Publications, Presentationsand Honors

The School of Law faculty

has a well-deserved reputa-

tion for producing the

highest quality scholarship,

as evidenced by the rich

array of books, articles,

working papers, and con-

ference presentations they

complete each year. The

faculty's work helps foster a

collective vision of the ways

legal scholarship can trans-

form law, policy, practice,

and the education of young

lawyers. The entries on the

following pages represent

only a sampling of the

diverse scholarly activities

of our community. For a

more complete listing, visit

www.law.umaryland.edu/

scholarship

Taunya Banks will publish anarticle "Mesrizaje and theMexican Mestizo Self: No haySangre Negra, So There is NoBlackness," Southern CaliforniaInterdisciplinary Law Journal(2006). She published ScreeningJustice: -the Cinema of Law:Significant Films of Law, OrderAnd Social Justice (forthcomingOct. 2006) (with RennardStrickland and Teree Foster).

Barbara Bezdek published "ToForge New Hammers of Justice:Deep-Six the Doing-TeachingDichotomy and Embrace theDialectic of 'Doing Theory',"4 University of Maryland LawJournal of Race, Religion, Genderand Class 301 (2004).

Brenda Bratton Blom published"Finding Your Balance on theTightrope: Reflections from aClinical Life," 4 University ofMaryland Law Journal of Race,Religion, Gender and Class273 (2004).

Pamela Bluh published "OpenAccess, Legal Publishing, andOnline Repositories," 34 Journalof Law, Medicine & Ethics126-130 (Spring 2006).

David Bogen published "TheMarket Participant Doctrine andthe Clear Statement Rule," SeattleUniversity Law Review (2006).

Richard Booth published thearticles "Who Should RecoverWhat for Late Trading andMarket Timing?" 1J Bus. Tech. L.(2006); "The End of the SecuritiesFraud Class Action as We KnowIt," 3 Berkeley Bus. L. J (2006);and "Executive Compensation,

Corporate Governance, and thePartner-Manager," 269 U II/, L.Rev. (2004).

Danielle Citron published"Minimum Contacts in aBorderless World: Voice overInternet Protocol and theComing Implosion of PersonalJurisdiction Theory," 39 UCDavis Law Review 101 (2006).

Douglas Colbert published"Coming Soon to a CourtNear You-Convicting theUnrepresented at the Bail Stage:An Autopsy of a High Court'sSua Sponte Rejection of IndigentDefendants' Right to Counsel," 36Seton Hall Law Review 653 (2005).

Kathleen Dachille published acommentary, "Mandate Fire-SafeCigarettes in Maryland," in TheBaltimore Sun. Her presentationsincluded "Canaries in the Mine:Protecting Flight Attendants andChildren from SecondhandSmoke" and "Flavored TobaccoProducts: Like Giving Candy to aBaby," at the National Conferenceon Tobacco or Health and"Flavored Tobacco Products: TheTobacco Industry's Tactics andthe Public Health Community'sOptions in Response," at theNew York State Departmentof Health, Tobacco ControlProgram's Annual Meeting.

Jerome Deise presented "TheAftermath of Crawford" at theCriminal Law Section of the ABAmeeting in Baltimore, and"Developments and TrendsRegarding the Right toConfrontation since Crawford v.Washington," at the Circuit Courtof Baltimore City.

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Lisa Fairfax published rwo arti-cles, "The Bottom Line on BoardDiversity: A Cost Benefit Analysisof the Business Rationales forDiversity on Corporate Boards,"Wisconsin Law Review 795 (2005)and "Spare the Rod, Spoil theDirector?-Revitalizing Directors'Fiduciary Duty Through LegalLiability," 42 Houston Law Review393 (2005).

