. William J. Barber II, Gruber Distinguished Lecture in Global Justice, Yale Law School, Feb. 24, 2020

• Introduction, Brennan Center 2020 Jorde Symposium Lecture, Introduction of Dean Trevor Morrison of NYU School of Law, for his lecture titled “Constitution by Convention,” Yale Law School, Feb. 27, 2020

• Introduction, Storrs Lectures by Professor Edward Glaeser, Department of Economics, Harvard University, Yale Law School, Mar. 2-3, 2020

Abbe R. Gluck

lectures and addresses

• The Congressional Bureaucracy, University of North Carolina Law School, Oct. 2019, Yale Law School Feb. 2020, Seton Hall Law Mar. 2020

• YLW Alumni Weekend Panel: Regulating Gender and Sexuality under Trump, New Haven, Oct. 2019 (moderator)

• Opioids in Court—A TED Talk at Yale Law School, Reunion Weekend, New Haven, Oct. 2019

• Moderator, Fighting Gun Violence in Court, Yale Law School, Feb. 2020

• Moderator, Legislators Against Gun Violence—U.S. Senator Blumenthal, CT Sen. Winfield, CT Rep. Stafstrom, Yale Law School, Feb. 2020

• Co-Convener & Presenter, The Legislation Works-in-Progress Roundtable, Yale Law School Feb. 2020

• Law and the Opioid Crisis, Bloomberg Partners Initiative, NYC, Dec. 2019 & Seton Hall Law School, Mar. 2020

• Invited Speaker, Roundtable, Gray Center on the Administrative State, Scalia School of Law, Arlington, VA, Mar. 2020

publications

The Trillion Dollar Revolution: How the Affordable Care Act Transformed Law, Politics and Health Care in America (co-edited with Zeke Emanuel)

Affordable Care Act Entrenchment, Georgetown L.J. (2020) (with Thomas Scott- Railton ’18)

What happens when our insurance is tied to our jobs, and our jobs vanish? (with Timothy Stoltzfus Jost), Wash. Post, Apr. 13, 2020

There’s Only One Thing Stopping Trump From Deporting Health Care Workers (with Bill Aseltyne, Beth Essig & Debra L. Zumwalt), NY Times, Apr. 2, 2020

Opinion: Prison outbreak affects health of entire state (with Andrew Clark, Lisa Puglisi & Emily Wang), CT Post, Mar. 31, 2020

Happy Tenth Birthday Obamacare, This Crisis Would be Much Worse without You, Health Affairs Online, Mar 23, 2020,

The Families First Coronavirus Response Act Is Necessary But Not Sufficient–Here’s What Congress Should Do Next (with Erica Turret ’20 et al.), Health Affairs Online, Mar. 18, 2020

Health Care Priorities For A COVID-19 Stimulus Bill: Recommendations To The Administration, Congress, And Other Federal, State And Local Leaders From Public Health, Medical, Policy And Legal Experts (with Erica Turret ’20 et al.), Health Affairs Online, Mar. 12, 2020

Federalism and the Affordable Care Act, in The Trillion Dollar Revolution (2020) (with Nicole Huberfeld)

The ACA At 10: Health Care Revolution (with Ezekiel Emanuel), Health Affairs Online, Feb. 28, 2020

Who Should You Blame if You Lose Your Health Care?, NY Times, Dec. 19, 2019

other professional highlights

• 2020 Visiting Professorship, Seton Hall Law School, Center for Health & Pharmaceutical Law & Policy, Newark, NJ

• Named Adviser, American Law Institute, Restatement of the Law Third, Torts: Concluding Provisions

• Co-Convener & Presenter, The Legislation Works-in-Progress Roundtable, Yale Law School February 2020

Miriam Gohara

lectures and addresses

• Moderator, "Communities, Families, and the Impact of Extreme Sentences," co-sponsored by the Arthur Liman Center for Public Interest Law and Fair and Just Prosecution, Yale Law School, Oct. 24, 2019

• Address and Panel Moderator, "Lifting As We Climb: Life for Women and Families after Incarceration," with guests Susan Burton and Romarilyn Ralston, Yale Law School, Sept. 9, 2019

other professional highlights

• Appointed by the President of the American Bar Association as Special Advisor to the Standing Committee on Legal Aid and Indigent Defendants

• Advanced Sentencing Clinic filed suit along with the Lowenstein International Human Rights Clinic and the ACLU of Connecticut against Governor Ned Lamont and Department of Correction Commissioner Rollin Cook over failure to provide basic safeguards against COVID-19 for people in Connecticut’s prisons and jails

• Advanced Sentencing Clinic drafted and filed an amicus brief in the California Supreme Court in In re William M. Palmer, on behalf of amici, The Prison Law Office and former correctional administrator David Muhammad and former probation director Vincent Schiraldi, arguing that a term of parole following a prison sentence a court has found unconstitutional is also unconstitutional

Oona A. Hathaway

lectures and addresses

• “Was the Qassem Soleimani Strike Constitutional?,” We the People with Jeffrey Rosen Podcast, The Constitution Center, in conversation with John Bellinger, former Legal Adviser at the U.S. Department of State, Jan. 2020

• Why It’s so Easy to Start a War,” What’s Next, Slate Podcast, Jan. 8, 2020

• “The Soleimani Strike,” MSNBC, Velshi & Ruhle, Jan. 2020

• New Day with Alisyn Carmerota, CNN, Jan. 2020

• Soleimani Strike: What war powers does the president have?,” NBC News, Jan. 21, 2020

• Isaac Chotiner, "What War Powers Does President Trump Have?,” (Transcribed Interview) The New Yorker, Jan. 7, 2020

• “Armed Attack and Self-Defense in the Cyber-Domain,” Second and Third Convenings of the Council of Advisers on the Application of the Rome Statute to Cyberwarfare, Permanent Mission of Liechtenstein, New York, NY, Dec. 11, 2019 & Jan. 29, 2020

• “Control, Responsibility, and Classification of Conflict,” ICRC, SCIL USNWC, and HLS PILAC Conference on Partnered Warfare: International Law and Policy Dimensions, Washington, DC, Dec. 3-4, 2019

• “Data and Sovereignty,” CyCon 2019 US, Arlington, VA, Nov. 20, 2019

• “National Security Lawyering,” American Constitution Society Workshop, Yale Law School, New Haven, CT, Nov. 11, 2019

• “National Security Lawyering,” Faculty Colloquium, Harvard Law School, Cambridge, MA, Nov. 8, 2019

• Workshop on Cyberspace and Geopolitics: “Assessing Global Cybersecurity Norm Processes at a Crossroads,” University of Pennsylvania Perry World House, Philadelphia, PA, Oct. 29, 2019

