The Catholic University of America


 Faculty Activities

Professor Margaret Barry


Professional Activities


2011

Professor Barry has been appointed as acting associate dean for clinical and experiential programs and visiting professor of law for the 2011-2012 academic year at Vermont Law School in South Royalton. She will join Vermont Law School on July 1.

2010

Professor Margaret Barry served as a commentator at the Third National People of Color Legal Scholarship Conference, held Sept. 9 -12 at Seton Hall Law School. Professor Barry’s panel discussed “Puerto Rico and the Statute of Westminster: A Tenable Model forDecolonization.” 

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


2011

Professor Breger introduced “Muslim and Jewish Perspectives on the Interpretation of Foundational Religious Texts,” an Oct. 30 panel discussion in New York City that was co-sponsored by the Center for Interreligious Understanding, Catholic University’s Interdisciplinary Program in Law and Education, and the Muslim Chaplains’ Association. Breger also served on the event’s planning committee.

Professor Breger was a panelist at the Faith and Freedom Conference and Strategy Briefing, held on June 3 and 4 in Washington, D.C.  Breger discussed “Defeating Terrorism and Jihad” with Frank Gaffney, Center for Security Policy, David French, American Center for Law & Justice, and Erick Stakelbeck, correspondent, CBN News.

Professor Breger organized a two-day conference at The Catholic University of America’s Columbus School of Law on April 7 and 8, 2011. “The 10th Conference on European Union, Portuguese, and American Law: Developments in Energy Law,” brought together energy policy experts from Portugal, the United States, and the European Union to trade ideas and share what has and hasn’t worked in the mission to meet the world’s energy requirements.

Professor Breger served as a panelist for “Religion in American Politics and Society: A Model for Other Countries?” held on March 1, 2011. The discussion was sponsored by Georgetown University's Berkley Center for Religion, Peace, and World Affairs. Discussants addressed whether the dominant American approach to religion, society, and the state is worthy of emulation in other countries. Breger’s panel was titled “The Jewish Experience.”

Professor Marshall Breger spoke before the Conservative Political Action Conference of the American Conservative Union on “The Importance of Faith and Religious Liberty in the US and Abroad,” on Feb. 11, 2011. The panel was sponsored by Muslims for America. The conference is an annual political conference attended by conservative activists and elected officials from across the United States.

2010

Professor Breger organized and moderated "Islam and America: the Challenge of Expanding the Judeo-Christian Paradigm," held at the National Press Club in Washington, D.C. on Oct. 5, 2010. The 90-minute, four panelists program explored Islam's place in contemporary American society. Media coverage of the event included Voice of America television.

Professor Breger led a delegation of eight American Muslim leaders on a study tour to Dachau and Auschwitz that was co-sponsored by a German think tank and the Center for Interreligious Understanding, a New Jersey-based interfaith dialogue group. The excursion ran from Aug. 8 through August 10. Accompanying the group were several government officials, including Hannah Rosenthal, the State Department’s special envoy to monitor and combat anti-Semitism.

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.


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 published an opinion essay, “Why the U.N. Vote Doesn’t Matter,” in the Sept./Oct. 2011 issue of Moment magazine.  Breger discusses the Palestinian Authority’s recent decision to seek United Nations recognition.


Professor Breger contributed“The True Costs of the Fiscal Crunch” as an opinion essay in the May/June issue of Moment magazine. The publication offers independent journalism from a Jewish perspective.

Professor Breger was named to the 2010 list of the “Forward 50” a compilation put together by the Jewish Daily Forward of American Jews “whose religious and cultural values propelled them to engage, serve, lead, entertain, educate, create, advocate and exasperate in a decidedly Jewish voice.” Breger was cited for leading a delegation of Muslim clergy through the gates of Auschwitz and Dachau as a way to address the problem of Holocaust denial and anti-Semitism among Muslims.

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

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Professor Roger Colinvaux

Professional Activities/Presentations

2011

Professor Colinvaux was appointed to the Board of Advisors, Tax Policy and Charities, which is a project of the Urban Institute and the Tax Policy Center with funding from the Gates Foundation.