Don Gifford published "ThePeculiar Challenges Posed ByLatent Diseases Resulting FromMass Products," 64 MarylandLaw Review 613-98 (2005);"Symposium: Calabresi's TheCostsof Accidents: A Generation ofImpact on Law and Scholarship,"Foreword, 64 Maryland LawReview 1-11 (2005); and "TheChallenge to the IndividualCausation Requirement in MassProducts Torts," 62 Washington &Lee Law Review 873 (2005).

Daniel Goldberg publishedarticles "E Tax: The Flat Tax as anElectronic Credit VAT," 108 TaxNotes 1168-1175 (2005) and "ToPraise the AMT or to Bury It,"24 Virginia Tax Review835-861 (2005). (Distributed asdiscussion materials at the ABATax Section Meeting [September2005] and digested in TheMonthly Digest of Tax Articles[September 2005]).

Mark Graber was named theAmerican Political ScienceAssociation's Section Head forLaw and Courts. He publishedthe book Dred Scott and theProblem of Constitutional Evil(Cambridge University Press)and articles including "Lost andNot Yet Found: The New First

JD FALL 2006

FACULTY

Amendment," 14 The GoodSociety 19 (2005); "Enumerationand Other ConstitutionalStrategies for ProtectingFundamental Rights: The Viewfrom 1787/1791," Universityof Pennsylvania Journal ofConstitutional Law; "PopularConstitutionalism, JudicialSupremacy, and the CompleteLincoln Douglas Debates,"University of Chicago-KentLawReview (forthcoming): and "DredScott as a Centrist Decision," 83University of North Carolina LawReview 1229 (2005), along withnumerous ochers.

Michael Greenberger publishedan article "Checks and Balances:Congress' Failure ro Act on War onTerror," 26 LegalAffairs 32 (2005).

Diane Hoffmann published"Judging Genes: When ShouldJudges Admit or Compel GeneticTests?" (with Karen Rothenberg)310 Science 241 (2005).

Renee Hutchins received theMaryland Chapter of the FederalBar Association's 2006 Peter A.DiRiro Endowment Award jointlywith Michael Millemann and theAppellate Advocacy and PostConviction Clinic. She alsopublished an article, "ComingOff the Bench: Observations of aRookie Cliniciai .," 4 University ofMaryland Law Journal of Race,Religion, Gender and Class297(2004).

Sherrilyn Ifill appeared onC-SPAN's broadcast of theAmerican Constitution Society'sforum, "What the Senate ShouldAsk Judge Alire]," and appearedon NBC Nighdy News providingexpertise on the civil rights recordof Judge Aliro. Professor Ifilldelivered the keynote address at"Southern Exposure: A RegionalSummit on Racial Violence andReconciliation," at the Universityof Mississippi, and served on thepanel "The Constitution: Deador Alive?" at rlie Washingron BarAssociation's Judicial CouncilAnnual Symposium.

Michael Millemann receivedseveral awards, including the

2005 University of MarylandTIAAI CREF OutstandingTeacher Award, the MarylandState Bar Association's 2005lifetime pro bono award, theMaryland Chapter of the FederalBar Association's 2006 Peter A.DiRiro Endowment Award(jointly with Renee Hutchinsand the students in the AppellateAdvocacy and Post-ConvictionClinic), and the 2005 CLEAPublic Interest Advocacy Award(on behalf of the ClinicalLaw Program).

He wrote three articles thatwere published: "CollateralRemedies in Maryland roChallenge Criminal Convictions:An Assessment," 64 Md. L. Rev.968 (2005); "Teaching LegalResearch and Writing with ActualLegal Work: Extending ClinicalEducation inro the First Year"(co-authored with Steven D.Schwinn), 12 Clinical LawReview 441 (2006); and"Preferring White Lives: TheRacial Administration of theDeath Penalty in Maryland,"(co-authored with GaryChristopher), 5 University ofMaryland Law Journal ofRace, Religion, Gender and Class1 (2005).