• “Rebooting International Law for the Cyber Age,” UNGA Sixth Committee side event, sponsored by Debevoise & Plimpton, New York, NY, Oct. 30, 2019

• “Different Approaches to Understanding ‘Use of Force’ and ‘Armed Attack’ in Cyberspace,” Council of Advisers on the Application of the Rome Statute to Cyberwarfare, Permanent Mission of the Principality of Liechtenstein, New York, NY Oct. 30, 2019

• “National Security Lawyering” NYU Hauser Colloquium, New York University School of Law, New York, NY, Oct. 23, 2019

• “Protection of Civilians” Meeting of the Advisory Committee on International Law, U.S. Department of State, Washington, DC, Oct. 18, 2019

publications

Aiding and Abetting in International Law, 104 Cornell L. Rev. 1593 (2020) (with Srinath Kethireddy, Alexandra Francis, Alyssa Yamamoto & Aaron Haviland)

The Soleimani Strike Defied the U.S. Constitution, The Atlantic, Jan. 4, 2020

How to Recover a Role for Congress and the Courts in Decisions to Wage War, Just Security (with Geoffrey Block), Jan. 10, 2020

A Comparative Foreign Relations Law Agenda: Opportunities and Challenges, in Oxford Handbook of Comparative Foreign Relations Law (Curtis Bradley, ed., 2019)

• International Law and Its Transformation Through the Outlawry of War, International Affairs (with Scott Shapiro) (Cambridge University Press 2019)

Yemen: Is the U.S. Breaking the Law?, Harvard National Security Review (with Srinath Kethireddy, Alexandra Francis, Alyssa Yamamoto & Aaron Haviland) (2019)

What is a War Crime?, Yale J. Int'l L. (with Paul Strauch, Beatrice Walton & Zoe Weinberg) (2019)

• Response, H-Diplo Roundtable on The Internationalists: How a Radical Plan to Outlaw War Remade the World, H-Diplo (with Scott Shapiro), Nov. 18, 2019

How to Revive Congress’s War Powers, Texas National Security Review, Nov. 2019

• Turkey is Violating International Law. It Took Lessons from the U.S., Wash. Post, Oct. 22, 2019

other professional highlights

• Vice President, American Society of International Law

• Counselor to the Dean, Yale Law School

 

Paul W. Kahn

lectures and addresses

• “The Political Economy of Blood,” Lecture at the Van Leer Institute in Jerusalem

• “Public Understanding of Quantum Mechanics,” Public Conversation with Michel Devoret, Quantum Physicist: at Yale Quantum Physics Lab

• “The Cultural Analysis of Law: Questions and Answers,” Interview with German Law Journal

• “America’s Divided Political Imaginary” in On Public Imagination: A Political and Ethical Imperative,” ed. Victor Faessel, Richard Falk and Michael Curtin

publications

• Project and System,” Aeon, Dec. 9, 2019

• Chapter, Decision and Legal Interpretation, in The Political Dimension of Constitutional Law, Miguel Nogueira de Brito and Luís Pereira Coutinho eds. (2020)

Here is the Ticket, The Hill, Feb. 3, 2020

National Security Matters More than Ever in New Era of Coronavirus Crisis, The Hill, Mar. 23, 2020

The End of Conservatism, Yale University Press Blog, Nov. 29, 2019, available at

http://blog.yalebooks.com/2019/11/29/the-end-of-conservatism/

The End of Conservatism, Yale University Press Blog, translated to Italian in Il foglio

 

Amy Kapczynski

lectures and addresses

• Temple Law School, East Coast Political Economy Consortium, Philadelphia, NY, Mar. 6, 2020

• Paper Presentation: “The Public’s Secrets: The Law and Political Economy of Trade Secret Law,” Harvard University, Political Economy & Justice Workshop, Cambridge, MA, Dec. 12-13, 2019

• Discussant, University of Buffalo Law School, APPEAL and Journal of Law and Political Economy Workshop, Buffalo NY, Oct. 11-12, 2019

• Paper Presentation: “Market, State, Subject: Finding and Remaking Political Economy,” Oxford University, Centre for Socio-Legal Studies, Oxford, UK, Oct. 7, 2019

• Lecture: “Theorizing Law and Political Economy in the Era of Neoliberalism”

publications

Building a Law-and-Political-Economy Framework: Beyond the Twentieth-Century Synthesis 2020 (with Jedediah Britton-Purdy, David Singh Grewal & K. Sabeel Rahman), Yale L.J., Apr. 2020

The Law of Informational Capitalism, Yale L.J, Mar. 2020

The New Politics of Care, Boston Review, Apr. 2020 (with Gregg Gonsalves)

Markets vs. Lives, Boston Review, Mar. 2020 (with Gregg Gonsalves)

Alone Against the Virus, Boston Review, Mar. 2020 (with Gregg Gonsalves)

To Help Develop the Safest, Most Effective Coronavirus Tests, Treatments, and Vaccines, Ensure Public Access To Clinical Research Data, Health Affairs Blog, Mar. 26, 2020 (with Chris Morten, Joe Ross & Harlan Krumholz)

Free Speech Incorporated, Boston Review, Dec. 5, 2019

• United States v. Gilead: Can a Lawsuit Yield Better Access To PrEP?, Health Affairs Blog, Nov. 18, 2019 (with Christopher Morten)

Assessing Drug Pricing Reform Proposals: The Real Leverage and Benefits Of Competitive Licensing, Health Affairs Blog, Nov. 4, 2019 (with Christopher Morten)

Confidentiality Orders and Public Interest in Drug and Medical Device Litigation, JAMA Internal Medicine, Vol. 180 No. 2, 292 (2020) (with Alex Egilman, Aaron Kesselheim, Harlan Krumholz, Joe Ross & Jeanie Kim)

Confidentiality Orders in Drug, Device Lawsuits Harm Patients and the Public, StatNews, Nov. 11, 2019 (with Alexander Egilman & Joe Ross)

Political Economy and Human Rights: Paths Forward, Humanity Blog, Oct. 4, 2019 (part of a symposium on my article, The Right to Medicines in an Age of Neoliberalism)

other professional highlights

• Faculty co-organizer for summer academy on “Anti-Monopoly and Regulated Industries”

• Senior Editor and Contributor, Law and Political Economy Blog

• Visiting Scholar, Knight Institute for the First Amendment, Columbia University, NYC

Harold Hongju Koh

lectures and addresses

• "How Healthy is UNCLOS?” Conference on UNCLOS@25, Hamburg University /Indiana U. Hamilton-Lugar School of Global and International Studies, Int’l Tribunal for the Law of the Sea, Hamburg, Germany, Oct. 17, 2019

