VOL 7 . NO 1 | suMMer 2012 Scholarship by Tuch, Sale Among Ten Best Articles T From left: third-year law students Justin lepp, nick rosinia, and Mikela sutrina won the championship in the aBa’s national appellate advocacy competition. Students Named National Champions in ABA Moot Court Competition T Justin Lepp, Nick Rosinia, and Mikela Sutrina recently made history by becoming the first Washington University School of Law team to win the American Bar Association’s National Appellate Advocacy Competition, the largest and most competitive moot court competition in the country. The students went a combined 11-0 in the Seattle Regional and National Final en route to the championship, surpassing 209 other teams from 118 law schools. Rosinia and Sutrina also received individual recognition as the secondand third-ranked speakers overall in the six rounds of the National Final. “Our success can be attributed to three things: the incredible talent of my teammates, the passion and skill of our coach, and the support of the law school community, including other students, professors, and alumni,” Lepp says. “Winning the national championship proves what we have all known for a while, that Wash U trains advocates who know how to win.” Lepp, Rosinia, and Sutrina were crowned the champions by a final-round panel that included Seventh Circuit Judge John D. Tinder and U.S. District Court Judges Edmond E. Chang, John W. Darrah, and Charles P. Kocoras. The final round was held in the ceremonial courtroom of the Supreme Court of Illinois in Chicago. “This was the very best final round in this competition in recent memory,” says Larry Bates, competition Washington University School of Law is now committee chair. accepting applications for @WashULaw, the first Rosinia observes, “Competand only top-tier online Master of Laws in U.S. ing in the final round was an Law for Foreign Lawyers in the country. Delivunforgettable experience but ered through state-of-the-art online technologies, one that Coach Finneran the program will integrate live classroom sessions prepared us for from the very with streaming video and self-paced content. For more information, see article on page 3 or visit: onlinelaw.wustl.edu. hird-year law students continued on page 6 by Washington University law faculty have been named among the Ten Best Corporate and Securities Articles of 2011. The articles, which were selected through an annual poll of corporate and securities law academics from a field of 580 pieces, will be reprinted in an upcoming issue of the Corporate Practice Commentator. Hillary Sale, the Walter D. Coles Professor of Law and professor of management, was honored for her article “The New ‘Public’ Corporation,” which appeared in 74 Law and Contemporary Problems 137. Corporate law scholar Andrew F. Tuch—who will join the law faculty as an associate professor on July 1—was recognized for his article “Multiple Gatekeepers,” which appeared in 96 Virginia Law Review 1583. In her article, Sale argues that the term “public company” no longer means simply one with shares listed on a national securities exchange. “Public corporations are not just creatures of Wall Street,” she writes. “They are creatures of Main Street, the media, bloggers, Congress, and the government.” Sale next describes a vicious cycle in which bloggers and the media make the public aware of corporate scandal or malfeasance. The public then pressures the government to intervene, leading to further intervention, regulation, and even greater awareness among the media and the blogosphere. The cycle then starts over again. wo articles continued on page 2 sideBar Volume 7 . Number 1 2 Hollander-Blumoff Elected to American Law Institute R psychology from New York University. This unique backassociate professor of law, has ground provides an interdisciplinbeen elected to the American Law ary perspective to her research Institute (ALI), a national indepenon law and psychology in the dent organization that focuses on context of dispute resolution and producing scholarly work to clarify her exploration of the relationship and modernize the law. Membership between human behavior and in the ALI is based on professional rebecca hollanderdispute resolution systems. achievement and a demonstrated Blumoff Hollander-Blumoff joins a interest in improving the law. number of other Washington University law In addition to her undergraduate and professors who are members of the ALI, law degrees from Harvard University, including: Professors Susan Frelich Appleton Hollander-Blumoff holds a PhD in social eBecca hollander-BluMoFF, Scholarship continued FroM page 1 After using executive compensation as “a lens through which to view the incremental growth of regulation and publicness,” she concludes that “public companies will be regulated. … They cannot (and will not) do it themselves, and it is not going away.” Tuch’s article focuses on the conduct of “gatekeepers”—actors such as bankers, lawyers, and accountants who are often implicated in scandals for having facilitated transactions or failing to avert disclosure errors by their corporate clients. Using gatekeeper liability theory, he then accounts explicitly for the possibility of interdependencies among gatekeepers, which hillary