Introducing Guest Blogger James Grimmelmann

I'm very pleased to announce that Professor James Grimmelmann will be guest blogging with us this month. James is an associate professor at New York Law School and a member of its Institute for Information Law and Policy. He received his J.D. from Yale Law School, where he was Editor-in-Chief of LawMeme and a member of the Yale Law Journal. Prior to law school, he received an A.B. in computer science from Harvard College and worked as a programmer for Microsoft. He has served as a Resident Fellow of the Information Society Project at Yale, as a legal intern for Creative Commons and the Electronic Frontier Foundation, and as a law clerk to the Honorable Maryanne Trump Barry of the United States Court of Appeals for the Third Circuit.

James studies how the law governing the creation and use of computer software affects the distribution of wealth, power, and freedom in society. As a lawyer and technologist, he aims to help these two groups speak intelligibly to each other. He writes on such topics as intellectual property, virtual worlds, search engines, electronic commerce, online privacy, and the use of software as a regulator.

James blogs at his blog, The Laboratorium.

Some of his publications include:
* Information Policy for the Library of Babel, 3 J. Bus. & Tech. L. 29 (2008)
* The Structure of Search Engine Law, 93 Iowa L. Rev. 1 (2007)
* Virtual Borders: The Interdependence of Real and Virtual Worlds, First Monday (Feb. 2006)
* Regulation by Software, 114 Yale Law Journal 1719 (2005)

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Introducing Guest Blogger Anita Krishnakumar

I'm delighted to introduce Professor Anita S. Krishnakumar (St. John's School of Law), who will be joining us for a reprise guest visit for the next month.

Anita teaches Legislation, Introduction to Law, and Trusts and Estates. She received her J.D. from Yale University, and her B.A. from the Stanford University. Before joining the St. John’s faculty in 2006, she visited at Touro Law School from 2004-06. Prior to entering law teaching, she worked as an associate in the appellate litigation group at Mayer, Brown, Rowe & Maw, and as a litigation associate at Cleary, Gottlieb, Steen, & Hamilton. Before that, she was as a law clerk for Jose A. Cabranes of the 2nd Circuit Court of Appeals.

Anita's current research focuses on legislative solutions to legislative process dysfunctions, recent trends in the Supreme Court’s statutory interpretation cases, judicial treatment of political parties, and election law.

Her publications include:

* Representation Reinforcement: A Legislative Solution to a Legislative Process Problem, forthcoming, 46 Harv. J. on Legislation __ (2008)
* Towards A Madisonian “Interest-Group” Approach To Lobbying Regulation, 58 Alabama Law Review 513 (2007)
* In Defense of the Debt Limit Statute, 42 Harvard J. on Legis. 135 (2005)
* On the Evolution of the Canonical Dissent in Supreme Court Jurisprudence, 52 Rutgers Law Review 781 (2000)
* Reconciliation and the Fiscal Constitution: The Anatomy of the 1995-96 Budget Train Wreck, 35 Harvard J. on Legis. 589 (1998)

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Welcome Guest Blogger William Birdthistle

I'm pleased to welcome William Birdthistle, of Chicago-Kent, as a guest-blogger this month.

William is an assistant professor in his second year at Chicago-Kent, where he teaches Business Organizations, Securities Regulation, and International Business Transactions. His primary research interest is in collective investment vehicles, such as mutual funds, exchange-traded funds, private equity funds, and hedge funds. Previously, he spent several years practicing at Ropes & Gray in Boston, where he was a corporate associate in their investment management division. He clerked for Judge Diarmuid O’Scannlain on the Ninth Circuit after receiving a bachelor’s degree from Duke University and a J.D. from Harvard Law School.

Aside from his academic pieces, which you can find here, William has also written book reviews and op-eds for the Wall Street Journal, Chicago Tribune, and Christian Science Monitor.

Selected Publications:

The Fortunes & Foibles of Exchange-Traded Funds, 33 Delaware Journal of Corporate Law (forthcoming 2008)

Football Most Foul, Green Bag 2d, Vol. 10, No. 2, pp. 159-172, Winter 2007

Compensating Power: An Analysis of Rents and Rewards in the Mutual Fund Industry, 80 Tulane Law Review 1401 (2006)

The Bejaysus Factory, Wall Street Journal, Dec. 13, 2002, at W1

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Introducing Guest Blogger William McGeveran

I'm pleased to announce that Professor William McGeveran will be doing a reprise guest visit with us for the next month. Bill is an associate professor at the University of Minnesota Law School. He is teaching civil procedure and data privacy. His current research focuses on trademark law and data privacy. He blogs at Info/Law.

Before joining the Minnesota Law School faculty, Bill was a fellow at the Berkman Center for Internet and Society at Harvard Law School. While there, he studied the impact of the copyright regime on educational uses of digital content. That work culminated in a white paper (coauthored with Professor William W. Fisher III at Harvard) entitled The Digital Learning Challenge: Obstacles to Educational Uses of Copyrighted Material in the Digital Age.

Earlier in his career, Bill practiced at Foley Hoag LLP in Boston; clerked for Judge Sandra Lynch on the First Circuit; and, before law school, served as a legislative aide in the House of Representatives for six years. He has a J.D. magna cum laude from NYU Law School and a B.A. magna cum laude from Carleton College.