Paula Monopoli publishedan article "Drafting Attorneysas Fiduciaries: Fashioning anOptimal Ethical Rule for Conflictsof Interest" (lead article), 66University of Pittsburgh LawReview 411 (2005), and will pub-lish "Gender and ConstitutionalDesign" in the forthcoming YaleLaw Journal 116 (2006).

Helen Norton published articles"Re-Shaping Federal Jurisdiction:Congress' Latest Challenge toJudicial Review," 41 wake ForestLaw Review (forthcoming 2006),"Coverage of ReproductiveTechnologies Under Employer-Sponsored Health Care Plans," 8Employment Rights &EmploymentPolicy Journal 523 (2005), and"Stepping Through Gruner'sOpen Doors: What the Universityof Michigan Affirmative ActionCases Mean for Race-ConsciousGovernment Decisionmaking,"78 TempleLaw Review 543 (2005).

Robert Percival was elected tothe American Law Institute inthe honors category. He pub-lished articles "Who's Afraid ofthe Precautionary Principle?", 23Pace Env. L. Rev. 21 (2006),and "Environmental Law in theSupreme Court: Highlights fromthe Blackmun Papers," 35 Env.L. Rep. 10637 (2005), a fifthedition of his casebook,Environmental Regulation: Law,Science & Policy (Aspen 2006),and Environmental Law Statutoryand CaseSupplement with InternetGuide, 2006-2007 (Aspen 2006).He made numerous presentationsdomestically and internationally,including: "New Directionsin Environmental Law" at theVirginia Environmental Law

Journals 25th AnniversaryCelebration; "WedandsRegulation: What Are theLimitations of the CommerceClause?," at the FederalistSociety's Washingron, D.C.Lawyers Conference onEndangered Species Act Reformand Wedands Regulation; and"Preventing and Responding roEnvironmental Emergencies,"at the China Council forInternational Cooperation onEnvironment and Development,Environmental Governance TaskForce in Beijing, China.

Michael Pinard received the2006 Shanara Gilbert EmergingClinician Award from theAALS Section on Clinical LegalEducation. He published the arti-cles "An Integrated Perspectiveof the Collateral Consequencesof Criminal Convictions and theReentry of Formerly IncarceratedIndividuals," Boston UniversityLaw Review (2006) and "TheLogistical and Ethical Difficultiesof Informing Juveniles aboutthe Collateral Consequences ofAdjudications," Nevada LawJournal (2006). He also moderat-ed for the Plenary Session"Collaboration in LawyeringlPractice" at the May AALSConference on ClinicalLegal Education.

Peter Quint published "TowardFlawlessness," Vol. 14 No. 1-2The Good Society, A PEGS

Journal 22 (2005), and '''TheMost Extraordinarily PowerfulCourt of Law the World HasEver Known'?- Judicial Review inthe United States and Germany,"65 Maryland Law Review 152(2006), and presented "Leadinga Constitutional Court:Perspectives from the FederalRepublic of Germany", Universityof Pennsylvania Law ReviewSymposium, Philadelphia, Pa.(November 11,2005) (forthcom-ing in University of PennsylvaniaLaw Review); and "Layers of thePast-The Enemy CombatantsCases," Marylandl GeorgerownConstitutional Law Schmooze,University of Maryland School ofLaw (March 4, 2006).

Bill Reynolds made presenta-tions including: "The SupremeCourt" at the Maryland CircuitCourt Judges' Conference;"Electronic Commerce" at theMaryland Judicial Institute; and"Ethics" and "InterstateEnforcement Issues" at theNational Child SupportEnforcement Association'sAnnual Meeting.

Professor Reynolds also pub-lished The Full Faith and CreditClause, (Greenwood Press 2005)(with William Richman);"Parentage and Child Support:Interstate Litigation and Same-Sex Parents," 24 Del. Lwyr. 26(Spring 2006) (with Susan Paikin);and "Internet Contracting Cases2004-2005," 61 Bus. Lwyr 433(2006) (with Juliet Moringiello).