• “The Trump Administration and International Law,” Phi Beta Kappa Visiting Scholar Lecture, Chapman University, Orange, CA, Oct. 24, 2019

• “The Future of Climate Change,” Phi Beta Kappa Visiting Scholar Lecture, Chapman University, Orange, CA, Oct. 24, 2019

• “Giving Legal Advice to Governments,” International Law Week Panel, Freshfields, New York, NY, Oct. 29, 2019

• “National Security and the Impeachment Inquiry,” ABA International Law Section—National Security Law Committee Podcast, Oct. 30, 2019

• “A National Security Impeachment,” American Constitution Society, Yale Chapter, Progressive Scholarship Workshop, Nov. 18, 2019

• “Preserving the Rule of Law in the Age of Trump,” 42d F.A. Mann Lecture, British Institute of International and Comparative Law, Lincoln’s Inn, London, Nov. 26, 2020

• “Charles Reich: Due Process in the Eye of the Receiver,” Conference on “Charles A. Reich: A Commemoration of the Life and Legacy,” Touro College of Law, Jacob D. Fuchsberg Law Center, Central Islip, New York, Jan. 30, 2020, available at https://www.tourolaw.edu/AboutTouroLaw/Reich-videos

• Commentator, Yale Graduate Works in Progress Zoom Seminar, Apr. 8, 2020

Legal Activities

• Presiding Judge, National Finals, Philip Jessup International Moot Court Competition, Kyiv, Ukraine, Feb. 29, 2020

• American Society of International Law Task Force on Policy Options for U.S. Engagement with the International Criminal Court

• Counsel of Record, Amicus brief on behalf of former U.S. government officials for Yale Law School Peter Gruber Rule of Law Clinic in support of Respondents in Supreme Court DACA case, Department of Homeland Security v. Regents of the University of California (Oct. 4, 2019), available at https://law.yale.edu/sites/default/files/area/clinic/document/rolc_national_security_officials_amicus_brief.pdf described in https://www.justsecurity.org/66462/51-former-senior-national-security-of...

• Counsel for former U.S. Senators Russ Feingold & Chuck Hagel, “Presidential Impeachment Trial: What A Senator Should Know,” Dec. 5, 2019, available at https://law.yale.edu/sites/default/files/area/clinic/document/impeachmen..., described in https://law.yale.edu/yls-today/news/clinic-assists-former-us-senators-dr...

• Counsel of Record, Brief of Former U.S. Government Officials as Amici Curiae Supporting Affirmance of the District Court’s Decision, Rhode Island v. Shell Oil Products Co. LLC (No. 19-1818 1st Cir. 2019), http://blogs2.law.columbia.edu/climate-change-litigation/wp-content/uplo...

• Counsel, Brief of Former U.S. Government Officials as Amici Curiae Supporting California in United States v. California (2:19-cv-02142 E.D. Cal. 2020) (California-Quebec Cap & Trade Litigation)

• Signed Amicus brief of former Office of Legal Counsel Officials as Amici curiae in support of Respondents in Trump v. Vance (19-635 U.S. 2020)

• Counsel of Record, Brief of Amici Curiae Former National Security Officials In Support Of Respondents Trump v. Mazars & Trump v. Deutsche Bank AG (No. 19-175 and 19-760 U.S. 2020)

• Counsel, Brief of Former U.S. Government officials As Amici Curiae in Support of Plaintiffs-Appellees Cross-Appellants, El Paso County, Texas v. Trump (No. 19-17501 5th Circuit 2020)

• Counsel, Brief of Former U.S. Government officials As Amici Curiae on behalf of former U.S. diplomats in support of Baltimore in Mayor and City Council of Baltimore v. BP P.L.C., no. 24-C-18-004219 (Circuit Court Baltimore County 2020)

• Counsel for Just Security in filing Request Under the Freedom of Information Act (FOIA) seeking troop numbers in Afghanistan, Iraq, and Syria

publications

A National Security Impeachment, Just Security, Dec. 17, 2019, available at https://www.justsecurity.org/67769/a-national-security-impeachment/ (co-published with Yale Global Online, available at https://yaleglobal.yale.edu/content/national-security-impeachment)

The Arrogance of Trump’s Enablers, Op. Ed., N.Y. Times, Jan. 7, 2020, available at

https://www.nytimes.com/2020/01/07/opinion/trump-impeachment-congress.ht...

• Is Preemptive Assassination the New Trump Doctrine?, Foreign Policy, Jan. 9, 2020, available at https://foreignpolicy.com/2020/01/09/preemptive-assassination-suleimani-...

• Executive Privilege Cannot Block Bolton’s Testimony (with Rosa Hayes, Annie Himes, Dana Khabbaz & Michael Loughlin), Just Security, Jan. 27, 2020, available at https://www.justsecurity.org/68288/executive-privilege-cannot-block-bolt...

• Is the Pardon Power Unlimited (with Rosa Hayes, Dana Khabbaz, Michael Loughlin, Nicole Ng, Ayoub Ouederni & Brandon Willmore), Just Security, Feb. 28, 2020, available at https://www.justsecurity.org/68900/is-the-pardon-power-unlimited/

Why United States’ Leadership Matters in the Global Defense, Protection and Promotion of Human Rights, Foreign Service Journal, Summer 2020, available at http://www.afsa.org/foreign-service-journal

Douglas Kysar

lectures and addresses

• Yale Law School, “Climate Change and Legal Education,” 2019 Alumni Weekend presentation, Oct. 18, 2019

• Whitney Humanities Center, Yale University, “Usable Climate Science and the Uses of History,” Workshop participant, Nov. 7, 2019

• University of Denver Sturm College of Law, “False Imprisonment,” Against Cages & Carceral Logics Workshop, Nov. 21-22, 2019

• Touro College, Jacob D. Fuchsberg Law Center, “Charles A. Reich: A Commemoration of His Life and Legacy,” Conference speaker, Jan. 30, 2020

• Yale Law School, “A Better Planet: 40 Big Ideas for a Sustainable Planet,” Book Talk discussant, Feb. 5, 2020

• Yale Environmental Humanities Initiative, “Living with Owning: Property, Community, and the Zanesville, Ohio, Animal Massacre,” Feb. 12, 2019

• University of Texas at Austin Law School, “Pollution, Politics, and Power,” Book Talk discussant, Mar. 6, 2020

• Brooks Congress, The Brooks Institute, participant, Feb. 14-16, 2020

• Duke University, “Hope for a Planet in Peril” Conference, sponsored by The Henry Luce Foundation and the Keenan Institute for Ethics, Mar. 26-28, 2020

other professional highlights

• “When We Talk About Animals” podcast, guest speaking about law in the age of climate change and factory farming, Nov. 19, 2019