Some of his publications include:
* Rethinking Trademark Fair Use, 94 Iowa L. Rev. (forthcoming 2008).
* Four Free Speech Goals for Trademark Law, 18 Fordham Intell. Prop., Media & Ent’mt L.J. (2008) (forthcoming)
* Mrs. McIntyre’s Checkbook: Privacy Costs of Political Contribution Disclosure, 6 U. Pa. J. Const. L. 1 (2003)

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Introducing Guest Blogger David Fontana

I'm delighted to announce that Professor David Fontana will be joining us as a guest blogger for the next month. David is my colleague at the George Washington University Law School, where he is finishing his second year on our faculty. He writes about constitutional law and comparative constitutional law. His latest essay--on the failures of the American Supreme Court since September 11 and how that compares to the performance of the highest courts of other countries--was just published in Dissent (online version not yet available).

David graduated from Yale Law School and clerked for Judge Dorothy W. Nelson on the U.S. Court of Appeals for the Ninth Circuit. He currently is completing a doctoral degree in socio-legal studies at Oxford University.

David teaches constitutional law, comparative constitutional law, and criminal law.

David's publications include:

* The Current Generation of Constitutional Law, 93 Georgetown Law Journal 1061 (2005)
* Thomas Jefferson Counts Himself Into the Presidency, 90 Virginia Law Review 551 (2004) (with Bruce Ackerman)
* Refined Comparativism in Constitutional Law, 49 UCLA Law Review 539 (2001)

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Welcome Guest Blogger Dan Kahan

I'm delighted to welcome Dan Kahan as a guest blogger for the month of April.

Dan is the Elizabeth K. Dollard Professor of Law at Yale Law School. In addition to risk perception, his areas of research include criminal law and evidence. Prior to coming to Yale in 1999, Professor Kahan was on the faculty of the University of Chicago Law School. He also served as a law clerk to Justice Thurgood Marshall of the U.S. Supreme Court (1990-91) and to Judge Harry Edwards of the United States Court of Appeals for the D.C. Circuit (1989-90). He received his B.A. from Middlebury College and his J.D. from Harvard University. He is a founder of the Cultural Cognition Project, and a blogger at the Situationalist and Balkinization. You can find a list of Dan's publications here, and some working papers here.

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Welcome Guest Blogger Sam Kamin

We're delighted to welcome guest blogger Sam Kamin for the month of April.

Sam is an Associate Professor at the University of Denver, Sturm College of Law, where he has taught since 1999. Prior to arriving at DU, Professor Kamin received his Ph.D. from UC Berkeley’s Jurisprudence and Social Policy Program and his law degree from Berkeley’s Boalt Hall School of Law. Professor Kamin teaches Criminal Law, Criminal Procedure and Federal Courts; he has written extensively in the areas of capital punishment, privacy law, and civil rights litigation. You can find some of his research here.

Welcome, Sam!

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Introducing Guest Blogger Elaine Chiu

I'm very pleased to announce that Professor Elaine Chiu will be guest blogging with us this month. Elaine is an associate professor of law at St. John's University School of Law. Prior to coming to St. John's, Elaine was a Research Fellow at Columbia University School of Law from 2000-2001 and a Climenko-Thayer Teaching Fellow at Harvard Law School from 1999-2000. From 1994 to 1998, she was an Assistant District Attorney in Manhattan in the Trial Division where she specialized in both domestic violence and welfare fraud cases. She also taught as an Adjunct Professor at Yeshiva University's Cardozo Law School as part of their legal writing and research faculty from 1998-1999.

Elaine is a cum laude graduate of Cornell University (A.B. 1991) and Columbia University School of Law (J.D. 1994) where she was a Senior Editor of the Columbia Law Review and a Harlan Fiske Stone Scholar.

Elaine writes about multiculturalism and the law, domestic violence, and criminal law. She teaches criminal law and family law. Some of her recent publications include:

* The Culture Differential in Parental Autonomy, 41 U.C. Davis L. Rev. (forthcoming 2008)
* Culture as Justification, Not Excuse, 43 American Crim. L. Rev. 1317 (Oct 2006)
* Culture in Our Midst, 17 U. Fl. J. L. & Pub. Pol’y 231 (Summer 2006)
* The Role of Motive in the Criminal Law, 8 Buff. Crim. L. Rev. 653 (2005)

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Introducing Guest Blogger Alice Ristroph

I'm very pleased to announce that Alice Ristroph will be returning for a reprise guest visit with us for the next month. Alice is an Associate Professor at the University of Utah, S.J. Quinney College of Law. Her research and teaching interests include contemporary penal practices, violence, political authority, and other topics in criminal law, constitutional law, and political theory. Before joining the University of Utah, Alice was an Associate in Law at Columbia and a Visiting Assistant Professor of Government at Dartmouth College. From 2002 to 2004, she was a litigation associate at Paul Weiss in New York. She has a J.D. and a Ph.D. from Harvard University.

This fall, Alice will be moving to Seton Hall Law School.

Recent publications include:

* Desert, Democracy, and Sentencing Reform, 96 J. Crim. L. & Criminology 1293 (2006)
* Sexual Punishments, 15 Colum. J. Gender & Law 139 (2006)
* Proportionality as a Theory of Limited Government, 55 Duke L.J. 263 (2005)

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Introducing Guest Blogger Erica Hashimoto

I'm very pleased to announce that Professor Erica Hashimoto will be guest blogging with us during this month. Erica is a professor at the University of Georgia School of Law. She joined the faculty in the fall of 2004, and she teaches criminal law, evidence, sentencing, and legal profession.

Erica developed a practical understanding of criminal law and procedure while serving four years as an assistant federal public defender in the Office of the Federal Public Defender in Washington, D.C. In this position, she gained significant trial experience representing clients charged with a variety of federal crimes, including the possession of guns, distribution of drugs, fraud and threats on the president.

