The Catholic University of America

Faculty Activities

Professor Margaret Barry


Professional Activities

Professor Barry taught a session on collaboration at the AALS  New Clinical Teachers Conference on June 19-20, 2010, in Washington.  

Professor Margaret was recognized by peers for the conclusion of her two years of service as co-president of the Society of American Law Teachers at the annual conference of the Association of American Law Schools, held in New Orleans from Jan. 6 to 10, 2010. Six Catholic University law professors offered presentations and discussions before fellow legal educators at the AALS conference.

Professor Barry participated in the 3rd annual "Legal Education at the Crossroads" conference, held at the University of Denver Sturm College of Law from Sept. 11 to 13, 2009.

Along with two colleagues from other law schools, Barry and fellow CUA law Professor Catherine Klein led a workshop called "Encouraging Self-Assessment: The Essential Skill," a topic that fit in nicely with the theme of this year's conference, "Assessment Demystified, Demonstrated, and Deployed: Driving Curriculum Reform at your Law School."

Professor Barry was also honored as the 2009 recipient of the William Pincus Award, given at the clinical section luncheon at the AALS conference in San Diego, CA. on Jan. 7, 2009. The Pincus Award honors clinical legal educators who have demonstrated excellence in service, scholarship, program design and implementation, and other activity beneficial to clinical education or to the advancement of justice.

Barry was found by the Pincus Award review committee to "have been a tireless advocate for clinical legal education, and she has fought to protect and enhance the role of clinics and clinical faculty in law schools in numerous ways. In addition to help to build a strong clinical program in her own law school where she is an inspiring teacher, she has contributed to the development of clinical legal education in the United States and in other countries through her work with many organizations and by mentoring other clinical faculty."

During the same conference, Barry was also a panelist on the AALS's third Presidential Program, "Associational Pluralism," which examined the rise in recent years of parallel organizations for attorneys such as the Federalist Society, the Society of American Law Teachers, the National Association of Scholars, the Law Professors Christian Fellowship, and the American Constitution Society. 

Professor Marshall Breger


Professional Activities

2010

Professor Breger was part of a panel discussion on “The Jerusalem Old City Initiative: Sustainable Governance Solutions,” held on May 5, 2010, in Washington, D.C. The conference is sponsored by The Middle East Institute and The University of Windsor, Ontario, Canada. The Jerusalem Old City Initiative was conceived by three former Canadian diplomats in the wake of the failure of the Camp David talks in 2000. Other speakers at the event included former National Security Advisor Zbigniew Brzezinski.

2009

He served as moderator "What Jewish Should Know: Rumblings in the Church," a discussion of Catholic-Jewish Relations held on April 27, 2009 at the Jewish Community Center of Greater Washington.

Professor Breger was a signatory in Jan., 2009, to the "Proposal to the President-Elect for the First 100 Days on the Arab-Israeli Dispute and the Crisis in Gaza," a position paper put forth by the Israel Policy Forum. The group of foreign policy experts urged the Obama Administration to execute a game plan that features the arrangement, through intermediaries, a long-term armistice (at least 10 years) in which there will be absolutely no attacks on Israel of any kind and the end to the smuggling of weapons by Hamas, in exchange for the lifting of the blockade by Israel in a way that will not recognize Hamas as the legitimate authority in Gaza.

Professor Breger was a panel discussant on "The Status of Jerusalem," sponsored by the Center for American Progress and held on June 3, 2009. The discussion focused on the multiple challenges Jerusalem poses to any resolution to the Israeli-Palestinian and broader Arab-Israeli conflict and how they might be resolved. 


Publications


Professor Breger is the author of “A Republican’s Case for Peace,” published online in the May-June issue of Moment Magazine. Breger’s opinion essay was also referenced by MJ Rosenberg in Foreign Policy Matters.

Up upcoming book about the role of holy places in Israel and Palestinian territories, edited by Professor Marshall Breger, was discussed in a March 1, 2010 article in the online edition of the Jerusalem Post. Borderline Views: The myth of heritage sites," explored whether physical places have any inherent sanctity. 
 
Professor Marshall Breger is a co-author of "After Cairo and Iran: Next Steps for U.S. Diplomacy in the Middle East," published on July 15, 2009 by The Israel Policy Forum. The IPF develops policy, advocacy, commentary and analysis in support of U.S. diplomacy in the Middle East. The paper makes recommendations to the U.S. government on its Middle East policy. Among others, the authors outline how President Barack Obama should implement the policies announced in his May 2009 speech in Cairo.

Professor Breger was the author of "Vatican Relations Can Go Two Ways," published in Washington Jewish Week on Feb. 19, 2009.

Recent Media

Professor Breger was quoted in the Toronto Star on May 12, 2010 in its story, “Jerusalem is Golden to Two Embattled Peoples.” 

Professor Breger was interviewed on June 8, 2009 by Al-Ikhbariya News Channel (Saudi Arabia News channel) on the subject of the Middle East Dialogue Program he runs with Professor Robert Destro.  
 

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Professor Roger Colinvaux

Professional Activities/Presentations

Law and Society Association, “The Pension Protection Act of 2006: The Beginning or the End of Reform of the Status of Charitable Organizations” May 28, 2010 (Chicago, IL).
 
Professor Colinvaux organized and moderated “Philanthropy in the 21st Century: Should All Charities Be Created Equal?” held at the National Press Club on April 14, 2010. The symposium invited four experts to discuss the treatment of charitable organizations by the tax code, and whether changes are needed. The event was reported on in The Chronicle of Philanthropy, among other media outlets.
 

Lincoln Institute of Land Policy, “What is the Value of Conservation Easements Under the Internal Revenue Code?” Mar. 19, 2010 (Cambridge, MA).

Professor Colinvaux was elected Chair of the ABA Tax Section, Important Developments Subcommittee of the Exempt Organizations Committee in August, 2009.

 

Panels Organized and Moderated for the DC Bar, Tax Section

"Current Developments Relating to Colleges and Universities," May 26, 2010.

"Health Care Reform Legislation: What Does it Mean for Exempt Organizations?" April 28, 2010.

"Governance of Charitable Organizations: How Does or Should Governance Factor Into Exempt Status, On Audit or Otherwise?" Mar. 24, 2010.
"The Exempt Organization Update From the IRS," Dec. 9, 2009.
 