Professor Colinvaux’s "Charity in the 21st Century: Trending Toward Decay", was recently listed on SSRN's Top Ten download list under a number of subject headings relating to tax law and policy. As of May 1, 2011, it had been downloaded 206 times.  

Professor Roger Colinvaux’s paper, "Citizens United and the Political Speech of Charities", was listed in early 2011 on SSRN's Top Ten download list for topics including political institutions, constitutions, political communication and political behavior. As of mid-January, it had been downloaded 73 times. The paper made two additional top ten lists: Political Institutions: Constitutions eJournal Top Ten and Political Behavior eJournals Top Ten and currently has 125 downloads.
 

2010

Professor Colinvaux spoke on Oct. 6, 2010 at a symposium sponsored by the government affairs institute of before the Jewish Federation of North America about challenges facing the charitable sector. 

Professor Colinvaux organized and moderated “Political Activities of Tax-Exempt Organizations this Election Cycle,” a luncheon program sponsored by the DC Bar. The Sept. 29 discussion examined how the Citizens United Supreme Court decision is affecting the behavior of nonprofit organizations in the 2010 election cycle, including whether new organizations are being formed, how existing organizations are reacting, whether there are concerns for 501(c) organizations of making political activity a primary purpose and losing tax exempt status, and current IRS enforcement efforts.

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).

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.

Publications

“Charity in the 21st Century: Trending Toward Decay,” Florida Tax Review, Vol. 11, No. 1, 2011.

Recent Media

Professor Colinvaux was quoted extensively in BNA’s Daily Report for Executives on March 14, 2011. Its article, “Grassley Seeks Estimate of Nonprofit Tax Exemption, Putting Organizations on Edge,” discussed the implications of a change to the tax code that would prompt Congress to calculate the cost of the nonprofit tax exemption, which currently is not considered an expenditure.

The New York Times, "Nonprofits Fear Losing Tax Benefit," (Dec. 2, 2010)

The Chronicle of Philanthropy, (Dec. 2, 2010)

The New York Times: The Face of Private-School Growth, Familiar-Looking but Profit-Making," (Sept. 21, 2010). 

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).
 

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Professor Robert Destro

Professional Activities

2011

Professor Destro 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.

With the assistance of several Catholic University law students, Professor Destro filed an amicus brief in the case Arizona Christian Schools Tuition Organization v. Winn, which was decided on April 4, 2011, by the U.S. Supreme Court. The 5-4 ruling tossed out a lawsuit challenging Arizona's tax breaks for voluntary donations to private school scholarship programs that benefit children enrolled in religiously-affiliated schools.  

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.

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.  
 

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 interviewed by the Australian Broadcasting Corporation on April 4, 2011, about whether or not there should be First Amendment limits in the wake of the killings that followed the burning of the Koran by Pastor Terry Jones.  

Catholic University law school Professor Robert Destro has appeared twice on of the Diane Rehm Show, produced in Washington, D.C. , and syndicated across the country by National Public Radio. He was a guest panelist on the Aug. 31 edition, discussing the the ruling earlier in August by U.S. District Judge Royce C. Lamberth that immediately blocks federal funding of embryonic stem cell research.
 
On Sept. 9, Professor Destro discussed religious intolerance on the program.
 

Professor Cara Drinan

Professional Activities

2010
 
Professor Cara Drinan was a panelist for “Access to Justice: Paths to Achieve Indigent Defense Reform,” on Sept. 8, 2010. Held at American University’s Washington College of Law, the discussion addressed ways to achieve indigent defense reform to ensure that all criminal defendants receive their constitutional rights to effective representation.
 
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 by Dolan Media Newswires on Oct. 3, 2010 for its story “Federal bill calls for DOJ to sue failing defender systems: Will Missouri be Sued?” Drinan commented on a U.S. Senate bill that would penalize states like Missouri that are struggling to provide adequate criminal defense to the poor.

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. 

 
Publications

“Threatening the Founding Ideal of a Republic of Letters: An Assessment of the Supreme Court’s Copyright Decisions Over the First Decade of the Twenty-First Century,” 5 Akron Intellectual Property Law Journal 205 (2011).

