2019 Session Materials - Annual Meeting

Arc of Career

Responding to the Call for a New Social Structure: Academia, Advocacy, Direct Action, and Attrition

Mae C. Quinn, University of Florida Fredric G. Levin College of Law
Paper:  “Post-Ferguson” Social Engineering: Problem-Solving Justice or Just Posturing 
Paper:  Missouri *@!!?*@! – Too Slow 
Paper:  Chaining Kids to the Ever Turning Wheel: Other Contemporary Costs of Juvenile Court Involvement 
Paper:  Against Professing: Practicing Critical Criminal Procedure 

What to Make of Student Evaluations

Emily Grant, Washburn University School of Law
Paper:  Intersectional Barriers to Tenure 
Paper: Deo, Meera E., A Better Tenure Battle: Fighting Bias in Teaching Evaluations (November 1, 2015). Columbia Journal of Gender and Law, Vol. 31, No. 1, 2015. Access at SSRN
Paper: Merritt, Deborah Jones, Bias, the Brain, and Student Evaluations of Teaching (January 2007). Ohio State Public Law Working Paper No. 87. Access at SSRN

Discussion Groups

Bridging the Divisions with Professional Identity Learning Outcomes that Encourage Cultural Competency in the Profession

Debra Moss Vollweiler, Nova Southeastern University Shepard Broad College of Law
Handout:  Circling the Square: Fresh Partnerships to Understand Student Learning and Bar Performance through Empirical Studies

Building Bridges Across Curricular and Status Lines: Gender Inequity throughout the Legal Academy

Mary Lynch, Albany Law School
Paper:  Addressing Social Loafing on Faculty Committees

Building Bridges Between Theory and Practice: Incorporating Lawyering Skills into Doctrinal Courses

Claire Robinson May, Cleveland-Marshall College of Law at Cleveland State University
 Participant Biographies

Hot Topics

Partisan Conflict and the Legitimacy of the Supreme Court

David Orentlicher, University of Nevada, Las Vegas, William S. Boyd School of Law
Paper:  Supreme Court Reform: Desirable— and Constitutionally Required

Sexual Harassment & Violence Narratives: #MeToo, the Kavanaugh Allegations & Title IX Guidance

Nancy Cantalupo, Barry University Dwayne O. Andreas School of Law
Handout: Title IX NPRM Comment Period: How Law Professors Can Get Involved

Tara Richards, University of Nebraska, Omaha
Handout: Campus Sexual Harassment
Handout:  Overview of DARVO

Open Source Program

Energy Justice and the Green Energy Transition

Elizabeth Kronk Warner, University of Kansas School of Law
Paper:  Energy Justice: Frameworks for Energy Law and Policy

Teaching About State Attorneys General

Amy Tenney Curren, National Attorneys General Training & Research Institute, National Association of Attorneys General

Sections on Academic Support and Empirical Study of Legal Education and the Legal Profession Joint Program

Circling the Square: Fresh Partnerships to Understand Student Learning and Bar Performance through Empirical Studies

Battling Biases: How Can Diverse Students Overcome Bias on Multistate Bar Exams
Christina Chong, University of California, Irvine School of Law
Presentation: Battling Biases
Handout: Battling Biases
Handout: Student Samples

Data Analysis, Bar Performance, and Individual Student Intervention
Michael Barry, St. Mary’s University School of Law
Handout: 10 Questions / Steps to Consider in Developing a Data Analytics Program

Fostering Growth Mindset through UW Resilience Lab
Melissa Berry, University of Washington School of Law
Self-Compassion Scale
Grit Quiz Key

Identifying Risk and Plus Factors from Admission Through Bar Study
Andrea Curcio, Georgia State University College of Law
Paper:  Bar Exam Risk and Plus Factors From Admissions Through the Bar Exam Study Period

The Elephant in the Room: Removing Stigma from Mandatory Academic Support Counseling and Courses
Joni Wiredu, Director of Academic Excellence, American University, Washington College of Law