"The New Supporting Organization Regulations," Oct. 22, 2009.

"Future of the Charitable Deduction in Light of the Obama Administration Proposal to Limit the Value of Itemized Deductions," May 27, 2009,

"Nonprofits in Financial Distress: Possible Regulatory Responses," May 18, 2009. 

Earlier in the month, Colinvaux attended the May meeting of the Tax Section of the American Bar Association.In late March, he convened and moderated a panel sponsored by the D.C. Bar titled "The Investment of Charitable Assets: UPMIFA and the Ramifications of a Downturn."

"Hospitals in the Spotlight. The IRS Hospital Report: Public and Private Views," Feb. 26, 2009. 

On March 10, he spoke on a panel that followed remarks by Sen. Charles Grassley (R-Iowa) at an event called "Nonprofits in a World of Change," hosted by the Buchanan Ingersoll law firm. His remarks were reported in BNA's Daily Tax Report.

On Oct. 29, 2008, he participated in a roundtable discussion in Washington D.C. about political campaign intervention by section 501(c)(3) organizations. The roundtable was sponsored by the editor of the Exempt Organization Tax Journal. An account of the discussion, including quotes from Colinvaux, appeared in the Oct. 30 edition of Tax Notes Today.

He also participated in a conference at New York University School of Law on Oct. 23 and 24 that was titled "Structures at the Seam: The Architecture of Charities' Commercial Activities." The event was sponsored by the National Center on Philanthropy and the Law.

On Oct. 15, Colinvaux spoke at the D.C. Bar about changes to the new IRS Form that tax-exempt organizations must file.

Recent Media

The New York Times: “Nonprofit Advocate Carves Out a For-Profit Niche” (June 18, 2010).

BNA, Daily Tax Report: “Tax Status for Quasi-Charitable, For-Profits May Be Needed, Senate Finance Aide Says (Apr. 19, 2010).

BNA, Daily Tax Report: “Tax Technical Corrections Legislation on Fast Track After House Introduction” (Dec. 3, 2009).

EO Tax Today: “Charitable Giving Incentives for Disaster Relief Could Be Trend, Aide Says” (quoted Apr.15, 2010).

Chronicle of Philanthropy: "A Taxing Proposition" )March 12, 2009).


 

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Professor Robert Destro

Professional Activities

2010

Professor Destro was the organizer and host of “Religion and the Secular State: Comparative Perspectives," a conference held at CUA Law on July 30 and 31. The event brought together academics and intellectuals from 20 nations to discuss the evolving relationship between organized religion and secular governments.

Publications

Professor Robert Destro is the author of "Learning Neurology the Hard Way: The Terri Schiavo Case and the Ethics of Effective Representation," published in May, 2009 in Mississippi Law Journal of the University of Mississippi.

Recent Media

Professor Destro was quoted in the New York Times on Dec. 5, 2009 for an article about the rise of e-books taking the place of printed texts in the classroom.

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The conference at CUA Law was itself a subset of a larger event, The XVIIIth International Congress of Comparative Law, held July 25 - August 1 in Washington, D.C. More than 450 attendees from 56 countries were represented at the international congress.  
 
Professor Cara Drinan

Professional Activities

2010
Professor Cara Drinan contributed an essay, "Advice for New Law Teachers: Be Your Authentic Self" for the summer 2010 newsletter from Women in Legal Education.

Professor Drinan’s issue brief, “A Legislative Approach to Indigent Defense Reform,” was distributed in July by The American Constitution Society for Law and Policy to its print and web readers. Professor Drinan's brief is the first in a series that ACS will publish focused on ideas about a possible federal role in improving indigent defense systems in states around the country. 
 
In her work, Drinan proposes a piece of legislation that would allow federal courts to hear claims alleging that a state has systemically violated the Sixth Amendment right to counsel. 

Recent Media
Professor Drinan was quoted in an Aug. 22, 2010 article published by Missouri Lawyers Media, “Scholars debate federal ‘bailout’ of defender systems.” She commented upon reports that the White House or U.S. Department of Justice may float a proposal to aid states in indigent defense. Drinan has drafted a federal statute that would allow state public defender clients to file pretrial ineffective assistance of counsel claims in federal court. Her measure would allow a class of plaintiffs to sue a state for its inadequate defense system.


 

Professor Sarah Duggin


Professional Activities

2010

Professor Duggin conceived, organized and moderated “Innovative Approaches to Advancing Corporate Morality,” the third in a series of CUA Law symposia held at the National Press Club in Washington, D.C. She assembled a panel of four experts for a two-hour examination of corporate philanthropy, ethics and honesty. Professor Stephen Goldman assisted Professor Duggin in planning and organizing the symposium. 


Recent Media

Professor Sarah Duggin was quoted in a Feb. 10, 2009 WorldNetDaily report about a lawsuit that accuses Congress of failing to investigate President Obama's birthplace before approving the Electoral College vote giving him the presidency. The story referred to an earlier interview Duggin did with the Washington Post, in which she said that the Constitution is ambiguous about the meaning of "natural born citizen," a requirement for the presidency.

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Professor Susanna Fischer


Professional Activities

Professor Susanna Fischer presented "A Fair Use Massacre? Automated Filtering Systems, Copyright Infringement, and the Future of YouTube," at a symposium that explored explore the changing world of copyright law in the digital age on Feb. 20, 2009. Organized by the University of Virginia School of Law, the symposium was titled "Copyright at a Crossroads: How the Digital Age is Changing the Game." It featured presenters from academia, private practice and groups such as the Future of Music Coalition and examined the rapid emergence of technologies such as peer-to-peer music sharing and streaming online video.

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Professor Clifford S. Fishman


Professional Activities

In July, in Memphis, TN, Prof. Fishman presented a tutorial, Search, Seizure and Technology, to the National Technical Investigators Association. After a side trip to Vicksburg, Miss., to tour the Civil War battlefields (he happily reports that "Not one person referred to it as 'The War of Yankee Aggression'"), he returned to Memphis, gave another Search, Seizure and Technology presentation to the National Black Prosecutor's Association, and visited Graceland ("Nowhere near as tacky as I thought it would be") and the National Civil Rights Museum ("superb, awesome, excellent"). He and his wife Betty also made several trips this summer to "Grandsonland," which is located somewhere near Boston.