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Professor Clifford S. Fishman


Professional Activities 

2010

Professor Fishman was invited to give the 2010 James Otis Lecture at the National Center for Justice and the Rule of Law at the University of Mississippi on Oct. 5, 2010. The prestigious lecture series offers a forumto leading scholars to comment on search and seizure and other criminal procedure topics. Fishman intends to speak on Fourth Amendment Rights in the workplace in light of last term’s City of Ontario v. Quon 

2009

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 was interviewed on July 3, 2011, by a Maryland newspaper, the Germantown Patch, about the 11 life sentences imposed by a district court on a serial arsonist from Hyattsville, Md.  Fishman offered reasons that a judge might see fit to reach such a sentence.

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.

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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

Appointments: Co-Chair of the ABA Section of Administrative Law and Regulatory Practice Committee on Communications; 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.
 

Professor Gregg delivered the keynote address to a gathering of international telecom officials on June 14, 2010. Her remarks, “The Regulatory System That Governs U.S. Telecommunications,” helped to decipher the multi-pronged American approach to the telecommunication industry for visiting telecomm executives and government officials from Pakistan. 

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.

Publications 

“The Future of Media Report: When Future Success Requires Abandoning Past Regulatory Failures,” Perspectives from FSF Scholars, Vol. 6, No. 18 (Aug. 5, 2011).

Recent Media

Professor Gregg was quoted in Communications Daily on Dec. 6, 2010, for an article about the FCC's risky legal strategy of of adopting net neutrality rules without reclassifying broadband as a telecom service.
 

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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  

2011

Professor Klein participated in an international forum, “Comparative Case Studies in Divorce Law: An International Roundtable Workshop,” Sept. 17-18, 2011, Istanbul, Turkey. She discussed the development of divorce law and practice and examine the treatment of religious practices in the United States.
 
Professors Catherine Klein and Leah Wortham were featured speakers at the 6th Global Alliance (GAJE) Worldwide Conference and the 9th International Journal of Clinical Legal Education Conference (IJCLE) jointly sponsored by the University of Valencia on July 11-15, 2011. 43 countries were represented among the almost 300 conference attendees.
 
Klein co-presented “The Importance of Relationships in Clinical Supervision and Lawyering.”

Professors Wortham and Klein also led a workshop on “Mainstreaming Human Rights in the Law School Curriculum,” along with colleagues from other law schools.
 
“The New Law School: Reexamining Goals, Organization, and Methods for a Changing World,” a book co-edited by Professor Wortham and published by Jagiellonian University Press, was distributed to all conference attendees.
 
Professor Klein organized a concurrent session: “Understanding Content and Context: The Importance of Relationships in Clinical Legal Education and Supervision,” on June 15 at the AALS Clinical Conference in Seattle.
 
She served as  legal education consultant and workshop leader, the University of Alexandria, Egypt, where she conducted orientation sessions for law students selected to participate in the newly developed clinical program on the protection of women and children. Klein also presented on clinical legal education at an annual nationwide conference of Egyptian law deans and faculty in March 2010.  She recently participated in two roundtable discussion and organized a visit to CUA for a delegation of Egyptian law faculty, deans, students and judges in April 2011. Klein participated in another roundtable with Egyptian visitors on Sept. 9, 2011.
 
Professor Klein’s article, “Teaching Social Justice Lawyering: Systematically Including Community Legal Education in Clinical Legal Education,” has been accepted for publication. Her co-authors include CUA faculty members Margaret Martin Barry and Lisa Martin.
 
2010
 
Professor Klein gave a presentation: “New Strategies in Community Legal Education,” at the UCLA/University of London 7th International Law Conference, Lake Arrowhead, CA, on November 6, 2010.   She also presented: “Teaching Social Justice Lawyering Through Community Education: Expanding the Vision of Clinical Legal Education,” Society of American Law Teachers Conference, Honolulu, HI, December 10, 2010.


 

 
Professor Megan La Belle
Professional Activities
 

2010 

Professor La Belle was the co-organizer and co-moderator, along with Professor Elizabeth Winston, 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. 

