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Prior to his retirement during the summer of 2009, Professor Marcin completed editing the third editions of the three casebooks that he co-authors: The American Constitutional Order: History Cases, and Philosophy; the History, Philosophy, and Structure of the American Constitution; and Individual Rights and the American Constitution. The 3rd Editions will be published by LexisNexis in early 2009. He presented the casebooks at a "Meet the Author" session conducted by LexisNexis at the Annual Conference of the Association of American Law Schools in San Diego in January. Publications Professor Marcin's article, "God's Littlest Children and the Right to Live: The Case for a Positivist Pro-Life Overruling of Roe" will be published in the next issue of the Journal of Contemporary Health Law and Policy. |
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Professor Michael Noone |
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2010
Professor Noone attended the Global Intelligence Forum in Dungarvan, Ireland from July 11-14. The forum was sponsored by Mercyhurst College's Intitute for Intelligence Studies. Professor Michael Noone participated in a conference at Duke University Law School from April 14 to 16, 2010, that was sponsored by the Center on Law, Ethics, and National Security. The conference theme was "Security Challenges to the Obama Administration After One Year in Office." Professor Noone was one of three panelists discussing alternative fora for trying terrorists.
"In The Security Sector Legislation of the Federal Democratic Republic of Nepal," Hari Phuyal and Marlene Urscheler, eds. (Brambauer Publishers, Hungary, 2009).
Commentaries on the Armed Police Force Act and Regulation" (pp. 39-44); the Arms and Ammunition Act and Regulation (45-46); the Explosive Substance Act (47-50); the Act of Some Public Offences and Penalties (51-58); the Prison Act and Regulations (59-60).
Book Review. Maha.bharata Book 6, Bishma, Volume 1 Translated by Alex Cherniak, New York City: Clay Sanskrit Library/New York University Press, 2008. 74 Journal of Military History (Oct. 2010) pp. 1256-1258.
Recent Media Professor Noone was interviewed by the Associated Press on March 30, 2011, about the religious makeup of the United States Armed Forces, and particularly the growth of service personnel who have no particular religious affiliation. |
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Rev. Raymond C. O'Brien |
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Rev. O'Brien taught the Virginia trusts and estates material for BAR/BRI in preparation for the February 2009 bar exam, and began his twenty-second year teaching decedents' estates at the Georgetown University Law Center. Also, in January, he traveled to New York City to baptize the first child of Dan and Ann Roque, Rosemary Catherine. Dan is a graduate of CUA law school. Publications Rev. Raymond C. O'Brien recently published his article "The Momentum of Posthumous Conception: A Model Act," in 258 J. of Contemporary Health & Law Policy 332 (2009). Excerpts from the introduction to his article were published on June 23, 2009 on Wills, Trusts and Estates Prof Blog, a member of the Law Professors Blogs Network. |
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Professor Sandy Ogilvy |
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Professional Activities 2011
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Professor Antonio Perez |
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Professional Activities Professor Perez was a coach of seven-member Catholic University 2010 Vis Moot Court team, which competed against hundreds of other law school teams from around the world in Vienna, Austria during the final week of March, 2010. The annual William C. Vis International Commercial Arbitration Moot has grown into one of the world’s largest, attracting law school teams from 50 nations. The goal of the Vis moot is to foster the study of international commercial law and arbitration for resolution of international business disputes.
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Professor Kenneth Pennington |
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Professional Activities 2011 Professor Pennington received a grant of $20,000 from the Ames Foundation of the Harvard Law School to update his Web site, “Medieval and Early Modern Jurists.” The grant provides stipends for two students to work with him on the project from September 2011 to May 2012. After the work is complete the site will be hosted at CUA and at http://amesfoundation.law.harvard.edu/
Professor Pennington gave a lecture on April 21, 2011 at Columbia University in New York City to the Society of Fellows in the Humanities on “The Evidence of Torture.” The lecture was part of a semester long program on the topic of evidence. 2010 Professor Pennington is the recipient of the first annual "Excellence in Teaching" Award from the American Catholic Historical Association, the only scholar designated with that honor in 2010. He was formally recognized at a banquet in Boston on Jan. 8, 2011. The award honors a college or university professor who has taught beyond the expected requirements of their position and through their influence and skill, promoted Catholic studies from one generation of scholars to another.