• “Energy Tradeoffs” podcast, guest speaking about the creative use of tort law in climate change litigation, Dec. 9, 2019

• "Protecting the Rights of Kids: Paul Rink and Doug Kysar on Climate Change Litigation,” Yale Environmental Dialogue, Dec. 16, 2019

 

John H. Langbein

public service

• Commissioner, National Conference of Commissioners on Uniform State Laws; member, drafting committee for projected uniform act on “Economic Rights of Unmarried Cohabitants"; attended meetings Dec. 6-7, 2019, in Washington, DC, and Feb. 7-8, 2020, San Francisco, CA

Yair Listokin

lectures and addresses

• “Law and Macroeconomics: Legal Remedies to Recessions,” University of Virginia School of Law; Latin American Law and Economics Association, Mexico City (Keynote Address); Universidad de Los Andes Faculty of Law; AALS Annual Meeting, University of Texas Austin

• "The Administrative Law of Central Banking,” Yale Law School Faculty Seminar

publications

Law and Macroeconomics: Legal Remedies to Recessions, Harvard University Press (2019)

Macroeconomics and the Law, 15 Annual Review of Law and Social Science 377 (2019) (with Daniel Murphy)

Law and Macro: What Took so Long?, 83 Law & Contemp. Prob. 141 (2020)

The Missing Piece from the Stimulus Package that Could Boost the Economy, CNN, Mar. 25, 2020

The Option Preserving Value of Social Distancing, The Incidental Economist, Apr. 6, 2020

Congress Must Stop Unemployment Tax Increases from Worsening Crisis, The Hill, May 12, 2020

Jonathan R. Macey

lectures and addresses

• Talk with Yale Law and Business Society, Nov. 12, 2019

• Talk with Yale Law School Federalist Society, Nov. 19, 2019

• Address to Public Meeting Sponsored by the Yale University Advisory Committee on Investor Responsibility, Dec. 9, 2020

publications

Extended Shareholder Liability for Systemically Important Financial Institutions, 69 American U. L. Rev, 967 (2020)

Comment on ‘A Stream That Rises Above Its Source': Judicial Review from a Public Choice Perspective, 26 Supreme Court Econ. Rev. 61 (2019)

• Citizens United as Bad Corporate Law, 2019 Wisconsin L. Rev. 451 (2019) (with Leo Strine)

Asking the Right Question: The Statutory Right of Appraisal and Efficient Markets, 74 Business Lawyer 1015 (2019) (with Joshua Mitts)

Behind the SEC’s War on Freedom of Speech, BNN Bloomberg Newswire/Opinion, Mar. 20, 2020, available at https://www.bnnbloomberg.ca/behind-the-sec-s-war-on-freedom-of-speech-1....

Investigation into Rebates for Brokers Much Needed, Financial Times, availableat https://www.ft.com/content/0619f7ca-32c3-11ea-a329-0bcf87a328f2, Jan. 12, 2020

other professional highlights

• Member Economic Advisory Board, Financial Industry Regulatory Authority (“FINRA”)

• Chair, Yale University Advisory Committee on Investor Responsibility (ACIR)

• Chair, Yale Faculty Committee on Athletics

Daniel Markovits

lectures and addresses

• "The Meritocracy Trap," Wisconsin Book Festival

• "The Price of Meritocracy: Debt, Wealth, and Higher Education Today," Institute for Public Knowledge, New York University

• Conversation with Bryan Garsten, Yale Humanities Program

• "The Meritocracy Trap," Inaugural Grand Conférence CEDIDAC, University of Lausanne

• "The Philosophy of Promising" Keynote: Challenges of Global Private Law, EUI Florence

• "The Meritocracy Trap" Book Launch, Max Weber Programme, EUI Florence

• "The Meritocracy Trap," Convening Yale, Yale School of Organization and Management

• "The Meritocracy Trap," Yale Law School Alumni Assocition of New York

• "Rethinking Remedies in Private Law," Wharton Legal Studies and Business Ethics Seminar

• "The Meritocracy Trap," Association of Professional Responsibility Lawyers, Mid-Year Meeting, Austin, TX

• "The Meritocracy Trap," Inaugural Neil Proto Law and Social Justice Lecture, Southern Connecticut State University

• "Meritocracy and its Discontents," A Conversation with Glenn Loury, Wellesley College

media appearances

• CNN Special Reports with Fareed Zakaria, Oct. 20, 2019, https://f.io/5OrSWfQs

• Smerconish, CNN, 7 Sept. 2019, http://www.cnn.com/video/data/2.0/video/tv/2019/09/07/how-the-meritocrac...

• Fareed Zakaria book of the week, Oct. 6, 2019, https://www.cnn.com/2017/01/27/world/book-week-zakaria/index.html

• BookTV, C-SPAN, https://www.c-span.org/video/?464286-1/the-meritocracy-trap

• The Damage Report with John Iadarola, The Young Turks

• CNBC, Closing Bell, Dec. 27, 2019

• PBS, Amanpour & Co., Mar. 6, 2020

• Ezra Klein Podcast, Vox, https://www.stitcher.com/podcast/vox/the-ezra-klein-show/e/64086855

• Innovation Hub Podcast, WGBH, http://blogs.wgbh.org/innovation-hub/2019/9/20/how-meritocracy-damaging-...

• Sirius XM Radio, Michael Smerconish show, http://bit.ly/2kJzG1p

• Slate Money, Sept. 14, 2019, https://slate.com/podcasts/slate-money/2019/09/slate-money-on-meritocrac...

• Prospect Podcast, https://www.prospectmagazine.co.uk/other/the-prospect-podcast-111-merito...

• The Spectator Podcast, https://blogs.spectator.co.uk/2019/11/spectator-books-is-meritocracy-a-t...

 

 

• Sirius XM Radio, Michael Smerconish show, Oct. 2, 2019, https://www.siriusxm.com/clips/clip/a9914a41-78d6-4402-8150-b8f14a44945b...

• Slate Political Gabfest, https://slate.com/podcasts/political-gabfest/2019/10/trumps-haphazard-sy...

• Radio New Zealand, https://www.rnz.co.nz/national/programmes/afternoons/audio/2018718002/ca...

• WGN Radio, Getting to Yes, https://wgnradio.com/2019/10/15/getting-to-yes-and-daniel-markovits-yale...

• Wonderly, The Next Big Idea Podcast, https://www.stitcher.com/podcast/wondery/the-next-big-idea/e/66057398; https://podcasts.apple.com/us/podcast/success-the-dirty-secret-of-gettin...