In March 2010, Professor La Belle presented her paper ”Patent Litigation, Personal Jurisdiction, and the Public Good,” which is forthcoming in the George Mason Law Review, at the Intellectual Property Roundtable sponsored by the Intellectual Property Law Center at Drake University School of Law.


Recent Media

Professor La Belle was interviewed for NPR's Marketplace on June 9, 2011, about a major patent case lost by Microsoft before the Supreme Court.

Professor La Belle was interviewed in July by Intellirights a web site that focuses on intellectual property, about the Supreme Court’s recent decision in Bilski v. Kappos regarding patentable subject matter. Professor La Belle was interviewed together with Christopher Cotropia, a professor at the University of Richmond.

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Professor Mary G. Leary

Professional Activities

2011

Professor Leary is an invited panel speaker for “Cyber Crime - the Expanding Use of Digital Evidence in all Criminal Cases,” to be presented at the Southeastern Association of Law Schools program in Florida during the summer of 2012. This panel will discuss the increasing use of digital evidence in all criminal cases, among other subjects. 

Professor Leary attended “Building Bridges of Freedom: Public-Private Partnerships to End Modern Day Slavery,” in Rome, Italy on May 18, 2011. The day-long conference brought together leaders from the business world, academia and religious leaders from various faiths in Rome, as well as politicians who are promoting legislation and awareness to combat buying and selling of human beings for profit. The event was hosted by the U.S. Embassy to the Holy See and and Miami-based St. Thomas University School of Law.

Professor Leary was a panelist for “Porn Predators and the Law: America’s Children in the Internet Era,” held April 9 at Syracuse University’s College of Law.  Leary spoke at an afternoon panel that discussed “Sexting: A Multi-Disciplinary Response.”

Professor Leary spoke on in St. Louis on May 4, 2011, at the Domestic and Sexual Violence Conference sponsored by the Missouri Office of Prosecution Services. The conference brought together prosecutors, law enforcement officers, victim advocates and other allied professionals for training on the issues surrounding domestic and sexual violence investigation and prosecution. Leary discussed “System Responses to Sexting: Techniques in Achieving Teen Safety & Offender Accountability.”

Professor Leary organized and moderated “Child Trafficking: America’s Role in the Problem and Solution,” held at the National Press Club in Washington, D.C., on April 7, 2011.

Professor Leary served as a panelist for “Porn Predators and the Law: America’s Children in the Internet Era,” a discussion sponsored by Syracuse University College of Law on April 9, 2011.   
 
Professor Leary also organized and moderated“Child Trafficking: America’s Role in the Problem and Solution,” a symposium held at the National Press Club in Washington, D.C., on April 7, 2011. Panelists included Luis CdeBaca, ambassador-at-large, Office to Monitor and Combat Trafficking in Persons, U.S. Department of State.

 

2010

Professor Leary participated on a breakout panel discussing “Sexting: where hormones and technology meet,” at the 2010 conference of the Family Online Safety Institute on Nov. 9 in Washington, D.C. 

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.  



Publications

 

 

“Reasonable Expectation of Privacy for Youth in a Digital Age- What if Savana Redding Had a Cell Phone?” Mississippi Law Journal, Vol. 80, No. 3 (2011).
 

Professor Leary’s paper, "Sexting or Self-Produced Child Pornography? The Dialogue Continues – Structured Prosecutorial Discretion within a Multidisciplinary Response", was listed on the Social Science Research Network’s Top Ten download list for Criminal Law (Sexuality). As of Sept. 20, 2010, her work had been downloaded 25 times. 

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


2011

Professor Leary was the subject of a profile in the summer, 2011 issue of CUA Magazine, “Legal Scholar Confronts Child Pornography.”


2010

Professor Leary was quoted in the Wall St. Journal online (Aug. 25) in its article "Are Sext Messages a Teenage Felony or Folly?"

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.

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. 

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Professor Lisa Lerman

Professional Activities

2011
 

Professor Lisa Lerman served as a panelist on “View from the Outside,” the South Carolina Department of Justice’s Professional Responsibility Officer Conference held in Columbia on Feb. 25, 2011.