Professor Pennington delivered an address,“The Roots of Democracy in Canon Law” at Catholic University on Sept. 14, 2010 as part of its Constitution Week lecture series and the Dialogue on Demand lecture series for undergraduates.
Professor Pennington delivered a lecture in Erice, Italy on Oct. 10, 2010. Speaking at the Centre Ettore Majorana, he discussed “The Principle of Due Process, the Women of Naples, and Statutes contra the Norms of the Ius commune.” A week later he attended a meeting of the board of scholarly advisors of the Pope John XXIII Foundation for Religious Studies in Bologna. Pennington has served on board since 2002. Professor Pennington’s lecture, “The Statute of Pisa, Authenticae, and Roman Jurists in the Early Twelfth Century: The Context is Everything” was delivered in early March in Leuven, Belgium, at an EU conference for Ph.D. candidates at European universities. The meeting, titled “Undoing Law, Framing Contexts. Normativity across the Disciplines,” was designed to encourage a reflection on the concepts of law and context, bringing together scholars with different academic backgrounds but with a common interest in law. On Feb. 26, Pennington was in Madrid giving a talk to students of canon law at the Facultad de Teología “San Dámaso” on the origins of the norms of liberty and consent in canonical jurisprudence of the Middle Ages.
Essay: "Rights," Oxford Handbook of the History of Political Philosophy, ed. George Klosko (Oxford: Oxford University Press, 2011) 530-543 Professor Pennington is the author of “Torture and Fear: Enemies of Justice,@ Rivista internazionale di diritto comune 19 (2008) 203-242 (Dec. 2009); and “Roman Law, 12th Century Law and Legislation,” Von der Ordunug zur Norm: Statuten in Mittelalter und Früher Neuzeit. Edited by Gisela Drossbach (Paderborn-München-Wien-Zürich: Ferdinand Schöningh, 2010) 17-38
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Professional Activities On Oct. 19, Professor Rienzi returned to the Capitol to participate in a panel discussion of religious freedom issues in the healthcare field, sponsored by the Becket Fund for Religious Liberty. He discussed the recent HHS regulations requiring most employers to purchase insurance for contraception, sterilizations, and arguably some abortions.
Professor Rienzi was among the panelists for “New Conscience Regulations from the Department of Health & Human Services: Do they Strike the Right Balance between Conscience and the Medical Profession?” a symposium on April 14, 2011, that was sponsored by the Federalist Society’s Religious Liberties Practice Group at Georgetown University Law Center. On April 9, Professor Mark Rienzi spoke on two panels at Columbia Law School as part of a symposium, "Looking Back, Looking Forward: Pro-Life Strategy and Jurisprudence for the 21st Century." Rienzi spoke about the intersection of abortion law and the First Amendment as part of a panel discussing the speech rights of sidewalk counselors at abortion clinics.
On March10, Professor Rienzi spoke at Boston College at a conference, “Abortion Clinic Access vs. the First Amendment,” that examined whether the Massachusetts "buffer zone" law is unconstitutional.
Recent Media Professor Rienzi was quoted in the May 24, 2010 edition of the Washington Times about the First Amendment implications of speech regulations in Maryland that require disclaimers from pro-life pregnancy counselors, but not their pro-choice counterparts.
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Professional Activities Commenter, The Inaugural Junior Faculty Business and Financial Law Workshop, George Washington University Law School (April 2, 2011)
Presenter, “United Kingdom and United States Responses to the Financial Crisis,” The European Union 20 Years After Maastrict – Transatlantic Perspectives, Tulane University Law School (March 25, 2011)
Speaker, U.S. Financial System and the Global Economy, International Visitor Leadership Program, U.S. Department of State (March 15, 2011)
Respondent, 2011 Student Scholar Series, Columbus School of Law, The Catholic University of America (Feb. 17, 2011)
Moderator, AALS Annual Meeting, Section on Financial Institutions and Consumer Financial Services, Section Breakfast Panel, San Francisco (Jan. 7, 2011)
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Professor Marin Scordato |
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Professional Activities/Scholarship Citations This article was also cited by Boris I. Bittker and Brannon P. Denning in their book, "Bittker on the Regulation of Interstate and Foreign Commerce," (Aspen, 2011) (Chapter 5, Federalization of Local Activities; Section 5.06, Federal Preemption: Introduction).