Recent Media

Professor Fishman did a radio interview on April 7 for the Drew Mariani Show about a prosecutor's decision to try an 11-year old as an adult. The boy is accused of shooting and killing his father's pregnant girlfriend while she slept. The radio program is produced by Relevant Radio of Green Bay, WI.

Professor Fishman was quoted in the March 26, 2010 edition of the Washington Examiner for an article about sentencing in the criminal charges brought against NBA star Gilbert Arenas. 

Professor Fishman was a guest on the Drew Mariani Show, broadcast by Relevant Radio, on March 17, 2010. He discussed a new proposal to take DNA samples from anyone who is arrested and keep them permanently in a national law enforcement data bank.

An interview that Professor Clifford S. Fishman gave to LancasterOnline.com about the permissible use of video surveillance cameras was referenced in the Aug. 18 edition of the online blog Video Surveillance.

Professor Fishman was interviewed by WWL-TV, the CBS-affiliate in New Orleans, on June 15, 2009 about the corruption trial of Rep. William Jefferson (D-La). He was also interviewed over the summer of 2009 by WBRZ-TV, and a Baton Rouge newspaper, The Advocate, on the same subject. 

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Professor George E. Garvey

Professional Activities

Professor George E. Garvey was elected a Fellow of Catholic University's multidisciplinary Life Cycle Institute for a 4-year term that began in January, 2008. He also had an article published in the Journal of Law, Philosophy and Culture, titled "Catholicism's Critique of Civil Society at the Turn of the Third Millennium."  

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Professor Donna Gregg

Professional Activities

Professor Donna Coleman Gregg was appointed director of Catholic University's Institute for Communications Law Studies effective August 1, 2010. She is the third director in the 25-year history of the Institute, one of the nation's most highly respected programs for training leading communications law attorneys.

Gregg was appointed an adjunct senior fellow of the Free State Foundation, a non-profit, nonpartisan free market-oriented think tank based in Potomac, MD. The appointment was effective in Sept. 2009. In the new role, Gregg contributes scholarly articles and other pieces to Free State Foundation publications and participates in FSF policy conferences and educational seminars.

Her first scholarship for the think tank, "The Hazards of Prescriptive Regulatory Intervention in a Rapidly Changing Marketplace," was published in Perspectives from FSF Scholars on Sept. 8, 2009, and was quoted in both Communications Daily and Multichannel News.

Professor Gregg gave a presentation on the media's role in communications preparedness in national emergencies at the Syracuse University College of Law's 4th Annual Symposium on Communications Law & Policy on Feb. 27, 2009.

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Professor Stephen Goldman


Professional Activities

Professor Stephen Goldman spoke at the ABA Section of Litigation Annual Conference, held April 29 - May 1, 2009 in Atlanta, GA. Professor Goldman addressed "This is Another Fine Mess You've Gotten Us Into: Ethical and Professionalism Problems that Arise During Discovery and Pretrial," on the final day of the conference.  

In late October, he regaled a crowd of CUA students at a specially arranged talk with tales about his days litigating complex commercial cases. During his remarks, "Coaching Deposition Witnesses: Sometimes Yes, Sometimes No," Goldman recalled his experiences deposing witnesses and the ethical abuses he witnessed from other attorneys in coaching their clients. From these experiences Goldman developed an axiom of ethical behavior in deposition testimony: "The Anti-False Testimony Principle." The principle prevents an attorney from soliciting false testimony or suffering the introduction of false testimony by his or her client. It is a mechanism that balances an attorney's duty to represent his or her client with the duty to present accurate information to the court.
 
  Professor William Kaplin

Professional Activities

Professor William A. Kaplin participated in the inaugural presentation of Stetson University College of Law’s William A. Kaplin Award for Excellence in Higher Education Law and Policy Scholarship during the 30th Annual National Conference on Law and Higher Education on Feb. 22 in Orlando. Kaplin’s namesake award recognizes authors for outstanding scholarly work related to higher education law and policy. The 2009 recipients were two law professors, Robert O'Neil of the University of Virginia and Michael Olivas of the University of Houston. Stetson University’s news release about the Kaplin Award was picked up by more than 100 national business journals, television Web sites, and other media outlets across the country. 

Publications

Professor William Kaplin has published A Legal Guide for Student Affairs Professionals, 2nd ed., 2009, with co-author Barbara Lee of Rutgers and published by Jossey-Bass, a division of Wiley. Kaplin and Lee also have completed the 2009 Cumulative Supplement to The Law of Higher Education, 4th ed., and the 2009 Cumulative Supplement to The Law of Higher Education: Student Version, both published by the National Association of College and University Attorneys. Professor Kaplin also contributed a chapter on "Fiscal Inequity and Resegregation: Two Pressing Mutual Concerns of K-12 Education and Higher Education," to the book Our Promise: Achieving Educational Equality for America's Children, published in 2009 by Carolina Academic Press. 

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Professor Catherine Klein

Professional Activities

2010

Professor Klein attended the AALS New Clinical Teachers Conference on June 19-20, 2010. She co-taught a session on evaluation of clinic students. She is also on the faculty of the Summer Institute of Advanced Clinical Teacher held at Georgetown Law Center.  

2009

Professor Catherine Klein participated in the 3rd annual "Legal Education at the Crossroads" conference, held at the University of Denver Sturm College of Law from Sept. 11 to 13, 2009.

Along with two colleagues from other law schools, Klein and fellow CUA law Professor Margaret Barry led a workshop called "Encouraging Self-Assessment: The Essential Skill," a topic that fit in nicely with the theme of this year's conference, "Assessment Demystified, Demonstrated, and Deployed: Driving Curriculum Reform at your Law School."

2008

Professor Klein was also a presenter at the 5th International Global Alliance for Justice Conference, Manila, the Philippines, held Dec. 7 to13, 2008. Along with her colleague Professor Leah Wortham, Klein addressed "Teaching Legal Ethics in a Corrupt Legal System." Klein was also a member of the planning committee for the conference and one of two North American representatives elected to the GAJE steering committee.