Karen Rothenberg was a panelmember at the March NIHState-of-the-Science Conference:Cesarean Delivery on MaternalRequest. She was appointed theAcademic Adviser ro the BusinessWomen's Initiative AgainstHNIAIDS, and named a memberof the Maryland Stem CellResearch Commission. She pub-lished "Judging Genes: WhenShould Judges Admit or CompelGenetic Tests?" (with DianeHoffmann) 310 Science241 (2005).

Steven Schwinn published thearticles "Teaching Legal Researchand Writing with Actual LegalWork: Extending Clinical

JD FALL 2006 46

Education inro the First Year"(with Michael Millemann)Clinical Law Review (2006),and "Toward a More ExpansiveWelfare Devolurion Debate" 9Lewis & Clark Law Review 311(2005). He presenred "UsingAcrual Legal Work in the FirstYear," at the 6th AnnualInrernarional Clinical Conference,UCLA (Ocrober 2005) (withMichael Millemann): "CivilDouglas," 23rd Annual EdwardV. Sparer Symposium on CivilGideon, Philadelphia, Pa. (March2006); and "Theory and Modelsof Actual Legal Work in the FirstYear," Association of AmericanLaw Schools Mid-Year Meeting,"Conference on New Ideas forLaw School Teachers: TeachingIntentionally," Vancouver,B.C.aune 2006).

Rena Steinzor served on thepanel "Implications of the DataQuality Act" at the District ofColumbia Bar's Section onEnvironment, Energy, andNatural Resources, and madepresentations including "InFairness ro Future Generations"and "Mother Earth and UncleSam: How Pollution and HollowGovernmem Hurt Our Kids," atthe University of Florida, LevinCollege of Law's Twelfth AnnualPublic Inreresr EnvironmentalConference.

Robert Suggs published an arti-cle "Poisoning the Well: Law &Economics and RacialInequality," 57 Hastings LawJournal 255 (2005), and servedon the panel "Whose Role Is ItAnyway? Nontraditional Casting,Creativity and the Law" at theUniversity of Maryland School ofLaw Linking Law and An Series.

Lawrence Sung published The2005-2006 Patent Law Handbook(Thomson/West 2005) and the"2005 Supplernent" ro PatentInfringement Remedies (BNABooks 2005). His presentationsincluded: "Collegiality andCollaboration in the Age ofExclusivity" at the NationalCollegiate Inventors &Innovators Alliance l Orh AnnualMeeting; "The Effect of Patent

Reform Legislation on ScientificResearch" at the AmericanAssociation for the Advancementof Sciences - Capital Science2006; and "You've ParentedWhat?!: Biotechnology and theInvenrive Act," at Case WesternUniversity School of Law.

David Super publishednumerous articles, including"Rethinking Fiscal Federalism,"118 Harvard Law Review 2544(2005); "Are Rights Efficiem?Challenging the ManagerialCritique of Individual Rights,"93 California Law Review1051 (2005); "EncouragingModeration in State Policies onCollecting Food Stamp Claims,"39 Clearinghouse Review 347(2005); and "Improving Fairnessand Accuracy in Food StampFraud Investigations: Advocatingfor Reform under Food StampRegulations," 39 ClearinghouseReview 46 (2005).

Maureen Sweeney published anarticle, "A Check on the RealRealities of Immigration: AReflection" 5 University ofMaryland Law Journal of Race,Religion, Gender and Class (vol-ume 2, 2005). She also presenred"Immigration Consequences ofCriminal Convictions," at severaltrainings for the Maryland Officeof the Public Defender; and"Green Card Campaign forAsylees" at the CommunityMeeting for Asylees SeekingAdjustment of Status to LawfulPermanenr Residence at theUniversity of Baltimore.