Professor Lerman attended her first meeting as a new member of the AALS Committee on Bar Admission and Lawyer Performance at the annual meeting of the Association of American Law Schools in San Francisco, held Jan. 5 to 8, 2011.


2010
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.

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Professor David Lipton

Professional Activities

2011

Professor Lipton served as moderator of a video cast for the SEC Historical Society on Nov. 1, titled "The Silver Screen and the SEC." He is a member of the Board of Advisors to the organization.  

On Oct. 18, he moderated a symposium, “Creating Liquidity for Shareholders of Private Companies: The New Definition of Publicly Traded Securities,” in the New York City offices of the law firm Dewey & LeBoeuf, which supported and hosted the program.

2010
 

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

2011

Professor Lipton was quoted in Bloomberg News online on Aug. 3, 2011 for its story “Wall Street Bankers Face Bond Disclosure Rules to Protect States, Cities.”

Professor David Lipton was quoted in “Finra's Disciplinary Cases Rose 13% in '10, Study Says,” a news article on the Wall St. Journal’s Marketwatch.com site on Feb. 28, 2011. Lipton commented on the 13% increase in disciplinary cases filed by the Financial Industry Regulatory Authority from 2009 to 2010.  

2010

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 

2011

Professor Ludwikowski’s Comparative and International Law Institute marked its 25th anniversary with a discussion on recent developments in international trade held at the Embassy of the Republic of Poland on March 24, 2011. The occasion was also in celebration of two related dates:  the 20th anniversary of the International Business and Trade Summer Law Program in Cracow; and the 10th annual trade panel discussion, which began in 2001.

2010

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.   

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Professor Suzette Malveaux

Professional Activities


2011

Professor Malveaux served as a panelist for “How Legal Rules Shape Access to Justice,” held on Nov. 4, 2011 as part of the 19th Annual Ira C. Rothgerber Conference in Denver, CO. The theme of this year’s conference was Toward the Constitutional Right of Access to Justice: Implications and Implementation.


Professor Malveaux gave the Founder’s Lecture at the Thirty-Third Annual Ollie May Cooper Award Ceremony and Thirty-First Annual Founders’ Lecture Series, sponsored by the Washington Bar Association on Oct. 27, 2011.  The award recipient was the Hon. Melvin R. Wright, associate judge of the Superior Court of the District of Columbia. Guests included the judges from the U.S. Supreme Court, the D.C. Court of Appeals, D.C. Superior Court, U.S. District Court, Federal Claims Court and the Office of Administrative Hearings.

Professor Malveaux offered her analysis of some of the major cases argued before the United States Supreme Court during its most recently concluded term at the “2010-2011 Supreme Court Review,” sponsored by The American Constitution Society for Law and Policy June 30, 2011.

Professor Malveaux was an invited speaker for “Crisis in the Legal Profession,” held at the Claude W. Pettit College of Law of Ohio Northern University on March 30, 2011. Her remarks were titled “Procedure in the Pursuit of Justice.” 

Professor Malveaux was part of a panel discussion, “Equal Justice for All: Are Pro-Corporate Decisions Hurting Everyday Americans?” hosted by Alliance for Justice on March 4, 2011. The event was held at the National Press Club. The event was part of AFJ’s campaign to raise awareness about what it considers the disproportionate influence exerted by corporations on the judicial system. 

Professor Malveaux gave a Feb. 9 keynote address to an audience of about 600 high school students, administrators and teachers at the Academy of the Holy Cross to celebrate Black history month and diversity. Holy Cross is an all-girls Catholic high school located in Kensington, Md., and describes itself as “committed to developing women of courage, compassion, and scholarship who responsibly embrace the social, spiritual, and intellectual challenges of the world.”



2010

Professor Malveaux was a presenter in a conference breakout panel, “Civil Issues Percolating in Courts of Appeal,” as part of the Appellate Judges Education Institute2010 Summit for Appellate Judges, Lawyers and Staff Attorneys, held in Dallas, TX on Nov. 18, 2010. The conference brought together hundreds of appellate judges and lawyers from around the country and included speakers such as Kenneth Starr and Walter Dellinger.