Professor Klein was a commentator at the "Legal Education at the Crossroads Conference" held at the University of Washington, Seattle, from Sept. 5 to 7, 2008.

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Professor Megan La Belle

Professional Activities

2010
 

Recent Media

Professor LaBelle was interviewed in July by Intellirights, a website that focuses on intellectual property, about the Supreme Court’s recent decision in Bilski v. Kappos regarding patentable subject matter. The segment was hosted by Christopher Cotropia, a professor at the University of Richmond. 

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Professor Mary G. Leary

Professional Activities

2010

Professor Leary’s published scholarship on the social phenomena of self- produced child pornography and “sexting” was repeatedly cited in a new study released by the Berkman Center for Internet & Society at Harvard University. Its report, “Sexting: Youth Practices and Legal Implications" referenced three articles of Leary’s, including one forthcoming article in the University of Virginia Journal of Social Policy and the Law. The Berkman Center document provides  background for discussion of interventions related to sexting and also discusses the statutory and constitutional framework for child pornography and obscenity. It concludes with a description of current and pending legislation meant to address sexting.

Profess Leary spoke at Brooklyn Law School in April, 2010, on the subject of "sexting." She drew material 
primarily from her forthcoming article in the University of Virginia’s Journal of Law and Social Policy: “Sexting or Self Produced Child Pornography? --  The Dialog Continues.”

In March, 2010, Professor Leary discuseed "The Reasonableness of Children’s Expectations of Privacy in Today’s {digital} World" at a symposium held by the University of Mississippi on "The Fourth Amendment Rights of Children and Juveniles."

On March 25, she served on a panel of experts convened by the GAO that is gathering information to begin a project responding to a Congressional inquiry regarding missing and exploited children.  

2009

On Nov. 18, 2009, Professor Mary Leary spoke at the Cyber Crime Initiative
Quarterly Meeting, hosted by Massachusetts Attorney General Martha Coakley, about “Self Produced Child Pornography or ‘Sexting?’ A 21st Century Problem.”


A paper by Professor Leary was presented at the 2009 Porn Cultures: Regulation, Political Economy, and Technology conference held in Leeds, England on the 15th and 16th of June, 2009. The international conference is sponsored by The Centre for International Communication Research (CICR) the Media Industries Research Centre (MIRC) and the Institute of Communications Studies at the University of Leeds.
 

Professor Leary's essay, "2009: A Critical Year for Protecting Children" was written at the invitation of the Witherspoon Institute at Princeton University and has been published online. The work discusses Congress's recent passage of the PROTECT Our Children Act. Leary's essay was also published by the National Review Online.

2008

Professor Leary was a discussant for "The Social Costs of Pornography: A Consultation of the Social Costs of Pornography Project," held at Princeton University Dec. 11 to 13, 2008. The meeting assembled leading experts in the fields of psychiatry, psychology, neurophysiology, philosophy, sociology, law, and political theory to present a rigorously argued overview of the problem of pornography in our society and to make recommendations. The primary purpose of the meeting was to examine the real nature of pornography in its moral and social consequences.

In Oct. 2008, Professor Leary was a presenter at the Mulieris Dignitatem conference at the John Paul II Cultural Center in Washington.

Publications

Professor Leary's paper,"Mulieris Dignitatem: Pornography and the Dignity of the Soul: An Exploration of Dignity in a Protected Speech Paradigm", was recently listed on SSRN's Top Ten download list for Law & Religion. As of late January, 2010, it had been downloaded 45 times. It was also published in Ave Maria Law Review.

Professor Leary's recent article "The Right and Wrong Responses to "Sexting," The Public Discourse (May 2009), published by Princeton's Witherspoon Institute, has generated much positive feedback.

Her article, "Kennedy v. Louisiana: A Chapter of Subtle Changes in the Supreme Court's Book on the Death Penalty," was published in Jan. 2009 in Vol 21, No. 2 of the Federal Sentencing Reporter.

Recent Media

Professor Leary was quoted in the Orlando Sentinel on June 29, 2010, in an article “Prosecutors pursue restitution for child-exploitation victims.” She spoke about the growing trend of courts to order restitution from abuser to victim in child-exploitation cases. 

Professor Leary was quoted in the March 21, 2010 edition of the New York Times for a story about evolving legal standards regarding the practice of "sexting."

In late Sept., Professor Leary was interviewed for a radio report aired on Family News in Focus that discussed the Iowa Supreme Court's decision to uphold the conviction of a teenage for "sexting," a practice popular among some teenagers where someone takes a nude, partially nude or sexually provocative photo and sends it to someone else, typically by cell phone.

Leary was also interviewed by radio reporter Nima Reza on Family News in Focus on the subject of sexting. The program Leary was a guest on airs on more than 600 radio stations.

Professor Leary was interviewed on National Public Radio's "On the Media" in late Dec. 2008. She discussed the propriety of criminal prosecution under a federal statute that provides for prosecution of possession of cartoons which are "the obscene visual representations of the sexual abuse of children" when they are transported through interstate commerce.

Professor Leary was interviewed by Larry Magid, On Air Technology Analyst, CBS News, for a story broadcast on March 25 about "sexting." Leary noted that in many circumstances such pictures are considered to be child pornography, even if taken and distributed by a minor. Professor Leary's essay, "2009: A Critical Year for Protecting Children" was written at the invitation of the Witherspoon Institute at Princeton University and has been published online. The work discusses Congress's recent passage of the PROTECT Our Children Act. Leary's essay was also published by the National Review Online. 

In mid-May, Leary addressed the National Association of Attorneys General in Philadelphia at the Presidential Initiative conference. Her topic was "Digital Natives:Growing Up in an Electronic World."

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  Professor Leiter
2010

Professor Leiter served as a panelist on July 7 for “Sizing Up the Supreme Court,” hosted by the National Law Journal. Each of the speakers argued one or more cases in 2009-2010. They analyzed the impact of the recent high court term at the Georgetown University Law Center in Washington. Leiter, a former clerk for retired Justice John Paul Stevens, had her recollections of working for him published in the Legal Times (July 12, 2010) for a short feature, “Another Side of Stevens.”

Professor Leiter’s reflection on the importance of the process for confirming Supreme Court nominations, “Kagan Nomination: Important, Brief Time to Contemplate the Judicial Branch,”  was published on The American Constitution Society’s blog on May 11, 2010. Her posting was also referenced on the SCOTUS blog soon thereafter.