Prior to holding this position, Erica was a law clerk for Judge David S. Tatel of the U.S. Court of Appeals for the District of Columbia Circuit (1999-2000) and Judge Paul L. Friedman of the U.S. District Court for the District of Columbia (1997-1999). She earned a bachelor’s degree with honors from Harvard University and a law degree magna cum laude from Georgetown University Law Center. At Georgetown, she was inducted into the Order of the Coif and served on the Georgetown Journal of Legal Ethics.

Some of her recent publications include:
* Defending the Right of Self Representation: An Empirical Look at the Pro Se Felony Defendant, 85 N.C. L. Rev. 423 (2007)
* The Price of Misdemeanor Representation, 49 William & Mary L. Rev. 461 (2007)

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Introducing Guest Blogger Lori Ringhand

I'm very pleased to announce that Professor Lori Ringhand will be guest blogging with us this month. Lori is an associate professor at the University of Kentucky College of Law. This fall, she will become a permanent member of faculty at the University of Georgia School of Law.

She teaches Constitutional Law, State and Local Government Law, Election Law and Comparative Law. Lori's research focuses on empirical work regarding the voting patterns and practices of U.S. Supreme Court justices. She currently is working on a project comparing the confirmation hearings of Supreme Court justices to their subsequent voting patterns.

Lori received her J.D., magna cum laude, from the University of Wisconsin Law School. She also holds a B.C.L. degree in European Comparative Law from Oxford University. Ringhand graduated from Oxford with Distinction, and was awarded the University's Ralph B. Chiles Award for Human Rights.

Some of Lori's recent publications include:

* "I'm sorry, I can't answer that": An Empirical Examination of Supreme Court Confirmation Hearings, 10 U. Pa. J. Const. L. (2008)
* The Roberts Court Year One
* An Empirical Analysis of the Confirmation Hearings of the Justices of the Rehnquist Natural Court, 24 Constitutional Commentary 127 (2007) (with Jason J. Czarnezki and William K. Ford)
* Judicial Activism: An Empirical Examination of Voting Behavior on the Rehnquist Court, Constitutional Commentary (2007)

Posted by Daniel J. Solove at 07:06 PM | Comments (0) | TrackBack

Welcome Guest Blogger William W. Burke-White

I'm pleased to welcome Bill Burke-White as a guest blogger this month.

Bill is an Assistant Professor of Law at the University of Pennsylvania School of Law, where he teaches courses on international law, human rights, international courts and institutions, and international financial arbitration. Prior thereto, he was Lecturer and Senior Special Assistant to Dean Anne-Marie Slaughter at the Woodrow Wilson School of Public and International Affairs, Princeton University.

His research interests are at the intersection of international law and international politics. He has written widely on the structure of international legal regimes, the effectiveness of international courts and tribunals, international arbitration, human rights, international criminal law, state financial collapse, and transitional justice. He was the 2001 recipient of the Deak Prize for the outstanding article published in a student-edited international law journal and the 2006 University of Pennsylvania Robert A. Gorman Award for Excellence in Teaching.

His current research projects include a study of the impact of international criminal justice on the willingness of states and rebels to settle armed conflicts based on both rational choice models and deep case studies, an analysis of the role of power in international law based on an examination of the rise of Russia and China with particular reference to energy supply and demand, and a review of the impact of international law and international relations movement on the future of international legal scholarship.

Burke-White has recently served as Visiting Scholar and Advisor to the Prosecutor at the International Criminal Court. He regularly advises and appears as an expert witness for national governments, particularly the Republic of Argentina, in international investment arbitration. He has also advised the Government of the Democratic Republic of Congo on the creation of international criminal accountability mechanisms for the massive crimes committed there in the 1990s, the Government of Uganda on the implementation of a peace agreement with the Lords Resistance Army, and the Government of Cambodia and the U.N. Transitional Administration in East Timor on the establishment of international criminal tribunals. Burke-White also served Special Rapporteur and Advisor to the Legal and Constitutional Commission of the Government of Rwanda for the drafting of a new Rwandan constitution, as legal assistant at the International Criminal Tribunal for the Former Yugoslavia, and in the international law group at Clifford Chance, L.L.P. in London.

Burke-White is a frequent commentator in the media on issues of international law and international relations. He has authored and coauthored op-eds in The Financial Times, The International Herald Tribune, The Washington Times, and Foreign Policy and he is a regular guest on various public radio stations. In 2007 he received the Robert A. Gorman Award for Excellence in Teaching.

Burke-White holds a Ph.D. from Cambridge University, a J.D. magna cum laude from Harvard Law School, an M.Phil. in international relations from Cambridge University (where he was J. William Fulbright Scholar), and a B.A. magna cum laude from Harvard College.

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Introducing Guest Blogger Paul Secunda

I'm very pleased to introduce Professor Paul Secunda, who will guest blog with us this month. Paul is a law professor at the University of Mississippi School of Law. He joined the law faculty in the summer of 2002. He teaches employment law, employment discrimination law, employee benefits, labor law, civil procedure, school law, higher education law, and special education law. He will be joining the faculty of Marquette Law School this fall.

Paul's recent articles appear in the UCLA Law Review, Wisconsin Law Review, Colorado Law Review, U.C. Davis Law Review, Florida State University Law Review, Villanova Law Review, Kentucky Law Review, Duke Journal of Gender Law & Policy, and the Comparative Labor Law & Policy Journal. He is also the author, along with Professors Rick Bales and Jeff Hirsch, of the treatise, Understanding Employment Law, and, along with Sam Estreicher, of the forthcoming case book, Global Issues in Employee Benefits Law.