Professor Malveaux moderated a legal panel that discussed the case, AT&T Mobility v. Concepcion, which will be argued before the U.S. Supreme Court in November. Some commentators believe that this case, which has garnered relatively little attention, has potentially wide-ranging implications for consumer, civil rights, and other class actions. The briefing was held on Oct. 19, 2010 at the National Press Club.

Professor Suzette Malveaux served as a moderator and panelist at the Third National People of Color Legal Scholarship Conference, held Sept. 9 -12 at Seton Hall Law School. Professor Malveaux’s panel considered “The Impact of Civil Procedural Mechanisms on Civil Rights Enforcement.”

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 extensively in the Sept. 2011 issue of Washington Lawyer for its article, "Wal-Mart v Dukes: The Implications."

Professor Malveaux was profiled for her civil rights work in an Aug. 24 article on the web site of the American Association of University Women.

Professor Malveaux was quoted in New Orleans City Business on July 27, 2011, for “Don’t sound death knell for class actions just yet.” She discussed the implications of recent Supreme Court decisions regarding class action lawsuits. 

Professor Malveaux was quoted in the Washington Post on Nov. 8, 2010 for its “Supreme Court case could affect waitresses’ effort to gain class action status.” She was quoted about a lawsuit filed by Hooters restaurant waitresses that challenges their requirement to take an employment dispute to arbitration instead of the courts.

 

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.

Publications

"Class Actions at the Crossroads: An Answer to Wal-Mart v. Dukes," 5 Harvard L. & Policy Rev. (June 2011).

Professor Malveaux’s work was cited by NYU Professor Arthur Miller in his article on the federal pleading standard. Malveaux’s scholarship regarding pre-dismissal discovery was cited in   “Conley to Twombly to Iqbal: A Double Play on the Federal Rules of Civil Procedure,” 60 Duke L.Rev. 1, 109 n. 422 (Oct. 2010).

Professor Malveaux’s article, “Front Loading and Heavy Lifting; How Pre-Dismissal Discovery Can Address the Detrimental Effect of Iqbal on Civil Rights Cases,” 14 Lewis & Clark L. Rev. 65 (2010), was recently cited by Judge Richard A. Posner in his dissenting opinion in Swanson v. Citibank, in support of the thesis “If the plaintiff shows that he can’t conduct an even minimally adequate investigation without limited discovery, the judge presumably can allow that discovery, meanwhile deferring ruling on the defendant’s motion to dismiss.”

 

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Professor Ray 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.   


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. 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.


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

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


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 Sandy Ogilvy

Professional Activities

2011

Professor Ogilvy was the organizer of a visit by approximately 20 Haitian high school students to the law school on Aug. 24, 2011, as part of a three-week journey to the United States designed to broaden their understanding of U.S. culture, society, and system of justice. Their stop on campus was coordinated by the Columbus School of Law’s CUA-Haiti Initiatives program, which is currently working with a sister law school in Haiti to create and train a new generation of lawyers and citizens willing to stay and work in Haiti.

Professor Sandy Ogilvy was among the speakers for “How Law Firms Collaborate with Law Schools on International Pro Bono Service,” presented by ABA Section of International Law International Pro Bono Committee on March 23, 2011. The teleconference program explored
how law firms collaborate with law school international pro bono projects.

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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.

Recent Media

Professor Perez was quoted in the online Houston Chronicle on June 23, 2011, for an article about a House bill that would inpose diplomatic penalties on countries that refuse to repatriate their diplomatic personnel convited of serious crimes in the U.S.
 

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Professor Kenneth Pennington

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.


2009

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.


Publications

"Law as Profession and Practice in Medieval Europe," Essays in honor of James A. Brundage (2011). Edited by Kenneth Pennington, and Melodie Harris Eichbauer.