sale contrasts with scholarship “focused only on independent gatekeepers.” Going further, his article then considers “the position of interdependent (who also holds the office of secretary and serves on the ALI Council), Kathleen Brickey, Kathleen Clark, Michael Greenfield, Daniel Keating, Pauline Kim, Stephen Legomsky, Charles McManis, Kimberly Norwood, Laura Rosenbury, Leila Nadya Sadat, and Hillary Sale; Dean Kent Syverud; and Dean Emeritus Dorsey D. Ellis, Jr. Founded in 1923, ALI produces influential Restatements of the Law, model statutes, and Principles of Law. Its publications are distributed widely and are often cited in court opinions. gatekeepers and [shows] under relevant simplifying assumptions that only a fault-based regime would induce gatekeepers to take optimal precautions.” Tuch then identiandrew tuch fies gaps in U.S. federal securities law and examines reforms that would add credit rating agencies to the list of gatekeepers. Sidebar is published for the benefit of Washington University School of Law alumni, friends, and colleagues. Kent Syverud, Dean Ann Nicholson, Managing Editor Julie Kennedy, Editor Timothy J. Fox, Assistant Editor Scott Hueting, Production Direct communications to— Ann Nicholson Washington University School of Law Campus Box 1120 One Brookings Drive St. Louis, MO 63130-4899 Phone: (314) 935-6430 email: [email protected] LECTURE IN SHANGHAI ronald M. levin, the william r. orthwein distinguished professor of law, confers with a colleague in shanghai, china. levin was in shanghai as the featured speaker at an international workshop on amendment of the administrative litigation law (all). in his lecture, levin summarized judicial review developments of the past decade in the united states, noting that the american system of judicial review is largely stable but that it continues to evolve through case law. Law School Goes Online with LLM in U.S. Law Number 1 3 • Coursesdesignedandtaughtby Washington University law faculty, who are renowned legal educators and scholars; • Classesofstudentswhomeetthesame selective admissions criteria as the oncampus graduate law program; • AnLLMdegreeidenticaltotheone received by on-campus graduates and the option to attend the campus graduation ceremony; • Intimateclassesofnomorethan15 students; and Volume 7 he law school sideBar T is now offering its Master of Laws in U.S. Law for Foreign Lawyers (LLM) in a new and innovative online format. Called @WashULaw, the program is the first and only top-tier online LLM in U.S. law. The online LLM builds on the law school’s internationally recognized postgraduate law degree program, which is designed for foreign attorneys interested in increasing their knowledge of U.S. law to practice more effectively in today’s global legal environment. @WashULaw will allow foreign lawyers to complete an LLM degree in U.S. law without leaving their law practices or relocating to the United States. Students will receive an excellent grounding in U.S. law, with a focus on business issues, without dramatic disruption to their professional and personal lives or the relocation costs associated with a prolonged stay overseas. “We aim to produce extraordinary LLM graduates who benefit from the highest caliber online education available—and to ensure that the quality equals or exceeds the quality of the best LLM programs in the world,” says Kent Syverud, dean and the Ethan A.H. Shepley Distinguished University Professor. The @WashULaw LLM program will offer students an online version of the law school’s on-campus LLM curriculum, with: . @WashULaw is the first and only top-tier online degree of its kind Melissa waters andy puzder chip paucek • Anoptionalsummerimmersionin U.S. law offered in the United States and taught by Washington University faculty. Delivered through state-of-the-art online technologies, @WashULaw courses will integrate live classroom sessions with streaming video and self-paced content. In live classroom sessions, law faculty and @WashULaw students will “meet” at pre-arranged times for coursework discussions, study groups, and face-to-face meetings. The self-paced content offers students high-quality, facultydesigned coursework; highly produced video content; and a 24-hour interactive social technology platform. @WashULaw is being directed by Melissa Waters, professor of law, and Tomea Mersmann, JD ’91, associate dean for strategic initiatives and lecturer in law. An advisory council is being formed to engage the law school community and thought leaders in education in the development of @WashULaw. One of the initial advisory council members, Andrew Puzder, JD ’78, CEO of CKE Restaurants, Inc., is enthusiastic about the opportunities and benefits provided by @WashULaw. “I have been extremely supportive of this program since day one. I manage our company by the maxim that to survive and prosper, companies must take advantage of current technology and innovate,” says Puzder, a member of both the law school’s National Council and the @WashULaw tomea Mersmann Kent syverud advisory council. “I am proud that my law school is embracing technology, without sacrificing quality, to expand its presence in global legal education.” The law school has partnered with the education technology company 2tor, Inc. to deliver @WashULaw. 