• Bob Zadek show, Nov. 24, 2019

• Wisconsin Public Radio, Jan. 22, 2020, https://www.wpr.org/shows/yale-law-professors-book-debunks-meritocracy

BBC World Service NewsHour, Sept. 15 2019

Slate Business Podcast, Spring 2020

publications

Contracts: Law, Theory, and Practice (Foundation Press, 2018) (with Gabriel Rauterberg)

Plural Values in Contract Law: Theory and Implementation, Theoretical Inquiries in Law (with Alan Schwartz) (Symposium Issue on Hanoch Dagan and Michael Heller, The Choice Theory of Contracts)

Tracey L. Meares

lectures and addresses

• Culp Colloquium, Senior Scholar Presentation, "Synthesizing Narratives of Policing and Making a Case for Policing as a Public Good,” Duke University School of Law, May 2019

• Speaker, Amicus Briefs, Yale Law S

chool Alumni Weekend, Oct. 2019

• Lecture, Boston University School of Law, "Protect and Serve: Dialogues of Abolition?”

• Lecture, Public Humanities at Yale, New Haven Free Public, “Abolition of Policing? Recovering Policing as a Public Good,” Mar. 2020

• Criminal Justice Workshop, Host, Yale Law School, Apr. 2019

• Inaugural Social Media Governance Initiative Workshop, The Justice Collaboratory, Yale Law School, May 2019

• Law and Society Association Annual Meeting, D.C., Chair, Voice and Justice from the Ground Up, June 2019

• Moderator, “Approaching Police Violence: A Writers’ Conversation,” New Haven Public Library, Windham Campbell Prizes Festival, Sept. 2019

• Political Violence and its Legacies Workshop, Yale University, “To Protect and Serve: Voices from the Portals Policing Project,” Jan. 2020

• Social Media Governance Initiative Workshop: “Promoting Pro-Social Behavior on Social Media Platforms, The Justice Collaboratory, Yale Law School, Jan. 2020

publications

Reconciling Police and Communities with Apologies, Acknowledgements, or Both: A Controlled Experiment (Thomas O’Brien & Tom Tyler), The Annals of the American Academy of Political and Social Science, Volume 687, Issue 1

Building Popular Legitimacy with Reconciliatory Gestures and Participation: A Community-level Model of Authority (with Thomas O’Brien & Tom Tyler), Regulation and Governance (2019)

Synthesizing Narratives of Policing and Making a Case for Policing as a Public Good 63 St. Louis U. L. Rev. 553 (2019)

Social Media Governance: Can social media companies motivate voluntary rule following behavior among their users? (with Tom Tyler, Matt Katsaros & Sudhir Venkatesh), Journal of Experimental Criminology (2019)

Comprehensive Criminal Procedure (Aspen Casebook Series) 5th Edition with Ronald Jay Allen, Joseph L. Hoffmann, Debra A. Livingston & Andrew D. Leipold (2020)

Criminal Procedure: Adjudication and the Right to Counsel (Aspen Casebook) 3rd Edition with Ronald J. Allen, Joseph L. Hoffmann, Debra A. Livingston & Andrew D. Leipold (2020)

media interviews

• Participant, “Shift Change: Community Policing in New Haven,” by Steve Hamm, Director, June 2019

• Video chat, “Guns & America,” with Reporting Fellows at WAMU 88.5 American University Radio and NPR (July 2019)

• Podcast: Public Radio International and WNYC with guest-host Duarte Geraldino, "The Takeaway," re: policing amidst lax gun laws, and policing and guns in urban communities, Mar. 2020

other professional highlights

• Elected to the American Academy of Arts and Sciences

• Nextdoor Neighborhood Vitality Advisory Board

• Selected as a Phi Beta Kappa Society Visiting Scholar (2020 – 2022)

John D. Morley

publication

Why Law Firms Collapse, 75 Bus. Law. 1399 (2020)

Samuel Moyn

lectures and addresses

• “A History of Duties for an Age of Rights,” Annual Page-Barbour Lectures, University of Virginia

• "Humane War: Origins of an American Syndrome," Boston College and Rutgers University-Camden Law School

• “Not Enough: Human Rights in an Unequal World,” University of Pennsylvania

• “Leo Tolstoy’s Critique of the Law of War,” Oxford University keynote

publications

Preface, in Leonard Taylor, Catholic Cosmopolitanism and Human Rights (Cambridge: Cambridge University Press, 2020)

From Aggression to Atrocity: Rethinking the History of International Criminal Law, in Kevin Jon Heller et al. eds., Oxford Handbook of International Criminal Law (Oxford: Oxford University Press, 2020)

Author’s Response (to essays on Not Enough), On Labor 17, 1 (Mar. 2020): 123-27

On Human Rights and Majority Politics: Felix Frankfurter’s Democratic Theory, Vanderbilt J. Transnational L. 52, 5 (Nov. 2019): 1135-65

La candidature de Sanders ouvre la voie à une extraordinaire transformation, Le Monde, Mar. 2, 2020

• The Road to Hell, American Affairs, Spring 2020

The Trump Era Is a Golden Age of Conspiracy Theory (with Nicolas Guilhot), The Guardian, Feb. 13, 2020

Imperial Graveyard, London Review of Books, Jan. 27, 2020

The Court Is Not Your Friend, Dissent, Winter 2020

• The Infinity War (with Stephen Wertheim), Wash. Post (Outlook Cover), Dec. 15, 2019

I danni collaterali della guerra più umana di sempre, Il Foglio, Nov. 19, 2019

Rawls and Theodicy, Commonweal, Dec. 2019

Douglas Nejaime

lectures and addresses

• Roy R. Ray Lecture, SMU Dedman School of Law, "The Constitution of the Family," Jan. 2020

• Inaugural Anne Urowsky Lecture, Yale Law School, "The Constitution of Parenthood," Oct. 2019

publication

The Constitution of Parenthood, 72 Stanford L. Rev. 261 (2020)

other professional highlights

• Connecticut Parentage Act (attempting to pass legislation reforming parentage law in line with the Uniform Parentage Act of 2017) (successful public hearing on Raised Bill No. 5178, but legislative session suspended)

Nicholas R. Parrillo

lectures and addresses

• “Administrative Regulatory Power and the Federal Tax on Private Real Estate in the 1790s,” Harvard Public Law Workshop, Mar. 4, 2020

• Panelist, “How Easily Can Agencies Change Regulatory Policy in Immigration & Civil Rights?,” Association of American Law Schools, Washington, D.C, Jan. 5, 2020

• Panelist, “Lessons from the Life of Administrative Law: What Experience Teaches About How the APA Can Be Improved,” Summit on Modernizing the Administrative Procedure Act, U.S. Department of Justice, Washington, DC