His legal scholarship primarily focuses on the civil liberties and civil rights of employees, with a focus on public employee speech, privacy, and associational issues. He has also written on innovative remedial approaches to group employment discrimination claims and the dynamics of administrative agency adjudication in the labor law context. His current project concerns the lack of employee benefit protection for employee participants under ERISA’s remedial and preemption scheme.

His publications include:
* Whither the Pickering Rights of Federal Employees?, 79 U. Colo. L. Rev. (2008)
* The Solomon Amendment, Expressive Associations, and Public Employment, 54 UCLA L. Rev. 1767 (2007)
* A Public Interest Model for Applying Lost Chance Theory to Probabilistic Injuries in Employment Discrimination Cases, 2005 Wisc. L. Rev. 747
* At the Crossroads of Title IX and a New 'IDEA': Why Bullying Need Not Be A 'Normal Part of Growing Up' for Special Education Children, 12 Duke J. L. & Policy 1 (2005)

Posted by Daniel J. Solove at 12:20 AM | Comments (3) | TrackBack

Welcome Guest Blogger Jaya Ramji-Nogales

I'm pleased to welcome my colleague Jaya Ramji-Nogales as a guest blogger this month.

Jaya is an Assistant Professor of Law at Temple University’s Beasley School of Law, where she teaches Civil Procedure, Evidence, Refugee Law and Policy, and Transitional Justice. Jaya received her BA with highest honors and distinction from the University of California at Berkeley; her JD from the Yale Law School; and her LLM with distinction from the Georgetown University Law Center. Before joining the Temple faculty, she taught at Georgetown both as a clinical fellow in the Center for Applied Legal Studies and as an adjunct professor, and was earlier a staff attorney at the American Civil Liberties Union in New York and an associate at the international law firm of Debevoise & Plimpton. She was also awarded the Robert L. Bernstein Fellowship in International Human Rights to create a refugee law clinic at the University of the Witwatersrand in Johannesburg, South Africa.

Prof. Ramji-Nogales' primary research interests concern procedural due process and the intersection of immigration and international human rights law. She has also been published in the area of transitional justice. She is a regular blogger on IntLawGrrls .

You can find Jaya's recent research on her SSRN page. Some of her recent publications include:

A Global Approach to Secret Evidence: How Human Rights Law Can Reform Our Immigration System, 39 Colum. Hum. Rts. L. Rev. ___ (forthcoming 2008).

Refugee Roulette: Disparities in Asylum Adjudication, 60 Stan. L. Rev. 295 (2007) (with A. Schoenholtz & P. Schrag).

A Collective Response to Mass Violence: Reparations and Healing in Cambodia, in Bringing the Khmer Rouge to Justice: Prosecuting Mass Violence before the Cambodian Courts (Mellen 2005) (editor, with B. Van Schaack).

Welcome, Jaya!

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Introducing Guest Blogger Carrie Menkel-Meadow

I'm very pleased to introduce Professor Carrie Menkel-Meadow, who will be guest blogging with us this month. Carrie is A.B. Chettle, Jr. Professor of Dispute Resolution and Civil Procedure and Director of the Hewlett-Georgetown Program in Conflict Resolution and Legal Problem Solving at Georgetown University Law Center in Washington, DC. She is also Chair of the Georgetown-CPR Commission on Ethics and Standards in ADR.

Carrie has won the CPR Institute for Dispute Resolution First Prize for Scholarship in ADR three times, (1983, 1991, 1998) and the Rutter Prize for Excellence in Teaching at UCLA Law School (1992) and the Frank Flegal Award for Teaching at Georgetown (2006). In addition to her scholarship and teaching, Carrie has trained lawyers, judges, diplomats, government officials, and mediators on five continents and is herself an active arbitrator and mediator. She has served as a mediator or arbitrator in the Wellington Asbestos Claims Facility, the Dalkon Shield Trust, the Merrill Lynch Settlement Program, ICANN domain names disputes, United Educators education disputes and a wide variety of other public and private matters.

Carrie has taught at the law schools of Georgetown University (1992-present), Harvard University, Stanford University, the University of Pennsylvania, the University of California at Los Angeles (1979-98), Temple University, the University of Toronto, Osgoode Hall, York University, the University of Fribourg (Switzerland) and Universidad Alberto Hurtado (Santiago) and Catolica Universidad (Temuco) Chile, and has lectured throughout the world. She served as a Fulbright Scholar in Chile in 2007 where she taught mediation, arbitration, deliberative democracy and civil engagement in a variety of academic and practical settings, while researching topics related to restorative justice. She currently serves as co-editor in chief of the Journal of Legal Education, the International Journal of Law in Context and Associate Editor of the Negotiation Journal, published by the Harvard Program on Negotiation.

Carrie holds a B.A. magna cum laude from Barnard College, Columbia University (1971), a J.D. cum laude from the University of Pennsylvania (1974), where she also served on the Law Review and as an Arthur Littleton Legal Writing Fellow, and an LL.D. (Hon.) (1995) from Quinnipiac College of Law. She served on the Board of Directors and as Secretary of the American Bar Foundation, on the Executive Committee of the Center for Public Resources and is a member of the American Law Institute and the American College of Civil Trial Mediators.