Section on Administrative Law

New Voices in Administrative Law

Ilan Wurman, Arizona State University Sandra Day O’Connor College of Law
Paper:  The Specification Power

Section on Associate Deans for Academic Affairs and Research

Essential Skills: Leadership, Project Management, Communication, and Integrity

Larry Cunningham, St. John’s University School of Law
Presentation: Taming the Associate Dean’s Email Beast

Section on Constitutional Law

100 Years of Incitement

Paul BaierLouisiana State University, Paul M. Hebert Law Center
Script:  “Father Chief Justice” Act III: At Home.
Script:  “An Evening with Justice Holmes”  A Play by Paul R. Baier, Social Law Library, Boston (Louisiana Bar Foundation, 2012).
Paper:  Paul R. Baier, One Hundred and One Years of Incitement, Constitutional Law Section, Jan. 6, 2019.

Ian Turner, Ph.D., Reader in Human Rights and Security and Scholar on the International Law Implications of U.S. Incitement Jurisprudence in the War on Terror, University of Central Lancashire Lancashire Law School
Presentation:  Encouraging Terrorism in the UK and USA: A Third Way for Limiting Free Speech?

18th Amendment Centennial: The Past, Present and Future of Prohibition

Ned Hémard, New Orleans Bar Association
Article: Prohibition in New Orleans

Section on Contracts
Co-Sponsored by Business Associations and International Human Rights

Protecting Human Rights in Supply Chains: Moving from Policy to Action

Jennifer S. Martin, St. Thomas University School of Law
Report:  Human Rights Protections in International Supply Chains—Protecting Workers and Managing Company Risk
Report:  Business Lawyers Are in a Unique Position to Help Their Clients Identify Supply-Chain Risks Involving Labor Trafficking and Child Labor

Section on Criminal Justice

Federal and State Comity in the Enforcement of Criminal Laws

Gabriel “Jack” Chin, University of California, Davis, School of Law
Paper:  Controlling the Criminal Justice System: Colorado as a Case Study

Section on Dean, for the Law School

Law Schools and the New Accountability Paradigm

Leonard M. Baynes, University of Houston Law Center

Section on Defamation and Privacy
Co-Sponsored by Jurisprudence, Mass Communication Law, and Torts and Compensation Systems

Substantive Issues in Privacy and Defamation in the Internet Age: Prospects for Civil Recovery

Robert PostYale Law School
Paper:  Data Privacy and Dignitary Privacy: Google Spain, the Right To Be Forgotten, and the Construction of the Public Sphere

Section on East Asian Law and Society

Established Scholars and New Voices Meet

Lucian Dervan, Belmont University College of Law
Presentation: Bargained Justice: A Comparative Analysis of Plea Bargaining

Section on Employment Discrimination Law
Co-Sponsored by Labor Relations and Employment Law and Internet Computer Law

Automatic Discrimination: Algorithms, Big Data, and the Law of Employment Decisions

Ifeoma Ajunwa, Cornell University ILR School
Paper: Algorithms At Work: Productivity Monitoring Applications And Wearable Technology As The New Data-Centric Research Agenda For Employment And Labor Law
Paper: Age Discrimination by Platforms
Paper: Platforms at Work: Automated Hiring Platforms and Other New Intermediaries in the Organization of Work
Paper: Genetic Data and Civil Rights

Section on European Law

Works-in-Progress Panel (in conjunction with ELFA)

Kristen Barnes, University of Akron School of Law
Paper:  Reframing Spain: International Public and Private Law Configurations of Housing for Protecting Borrowers, Dwellers, and the Homeless

Paul Linden-Retek, Emile Noël Global Fellow, New York University School of Law
Paper:  History, System, Principle, Analogy: Four Imaginaries of Legitimacy in European Law

John Morijn, New York University School of Law
Paper:  Responding to Populist Politics at EU Level: Regulation 2018/673 and Beyond

Soraya Rodríguez Losada, Lecturer, University of Vigo
Paper:  In Pursuit of Fair Taxation of Digital Economy

