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          Saturday, November 03, 2012

          Highlights of Recent Scholarship

          Books in Print

          • Professor Ugo Mattei’s book “Plunder” has just been published in Chinese translation by the Social Science Academic Press of China.

          Articles and Chapter in Print

          • Professor Ben Depoorter has published “The Expressive Effect of Specific Performance: How Law Frames Moral Intuitions” in the Arizona Law Review. The article challenges this conventional wisdom about remedies for breach of contract, showing that moral evaluations and the willingness to bargain are themselves strongly affected by whether specific performance is available as a default remedy or not.
          • Professor Jaime King has published “Politics and Fetal Diagnostics Collide” in Nature.
          • Professor King has also published “Not this Child: Constitutional Questions in Regulating Noninvasive Prenatal Genetic Testing and Selective Abortion” in the U.C.L.A. Law Review. The article proposes a novel framework for balancing the legitimate state interest in avoiding significant harm to society based on widespread discriminatory selective abortion against a woman’s right to choose to abort for any reason.
          • Professor Richard Marcus has published “American Report on Goals of Civil Procedure,” in Civil Procedure in Cross-Cultural Dialogue: Eurasia Context (Moscow 2012).
          • Professor Marcus also published “More Reform for the American Class Action?” in Revista de Processo, a Brazilian journal.
          • Professor Aaron Rappaport has published, “Homeland Security and the Inmate Population: The Risk and Reality of Islamic Radicalization in Prison,” in Special Needs Offenders in Correctional Institutions (Lior Gideon ed. 2012). The chapter explores what is known about the risk of Islamic radicalization in prison and the effectiveness of policies that have been implemented in response to that risk, concluding that more information is needed.
          • Professor Naomi Roht-Arriaza has published "Impunidade na América Latina: tribunais nacionais e desafios ainda existentes" in A Anistia na Era da Responsabilização: O Brasil em Perspectiva Internacional e Comparada (Brazilian Ministry of Justice, Amnesty Commission 2012). Two of her articles were also reprinted in a publication in English, Spanish and Portuguese entitled Transitional Justice: Manual for Latin America, published by the Brazilian Ministry of Justice and the International Center for Transitional Justice.
          • Professor Naomi Roht-Arriaza also published "Deadly Aid: How U.S. foreign assistance is helping human rights violators—and how to stop it” in the e-edition of Foreign Policy. The article discusses incorporating human rights more thoroughly into the work of U.S. aid agencies.

          Forthcoming Articles and Chapters

          • Professor Abraham Cable’s article “Incubator Cities: Tomorrow’s Economy, Yesterday’s Financial Contracts” was accepted for publication in the Michigan Journal of Private Equity & Venture Capital Law.
          • Professor Richard Marcus has six (!) articles and chapters in process: “America’s Evolving Political Theories of Procedure” in a festschrift for Rolf Sturner; “Extremism in the Pursuit of Truth is Our ‘Virtue’—The American Infatuation with Broad Discovery, in the Dubrovnik Public and Private Justice Symposium; “The Impact of Digital Information on American Evidence-Gathering and Trial—The Straw That Broke the Camel’s Back” in a volume of the International Association of Civil Procedure; “Still Confronting the Consolidation Conundrum” in the Notre Dame Law Review; “Bomb Throwing, Democratic Theory, and Basic Values—A New Path to Procedural Harmonization?” in the Northwestern Law Review; and “Shoes That Did Not Drop” in the University of Michigan Journal of Law Reform.

          Speaking

          • On September 13, Professor Naomi Roht-Arriaza spoke via Skype at a conference at the University of Essex (UK) on the Law and Practice of Rehabilitation, on a panel entitled “The Challenges of Establishing and Implementing Domestic Administrative Reparation Programmes in Transitional Societies.”
          • On September 19, Professor Richard Marcus delivered the American Report on the Goals of Civil Procedure at the World Conference on Civil Procedure in Moscow, Russia.
          • On September 26, Professor Ben Depoorter presented his paper “Self-Enforcing Rights” at U.S.C. Law School.
          • On October 1, Professor Ben Depoorter presented “Using Fee Shifting to Promote Fair Use and Fair Licensing” at the Law & Economics Workshop at U.C. Berkeley Law School.
          • On October 19, Professor Abraham Cable spoke at the Hastings Business Law Journal Symposium on “Incorporating Change: How Social Benefit Legislation Is Reshaping the Corporate Outlook.”
          • Also on October 19, Professor Susan Morse presented her paper “Startup Ltd: Tax Planning and Initial Incorporation” at the 8th Annual International Tax Symposium at the University of Florida, Levin College of Law.
          • On October 25, Professor Kevin Tierney presented his paper “The Spread of Democracy as a Manifestation of Progress” at the 2012 conference of the American Section of the International Association for Philosophy of Law and Social Philosophy, held at the University of Baltimore School of Law.
          • On October 26, Professor William Dodge delivered a talk entitled “The President’s Recognition Power at Its Lowest Ebb” on a panel addressing the case Zivotofsky v. Secretary of State at International Law Weekend in New York City.

          Other Evidence of Engaged Scholarship

          • Professor Ben Depoorter was appointed Affiliate Scholar at Stanford Law School’s Center of Internet and Society.
          • Professor William Dodge was appointed by the American Law Institute to be Co-Reporter for Jurisdiction and Enforcement on the Restatement (Fourth) of Foreign Relations Law.
          • Professor Robin Feldman’s paper “The America Invents Act 500: Effects of Patent Monetization Entities on US Litigation,” forthcoming in the Duke Law and Technology Review, made SSRN’s top ten list for recent papers, having been downloaded more than 750 times in the past four weeks!
          • On November 2, the U.S. Court of Appeals relied on two of Professor Chimene Keitner’s articles in Yousuf v. Samantar, an important decision on foreign official immunity.
          • Professor Keitner has also been nominated to serve a 3-year term on the American Society of International Law’s Executive Council effective April 2013.
          • Professor Richard Marcus continues his service as Associate Reporter of the Advisory Committee on Civil Rules.
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