• Chair, “Law, Equity, and Accountability in the Early Republic,” American Society for Legal History, Boston, MA, Nov. 23, 2019

• Commentator, Roundtable on Jed Stiglitz’s The Reasoning State, Cornell Law School, Nov. 8, 2019

• Commentator, Roundtable on Bureaucracy and Presidential Administration, Antonin Scalia Law School, George Mason University, Sept. 24, 2019

publications

Administrative Law: The American Public Law System: Cases and Materials, 8th ed. (St. Paul, MN: West, 2019) (with Mariano-Florentino Cuéllar, M. Elizabeth Magill, Jerry L. Mashaw, Richard A. Merrill & Peter M. Shane)

 

Robert C. Post

lectures and addresses

• Spoke on "Campaign Finance Reform and the Constitution" at the Branford Forum, Branford, CT, Nov. 3, 2019

• Spoke on "The Logic of the Abrams Dissent," at a conference at Columbia Law School on Abrams at 100, Nov. 8, 2019

• Spoke on "Citizen United: 10 Years Later, "a discussion hosted by Congressman Jim Himes at the UConn Stamford Campus, Jan. 21, 2020

• Spoke on “Substantive Due Process in the Taft Court Era,” at the Legal History Colloquium at NYU Law School, Feb. 10, 2020

• Spoke on "The Madness of King George" at the New York Historical Society, Feb. 21, 2020

• Spoke on "Power, Politics, and Madness" at the New York Historical Society, Feb. 22, 2020

• Spoke at the USC Center for Law, History and Culture on “Constitutional Review of Social and Economic Regulation in the 1920s,” in Los Angeles, CA, Mar. 4, 2020

 

Claire Priest

lectures and addresses

• "Credit Nation: A History of Property Laws and Institutions in Early America," Northwestern Law School and American Bar Foundation, Legal History Colloquium, Chicago, Oct. 9, 2019

• Chair and Commentator, Panel on Unsettling Legal Histories of the Modern Business Corporation, American Society for Legal History Annual Conference, Boston, MA, Nov. 23, 2019

publication

Credit Nation: Property Laws and Institutions in Early America (Princeton University Press, forthcoming)

other professional highlights

• Oscar M. Ruebhausen Grant to Study Peru’s Property Reform Movement to Grant Formal Title to Communities Living Informally on Land, 1990-2020

W. Michael Reisman

lectures and addresses

• Delivered the Eighth Shabtai Rosenne Memorial Lecture entitled “On the Multiplicity of Parallel Procedures in International Law,” Dec. 5, 2019, American Society of International Law (ASIL), Tillar House, Washington, DC

publications

In Memoriam: Prosper Weil (1926-2018) in 113 ASIL Proceedings pp. 401-402 (2019)

Judith Resnik

lectures and addresses

• Speaker (with Jonathan Petkun): “Judging: Managerial or Not,” Federal Judicial Center Workshop for Judges of the Seventh Circuit, Springfield, IL, Oct. 21, 2019

• Co-moderator, The Liman Center at Yale Law School and the Fair and Just Prosecution Project, A Dialogue on Criminal Justice Reforms, Yale Law School, Oct. 24, 2019

• Pound Civil Justice Institute and Lewis & Clark conference, Class Actions and MDLs: The Next 50 Years, Portland, OR, Nov. 1-2, 2019, Moderator: Social Justice Class Actions, Nov. 1, 2019, Presenter (paper with Stephanie Garlock and Annie Wang): “Collective Preclusions and Inaccessible Arbitration: Data, Non-Disclosure, and Public Knowledge,” Nov. 2, 2019, Commentator: Roundtable Mass Tort: Endgame, Nov. 2, 2020

• Speaker: “The Invention and the Fragility of Democratic Courts,” Appellate Lawyers Association, Chicago, IL, Nov. 7, 2019

• Panelist: Solitary panel, American Constitution Society, Chicago-Kent College of Law, Chicago, IL, Nov. 7. 2020

• Presenter: “Solitary Confinement’s (L)aw-ful(l)-ness: Confusing Typicality with Constitutionality,” (based on paper co-authored with Hirsa Amin, Sophie Angelis, Megan Hauptman, Laura Kokotailo, Aseem Mehta, Madeline Silva, Tor Tarantola & Meredith Wheeler), Northwestern University Law Review Symposium, “Rethinking Solitary Confinement,” Chicago, IL, Nov. 8, 2019

• Speaker (with Alexandra Harrington): “Responding to ‘Gender-Responsive:’ Legislative Regulation, and the Gaps,” Association for Justice-Involved Females and Organizations 2019 Conference, Atlanta, GA, Dec. 9, 2019

• Presenter: “Representing What? Descriptive Discrimination, Gender, Race, Class, and the Metrics of Courts’ Legitimacy in the United States,” Courts and Diversity Workshop, co-sponsored by College of Law and Business and ICourts (the Danish National Research Foundation Centre of Excellence for International Courts), Ramat Gan, Israel, Jan. 6, 2020

• Presenter: Grievous Loss and Well-Being: Reflections on Charles Reich, Touro Law Center, Central Islip, NY, Jan. 30, 2020

• Keynote Speaker: “Complex Remedies in a Complicated Narrative: Precluding Remedial Possibilities, Alternative Venues for Collective Action, and Revisiting Remedial Structures to Respond to a Lack of Homogeneity,” Texas Law Review Symposium, “Remedies in Complex Litigation,” Austin, TX, Jan. 31, 2020

• Panelist: “Identities, Themes and Questions,” at Visible/Invisible: Framing and Reframing Gender, Race, and Intersectionality, Women Faculty Forum, Yale University, Feb. 7, 2020

• Faculty workshop presenter: “Collective Preclusion and Inaccessible Arbitration: Data, Non-Disclosure, and Public Knowledge,” University of California, Irvine School of Law faculty workshop, Irvine, CA, Feb. 12, 2020

• Presenter (via Zoom): “Representing and Presenting Justice: How the Iconographic History Reflects Changing Aspirations for and Concerns about Courts,” Panthéon Assas University, Paris, France, Mar. 11, 2020

publications

Courts and Economic and Social Rights/Courts as Economic and Social Rights, in The Future of Economic and Social Rights (Katharine G. Young, ed., Cambridge University Press, 2019)

• Book Review: "The Challenges of Engaging The Art of Law," artistic representations and iconography of law and justice in context, from the middle ages to the first world war), 7 Comparative Legal History 239 (2019)

Inability to Pay: Court Debt Circa 2020 (with David Marcus), 98 North Carolina L. Rev. 361 (2020)

Not Isolating Isolation, in Solitary Confinement: Effects, Practices, and Pathways toward Reform 89-116 (Jules Lobel and Peter Scharff Smith eds., Oxford University Press, 2020)

