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Law School Faculty Engage in a Whirlwind of Professional Activities During Spring and Summer

Carol Anderson has been appointed as incoming chair of the programs committee of the NC Bar Foundation’s CLE Committee. The Bar Foundation is the CLE component of the NC Bar Association and is the largest provider of continuing legal education in the state. Professor Anderson will also be teaching a three-day basic trial skills seminar for the young associates from the various offices of Womble Carlyle in mid-June and will teach the Judicial Extern Program for two sessions of summer school. She has been invited to lecture on Direct and Cross Examination at the annual Building Trial Skills: National Session sponsored by the National Institute of Trial Advocacy (NITA) in Colorado.

Robert Chesneyrecently received tenure and promotion to full professor. In April, he moderated a panel concerning the Foreign Intelligence Surveillance Act at Duke’s annual national security law conference and also assisted in organizing the Wake Forest Law Review symposium on terrorism financing. In February, he appeared as a witness before the Senate Judiciary Committee in connection with a hearing on reform of the state secrets privilege, and also appeared as a guest lecturer at the headquarters of Special Operations Command in Tampa, Florida. His article on the convergence of military and criminal detention models (co-authored with Jack Goldsmith) recently was published by Stanford Law Review, and his article on post-9/11 terrorism prosecution statistics was published by the Lewis & Clark Law Review. In late May, Professor Chesney hosted a gathering of junior national security law faculty and Army JAG School instructors on our campus. Shortly after that, he spoke about detainee litigation at the University of Virginia and at the D.C. Circuit Judicial Conference. His current projects include an article examining judicial deference to executive branch fact-findings in national security cases, and a book chapter concerning reform of federal criminal law relating to terrorism.

Jennifer Collins’ most recent article entitled “Punishing Family Status” has been accepted for publication by the Boston University Law Review. This article, co-authored with Dan Markel and Ethan Leib, will serve as part of a larger book project on criminal justice and the family, which has been accepted for publication by Oxford University Press. In May, she presented the Punishing Family Status paper at the annual Law and Society Association Meeting in Montreal, Canada. In June, Professor Collins will serve as one of the organizers and hosts for the first annual gathering of junior faculty law scholars from across the country, to be held at Cardozo Law School in New York City.

Chris Coughlin is the co-author of A Lawyer Writes, a first-year legal writing text that is being published this summer by Carolina Academic Press. In addition, she has co-authored an article with Professor Nancy King, of the Wake Forest University School of Medicine and Dr. Anthony Atala of the Wake Forest University Institute of Regenerative Medicine entitled “Pluripotent Stem Cells: The Search for a Perfect Source.” She has also assisted in writing the Legal Writing chapter of a book authored by Professor Andrew McClurg to prepare students for the rigors of law school. Further, this March, she was a member of a multidisciplinary panel at the American Educational Research Association in New York City concerning “Bridging our Knowledge of Errors across the Professions.”

Michael Curtis presented a talk entitled “The Fourteenth Amendment: Recalling What the Court Forgot” at the Drake Law School Symposium on Forgotten Constitutional Provisions. His article (co-authored by Shannon Gilreath), “Transforming Teenagers Into Oral Sex Felons,” was published in the Wake Forest Law Review (Spring 2008). His article on the Alien and Sedition Acts has been published in Milestone Documents in American History (May 2008). He chaired a panel on Government Speech, Government Speakers and the First Amendment at the UNC School of Law in February 2008.

Tim Davis published the second edition of The Business of Sports Agents (Univ. Penn. Press) (with Kenneth L. Shropshire).

Maureen Eggert has been elected Vice President/President Elect of SEAALL (the South Eastern Chapter of the American Association of Law Libraries). This 13 state and territory organization is the largest chapter in the Association. She will serve from spring 2008 to spring 2010.

Shannon Gilreath spoke at the annual Unity Conference on sexuality in the media, held at UNC-Chapel Hill in April.

Laura Graham and Miki Felsenburg completed three surveys of first-year law students at Wake Forest and North Carolina Central and are currently working on articles about this innovative research. The surveys collected data about first year students’ views about learning legal writing by measuring their attitudes and writing experience before they began law school, their learning after eight weeks of law school, and their final thoughts about their first year of legal writing instructionat the end of their first year.

Mark Hall received a grant from the Robert Wood Johnson Foundation to study the effectiveness of using flexibility benefit plans to shelter from tax the portion of health insurance premiums paid by employees. The new edition of his casebook, Health Care Law and Ethics, was published by Aspen. And, he recently had articles published in the California, Michigan, and Georgetown Law Reviews.  In June, he testified before the Senate Finance Committee during hearings leading up to health care reform.

John Knox’ article entitled “Horizontal Human Rights Law” was the lead article in the most recent issue of the American Journal of International Law. It addresses duties held by private actors, such as individuals and corporations, under international human rights law. Earlier this semester, he did some pro bono research and provided some informal advice to the special representative of the UN Secretary General on corporations and human rights in preparation for the Secretary General’s final report to the UN Human Rights Council on that topic.

John Korzen wrote a manuscript and gave a one-hour presentation on recent Fourth Circuit criminal law decisions for a CLE held in March at the Grove Park Inn in Asheville.  The Federal Public Defender for the Middle District of North Carolina organized the CLE, a two-day seminar on federal criminal law attended by more than 100 attorneys from North Carolina and South Carolina.  Professor Korzen and nine students in his Appellate Advocacy Clinic visited the United States Supreme Court in April, where they observed oral arguments and toured the courthouse.  On May 16 in Raleigh, he gave a one-hour presentation on how to write persuasive fact statements and questions presented, based on a manuscript he had prepared.  The presentation was part of a CLE on appellate practice organized by the North Carolina Academy of Trial Lawyers.  The North Carolina Court of Appeals ruled in favor of one of the Appellate Clinic’s clients on June 3, in Corbett v. Gray, an automobile negligence case.  The Court reversed a judgment against Ms. Corbett and remanded for a new trial, agreeing with the Clinic’s contention that the trial judge erred by failing to submit the issue of the defendant’s last clear chance to the jury.