2tor works with leading higher education institutions to deliver rigorous, selective degree programs online by providing the technology platform, instructional design, marketing, and infrastructure support. “We’re honored to add Washington University to the esteemed family of 2tor partners,” says Chip Paucek, co-founder and CEO of 2tor. “We’re thrilled to be working with a school that is pioneering a law program for the 21st century and one that is primed for an increasingly globalized world.” @WashULaw is now accepting applications; classes begin in January 2013. International applicants must first earn a law degree from their home jurisdiction. For more information, visit onlinelaw.wustl.edu, email [email protected], or call 888-WashULW (888-927-4859). “we aim to produce extraordinary llM graduates who benefit from the highest caliber online education available.” dean Kent syverud Recent Events Number 1 4 William C. Jones Lect Volume 7 . Evolving Workplace Law the whitney r. harris world law institute and department of east asian languages and cultures welcomed her excellency Xue hanqin, judge at the international court of Justice, to deliver the william c. Jones lecture. her excellency discussed the history of the court and its role in seeking peaceful settlement of international disputes. sideBar the center for the interdisciplinary study of work & social capital presented “the evolving law of the workplace,” an event featuring a panel discussion, guest speakers, and a conversation with students regarding career paths. (above) law students at a conference panel discussion Work and Livable Lives the center for the interdisciplinary study of work & social capital’s “work and livable lives conference” drew scores of people to the law school for presentations by economists, political scientists, lawyers, and social scientists from across the country. MaRy BuTkus phoTos MaRy BuTkus phoTos (left) philip Miscimarra, partner at Morgan lewis’s labor & employment practice (top left) dorian warren, columbia university (bottom left) Keynote speaker Jared Bernstein, center on Budget & policy priorities, washington, d.c. (below) gillian lester, university of california-Berkeley MaRy BuTkus phoTos 5 Access to Equal Justice Number 1 ture Volume 7 sideBar CheRyl Tadin phoTos (above) her excellency Xue hanqin, judge at the international court of Justice, left, and leila nadya sadat, washington university school of law (top, left) Kristin henning, georgetown university (above) a panel at the “evolving standards of Juvenile Justice” conference (left) law students at the Jones lecture (left) law students and community members in attendance Immigration and Family Reunification (left) Muneer ahmad, yale university, at podium, and Marion crain, washington university school of law MaRy BuTkus phoTos the center for the interdisciplinary study of work & social capital, whitney r. harris world law institute, and immigration law society presented “immigration and Family reunification: a comparative perspective,” which explored changes in family reunification policy. . hosted by the Juvenile rights and re-entry project of the civil Justice clinic, the 12th annual access to equal Justice colloquium, “evolving standards of Juvenile Justice: From gault to graham and Beyond,” brought together about 50 invited legal scholars, social and psychological scientists, public defenders, and other experts for a full day of presentations, panel discussions, and working groups. (above) anna crosslin, right, international institute of st. louis (below) audience members at the conference sideBar Volume 7 . Number 1 6 Dinner’s Scholarship Selected for Junior Faculty Forum a by the “costs of life.” Employers and Associate Professor Deborah business groups appropriated “legal Dinner was selected for presentation advances in reproductive choice” at the 2012 Junior Faculty Forum at to argue against antidiscrimination Harvard Law School (formerly the law protecting pregnant workers. Stanford/Yale Junior Faculty Forum). Market conservatives argued that Dinner presented her chapter, the U.S. Supreme Court’s historic “The Costs of Life: Maternal Employdecisions in Griswold v. Connectideborah dinner ment, Reproductive Choice, and cut, Eisenstadt v. Baird, and Roe the Debate over Pregnancy Disabilv. Wade had made pregnancy a ity Benefits,” in the Junior Faculty Forum’s voluntary choice. As a consequence, society “Legal History” category in June. had no obligation to assume responsibility for Dinner’s dissertation spans the years 1964– the costs of pregnancy and childbirth. 