Essay: "Rights," Oxford Handbook of the History of Political Philosophy, ed.  George Klosko (Oxford: Oxford University Press, 2011) 530-543

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 “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 Mark Rienzi

Professional Activities

2011

Professor Rienzi serves as a panelist  for “Supreme Court Preview: What Is in Store for October Term 2011?” at Washington, D.C’s National Press Club. The event was sponsored by the Federalist Society and moderated by Jan Crawford, chief legal correspondent for CBS News.

On Oct. 18, Professor Rienzi joined Supreme Court litigators Michael Carvin of Jones Day and Neal Katyal of Hogan Lovells to discuss the Supreme Court’s new term for an audience of Congressional staffers. Professor Rienzi discussed three First Amendment cases.

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.

Professor Rienzi successfully litigated a case from Illinois that protected a pharmacist’s right to refuse to dispense emergency contraception such as the “morning after pill” if it conflicts with their religious beliefs.  In April, A Sangamon County Circuit Court judge struck down a 6-year-old state rule that required Illinois pharmacies to dispense emergency contraception.

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 Heidi Schooner

Professional Activities

2011

Professor Schooner has served as:

Panelist, Law, Finance, and Accountability After Financial Reform, American University Law School (April 8, 2011) 

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)


Publications

“U.S. Bank Resolution Reform: Then and Again,” in Cross Border Insolvency, Oxford (Rosa Lastra, ed.) (2011)

Recent Media

Professor Schooner was quoted in American Banker on Jan. 11, 2011 for an article, “FDIC Battles Failed-Bank Execs Who Take Files.”

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Professor Marin Scordato

Professional Activities/Scholarship Citations


2011

Professor Scordato is serving as a reviewer for the peer-reviewed publication, “The Journal of Philosophy, Science and Law,” sponsored by the University of Miami and Georgia Tech.

 Federal Preemption of State Court Claims, 25 U.C. Davis Law Review 1 (2001), was cited by the Circuit Court of Missouri, Twenty-Second Judicial Circuit, in its Order in the case of City of St. Louis v. American Tobacco Co., 2010 WL 5685856 (2010).

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).

Paula A. Monopoli and Marin R. Scordato, “Free Speech Rationales after September 11th: The First Amendment in Post-World Trade Center America,” 13 Stanford Law & Policy Review 185 (2002), was cited by Shawn Marie Boyne in "Free Speech, Terrorism, and European Security: Defining and Defending the Political Community," 30 Pace Law Review 417 (2010); cited in Lindsay A. Hitz, “Protecting Blogging: The Need for an Actual Disruption Standard in Pickering,” 67 Washington & Lee Law Review 1151 (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


Professional Activities


2011

Professor Silecchia moderated “International Human Rights and Environmental Law: Connecting Contemporary Principles and Catholic Social Teaching,” offered for Marquette University’s faculties in law and theology, on Feb. 18, 2011. The previous day, she delivered the 2011 Marquette University Simmons Lecture, “More Will be Expected: Catholic Social Thought and International Environmental Stewardship.”  Her remarks explored how principles of Catholic social thought are reflected in international environmental law.
 
Professor Silecchia joined colleagues from five other schools at Catholic University for a roundtable discussion, “What Faith Has to Do with Intellectual Life,” held on Jan. 18, 2011 at the Edward J. Pryzbyla University Center. Six CUA faculty members, one each from six of the university’s 12 schools, spoke before an audience of more than 200 about what faith means for them as teachers, researchers and scholars, and how they are able to bring it to bear in the environment of a Catholic university.

2010

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).


Publications

Professor Silecchia’s article, "Pope John Paul II's Evangelium Vitae and the 'Horizon of the Good” was published in the inaugural issue of the Journal of Christian Legal Thought during the spring of 2011.

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

2012

Professor Simon was appointed a research fellow with the U.S.-Asia Law Institute, which is affiliated with New York University School of Law. The institute serves as a resource and partner to various Asian countries as they reform and further develop their legal systems and institutions.

2011

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.


She is serving as a blogger on China for Alliance magazine, on whose editorial board she serves.

In July, Professor Simon spoke on a panel for a "China 101" seminar for congressional staff. The topic was "Human Rights and Social Change in China." 

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’s article, “Regulation of Civil Society in China,” was published in January and ranked #1 in mid-April in the SSRN rankings for Descriptive Studies in Emerging Markets.