Carrie is the author of many books and over 100 articles on subjects ranging from dispute and conflict resolution, negotiation, mediation, legal procedure, legal theory, legal ethics, feminist theory, law and popular culture and legal education. Some of her recent publications include:

BOOKS
* Law and Popular Culture: Text, Notes, and Questions (LexisNexis, 2007) (with Papke, Corcos, Essig, Huang, Ledwon, Mazur, Meyer & Miller)
* Negotiation: Beyond the Adversarial Model (Aspen, 2006) (with Andrea Schneider and Lela Love)
* Mediation: Beyond the Adversarial Model (Aspen, 2006) (with Lela Love and Andrea Schneider)
* Dispute Resolution: Beyond the Adversarial Model (Aspen, 2005) with Lela Love, Andrea Schneider and Jean Sternlight
* What’s Fair: Ethics for Negotiators (Jossey-Bass, 2004) (with Michael Wheeler)
* Dispute Processing and Conflict Resolution: Theory, Policy and Practice (Ashgate, 2003)

ARTICLES
* Taking Law and . . . Really Seriously: Before, During and After the Law, 60 Vand. L. Rev. 555 (2007)
* Restorative Justice: What is it and Does it Work?, 3 Annual Review of Law & Social Science 161 (2007)
* Peace and Justice: Notes on the Evolution and Purposes of Legal Processes, 94 Geo. L.J. 553 (2006)

Posted by Daniel J. Solove at 10:07 AM | Comments (2) | TrackBack

Introducing Guest Blogger Robert Ahdieh

I’m very pleased to introduce Professor Robert (Bobby) Ahdieh, who will be guest blogging with us for the next month. Bobby’s scholarship explores the distinct nature and role of law and regulation in the face of coordination game dynamics and tendencies toward coordination more generally. In transactional areas including corporate and securities law, international trade and finance, and contracts, he has focused particular attention on two categories of coordination-driven regulation. The first is what he terms “intersystemic governance” – intertwined regulatory regimes motivated by patterns of (transnational or subnational) jurisdictional overlap. In earlier work, and a forthcoming book entitled The New Regulation, he also identities distinct occasions for regulatory intervention – and non-traditional regulatory forms – that arise from coordination game dynamics in standard-setting, network construction, and other areas of the modern industrial economy.

In 2007-08, Bobby is working on the latter project at Princeton University’s Program in Law and Public Affairs, where he is a visiting professor and the Microsoft/LAPA Fellow. His permanent teaching position is at Emory Law School.

Bobby received his A.B., summa cum laude, from Princeton University’s Woodrow Wilson School of Public and International Affairs, and his J.D. from Yale Law School. While in law school, he published what remains one of the seminal treatments of the constitutional transformation of post-Soviet Russia: Russia's Constitutional Revolution - Legal Consciousness and the Transition to Democracy. He was also active in the Allard K. Lowenstein Human Rights Clinic, receiving the C. LaRue Munson Prize for his work on the Clinic’s Alien Tort Claims Act suit against Radovan Karadzic.

Following law school, Bobby did a clerkship with James R. Browning, of on the United States Court of Appeals for the Ninth Circuit, during which he worked extensively on the Court’s resistance to efforts to split the circuit into two or more parts.

At Emory, Bobby directs the Center on Federalism and Intersystemic Governance. His courses include Contracts, Corporate Federalism, Comparative Law, International Trade Law, and Emerging Markets Law.

Bobby’s publications include:
* Russia’s Constitutional Revolution: Legal Consciousness and the Transition to Democracy (Penn State Press 1997)
* From Federalism to Intersystemic Governance: New Paradigms of Jurisdiction, 56 Emory L.J. (forthcoming 2008)
* Dialectical Regulation, 38 Conn. L. Rev. 863 (2006)
* The Strategy of Boilerplate, 104 Mich. L. Rev. 1033 (2006)
* From “Federalization” to “Mixed Governance” in Corporate Law: A Defense of Sarbanes-Oxley, 53 Buff. L. Rev. 721 (2005)
* Between Dialogue and Decree: International Review of National Courts, 79 N.Y.U. L. Rev. 2029 (2004)
* Between Mandate and Market: Contract Transition in the Shadow of the International Order, 53 Emory L.J. 691 (2004)
* Law’s Signal: A Cueing Theory of Law in Market Transition, 77 S. Cal. L. Rev. 215 (2004)

Posted by Daniel J. Solove at 12:36 AM | Comments (1) | TrackBack

Introducing Guest Blogger Donald Braman

I'm delighted that Professor Donald Braman will be joining us this month for another guest visit. Don is my colleage at George Washington University law School. Don teaches Criminal Law, Evidence, and a seminar on the Culture Wars. He holds a PhD in cultural anthropology and a JD, both from Yale. Don is a member of the Cultural Cognition Project, and coauthor of various articles and papers investigating the effects of culture on law and policy, including Cultural Cognition and Public Policy (with Dan Kahan).

Don's publications include a book, Doing Time on the Outside (Michigan 2004), which investigates the effects of incarceration on family and community life.

Some of his recent articles include:
* Cultural Cognition and Public Policy, 24 Yale Law & Policy Review 147 (2006) (with Dan Kahan)
* Criminal Law and the Pursuit of Equality, 84 Texas Law Review 2097 (2006)
* Punishment and Accountability: Understanding and Reforming Criminal Sanctions in America, 53 UCLA Law Review 1143-1216 (2006)
* More Statistics, Less Persuasion: A Cultural Theory of Gun-Risk Perceptions, 151 U. Pa. L. Rev. 1291 (2003)

Posted by Daniel J. Solove at 12:09 AM | Comments (0) | TrackBack

Introducing Guest Blogger Bruce Boyden

We are very pleased to announce that Professor Bruce Boyden will join us this month for a repeat guest visit.

Bruce is an assistant professor at Marquette University Law School, where he teaches copyright, internet law, and civil procedure. He has a B.A. from the University of Arkansas, an M.A. in history from Northwestern, and received his J.D. from Yale Law School. Before joining the faculty at Marquette, Bruce was a visiting assistant professor at Washington & Lee and Michigan State. Prior to that, Bruce was in private practice for eight years as a litigation associate at Proskauer Rose, where he handled internet law, privacy, and copyright matters.