Recent Media  
 
Professor Leiter was quoted on Aug. 6, 2010 by the Associated Press for an article, “3 Women on High Court: Historic but Impact Unclear.”Leiter commented on the changed makeup of the Supreme Court with the addition of Justice Sonia Sotomayor.
 


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Professor Lisa Lerman

Professional Activities

Professors Lisa Lerman, Leah Wortham and Catherine Klein were invited speakers at “Externships 5: Externships in Changing Times,” a conference run by the University of Miami School of Law from March 4-6, 2010. On March 5, Lerman spoke to her peers about grading issues in remarks titled “Grading versus Pass/fail in Externships: Pedagogical Implications.”

Professor Lerman participated in a webcast discussion of “Ethical Quandaries for Public Lawyers: Conflicts, Trial Publicity, Organization as a Client and More,” on Feb. 25, 2010. Offered for ethics credit, the event was sponsored by The American Bar Association Government and Public Sector Lawyers Division, Center for Professional Responsibility and the ABA Center for Continuing Legal Education. The 90-minute webcast focused on the unique ethical issues confronted by public lawyers including such issues as special conflicts of interest for former and current government officers and employees, trial publicity, confidentiality of information, fairness to opposing party and counsel, and more.
 

Professor Lerman was a panelist for the teleconferenced and live audio webcast of "Conflicts of Interest, Duties to Clients, and Other Ethical Dilemmas of Public Lawyers," offered by the American Bar Association for continuing legal education credit on July 9, 2009. The program focused on the unique ethical issues confronted by public sector lawyers. The four expert panelists used the interactive format to offer short, illustrative hypothetical scenarios.

Professor Lerman presented "Re-examining the Lake Pleasant Bodies Case: A Case Study in Ethical Decision-making" at the University of Akron's law school on Nov. 10, 2008. She discussed a case from the 1970s in which two attorneys representing an accused murderer were informed by their client that he had killed several teenagers, and also told them where his victims' bodies were located. The defendant, Robert Garrow, later confessed to the murders under oath, making it clear that his lawyers had known about his crimes all along. The attorneys then faced criminal charges, a disciplinary investigation, death threats, ostracism within their community, and extensive damage to their law practices. Lerman's lecture covered the many difficult ethical decisions that confronted the legal team.
 

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Professor David Lipton

Professional Activities

Professor Lipton conceived, organized and moderated a March 4, 2010 symposium, “A Symposium to Enhance Diversity of Legal Employment within the Securities and Financial Services Industry,” offered to all D.C. - area law students as an opportunity to learn from experts about what it takes to plan a successful career in securities law. The program was sponsored by Catholic University’s Securities Law Program along with the SEC. Nearly every major securities regulatory agency in Washington and many leading firms in the field participated in the discussion on ways to increase diversity in securities law.


Professor David Lipton was among five panelists invited to discuss "The Federal Economic Recovery Plan and the Wall Street Response" at the University Club of Washington, D.C. on April 7, 2009. Professor Lipton is the founder and director of the Columbus School of Law's Securities Law Program.

He also organized and hosted the annual luncheon of the securities law alumni association at the Army-Navy Club on Nov. 12. This year’s keynote speaker was Daniel M. Gallagher, Class of 1999 and deputy director in the SEC's Division of Trading and Markets.

Recent Media

Professor Lipton was quoted in a Bloomberg News story on Aug. 19 which discussed the Securities and Exchange Commission’s fraud case against New Jersey. Lipton said the state may be buffered from private lawsuits in the SEC’s wake, because investors would have trouble showing they lost money because of the state’s actions. “I think it would be a very hard case to prove,” he said.

 

 

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Professor Rett Ludwikowski


Professional Activities
 

Professor Ludwikoski’s Comparative and International Law Institute hosted an international career panel and networking reception at the Embassy of Poland on March 15, 2010. Four panelists discussed what it like is to live and practice law overseas, work for a multinational corporation and focus on international legal issues.

Professor Rett Ludwikowski was among the speakers for “Commemorating the 20th Anniversary of the Fall of the Berlin Wall,” a Nov. 17 program organized by the Comparative and International Law Institute in conjunction with the International Foundation for Electoral Systems. Ludwikowski is the director of CILI and fled his native Poland in the 1980s to escape communist oppression.   
Publications

Professor Rett Ludwikowski published "Presidential Elections in the United States from a Comparative Perspective" in Krakow's International Studies, 2008, pp. 19-54. His co-author was Anna M. Ludwikowski. The second edition of his book, "International Trade" is in print and will be published by C.H. Beck Publishing House (Warsaw) in March 2009. 
 
Professor Suzette Malveaux

Professional Activities

 Professor Malveaux was the moderator of “The Future of Employment Discrimination Class Actions After the 9th Circuit’s En Banc Decision in Dukes v. Wal-Mart Stores, Inc.,” a continuing legal education discussion offered by the ABA on June 16, 2010. The discussion covered the decision last spring by the U.S. Court of Appeals for the Ninth Circuit to affirm class certification  of 500,000 to 1.5 million current and former employees of Wal-Mart who allege company-wide discrimination against women, which is the largest class ever certified in an employment discrimination case. Counsel for both sides of the case took part in the symposium, which was teleconferenced and live audio webcast to about 50 lawyers nationwide.

Professor Malveaux presented "Frontloading and Heavy Lifting: The Evolving Role of Discovery in Contemporary Civil Rights Litigation" at Texas Wesleyan School of Law’s spring faculty speaker series on Jan. 27, 2010. 


 Recent Media

Professor Malveaux was quoted on June 18 in BLT: The Blog of Legal Times for a story,"The Changing World of Civil Procedure Post Twombly, Iqbal," which examined the impact of two landmark Supreme Court rulings that changed the standards civil lawsuits must meet to proceed.

 


 

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Professor Robert Marcin

Professional Activities

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

 Professional Activities 

 
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.   


2009
Professor Michael F. Noone chaired a panel on child protection, policy and program development at the National Academy of Sciences Institute of Medicine on Dec. 9. The discussion concluded a three-day program titled “Children and Armed Conflict.” CUA’s Institute for Policy Research and Catholic Studies was a co-sponsor of the event.