This article has also been cited by Andrew R. Simank in Deliberately Defrauding Investors: The Scope of Liability, 42 St. Mary’s Law Journal 253 (2010). His 2008 article, Understanding the Absence of a Duty to Reasonably Rescue in American Tort Law, 82 Tulane Law Review 1447 (2008), has been cited by Marshall S. Shapo, the Frederic P. Vose Professor of Law at Northwestern University School of Law, in An Essay on Torts: States of Argument, 38 Pepperdine Law Review 579 (2011).
His 2004 article, Evidentiary Surrogacy and Risk Allocation: Understanding Imputed Knowledge and Notice in Modern Agency Law, 10 Fordham Journal of Corporate & Financial Law 129 (2004), has been cited by Vincenzo Iuppa in When Efficiency Arguments Fail: The Counter-Intuitive Effects of Amended Rule 78.07(C), 76 Missouri Law Review 213 (2011).
His 1990 article, The Dualist Model of Legal Teaching and Scholarship, 40 American University Law Review 367 (1990) has been cited by Michael P. O’Connor in Perish the Thought of Publication?: Scholarship’s Critical Role in Effective Teaching, 3 Phoenix Law Review 417 (2010).
Marin Roger Scordato, “The International Legal Environment for Serious Political Reporting Has Fundamentally Changed: Understanding the Revolutionary New Era of English Defamation Law,” 40 Connecticut Law Review 165 (2007), was cited in Daniel C. Taylor, “Libel Tourism: Protecting Authors and Preserving Comity,” 99 Georgetown Law Journal 189 (2010). Marin Roger Scordato, “Federal Preemption of State Tort Claims,” 35 U.C. Davis Law Review 1 (2001), cited in Barbara Kritchevsky, “Tort Law is State Law: Why Courts Should Distinguish State and Federal Law in Negligence-Per-Se Litigation,” 60 American University Law Review 71 (2010).
Marin Roger Scordato, “Distinction without a Difference: A Reappraisal of the Doctrine of Prior Restraint,” 68 North Carolina Law Review 1 (1989). Cited in Smolla & Nimmer, SMOLLA & NIMMER ON FREEDOM OF SPEECH (2010)
Marin Roger Scordato, “Evidentiary Surrogacy and Risk Allocation: Understanding Imputed Knowledge and Notice in Modern Agency Law,” 10 Fordham Journal of Corporate & Financial Law 129 (2004)
Cited in Brief for Defendants-Respondents to the Court of Appeals of New York in the case of Kirschner v. Beckenham Trading Company, Inc.
Marin Roger Scordato, “Reflections on the Nature of Legal Scholarship in the Post-Realist Era,” 48 Santa Clara Law Review 353 (2008)
Cited in Michael P. O’Connor, “Perish the Thought of Publication?: Scholarship’s Critical Role in Effective Teaching,” 3 Phoenix Law Review 417 (2010) Marin Roger Scordato, "The Dualist Model of Legal Teaching and Scholarship," 40 American University Law Review 367 (1990), was cited by Brent E. Newton in "Preaching What They Don’t Practice: Why Law Faculties’ Preoccupation with Impractical Scholarship and Devaluation of Practical Competencies Obstruct Reform in the Legal Academy," 62 South Carolina Law Review 105 (2010).
Publications
“A Bold Challenge to the Conventional Narrative on Formalism and Realism,” an essay review of Brian Tamanaha’s Beyond the Formalist-Realist Divide (Princeton Univ. Press), 46 University of Richmond Law Review (2011, forthcoming).
“Innocent Threats, Concealed Consent and the Necessary Presence of Strict Liability in Traditional Fault-Based Tort Law,” 37 Pepperdine Law Review
(2010). Professor Scordato’s papers listed with the eLibrary of the Social Science Research Network have been downloaded more than one thousand times as of April, 2011. Nearly 200 downloads were within the past 12 months, and Scordato’s work garnered 5,298 views of abstracts.
Professor Scordato’s paper, "Post-Realist Blues: Formalism, Instrumentalism and the Hybrid Nature of Common Law Jurisprudence", was recently listed on SSRN's Top Ten download list for LSN: Appellate Review (Topic) and LSN: Limitations on Judicial Review (Topic). As of Dec. 30, 2010, it had been downloaded 90 times.
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Professor Lucia Silecchia |
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2010 June 5: She presented a paper at the annual conference of University Faculty for Life, hosted this year here at Catholic University. Her topic was “Toward a Pro-Life Environmental Movement.”