Professor Simon anticipates completion of her book on civil society organizations in China during the summer of 2011. Upcoming projects include editing a volume about civil society in Japan and research into additional current developments in China. Professor Simon is also reviewing manuscripts for the Journal of Chinese Political Science, published by San Francisco State and Fudan (Shanghai) Universities; and Asian Survey, published by UC Berkeley.


Professor Simon organized and moderated “Opening Space for Civil Society in China: Can the “Soft” Power of the United States Help?” a 90-minute program held on Feb. 8, 2011 at the National Press Club in Washington, D.C. It assembled a panel of five experts in the field to produce an informal report card on the state of civil society in China today. The group also discussed what, if anything, the United States can do to encourage the flourishing of civil society initiatives in one of the oldest nations on earth.

 

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.


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 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

Professor Simon was quoted for an article from the Voice of America (in Chinese) in Oct., 2011. The story is titled “Does China Need a Good Samaritans Law”?

Professor Simon was interviewed by Voice of America’s Chinese language service for a report about regulation of charitable fund raising in the U.S. and how it compares with China. The story was aired on short wave radio in China.

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.


“Outsourcing Social Services to NPOs: Perspectives from China and Other Countries” (in Chinese) (Peking University Press, 2010).


Conferences and Symposia

Professor Simon was a panelist for the symposium “Civil Society and Legal Activism in China: The Public Health Challenge,” sponsored by Fordham Law School and the Leitner Center for International Law and Justice on Feb. 24, 2011. The day-long discussion examined the ways in which civil society can help to address the massive health challenges confronting China today. Simon’s panel, “Civil Society in China: Regulation and Practice,” was moderated by Professor Jerry Cohen, co-director of the U.S.- Asia Law Institute, NYU School of Law.

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

Professional Activities

2011


Professor Smith was named the first visiting fellow at Indiana University’s new Center for Law, Ethics, and Applied Research in Health Information. His fellowship was offered for the month of July, 2011.


2010
Professor Smith conducted a seminar on “The Law and Palliative Care at the End of Life” at Indiana University in Indianapolis in November, 2010. The event was sponsored by the university’s Department of Philosophy. He also delivered a lecture, “Bioethics and Human Rights: Toward a New Constitutionalism,” before an audience of legal scholars and others at the Sydney Law School, University of Sydney, Australia, on Aug. 19. His hour-long talk, honoring the late Professor George G. Winterton of the University of Sydney, examined the ongoing battle for universal recognition and enforcement of human rights, including the right to health, health care and health protection.

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

“Refractory Pain, Existential Suffering and Palliative Care,” 20 Cornell Journal of Law and Policy (2011).

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Professor William Wagner

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.


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

2011

Professor Winston was a panelist for “Evolving the Court of Appeals for the Federal Circuit and its Patent Law Jurisprudence,” a symposium on Feb. 25, 2011 that was sponsored by Missouri Law Review. Winston and her co-panelists specifically discussed “Structure and Jurisprudential Approach of the Court of Appeals for the Federal Circuit,” which covered issues such as howthe structure of the court impacts the development of the law.

2010

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 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.”

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 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.


"A Patent Misperception",16 Lewis & Clark Law Review (2012).

Professor Winston’s paper, "Clarifying the Doctrine of Inequitable Conduct", was recently listed on SSRN's Top Ten download list for ERPN: Copyright & Trademark (Sub-Topic). As of Jan. 28, 2011, the paper has been downloaded 11 times.

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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Professor Leah Wortham

Professional Activities


2011

Professors Leah Wortham and Catherine Klein were featured speakers at the 6th Global Alliance (GAJE) Worldwide Conference and the 9th International Journal of Clinical Legal Education Conference (IJCLE) jointly sponsored by the University of Valencia on July 11-15, 2011. Forty three countries were represented. 

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.


2010

Professors Leah Wortham and Catherine Klein were keynote plenary speakers at the 8th International Clinical Legal Education Conference held at Northumbria University in Newcastle Upon Tyne, England on July 7-9,2010.  

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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