Bruce's current research includes two articles in progress, "The Game in the Machine: Copyright and Video Game Displays," and "The Once and Future Enclosure Analogy: What Copyright and Cows Have in Common."

He has also written a chapter on the Electronic Communications Privacy Act in a treatise on privacy law, Proskauer on Privacy (PLI 2006).

Posted by Daniel J. Solove at 12:00 AM | Comments (0) | TrackBack

Reminder: Concurring Opinions--PrawfsBlawg Happy Hour at AALS

Frank announced it earlier, but I wanted to remind you to mark your calendars for the third annual AALS law blogger happy hour (that we co-sponsor with PrawfsBlawg).

Thursday, Jan. 3, 2008, 8:30-10:30PM TONIGHT!

Fireplace Room within Library Bar at the Sheraton New York Hotel & Towers

811 7th Avenue (at 53rd Street)

We have Fireplace Room until 10:30 PM, but the party will continue after that in the Library Bar.

The first two happy hours were terrific, with big turnouts and more law professor bloggers per square foot than perhaps any place on earth. You don't have to be a blogger to join us, of course, as the purpose of the happy hour is to meet our readers in person. We hope you can join us this time to make this the best happy hour yet!

Posted by Daniel J. Solove at 12:37 AM | Comments (0) | TrackBack

Introducing Guest Blogger Russell Korobkin

I'm very pleased to announce that Professor Russell Korobkin will be joining us as a guest blogger this month. Russell is a professor of law at the UCLA School of Law, where he teaches Health Care Law, Negotiation, Contracts, and Law and Behavioral Science. He is also a Faculty Fellow at the UCLA Center for Society and Genetics and a Faculty Associate at the UCLA Center for Health Policy Research. Prior to joining the UCLA faculty in 2001, he held appointments at the University of Illinois College of Law and the University of Illinois Institute of Government and Public Affairs, and he taught as a visitor at the University of Texas School of Law. He has written more than 40 articles on health care law and policy, negotiation, contract law, and behavioral law and economics. Prior to entering law teaching, Russell graduated from Stanford University and Stanford Law School, clerked for the Honorable James L. Buckley of the U.S. Court of Appeals for the District of Columbia Circuit, and worked as an associate at the law firm of Covington & Burling in Washington, DC.

For the last two years, Russell's research has focused on the variety of public policy issues raised by stem cell research and regenerative medicine. Some of his recent articles include:
* Stem Cell Research and the Cloning Wars, 18 STAN. L. & POL'Y REV. 161 (2007)
* Buying and Selling Tissues for Stem Cell Research, 49 ARIZ. L. REV. 45 (2007).
* Embryonic Histrionics: A Critical Assessment of the Bush Stem Cell Policy and the Congressional Alternative, 47 JURIMETRICS J. 1 (2006).
* Autonomy and Informed Consent in Biomedical Research, 54 UCLA L. REV. 605 (2007).
* No-Compensation v. Pro-Compensation: Default Rules for Tissue Sales, 40 J. HEALTH L. 1 (2007).

Recently, Russell has published a new book, STEM CELL CENTURY: LAW AND POLICY FOR A BREAKTHROUGH TECHNOLOGY, hot off the presses from Yale University Press. He will primarily be blogging about issues related to his book this month.

Posted by Daniel J. Solove at 12:14 PM | Comments (0) | TrackBack

Introducing Guest Blogger Rick Swedloff

I am very pleased to announce that Rick Swedloff will be blogging with us this month. Rick is an Abraham L. Freedman Fellow at Temple University School of Law where he teaches Civil Procedure and Legal Research and Writing.

Rick received his B.A. from Haverford College and his J.D. from the University of Pennsylvania. After law school, Rick clerked for The Honorable Walter K. Stapleton on Third Circuit Court of Appeals and the Honorable Roderick R. McKelvie on the District Court for the District of Delaware. Prior to accepting his Fellowship at Temple, Rick worked as a litigation associate at Dechert, LLP.

Rick’s primary research interests include civil procedure, remedies, mass torts, and insurance. His most recent article is:

* Can’t Settle, Can’t Sue: How Congress Stole Tort Remedies from Medicare Beneficiaries

Welcome, Rick!

Posted by Dave Hoffman at 12:01 PM | Comments (0) | TrackBack

Introducing Guest Blogger Jeremy Blumenthal

We're pleased to welcome Jeremy Blumenthal as a guest blogger this month.

Jeremy teaches at Syracuse University College of Law, and is visiting at Cornell Law School to teach Criminal Law in Spring 2008. He earned his A.B., A.M., and Ph.D. in Social Psychology from Harvard University. He earned his Juris Doctor and graduated cum laude from the University of Pennsylvania Law School, where he was Editor-in-Chief of the University of Pennsylvania Journal of Constitutional Law and received several writing prizes. Prior to SUCOL, he was a Faculty Fellow at Seton Hall Law School, teaching 1L Property and Law and the Social Sciences. Previously, he clerked for the Honorable Maryanne Trump Barry of the U.S. Court of Appeals for the Third Circuit, and was an Associate for Latham & Watkins, LLP, in the Newark, NJ office. He has published widely on topics in law and psychology, including demeanor evidence, the reasonable woman standard, victim impact statements, and more generally on the role of social science in assisting the legal system. He has also published in the areas of evidence and comparative law. His most recent publications focus on paternalism; lay perceptions of crime; positive psychology; and the role of emotions in the legal system. Current research projects address topics in capital punishment, empirical work in law and psychology, and topics in property theory.