Professor Noone was the organizer of a symposium held at the National Press Club in Washington, D.C. on Sept. 21, 2009. "Insights in the Law and Law Practice: Ethical and Moral Responsibility- Classified Matters and Professional Challenges to Attorneys in the Legislative and Executive Branches" is designed to focus on a topic on which there is very little literature: Who is the "client" of a government lawyer and how do rules of, for example, loyalty and confidentiality apply in that context?

Professor Noone was honored in Tunis in May, 2009 for his work as chairman of the Military Crimes and Criminology Committee of the International Society for Military Law and the Law of War. He was presented with an award from Abdellatif Chebbi, chief of staff of the Tunisian National Defense Ministry.

2008
Professor Noone was promoted to the rank of Knight Commander in the Equestrian Order of the Holy Sepulcher. The ceremony took place on Oct. 31, 2008 at St. Matthews Cathedral in Washington. His Eminence Cardinal William H Keeler, Archbishop Emeritus of Baltimore and Grand Prior of the Order, presided.

Publications


Professor Michael Noone is the author of "Criminal Justice Lessons to be Learned in International Military Interventions: a Common Law Perspective," Criminal Law between War and Peace, (Cuenca: Ediciones de la Universidad de Castilla-La Mancha (2009), Ed. Stefano Manacorda and Adam Nieto. Pp. 207-211. 

"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: "The Law of Armed Conflict: International Humanitarian Law in  War." Gary Solis, New York, Cambridge University Press, 2010, in the Journal of Military History, Vol. 74, No. 3, Pp. 996-997.
 

 

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  Rev. Raymond C. O'Brien

Professional Activities

Rev. O’Brien was honored by Catholic University in April, 2010 as part of its celebration of “The Year for Priests,” designated by Pope Benedict XVI to coincide with the 150th anniversary of the death of St. John Vianney. Rev.O’Brien “starred” in an online slideshow on the university's Web site about his life, upbringing, and career as a professor and priest.

Rev. O'Brien continues to administer the Charles and Louise O'Brien Scholarship, named in honor of his grandparents. The fund provides an annual $10,000 scholarship award to an admitted first year student who successfully describes how he or she seeks to integrate his or her religious perspective with his or her eventual practice of law. Carroll Skehan was chosen as the 2009 recipient of the scholarship.

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 Antonio Perez

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.


On Oct. 7, in his capacity as the U.S. member of the Inter-American Juridical Committee of the Organization of American States, Professor Antonio Perez made a presentation to the U.S. State Department's Advisory Committee on Private International Law on developments in the OAS Specialized Conference on Private International Law. The meeting was held at George Washington University's School of Law. Earlier, on July 15, Professor Perez presented the OAS Juridical Committee's Report to the International Law Commission of the United Nations in Geneva.

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Professor Mark Rienzi

Professional Activities

Professor Rienzi spoke as a panelist at “The Changing Patent Landscape,” held on April 20, 2010 by the Georgetown University Law Center. He addressed issues of inequitable conduct, along with Judge Richard Linn of the U.S. Court of Appeals for the Federal Circuit and some prominent practitioners from the Kirkland, Wilmer, and Finnegan firms.  

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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Professor Kenneth Pennington

Professional Activities

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.

Professor Pennington delivered two lectures in Lisbon, Portugal in February, 2009. The first, at a faculty seminar at the Universidade de Lisboa, addressed the distinction between lex naturalis and ius naturale in legal and theological thought. The following day, he spoke to first year law students on the origins of the idea of rights in the history of 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.

Professor Pennington has delivered three other lectures in recent months: "Gratian," to the 13th International Congress of Medieval Canon Law in Esztergom, Hungary on Aug.8, 2008; "Torture, and Due Process" before the American Historical Association annual meeting in New York City on Jan. 4, 2009; and "Women on the Rack: Torture Trials from the 14th to the 17th Centuries," a public lecture at the University of California, Santa Barbara on Jan. 23, 2009.

Publications

Professor Pennington has also published a book, “The History of Canon Law in the Classical Period, 1140-1234: From Gratian to the Decretals of Pope Gregory IX” (History of Medieval Canon Law; Washington, D.C.: The Catholic University of America Press, 2008; an essay, "The Practical Use of Roman Law in the Early Twelfth-Century," Handlung und Wissenschaft: Die Epistemologie der Praktischen Wissenschaften im 12. und 13. Jahrhundert, ed. Matthias Lutz-Bachmann and Alexander Fidora (Wissenskultur und Gesellschaftlicher Wandel 29; Berlin: Akademie Verlag 2008) 11-31; and an article, "Lex naturalis and Ius naturale," The Jurist 68 (2008) 569-591.


Professor Pennington is the author of “A 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 
 

Professor Marin Scordato

Professional Activities

Professor Marin Scordato’s article, “Reflections on the Nature of Legal Scholarship in the Post-Realist Era,” 48 Santa Clara Law Review 353 (2008) was the subject of a response in the same journal. Professor Gregory Scott Crespi, Dedman School of Law at Southern Methodist University, published “Further Reflections on Post-Realist Legal Scholarship and Teaching: A Brief Response to Professor Scordato,” 50 Santa Clara Law Review 281 (2010). Crespi responded to some of Scordato’s ideas and also referred to two of his earlier articles.

Professor Scordato's work was also cited by Adam Rosenzweig in "Imperfect Financial Markets and the Hidden Costs of a Modern Income Tax," 62 Southern Methodist University Law Review 239 (2009). It was also cited Colin Starger in his article, “The DNA of an Argument: A Case Study in Legal Logos,” in 99 Journal of Criminal Law & Criminology 1045 (2009).


Professor Marin Scordato's 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 Professor Terence Centner in his recent article, “Liability Concerns: Agritourism Operators Seek a Defense Against Damages Resulting from Inherent Risks,” 19 Kansas Journal of Law and Public Policy 102 (2009). it was also cited multiple times by the Superior Court of Maine in its recent decision in Cilley v. Lane, 2009 WL 558273 (Me. Super.) (2009), as well as 
by Daniel S. Goldberg in "Universal Health Care, American Pragmatism, and the Ethics of Health Policy: Questioning Political Efficacy," 7 Pierce Law Review 183 (2009). Scordato's scholarship was also cited in "Punishing Family Status," (Jennifer M. Collins, Ethan J. Leib and Dan Markel ) 88 Boston University Law Review 1327 (2008).