(Un)Constitutional Punishments: Eighth Amendment Silos, Penological Purposes, and People’s 'Ruin,/ 129 Yale L.J. Forum 365 (2020)

Constituting Security and Fairness: Reflecting on Charles Reich’s Imagination and Impact, 129 Yale L.J. Forum 707 (2020)

• Edited republication of Dependent Sovereigns: Indian Tribes, States, and the Federal Courts, in Reading American Indian Law: Foundational Principles (Grant Christensen & Melissa L. Tatum eds,, Cambridge University Press, 2020)

other professional highlights

• Fellow, Whitney Humanities Center, Yale University, appointed for 2020-2021

• Honorary Visiting Professor, University College London, Faculty of Law, reappointed

• Chair, Section of Law and Humanities, American Association of Law School, 2020

• Member, Task Force on Federal Judicial Selection, Project on Government Oversight of The Constitution Project, 2019

• Brief of Amici Curiae, Scholars of the Law of Prisons, the Constitution, and the Federal Courts in Support of the Appellants and in Support of Reversing the Dismissal of the Fourth Amendment Claim, Delores Henry, et al., v. Melody Hulett, et al., No. 16-4234, U.S. Supreme Court, filed Feb. 11, 2020

Cristina Rodriguez

lectures and addresses

• America’s Immigration Dilemma, MIT Center for International Studies Starr Forum, Cambridge, MA, Nov. 2019

• "The President, Immigration Law, and the Politics of Constitutional Structure," President’s Constitution Day Colloquium, Smith College, North Hampton, MA, Sept. 2019

• Commentator on Sam Erman’s Almost Citizens, American Society for Legal History, Boston, MA, Nov. 2019

publication

Trump’s COVID-19 Immigration Proclamation May be Legal, but It’s Still an Abuse of Power, Just Security, Apr. 30, 2020 (with A. Cox)

other professional highlights

• Recipient of 2020 Yale Law Women Excellence in Teaching Award

• Elected to American Academy of Arts and Sciences

Carol M. Rose

lectures and addresses

• Presented “Rations and Takings, Symposium on Rationing the Constitution: How Judicial Capacity Shapes the Constitution,” University of Wisconsin Law School, Oct. 24, 2019

• Presented “Thinking About the Commons,” Faculty Enrichment workshop series, University of Arizona Rogers College of Law, Tucson, AZ, Oct. 30, 2019

• Presented “Turning Private Covenants into Constitutional Law: Shelley’s Paths Not Taken,” Colloquium on Contracts and Constitutions, New York University Law School, Jan. 30, 2020

• Presented “Property’s Relation to Human Rights,” Seminar on Philosophical Foundations of Private Law, University of Arizona Department of Philosophy, Tucson, AZ, Feb. 13, 2020

publication

Cold Corpses, Hot News, and Dead IP: The Reasons and Consequences of a Legal Status of No-Property, Institute for Intellectual Property and Information Law Symposium, 57 Houston L. Rev. 377 (2019)

Susan Rose-Ackerman

publication

• ’Slash and Burn’ in the U.S. Congress and the Trump Administration: Permanent Damage or Short-Term Setback?, Revue française d’administration publique, no. 170 (2019), pp. 421-431

other professional highlights

• Member, High-Level Panel on Financial Accountability, Transparency, and Integrity, convened by the UN General Assembly and the Economic and Social Council

 

Reva Siegel

lectures and addresses

• “Interpreting the ERA in the Twenty-First Century,” A New Era for the Equal Rights Amendment—Legal Convention, University of Richmond School of Law, Oct. 26, 2019

• “Blessed Be the Fruit: Threats to Reproductive Rights in 2019,” book talk on Reproductive Rights and Justice Stories with co-editors Melissa Murray and Kate Shaw and Rebecca Traister, Brennan Center, New York University School of Law, Nov. 14, 2019, available as Strict Scrutiny Podcast, https://podcasts.apple.com/us/podcast/reproductive-rights-justice-storie...

• “Reimagining Motherhood When the Nineteenth Amendment Was Fifty: The Strike for Equality, Aug. 26, 1970,” Sex and Motherhood Reimagined. American Society for Legal History Annual Meeting, Boston, MA. Nov. 22, 2019

• “The Nineteenth Amendment and the Democratization of the Family,” Program on the Nineteenth Amendment’s Centennial. Constitutional Law and Election Law Joint Program Co-Sponsored by Legal History, American Association of Law Schools Annual Meeting, Washington, DC, Jan. 2, 2020

• “Reproductive Rights and Justice in Law and Politics,” book talk on Reproductive Rights and Justice Stories with co-editors and contributors Melissa Murray, Kate Shaw, and Maya Manian, American Association of Law Schools Annual Meeting, Washington, DC, Jan. 4, 2020

• “How the Evolving Law of Pregnancy Discrimination Illustrates the Dynamics of Legislative Constitutionalism,” Legislation Section Panel. American Association of Law Schools Annual Meeting, Washington, DC, Jan. 4, 2020

• Book talk on Reproductive Rights and Justice Stories with co-editors and contributors Melissa Murray, Kate Shaw, Linda Greenhouse, and Douglas NeJaime, moderated by Emily Bazelon, Yale Law School, Jan. 22, 2020

• Moderator. Panel on Contemporary Perspectives on Citizenship and Equality, “That Important Trust” Suffrage and Citizenship 100 Years after the Nineteenth Amendment, Birnbaum Women’s Leadership Network. NYU Law School, Feb. 5, 2020

• “Social Mobilization Perspectives on the Development of Second Amendment Law,” Law, Policy, and Guns. Yale Law School, Feb. 19, 2020

• “Reproductive Rights & Justice Stories: From Roe v. Wade to Young v. UPS,” discussion of Reproductive Rights and Justice Stories with co-editors and contributors Melissa Murray, Kate Shaw, Linda Greenhouse, and Maya Manian, with Jallicia Jolly moderating and Loretta Ross commenting. Five College Reproductive Health Rights and Justice Certificate, University of Mass., Amherst, Feb. 27, 2020

• Presented manuscript of “The Pregnant Citizen, from Suffrage to the Present,” Faculty Workshop, USC Gould School of Law, Mar. 5. 2020

• Keynote: “Public Memory, the Nineteenth Amendment, and the Democratization of the Family,” Ira. C. Rothgerber Jr. Conference, Women’s Enfranchisement: Beyond the 19th Amendment, University of Colorado Law, Boulder, CO, Apr. 3, 2020

other professional highlights

• Advised National Constitution Center on script for its Nineteenth Amendment centennial exhibition.