Publications (ssrn):

Emotional Paternalism, 35 Fla. St. U. L. Rev. (forthcoming 2008)

Law and the Emotions: The Problems of Affective Forecasting, 80 Ind. L.J. 155 (2005)

The Problem of the Two Ships Peerless, 35 Seton Hall L. Rev. 1097 (2005)

Law and Social Science in the Twenty-First Century, 12 S. Cal. Interdisc. L.J. 1 (2002)

A Wipe of the Hands, A Lick of the Lips: The Validity of Demeanor Evidence in Assessing Witness Credibility, 72 Neb. L. Rev. 1157 (1993)

Welcome, Jeremy!

Posted by Dave Hoffman at 08:00 AM | Comments (0) | TrackBack

Our 2,000,000th Visitor!

We just past our 2,000,000th visitor, a bare 11 odd months after our million-hit milestone. We also (relatively recently) quietly celebrated our second birthday as a blog.

We're all very grateful to have such an engaged and thoughtful readership, and we look forward to seeing some of you again in person at our upcoming happy hour.

Posted by Dave Hoffman at 04:01 PM | Comments (0) | TrackBack

Prawfs/Co-Op Law Blogger Happy Hour at AALS

I just wanted to announce that the annual AALS law blogger happy hour (that PrawfsBlawg and Concurring Opinions sponsor) will run 8:30 to 10:30 on Thursday, Jan. 3, at the fireplace room of the Library Bar at the Sheraton. Here are the details:

Thursday, Jan. 3, 2008, 8:30-10:30PM

Sheraton New York Hotel & Towers

811 7th Avenue (at 53rd Street)

212-581-1000

Fireplace Room within Library Bar

For all the night owls (or dilatory ducks) out there, I'm pretty sure festivities will continue in the Library Bar outside the fireplace room after 10:30. Should be a fun event!

As a resident of almost-but-not-quite-New-York, I'll also be doing a few posts in December on 1) transportation options in NYC and 2) good restaurants at various price levels. If anyone wants to suggest some restaurant ideas, feel free to comment below.

Photo Credit: Wallyg.

Posted by Frank Pasquale at 08:58 PM | Comments (0) | TrackBack

Concurring Opinions Makes the ABA Journal's Top 100 Law Blog List

I'm very pleased that Concurring Opinions has been selected for the ABA Journal's Blawg 100. According to the ABA Journal's site, it is listing "the 100 best Web sites by lawyers, for lawyers, as chosen by the editors of the ABA Journal."

The ABA Journal is also asking readers to vote for their favorites on their list, and we'd be delighted if you voted for us. Click the graphic below to go to the voting page.

Posted by Daniel J. Solove at 12:40 PM | Comments (0) | TrackBack

Introducing Guest Blogger Jeffrey Lipshaw

I'm very pleased to announce that Professor Jeffrey Lipshaw will be joining us as a guest blogger for the next month.

Jeff is an Associate Professor at Suffolk University Law School in Boston, where he teaches courses in the business and financial services concentration. He practiced for twenty-six years before entering legal academia, as an associate and partner in a large Detroit-based law firm, as the general counsel of the automotive division of AlliedSignal, and as the senior vice president and general counsel of Great Lakes Chemical Corporation. His advice to others seeking to breach the citadel walls of academia late in a legal career are capsuled in Memo to Lawyers: How Not to Retire and Teach, an article that prompted the dean of a "top five" law school to send an e-mail stating how much he enjoyed it, but also hoping that Jeff was also doing "serious work."

Jeff is a co-editor of Legal Profession Blog. He claims to operate "at the intersection of venture capital and Kantian philosophy." His recent publications include:

* Freedom, Compulsion, Compliance, and Mystery: Reflections on the Duty Not to Enforce a Promise, 3 Law, Culture and the Humanities 82 (2007)
* Law as Rationalization: Getting Beyond Reason to Business Ethics, 37 U. Tol. L. Rev. 959 (2006)

Posted by Daniel J. Solove at 12:41 AM | Comments (3) | TrackBack

How to Send Us Cool Stuff: Concurring Opinions Publicity Guidelines

As Concurring Opinions has grown, people have sent us books and other material to review. To help publicists or others who may want us to review material we have put together some guidelines for submissions and information about each of our interests.

Publicity Guidelines

Concurring Opinions is read by a highly-educated readership and receives approximately 80,000 to 100,000 unique visitors a month. We often receive books, CDs, DVDs, and other material to evaluate. We welcome receiving these items, and we frequently discuss books and movies on our blog.

If you are interested in sending us a book, DVD, etc., please read the information below, as it will increase the chances of us discussing it.

If you send one or more of us an item, there is no guarantee that we will write about it. But if we find it interesting, there’s a good chance we will. We each have different interests. To help you figure out to whom you may want to send something we have put together a contact/interests list below. Please take a look at the list and then feel free to send material to one or more of us when you think we’ll be interested in it. It is probably best to email us first before sending an item.

Contacting All of Us

Please click here to email all of us about your item. If any of us are interested, we will reply.

Contacting Us Individually

If you want to target some or all of us based on our individual interests, please feel free to contact one or more of us individually:

Daniel Solove
Privacy, Technology, National Security, Law and Literature, Social Network Sites, Government Surveillance, Constituional Theory, Sociology, Blogging, Criminal Procedure

Kaimi Wenger
Race, Civil Rights, Slavery, Corporate Law, Securities, Trusts and Estates, Property and Takings, Mormonism

Dave Hoffman
Behavioral Law and Economics, Contract Law, Securities Law, Dispute Resolution, Corporate Law, Legal Theory, Empirical Studies

Nate Oman
Contract, Philosophy of Private Law, Moral Theory, Economic Theory, Law and Religion, Mormonism

Frank Pasquale
Intellectual Property, Health Law, Economics, Philosophy, Social Science, Technology, Search Engines

Deven Desai
Information Theory, Intellectual Property, Trademark and Brand Theory, Marketing, Creativity Theory, Privacy, Technology, Philosophy, Rhetoric, History, Biography, Science Fiction, Pop Culture

Posted by Deven Desai at 06:21 PM

More Journals Join the Law Review Table of Contents Project

I'm pleased to announce that Boston University Law Review, California Law Review, Columbia Law Review, Minnesota Law Review, and the University of Pennsylvania Law Review will joining our Table of Contents Project.