Section on Family & Juvenile Law

Alternative Approaches to Teaching Family Law

Andrea S. Charlow, Drake University Law School
Exercises:  You Be the Judge: Teaching Skills in a Large Substantive Family Law Class
Exercise: Child Custody Example

Nancy E. Dowd, University of Florida Fredric G. Levin College of Law
Presentation:  A Dynamic and Effective Way to Teach Domestic Violence
Handout:  DV Problem Facts
Handout:  Logistics of Doing the Domestic Violence Problem
Handout:  Additional Materials/Readings for the Domestic Violence Problem

Jessica Dixon Weaver, Southern Methodist University, Dedman School of Law
Presentation:  Uncovering Race in Family Law

Janet M. Heppard, University of Houston Law Center
Syllabus:  Domestic Violence Law Sample
Syllabus:  Immigration and Family Law Sample

Kaiponanea Matsumura, Arizona State University Sandra Day O’Connor College of Law
Presentation:  Prompting Student Engagement in Large Classes

Section on Family and Juvenile Law
Co-Sponsored by Children and the Law and Sexual Orientation and Gender Identity Issues

Parents’ and Children’s Rights in a Post-Obergefell World

Gregg Strauss, University of Virginia School of Law Presentation:  What Role Remains for De Facto Parenthood?

Section on Federal Courts

Teaching the Federal Courts Class

Judith Resnik, Yale Law School
Syllabus:  Federal and State Courts in a Federal System, 2017
Report:  Who Pays? Fines, Fees, Bail, and the Cost of Courts
Table of Contents:  Representing Justice
Paper:  Revising Our “Common Intellectual Heritage”: Federal and State Courts in Our Federal System

Section on Financial Institutions & Consumer Financial Services

The Next Financial Crisis

Steven L. Schwarcz, Duke University School of Law
Paper:  Systematic Regulation of Systemic Risk

Sections on Graduate Programs for Non-U.S. Lawyers and Post-Graduate Legal Education Joint Program

Navigating Third Party Vendors in Post-Graduate Programs Including Programs for Non-US Lawyers

William Byrnes, Texas A&M University School of Law
Presentation: Navigating 3rd Party Vendors
Presentation: Managing 3P Vendor Relationships
Presentation: Vision 2030: Taking the Next Step in Growing LL.M.

Section on Human Rights and International Law

New Voices in Human Rights and International Law

Sara OchsElon University School of Law
Paper:  In Need of Prosecution: The Role of Personal Jurisdiction in the Khmer Rouge Tribunal
Presentation:  In Need of Prosecution: The Role of Personal Jurisdiction in the Khmer Rouge Tribunal 

Section on Indian Nations & Indigenous Peoples

Indian Law and Policy in the Era of Trump: Flashpoints and Challenges

Robert J. Miller, Arizona State University Sandra Day O’Connor College of Law
Paper:  Creating Economies on Indian Reservations

Section on Institutional Advancement Concurrent Session

Framing Development and Alumni Relations from a Communications Perspective

Michael Stoner, mStoner, Inc
Presentation: Communications & Advancement: Opportunities for Partnership

Stewardship Is Everyone’s Job

Darnell Hines, Northwestern University Pritzker School of Law
Presentation:  Stewardship Is Everyone’s Responsibility

Section on International Law

U.S. Leadership in Global Affairs in 21st Century International Law

Michael Scharf, Case Western Reserve University School of Law
Article:  Striking a Grotian Moment: How the Syria Airstrikes Changed International Law Relating to Humanitarian Intervention

Section on Law Libraries and Legal Information

Supporting Scholarship to Build Bridges to Our Colleagues, Peers and Students

Courtney Selby, Maurice A. Deane School of Law at Hofstra University
Presentation:  Content Intelligence Platforms to Support Scholarship
Presentation:  Supporting Faculty Scholarship: Meeting articulated needs & identifying opportunities for support

Section on Legal Writing, Reasoning and Research

New Scholars Showcase

Joy Kanwar, Brooklyn Law School
Paper:  Avatars, Acting and Imagination: Bringing New Techniques into the Legal Classroom