August 2: Professor Silecchia served as a panelist at the annual conference of the Southeastern Association of Law Schools (SEALS) in Palm Beach FL. Her panel was titled: The Changing Worlds of Trusts and Estates: Scholarship.”
The Association of American Law School’s Workshop on Property (New York City, June 10)
New York State Bar Association program on Advanced Document Drafting for the Elder Law Practitioner (New York City, June 21).
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Professor Karla Simon |
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2012 Professor Simon was a featured speaker at the "International Symposium on Outsourcing Government-Financed Social Services to Civil Society Organizations," held on Dec. 10 and 11 in Shanghai, China. Simon and her fellow panelists explored the expanding role of civil society organizations in China as providers of social services.
Professor Simon delivered a lecture, “Civil Society Organizations in China: Background and Recent Developments,” at Johns Hopkins University on Sept. 19. Professor Simon was among the speakers on July 25, 2011, for “China 101: An Introduction to Issues in the U.S.-China Relationship,” a six-week seminar series that focused on the People's Republic of China and the U.S.-China relationship. The seminar was held at the request of senior leadership and staff in Congress.
Professor Simon published an article, “Shenzhen Reforms: The Test of the Municipal Experiments,” in Chinese in the magazine Social Entrepreneurs in April, 2011. Professor Simon was among the invited speakers at the “Conference on Civil Society and Nonprofits in China,” held by the Hauser Center for Nonprofit Organizations at Harvard University from Jan. 21 to 23, 2011. She spoke as part of a panel that dealt with the regulation of nonprofits and policy evolution, addressing her remarks specifically to the legal and policy environment for civil society in today's China with an emphasis on philanthropy. 2010 Professor Simon has begun a new listserv for people interested in civil society in China. Hosted by CUA Law School and launched in October, 2010, it already has over 300 subscribers. They include legal academics, academics in other disciplines, practitioners, and journalists. Subscribers live in many parts of the world, including China.
Professor Simon’s paper, "Two Steps Forward One Step Back - Developments in the Regulation of Civil Society Organizations in China", was recently listed on SSRN's Top Ten download list for Asian Law. As of mid-February, it has been downloaded 35 times. View the abstract.
Professor Simon’s article, “Enabling Civil Society in Japan: Reform of the Legal and Regulatory Framework for Public Benefit Organizations,” was published as the lead article in the fall, 2009 issue of the Journal of Japanese Law (Vol. 14, No. 28).
Professor Simon recently led a study tour for the Aga Khan Foundation for government officials and nonprofit sector professionals from East African countries (Kenya, Tanzania, and Uganda) to South Africa. The group visited government agencies involved in the nonprofit sector in South Africa, as well as community organizations that provide public benefit services. Recent Media Publications
Professor Simon’s paper, "The Regulation of Civil Society Organizations in China," was listed on SSRN's Top Ten download list for ERN: Institutions and Management. As of Jan. 14, 2012, it had been downloaded 176 times.
Conferences and Symposia Professor Simon spoke at a “Leading Developments in Chinese Law Conference,” held at UCLA School of Law on March 5, 2010. She was also an invited speaker at “Half a Century of Asian Law: A Celebration of Prof. Jerome Cohen,” on Feb. 19, 2010. The conference marked the 80th birthday of the noted NYU Law School professor. |
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Professor George Smith |
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Professional Activities
Smith had an appointment as the Parsons Visiting Professor of Law at the University of Sydney Law School, Australia, in August. The month before, he served as visiting professor of law at the University of Melbourne, Australia. And in June, 2010, Smith was a visiting fellow at the Institute for Law and Ethics in Medicine at the University of Glasgow, Scotland. He also spent time as a visiting fellow at Wolfson College Cambridge, where he completed the research and writing of his 15th book manuscript, “Bioethical Intersections Along the Mortal Coil.” Publications |
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Professor William Wagner |
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Professional Activities 2010
Professor Wagner organized and moderated “The Nature of Judicial Authority: A Reflection on Philip Hamburger's Law and Judicial Duty,” held at the law school on April 8 and 9, 2010. The symposium gathered leading scholars in the areas of the history of law and politics, constitutional law and jurisprudence to take up the ideas posed by Hamburger’s book, “Law and Judicial Duty.” The discussion was presented by CUA’s Center for Law, Philosophy and Culture.