publications

The Pregnant Citizen, from Suffrage to the Present, Geo. L.J. 19th Amendment Special Edition (2020)

The Nineteenth Amendment and the Democratic Reconstruction of the Family: Recovering a Constitutional Tradition, 129 Yale L.J.F.. 450 (2020)

Tom R. Tyler

publications

• Granot, Y. & Tyler, T.R. (2019). Adolescent cognition and procedural justice, Personality and Social Psychology Compass, 13, Online: e12503

• O’Brien, T. & Tyler, T.R. (2019), Rebuilding trust between police & communities through procedural justice & reconciliation, Behavioral Sciences and Policy, 5(1), 35-50

• O’Brien, T. & Tyler, T.R. (2020), Authorities and communities: Can authorities shape cooperation with communities on a group level, Psychology, Public Policy and Law, 26(1), 69-87

• Meares, T., O’Brien, T. & Tyler, T.R. (2020), Reconciling police and communities with apologies, acknowledgements, or both, Annals of the American Academy of Political and Social Science, 687, 202-215

• Tyler, T.R. (Oct. 11, 2019), Symbolic issues in law, Political Science/Psychology, UCLA, Los Angeles

• Tyler, T.R. (Oct. 25, 2019), Police use of force: moving beyond the law, Boston University Law School, Boston: MA

• Tyler, T.R. (Nov. 11, 2019), Repurposing American policing, Hoffinger Lecture. NYU. NY, NY

James Q. Whitman

lectures and addresses

• "Hitler's American Model,” Fordham Law School

• “From Masters of Slaves to Lords of Lands,” University of Michigan Law School

• “The Justice of Enslavement,” William and Mary Law School

• “Hitler's American Model,” Johns Hopkins University

publication

Nietzsche in the Magisterial Tradition of German Classical Philology, New Nietzsche Studies, Vol. 10, Nos. 3 and 4 (Fall 2017/Winter 2018), pp. 153–168 (Reprint of article first published in 1986)

Michael J. Wishnie

lectures and addresses

• “Veterans’ Class Actions,” 2019 Military & Veterans Summit, California Lawyers Assoc., San Francisco, CA, Dec. 2019

other professional highlights

NAACP v. Bureau of the Census, 945 F.3d 183 (4th Cir. 2019) (reversing dismissal of constitutional challenge to conduct of 2020 Census)

Skaar v. Wilkie, 32 Vet.App. 156 (2019) (en banc) (certifying first class of veterans appealing denial of disability benefits in history of Veterans Court, for service members involved in 1966 clean-up of plutonium spill in Palomares, Spain)

Monk v. Wilkie, 32 Vet.App. 87 (2019) (en banc) (holding Veterans Court retained jurisdiction to determine individual mandamus petitions despite pendency of appeal of denial of motion for class certification and dismissing or denying individual petitions), notice of appeal pending.

Savino v. Souza, --- F.Supp.3d ---, 2020 WL 1703844 (D.Mass. Apr. 8, 2020) (certifying class of all immigration detainees held at Bristol County jail and explaining reasoning to admit more than 40 individuals to bail pending adjudication of underlying habeas petition)

Perez v. Souza, 2020 WL 151406 (D.Mass. Mar. 30, 2020) (granting habeas petition of immigration detainee and ordering bond hearing before Immigration Judge)

Campbell v. Moniz, 2020 WL 1953611 (D.Mass. Apr. 23, 2020) (granting habeas petition of immigration detainee and ordering bond hearing before Immigration Judge)

Lemonious v. Streeter, No. 3:19-cv-30038 (D.Mass. Feb. 14, 2020) (granting habeas petition of immigration detainee and ordering bond hearing before Immigration Judge)

Manker v. Spencer, 2019 WL 5846828 (D.Conn. Nov. 7, 2019) (denying motion to dismiss nation-wide class action of Navy and Marine Corps veterans with PTSD, TBI, or other mental health conditions separated since 2001 with less-than-full-honorable discharge and granting Plaintiffs’ request for discovery in APA action)

Terwilliger v. Cook, No. 3:20-cv-540-SRU (D.Conn. filed Apr. 21, 2020) (federal habeas petition for release of 80-year-old disabled veteran nearing completion of 20-year sentence, in light of COVID-19 outbreak; client voluntarily released to halfway house three days later)

• Appointed to Legal Services Corporation, Veterans Task Force (2020)

John Fabian Witt

lectures and addresses

• “Tort as Private Administration,” American Bar Foundation Research Seminar, Chicago, IL, Oct. 23, 2019

• “James Weldon Johnson’s Radical Philanthropy,” Chicago/Northwestern Legal History Workshop, Oct. 23, 2019

• “Social Histories of the Twentieth-Century Constitution” (with Jamal Greene), New York Historical Society, Nov. 1, 2019

• “Is the Law on Your Side?,” Yale Global Executive Leadership Program, Yale SOM, Dec. 11, 2019

• "Formalism and Realism,” Yale Law School Foundations of Legal Thought Series, Jan. 15, 2020

• “Garland’s Million: The Radical Experiment to Save American Democracy,” NYU Legal History, Jan. 27, 2020

• “Tort as Private Administration,” Yale Law School Center for Private Law, Feb. 11, 2020 (with Nathaniel Donahue)

• The Radical Roots of Brown v. Board, Yale Law School Faculty Workshop, Zoom, Mar. 31, 2020

publications

The Law of Salus Populi, Yale Rev., Mar. 30, 2020

Supremely Divided: How the Republican Party Took Over the Supreme Court, The New Republic, Apr. 2020

Inventing the War Crime: An Internal Theory, 60 Va. J. Int'l L. 52 (2020) (with Jessica Laird)

The Fourteenth Amendment as an Ending, 10 Journal of the Civil War Era 5 (2020) (with Lisset Pino)

other professional highlights

• Brief of Legal Historians as Amici Curiae in Support of Respondent, Department of Homeland Security v. Thuraissigiam, U.S. Supreme Court, No. 19-161, Jan. 2020

• "Public Memory and the Age of Trump," a Conversation with Journalist Adam Serwer of The Atlantic, Oct. 21, 2019, Davenport College at Yale

• "The Meritocracy Trap," a Conversation with Professor Daniel Markovits, Nov. 4, 2019, Davenport College at Yale

• "Opioids in Appalachia," a Conversation with Filmmaker Elaine McMillion Sheldon, Thursday, Nov. 7, Davenport College at Yale

• "My Journey to the Majors," a Conversation with George Lombard of the Los Angeles Dodgers, Jan. 16, 2020, Davenport College at Yale

• "The National Maternal Mortality Crisis," a Conversation with Professor Katherine Campbell, Mar. 4, 2020, Davenport College at Yale