Allyn Taylor published thearticles "Origins of the WHOFramework Convention onTobacco Control," (with RuthRoemer & Jean LaRivere) 95American Journal of Public Health936 (2005) and "Trade, HumanRights and the WHO FrameworkConvenrion on Tobacco Conrrol:Just What the Doctor Ordered?"in Trade and Human Rights(Oxford University Press) (2006).She has also presenred "TheIndian Ocean Tsunami andthe Global Legal Frameworkfor Disaster Preparation andResponse," Annual Health Law

Teachers Conference, Universityof Maryland School of Law(june 2006); "Global HealthEquity and International Law:Evaluating Global Access roEssenrial Medicines," ImprovingAccess co Medicines in theDeveloping World Conference,University of Maryland Schoolof Medicine (April 2006)(Sponsored by Universities Alliedfor Essential Medicines andPhysicians for Human Rights);"Women's Health and HealthSecurity," Global Advancemenrof Women: Barriers and BestPractices Conference. Universityof Maryland School of Law(April 2006); "The WHOFCTe Taking Global PublicHealth Seriously?" Brooklyn LawSchool Health Law, InrernationalLaw, and Business LawConference Series, Brooklyn,N.Y. (Ocrober 2005); and "TheWHO FCTe Breathing Lifeinto Global Public Health Law,"Columbia University School ofPublic Health Center for AppliedPublic Health, New York, N.Y.(April 2005).

Michael Van Alstine publishedthe articles "The Death of GoodFaith in Treaty Jurisprudenceand a Call for Resurrection," 93Georgetown Law Journal 1 (2005)and "Executive Aggrandizemenrin Foreign Mfairs Lawmaking,"53 UCLA Law Review (2006).He also published a chapter,"The International SalesContract, Including the UnitedNations Convenrion on theInrernational Sale of Goods,"in International CommercialTransactions (MICPEL 2005).

Katherine Vaughns served as amember of the Bar Associationof Baltimore City's AlternateDispute Resolution Committeeand as Chair of the CenrersrageCommunity EngagemenrCommittee and as a member ofits Executive Committee, Boardof Trustees Committee, andStrategic Long-Range PlanningTask Force.

Ellen Weber published "Bridgingthe Barriers: Public HealthStrategies for Expanding Drug

Treatmem in Communities," 57Rutgers Law Review 631 (2005).

Deborah Weimer published"Expanding Our Vision:Inregrating Clinical Experienceand Insights Into the LargerCurriculum," 4 University ofMaryland Law Journal of Race,Religion, Gender and Class293 (2004).

Marley Weiss published thebook chapters "Regulation of theWork Performance Relationship:Independent Contractors, LaborSubconrracrors, and jointControl Over an Employment-Like Relationship," in DerechoSocial: Memoria del CongresoInternacional de Culturas ySistemas Juridisos Comparados183- 221 (Patricia KurczynVillalobos, ed. 2005); "KentuckyRiver at the Intersection ofProfessional and SupervisorySrarus-Ferrile Delta or BermudaTriangle?" in Labor Law Stories353-98 (Laura J. Cooper &Catherine L. Fisk, eds. 2005);and "Comparative Reflections onthe American Concepcualizationof the Collective BargainingAgreemenr and the RelatedCrises in U.S. CollectiveBargaining and EmployeeBenefits Law," in Liber AmicorumHagelmayer Istvanne Tiszteletere225-43 (2005).

Robin Wilson published thebook Handbook of Children,Culture & Violence with NancyDowd and Dorothy G. Singer,eds. (Sage Press 2006). She pub-lished the articles "EvaluatingMarriage: Does Marriage Matterto the Nurturing of Children?,"42(3) San Diego Law Review 847(2005); "Autonomy Suspended:Using Female Patients ro TeachIntimate Exams Without TheirKnowledge or Consent," 8(2)Journal of Health Care Law &Policy 240 (2005); and "Comment:Removing Violenr Parenrs fromthe Horne: A Test Case for thePublic Health Approach," 12Virginia Journal of Social Policy &Law 638 ro 672 (2005).

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