In late November, Professor Wagner traveled to Poland to deliver a paper, "Judicial Independence and Claims of Executive Branch Authority," at the International Conference on International Standards of Judicial Independence: Comparative Analysis and Challenges of Implementation, held at the Jagiellonian University in Krakow. On Nov. 6, the Center for Law, Philosophy and Culture sponsored a panel that discussed "Counseling Clients Who Confront Complex and Competing Obligations." The four panelists considered an attorney's ethical responsibilities to clients who are experiencing potential conflicts among their obligations. Discussants included Michael F. Curtin, partner, Curtin Law Roberson Dunigan & Salans, P.C.; Stephen M. Goldman, distinguished lecturer, Columbus School of Law; Anthony Picarello Jr., general counsel, United States Conference of Catholic Bishops and Carolyn Williams, partner, Williams & Connolly LLP. |
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Professional Activities Professor Winston was the co-organizer, along with Professor Megan La Belle, of “The Ethical Ramifications of Therasense,” a symposium sponsored by Catholic University’s law school as the first installment of its 2010-2011 series at the National Press Club in downtown Washington, D.C. The Sept. 27 program explored the consequences of expected changes to the “inequitable conduct” doctrine, under which courts refuse to enforce otherwise valid patents based on findings that the patent owner engaged in inappropriate conduct during the patent application process. Professor Winston was one of three legal experts to participate in a webinar sponsored by the Intellectual Property Owners Association on Sept. 30, 2010. “False Marking Update: New Twists and Turns” examined recent federal circuit court decisions on false marking that send mixed signals to both defendants and plaintiffs.
Professor Winston was quoted in the March 1, 2010 edition of Inside Counsel for a story, “Marked for Trouble: Ruling Turns False Marking Statute on its Head.” The article addressed a new ruling that may require patent owners to be more vigilant about marking their products as patented.
An article of Winston’s about false marking was also referenced in the blog Patentlyo:
…Patent Reform: In her recent article, Professor Winston (Catholic U) has argued that the rules of false-marking should be shifted to place more of a burden onto the patentee to avoid false marking. Winston would ease the proof necessary for to prove "intent to deceive the public." Professor Winston’s most recent article, “Harmonizing Antitrust and Patent Law,” was recently listed on SSRN's Top Ten download list for Antitrust: Antitrust Law & Policy eJournal and LSN: Patent Law/Intellectual Property. As of Oct. 7, 2011, the paper has been downloaded 105 times. The article is forthcoming in the Lewis & Clark Law Review.
Professor Winston’s article, “Clarifying the Doctrine of Inequitable Conduct,” was published by the John Marshall Review of Intellectual Property Law, 10 J. MARSHALL REV. INTELL. PROP. L. 277 (2011).
Professor Winston’s “The Flawed Nature of the False Marking Statute,” 77 Tenn. L. Rev. 111 (2009) was selected for inclusion is the 2010 edition of Intellectual Property Law Review for having “been judged one of the best law review articles related to intellectual property law published within the last year.” |
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Professional Activities
On Aug. 5, Professor Wortham taught a session on “Regulation of Business: Law Firms and Professional Responsibility” as part of the Orientation to the U.S. Legal System program for foreign lawyers conducted by the International Law Institute.
On June 27, she gave an address, “Impact on Globalization and Technology on the Legal Profession” for the certificate ceremony for the American, Austrian, French, and Ukrainian Law programs at Jagiellonian University in Krakow, Poland.
In 2010-11, Professor Wortham completed her third year as a non-resident international scholar in the academic fellows program funded by the Open Society Institute Higher Education Support Program. The program’s objective is to strengthen academic departments in 11 disciplines including law. Thus far, Professor Wortham has worked with the American University of Central Asia in Bishkek, Kyrgyzstan, and next year will be the international scholar for Tbilisi State University in Georgia. In 2010-11 she also served as the coordinator for the Law Disciplinary Group and will do so again for 2011-12. This entails planning the twice-yearly training conferences for the junior academics from the eight law departments in the AFP program representing universities in Albania, Armenia, Azerbaijan, Kyrgyzstan, Moldova, Russia, and Ukraine.
More than 150 educators from 21 countries attended the conference. Professors Klein and Wortham presented to colleagues on the factors that motivate people to perform at a high level in the discharge of creative and complex tasks.
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