Participating journals now include: Boston College, Boston University, California, Chicago, Columbia, Cornell, Duke, Emory, Fordham, Georgetown, GW, Harvard, Indiana, Michigan, Minnesota, NYU, Northwestern, Notre Dame, University of Pennsylvania Law Review, Southern California, Stanford, Texas, UCLA, Vanderbilt, Virginia, Washington University, Yale.

A few more invitations are still out, so we are hoping to add a few more to the list.

Posted by Daniel J. Solove at 04:48 PM | Comments (0) | TrackBack

Announcing the Law Review Table of Contents Project

I’m pleased to announce a new feature at Concurring Opinions – the Law Review Table of Contents Project. We have invited a number of the top law reviews to post the table of contents to their new issues and to provide links to the articles if they are posted on the law review’s website.

The goal of the Table of Contents Project is to provide you with a useful research tool. Finding out about the latest law review publications can be difficult. If you’re like me, you rarely read the physical issues of law reviews anymore; and you don’t have time to constantly keep checking each law review’s website to see if a new issue has been published. Now you don’t have to. Just keep reading Concurring Opinions, and information about the latest law review scholarship will be brought to you – all in one place!

Each journal’s tables of contents will be archived in two categories: (1) a category called Law Rev Contents – collecting all the law review table of contents postings; and (2) a category for each specific law review.

Participating law reviews thus far include:
* Boston College
* Chicago
* Columbia
* Cornell
* Duke
* Emory
* Fordham
* Georgetown
* GW
* Harvard
* Indiana
* Michigan
* Minnesota
* NYU
* Northwestern
* Notre Dame
* Southern California
* Stanford
* Texas
* UCLA
* Vanderbilt
* Virginia
* Washington University
* Yale

We still have a bunch of open invitations, so we anticipate that the number of participants will grow. Unfortunately, we cannot include all law reviews, as this will overwhelm the regular content of our blog.

We hope that you find this new feature to be helpful. We’re very excited about it here, as we believe that this will be of great use to keep you informed about new legal scholarship.

Posted by Daniel J. Solove at 12:10 AM | Comments (7) | TrackBack

Introducing Guest Blogger Sarah Waldeck

I'm very pleased to announce that Professor Sarah Waldeck will be joining us as a guest blogger for this month. Sarah is a professor of law at Seton Hall University. She received her B.A. from Cornell University and her J.D. from the University of Wisconsin, where she was Editor-in-Chief of the Wisconsin Law Review. She clerked for Judge Richard Cudahy on the Seventh Circuit Court of Appeals. Prior to joining the Seton Hall faculty, she was a Bigelow Fellow at the University of Chicago Law School. At Seton Hall, she teaches a variety of courses related to property and estates and trusts law, and, on occasion, criminal law.

Sarah's scholarship focuses on the connections between law and cultural norms. Her work addresses topics such as charitable giving and the estate tax, circumcision, and electronic payment systems. She is currently working on a piece about families, tenancies-in-common, and inherited second homes. Some of her recent papers include:

* Influencing Public Preferences in the Era of Electronic Payment Options (with R. Erik Lillquist)
* An Appeal to Charity: Using Philanthropy to Revitalize the Estate Tax, 25 Va. Tax. Rev. (2005)
* Using Male Circumcision to Understand Social Norms as Multipliers, 72 U. Cincinnati L. Rev. 455 (2003)

Posted by Daniel J. Solove at 12:16 AM | Comments (0) | TrackBack

Introducing Guest Blogger Anita S. Krishnakumar

I'm delighted to introduce Professor Anita S. Krishnakumar (St. John's School of Law), who will be guest blogging with us for the next month.

Anita teaches Legislation, Introduction to Law, and Trusts and Estates. She received her J.D. from Yale University, and her B.A. from the Stanford University. Before joining the St. John’s faculty in 2006, she visited at Touro Law School from 2004-06. Prior to entering law teaching, she worked as an associate in the appellate litigation group at Mayer, Brown, Rowe & Maw, and as a litigation associate at Cleary, Gottlieb, Steen, & Hamilton. Before that, she was as a law clerk for Jose A. Cabranes of the 2nd Circuit Court of Appeals.

Anita's current research focuses on legislative solutions to legislative process dysfunctions, recent trends in the Supreme Court’s statutory interpretation cases, judicial treatment of political parties, and election law.

Her publications include:

* Towards A Madisonian “Interest-Group” Approach To Lobbying Regulation, 58 Alabama Law Review 513 (2007)
* In Defense of the Debt Limit Statute, 42 Harvard J. on Legis. 135 (2005)
* On the Evolution of the Canonical Dissent in Supreme Court Jurisprudence, 52 Rutgers Law Review 781 (2000)
* Reconciliation and the Fiscal Constitution: The Anatomy of the 1995-96 Budget Train Wreck, 35 Harvard J. on Legis. 589 (1998)

Posted by Daniel J. Solove at 12:08 AM | Comments (0) | TrackBack

Introducing Guest Blogger Jack Chin