An article from 2007, " Post-Realist Blues: Formalism, Instrumentalism, and the Hybrid Nature of Common Law Jurisprudence," 7 Nevada Law Review 263 (2007), was cited by his faculty colleague, Professor A.G. Harmon, in "Back From Wonderland: A Linguistic Approach to Duties Arising From Threats of Physical Violence," 37 Capital University Law Review 27 (2008).

His 2007 article, "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 by Ruth Walden and Derigan Silver in "Deciphering Dun & Bradstreet: Does the First Amendment Matter in Private Figure-Private Concern Defamation Cases?," 14 Communication Law & Policy 1 (2009). 

His 2001 article, “Federal Preemption of State Tort Claims,” 35 U.C. Davis Law Review 1 (2001), was recently cited by the Product Liability Advisory Council, Inc. in its Amicus Curiae Appellate Brief to the Court of Appeals of South Carolina in the case of Priester v. Cromer.
His 2002 article, “Free Speech Rationales After September 11th: The First Amendment in Post World Trade Center America,” 13 Stanford Law & Policy Review 185 (2002) (with Prof. Paula Monopoli), is included on the required readings syllabus for a course in freedom of expression offered by Professor Raphael Cohen-Almagor at the University of Hull in Yorkshire, England.
 
His 1990 article, “The Dualist Model of Legal Teaching and Scholarship,” 40 American University Law Review 367, has been cited by Andrea A. Curcio in her article, “Moving in the Direction of Best Practices and the Carnegie Report: Reflections on Using Multiple Assessments in a Large-Section Doctrinal Course,” in 19 Widener Law Journal 159 (2009).
 

Professor Scordato's 1989 article on the prior restraint doctrine, "Distinction Without a Difference: A Reappraisal of the Doctrine of Prior Restraint," 68 North Carolina Law Review 1 (1989), was cited by Ronald Rotunda and John Nowak in their book, "Treatise on Constitutional Law - Substance & Procedure" (4th ed., 2009 update).

Publications

Professor Scordato's paper, "Innocent Threats, Concealed Consent and the Necessary Presence of Strict Liability in Traditional Fault-Based Tort Law", was recently listed on SSRN's Top Ten download list for Insurance Law, Legislation, & Policy eJournal. As of April 21, 2010, the paper has been downloaded 18 times. 

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Professor Lucia Silecchia

Professional Activities

2010

Presentations 

May 25: Professor Silecchia spoke at the Conference on Catholic Legal Thought at Loyola Law School in Chicago. She on a panel with Francis Cardinal George discussing his new book, “The Difference God Makes: A Catholic Vision of Faith, Communion, and Culture.”
 
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.”


Attended

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)

 

2009

Professor Lucia Silecchia presented “Integrating Catholic Social Thought in Elder Law and Estate Planning Courses: Reflections on Law, Age, and Ethics” on Sept. 26, 2009 at Villanova Law School’s Conference on Catholic Social Thought and Legal Education. Professors George Garvey and William Wagner were also participants at the conference.

Professor Lucia Silecchia delivered a lecture, "The Environment, Poverty, and Sustainable Development: Reflections on Our Common Responsibilities" on Feb. 19, 2009 at St. John's University in New York City. Her address was sponsored by the Rosalie Rendu Roundtable on Science and Religion, an initiative of the Vincentian Center for Church and Society.

Professor Silecchia also continues to serve on the planning boards of the Conference on Catholic Legal Thought and the Association of Religiously Affiliated Law Schools.

Professor Lucia Silecchia spoke at St. Johns University School of Law on Feb. 19, 2009, about "The Environment, Poverty and Sustainable Development: Reflections on our Common Responsibilities." Her podcast lecture was part of a series sponsored by the Rosalie Rendu Roundtable on Religion and Science established by the Vincentian Center for Church and Society in 2002 to encourage interdisciplinary dialogue through the prism of social justice and poverty.

Publications

Her paper, “Integrating Catholic Social Thought in Elder Law and Estate Planning Courses:  Reflections on Law, Age, and Ethics,” was recently published at 7 J. Catholic Soc. Thought 353-405 (2010).  An on-line version of the piece was in the “Top 10” for Elder Law articles.

Recent Media

Professor Silecchia was the author of “After Copenhagen, Some Lessons from Rome,” published online by the Catholic Conservation Center in March, 2010. In her essay, she discussed Pope Benedict XVI’s statement, “If You Want to Cultivate Peace, Protect Creation." 


 

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Professor Karla Simon


Professional Activities

2010
On July 21, Professor Simon hosted a visiting group of students and professors from East China University Shanghai. The group toured the law school and spent two hours learning about the differences and similarities in the legal education systems of both countries.  



Professor Simon (above) recently made a presentation at the European China Law Studies (ECLS) conference in Copenhagen, Denmark. The presentation was based on a paper that Prof. Simon and CUA Research Fellow 2009/10 Hang Gao have in preparation entitled Opening the Space: New Developments for China’s Community Organizations. Prof. Simon also recently published a short paper on the ICCSL website dealing with two recent developments in the Chinese regulation of civil society, including new rules with regard to access to foreign funding. 

Professor Simon’s expertise on non-governmental organizations (NGOs) in China was cited on May 24 in the Wall Street Journal’s online China Realtime Report by Stanley Lubman, a long-time specialist on Chinese law and a professor at the University of California, Berkeley, School of Law. Lubman’s article documented increasing control over NGOs by the Chinese government. Wrote Lubman, “A useful analysis by Karla Simon, an expert on China’s NGOs, describes a complex regulatory structure and inconsistent administrative patterns. (Karla W. Simon, “Regulation of Civil Society in China: Necessary Changes After the Olympic Games and the Sichuan Earthquake,” Fordham Int’l L. Journal, vol. 32, 2009, 943).

Professor Simon was the organizer and moderator of “Religious Freedom in the Former USSR,” held at the Columbus School of Law on April 12, 2010. The panel brought together eight specialists to examine how the relationship between government and religion has evolved in the Central Asian nations that were formerly part of the Soviet Union, and also in Russia itself. Simon serves as co-director of the Center for International Social Development, one of the sponsors of the discussion.