Kate Mewhinney co-edited a book entitled “The Rights of Older Persons: A Collection of International Documents.” It was published by the International Federation on Ageing. She also planned and moderated a program at the Association of American Law Schools’ annual meeting. The program entitled “Grays’ Autonomy: How International Law Advances the Rights of Older Adults” was sponsored by the AALS Section on Aging and the Law, and the Section on International Human Rights, and included scholars fromEngland, Israel, the United Nations, and other law schools.In February, she was a presenter at the N.C. Institute of Government program, “North Carolina Guardianship.” Professor Mewhinney wasappointed by the Board of Legal Specialization of the NC State Bar to chair a committee to establish an elder law board certification in the state. In April, she was quoted in The Charlotte Observer in an article entitled “Target: Financial abuse of elderly.”

Alan Palmiter presented a talk in February at a Brooklyn Law School conference on the “going private” phenomenon. Palmiter considered the “deretailization” of the securities markets and the implications for the “going private” phenomenon. In the end, Palmiter concluded that our public stock markets are as important as ever, particularly given the requirements imposed on the largest institutional investors to concentrate their investment portfolios in publicly-traded securities. Palmiter also presented a talk at a University of Florence conference on the “public corporation in global securities markets.” Palmiter asserted that the US public corporation is derived both structurally and metaphorically from the US Constitution. Palmiter also presented in February the business law update at the annual meeting of the Business Section of the North Carolina Bar Association. Finally, Palmiter’s article on “The Mutual Fund Board: A Failure in Regulatory Outsourcing” was selected as one of the “top ten” securities law articles of 2007. This is the fifth time one of Palmiter’s articles has been so selected by corporate/securities law professors.

Wendy Parker accepted an offer to publish her article entitled “Desegregating Teachers” in volume 86 of Washington University Law Review. She spoke at a conference at the University of Cincinnati of the authors in the book Education Stories on the story behind the Michigan affirmative action case, Grutter v. Bollinger, and at a conference at the University of Miami on the future of affirmative action. She was also elected into the American Law Institute, and attended its annual conference in Washington, D.C. in May.

Linda Rogers will produce a podcast segment entitled “Working the Room – How to Successfully Navigate the Summer Associate Social Scene” for Suffolk University Law School’s podcast series on iTunes U.  This series isintended to provide first year law students with basic advice on how to succeed in asummer associate position.

Sidney Shapiro was one of the speakers at the 2008 Administrative Law Institute in Washington, D.C., sponsored by the Section of Administrative Law and Regulatory Practice of the American Bar Association. His topic was “Review of Guidance Documents by the Office of Management and Budget (OMB)”. Professor Shapiro appeared on a panel with Paul Noe, Vice President for Regulatory Affairs, Grocery Manufacturers Association, and John Knepper, Deputy General Counsel at the Office of Management and Budget (OMB). In April, Professor Shapiro testified before a subcommittee of the Committee on Oversight of the United States House of Representatives. The committee hearing was on a proposed legislation to amend the Federal Advisory Committee Act (FACA), which controls the use of federal advisory committees by administrative agencies. Recently, Professor Shapiro presented a paper at the Comparative Administrative Law Conference held at the University of Montpellier Law School in Montpellier, France. Other participants included American, Canadian, and European law professors. The title of Professor Shapiro’s paper, which was co-authored with Richard Murphy of the William Mitchell Law School, was “Eight Things Americans Can’t Figure Out About Controlling Administrative Power.” Professor Shapiro also presented a lecture at the University of Padua, in Padua, Italy, in June. The title of his lecture was “George Bush and the Politicization of American Administrative Law.”

Ahmed Taha recently received tenure and promotion to full professor.

George Walker’s article “Professionals’ Definitions and States’ Interpretative Declarations (Understandings, Statements, or Declarations) for the 1982 Law of the Sea Convention,” has been published in volume 21 of the Emory International Law Review. The article analyzes issues relating to the 1982 Law of the Sea Convention and the 1994 Agreement modifying its terms. Professor Walker also has completed a report on behalf of the International Law Association (American Branch) Law of the Sea Committee. In 2001, the committee began a project of defining terms in the 1982 U.N. Convention on the Law of the Sea (UNCLOS) on in the UNCLOS analysis for which the treaty does not supply terms. Professor Walker is chair of the committee. The title of the report is: “Terms in the 1982 U.N. Convention on the Law of the Sea or in Convention Analysis that the Convention Does Not Define.” The report will be published in the 2008-09 American Branch of the International Law Association (ABILA) Proceedings.

Ron Wright recently published three new articles. One, co-authored with Professor Mark Hall and published in the California Law Review, deals with a social science research technique known as “content analysis.” Hall and Wright explore the use of this technique to uncover large-scale patterns in groups of judicial opinions. The second article, published in the Utah Law Review as part of a symposium, deals with the “Innocence Movement” and the negotiation of guilty pleas in homicide cases, an article titled “Dead Wrong.” The third article, co-authored with University of Arizona professor Marc Miller, is called “Leaky Floors.” The article discusses the relationship between federal and state courts in constitutional criminal procedure cases. In February, Wright also presented a research project based on prosecutor charging data to the faculty at the Washington University School of Law in St. Louis.