Section on National Security Law

Civil-Military Relations and Patriotism as Oppression

Rachel E. VanLandingham, Southwestern Law School
Article: Trump’s Secret Order on Pulling the Cyber Trigger
Article: Trump’s Military Parade: Pennsylvania Avenue is Not Red Square
Article: The Military Is Not a Political Prop
Article:  Corn, Geoffrey S. and Jensen, Eric Talbot, The Political Balance of Power Over the Military: Rethinking the Relationship between the Armed Forces, the President, and Congress. Houston Law Review, Vol. 44, p. 553, 2007. Access at SSRN

Section on Natural Resources & Energy Law

Developments in Offshore Oil and Gas: Regulatory Pullbacks and Drilling Expansions

Jacqueline L. Weaver, University of Houston Law Center
Presentation:  The Post-Macondo SEMS Rule and Industry Culture

Section on New Law Professors

Building Bridges: Teaching to Students of Different Backgrounds, Interests, and Strengths

Howard E. Katz, Cleveland-Marshall College of Law at Cleveland State University
Outline:  Building Bridges: Teaching to Students of Different Backgrounds, Interests, and Strengths
Handout:  Course Sequencing and Design

Sections on Nonprofit & Philanthropy Law

Nonprofits, Philanthropy, and Education

James J. Fishman, Pace University Elisabeth Haub School of Law
Handout:  How Big Is Too Big: Should Certain Higher Educational Endowments’ Net Investment Income Be Subject To Tax?

Sections on North American Cooperation and International Legal Exchange Joint Program

Do You Know What I Know? Understanding Common Law and Civil Law Pedagogy

Jorge Cerdio,  Autonomous Technological Institute of Mexico (ITAM)

Section on Pro-Bono & Public Service Opportunities
Co-Sponsored by Leadership

Encouraging and Empowering the Next Generation of Public Interest and Pro Bono Leaders

Stephen Rispoli, Baylor University School of Law
Program:  What Role Remains for De Facto Parenthood?
Handout:  The Happy Lawyer: Making a Good Life in Law

Section on Property Law

Property Law: Works in Progress

Christopher Odinet, University of Oklahoma College of Law
Paper:  Data as Property

Section on Professional Responsibility
Co-Sponsored by Leadership

The Ethics of Lawyers in Government

Ellen Yaroshefsky, Maurice A. Deane School of Law at Hofstra University
Paper:  Ellen Yaroshefsky, Regulation of Lawyers in Government Beyond the Client Representation Role, 33 Notre Dame J. L. Ethics & Pub. Policy (forthcoming 2019).

Section on Socio-Economics

Gender, Race, and Competition in the New Economy

June Carbone, University of Minnesota Law School
Naomi Cahn, The George Washington University Law School
Presentation:  Women, Rule-Breaking, and the Triple Bind

Section on Student Services

Assessment in Law Student Affairs

Trent Kennedy, Georgetown University Law Center

Building Institutional Bridges to Form a Stronger Path to Student Services

David JaffeAmerican University, Washington College of Law
Article:  The Key to Law Student Well-Being? We Have to Love Our Law Students
Report:  The Path to Lawyer Well-Being: Practical Recommendations For Positive Change

Section on Torts & Compensation Systems
Co-Sponsored by Law, Medicine, and Health Care

Tort Law and Health Law: Intersections and Opportunities

Elizabeth Weeks, University of Georgia School of Law
Paper:  What Is (And Isn’t) Healthism?

Mark Rothstein, University of Louisville, Louis D. Brandeis School of Law
Presentation:  Health Care Provider Liability for Failure to Warn a Patient’s Genetically At-Risk Relatives

Nadia Sawicki, Loyola University Chicago School of Law
Presentation:  Assumption of Risk and the Medical Malpractice Conundrum
Paper:  Choosing Medical Malpractice

Section on Women in Legal Education


Phoebe HaddonRutgers University – Camden