Professor Karla 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.

2009

In June, Professor Simon traveled to Beijing to discuss the draft report "Outsourcing Social Services to CSOs: Lessons from Abroad," which has been prepared for China's Ministry of Civil Affairs.
She was accompanied on the trip by Dr. Leon Irish, president of the International Center for Civil Society Law (co-founded by Professor Simon), and Professor Lester Salamon of the Center on Civil Society at Johns Hopkins University.

Meetings about the report and its final direction were held at the World Bank's Beijing office and at the Ministry itself. The three Americans also attended a meeting of the China Association for NGO Cooperation (CANGO) hosted by NGO Research Center of Tsinghua University. The association was founded in 1992 to promote China's civil society development and to provide an experience exchanging and information-sharing platform for Chinese NGOs. The meeting covered new developments in nonprofit organization law.

The final report has been prepared by professors Salamon and Simon and Dr. Irish. It surveys outsourcing trends and practices worldwide, and contains 10 individual country studies. The final section offers conclusions and recommendations based on actual practices in China and worldwide.

Professor Simon has also become a contributing editor for the Nonprofit Law Prof Blog, concentrating on submissions that discuss international issues for legal educators

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.

On Oct. 3, 2008, Professor Simon presented a paper at Fordham Law School at a colloquium on China sponsored by the Louis Stein Center for Law & Ethics and the Leitner Center for International Law and Justice. Professor Simon's paper, "Legal Reforms for Civil Society Organizations in China after the Olympics and the Sichuan Earthquake," offered a perspective on ways in which the Chinese government can enhance the space for civil society as it seeks to address social and economic development in the 21st Century. The paper was published in the January 2009 issue of the Fordham International Law Journal.

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Professor George Smith

Professional Activities

One of the world's premier authorities on health law and genetics delivered the 2009 George P. Smith II Lecture at the Indiana University Maurer School of Law on Feb. 12, 2009, according to a news release. Loane Skene, a renowned Australian expert in medical law and genetics, presented "Recent Developments in Stem Cell Research: Social, Ethical and Legal Issues for the Future," as part of her two-week appointment as a visiting professor-chair with the law school. Professor Smith, a 1964 graduate of the Maurer School of Law, established the chair to provide a scholarly forum in the area of bioethics. "The George P. Smith II Distinguished Visiting Professor-Chair has given us the opportunity over the years to bring deeply intellectual and distinguished visitors from around the world," said Dean and Val Nolan Professor of Law Lauren Robel.

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Professor William Wagner

Professional Activities

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.


Professor William Wagner was the organizer of a workshop at the Canon Law Society of America's annual meeting in Kansas City on Oct. 11 to 12, 2008. The subjects covered were "Due Process and the Right of Defense" and "Statutes of Limitation/Prescription." He also designed and ran a plenary session at the University of Notre Dame's Nanovic Institute for European Studies on "Church-State Relations and Religious Liberty: Comparative Perspectives" from Sept. 22 to 23, 2008.

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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Professor Elizabeth Winston

Professional Activities

Professor Elizabeth Winston spoke to an audience of more than 100 on March 17, 2010 as part of a Foley & Lardner webinar on false marking. Wrote one blogger: “Professor Elizabeth Winston has been writing about false marking issues even before the Forest Group case and continues to be the academic leader in this field.  Yesterday, she joined patent litigator C. Edward Polk for an informative webinar on the current status of false marking issues.”

Recent Media

Professor Winston was quoted in the April 2, 2010 edition of The Business Journal of Milwaukee for an article, “Patent lawsuits on rise as court decision increases possible awards.”

     Excerpt

"But a patent label could encourage consumers to buy a product if they think that product is new and different, said Beth Winston, who teaches patent law at The Catholic University of America Columbus School of Law in Washington, D.C.
 
Winston opposes proposed legislation that would require someone to show a competitive injury when bringing a suit for false marking.It’s hard to pinpoint exactly who is harmed in a false marking case, but it discourages innovation in general, Winston said.


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."

Publications

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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Professor Leah Wortham

Professional Activities

Professor Leah Wortham: selected activities, 2008-2009.

Professor Wortham has been reappointed for 2009-10 as a non-residential international scholar in the Academic Fellows Program of the Higher Education Support Program of the Open Society Institute. She will be working with the law department of the American University of Central Asia in the Kyrgyz Republic.


• Co-edited and wrote the introduction for "The Need for a New Law School," Jagiellonian University Press, Kraków, Poland, forthcoming 2009.
• Was selected as a 2008-2009 Fellow in the Academic Fellowship Program for American University of Central Asia, Bishkek, Kyrgyz Republic, where she provides advice on teaching methods, writing textbooks, and curriculum. In addition to presenting to fellow AFP faculty members about student learning, Professor Wortham participated in the group's annual meeting in Antalya, Turkey, in May 2009.
• Presented "Clinical Education: What is it? Why do it?" at a clinical roundtable in Bishkek, Kyrgyz Republic, in Feb. 2009. The roundtable was organized by the American University of Central Asia for law schools in the country.
• Presented "How Court Rulings Have Affected the Regulation of the American Legal Profession," on April 8, 2008. Professor Wortham also met with justices of the Polish Constitutional Court and their staff.
• Organized a half-day day workshop on "Teaching Legal Ethics in a Corrupt Legal System" at the fifth annual conference of the Global Alliance for Justice Education, held in Manila, Philippines in 2008. At the conference, she also spoke about "Instilling Pro Bono Practices in Law Schools" and reviewed more than 95 proposals for her program committee.
• Spoke about "The American Legal Profession in the 21st Century," on April 8, 2008. Her remarks were sponsored by the Polish National Association of Advocates and the Jagiellonian University School of American Law.
• Consultant to "Promoting Sustainable Reform of Higher Legal Education Reform," a grant from the Higher Education Support Program of the Open Society Institute to the Public Interest Law Initiative. Professor Wortham consults about project design and funding criteria for proposals from the six overseas law schools involved in the project. She attended and made presentations at the group's annual meetings in Kiev in 2008 and Budapest in 2009.

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