93. Titled “Pregnancy at Work: Sex Equality, In two decisions, the Supreme Court held Reproductive Liberty, and the Workplace,” that the exclusion of pregnancy from state it examines feminists’ legal imagination and and private temporary disability insurance advocacy regarding the relationship between plans violated neither the Equal Protection sex equality and reproductive liberty. It anaClause of the U.S. Constitution nor Title VII lyzes how feminist argumentation evolved in of the Civil Rights Act of 1964. The court dialogue with the ideologies and strategies rejected an older liberalism that made women’s of market and social conservatives. Her reproductive capacity the basis for a sexaward-winning chapter focuses directly on differentiated citizenship, but embraced a new the “legal and political debates” that played liberalism, premised on women’s capacity for out in the 1970s, as society struggled to rational and independent choice, which never“allocate the costs of reproduction between theless perpetuated gender inequality. private families, employers, and the state.” Meanwhile, in Congress, “abortion and Dinner argues that legal and political conother perceived threats to traditional mothertroversy about abortion shaped debates about hood triggered neomaternalist politics.” In fact, dissertation chapter “Feminists coupled sex-egalitarian arguments for pregnancy disability benefits with arguments that represented childbearing as a service to society.” “some social conservatives” split from market conservatives to join feminists in an alliance for federal antidiscrimination law that would protect the job and income security of pregnant workers. These social conservatives argued that extending health and sick-leave benefits to pregnant women would serve as an incentive for them to bring their pregnancies to term rather than to undergo abortions. At the same time, “liberals” sought “to remove childbearing from the calculus of the market.” Dinner writes, “In the context of a new political landscape, feminists coupled sex-egalitarian arguments for pregnancy disability benefits with arguments that represented childbearing as a service to society.” These debates ultimately resulted in the Pregnancy Discrimination Act of 1978, which amended Title VII to prohibit discrimination on the basis of pregnancy or childbirth. The neomaternalist politics that contributed to the passage of the act carried “an ideological and policy price for feminists.” Congress excluded coverage of abortion and related conditions from the Pregnancy Discrimination Act’s equal-treatment mandate. Competition continued FroM page 1 MaRy BuTkus INTERNATIoNAL DELEGATIoN a delegation of 25 representatives from the education usa training institute, along with advisors from the state department and institute for international education, recently visited the law school as part of a larger outreach program with washington university and other u.s. institutions of higher learning. associate dean Michael peil, second from left, provided a brief introduction and tour of the law school. assistant dean for graduate programs peter cramer, fifth from left, led a session on tips for applicants’ personal statements. beginning. With his principled guidance, our preparation replaced nerves with confidence—allowing us to relish the judges’ questions and enjoy our time at the podium.” While mock trials simulate the trial court experience, moot court simulates the exercise of arguing an appeal before the U.S. Supreme Court. This year’s ABA problem focused on the fictional case of a child with severe autism named Ryan Reed, who had been denied coverage for an expensive medical treatment. In the final round, Rosinia and Sutrina petitioned on . named research professorships and fellowships support vital faculty research at the law school. MaRy BuTkus behalf of Reed, arguing that his private insurer and the fictional state of Texifornia were obligated to pay for the treatment under both the Wellstone Act and federal Medicaid law. “There is no more coveted or elusive prize in the moot court world than the ABA National Championship,” says Adjunct Professor Richard Finneran, JD ’08, who coached Lepp, Rosinia, and Sutrina along with nine other students. “This victory solidifies our team’s status as the premier moot court program in the country.” rule of law (delivered as a lecture at the Singapore Academy of Law). Clark is a nationally known expert on government ethics, whistleblowing, and legal ethics. She is an associate reporter for the American Law Institute’s Principles of Government Ethics and is co-authoring a treatise on government ethics. Her current research, “Ethics for an Outsourced Government,” examines the intersection of government ethics and government procurement law. An Israel Treiman Research Fellow in 2010–11, Clark began her current research project as a consultant to the Administrative Conference of the United States, which adopted recommendations that the federal government apply government ethics standards to some service contractor personnel. Clark is also writing a book chapter about the limited role of transparency in preventing government corruption. Volume 7 Susan Appleton and Brian Tamanaha have been named Israel Treiman Faculty Fellows for 2012–13. The fellowship, which supports faculty scholarship, is named in memory of the late Israel Treiman, LLB ’22, a former faculty member and longtime supporter of the law school. susan appleton Brian tamanaha Kathleen clark In addition, Professor Kathleen Clark—who recently served as Special significance of regret following a reproducCounsel to the Attorney General of the tive decision or outcome. District of Columbia—has been named Tamanaha, the William Gardiner the John S. Lehmann Research Professor Hammond Professor of Law, is a renowned for 2012–13. The research professorship jurisprudence scholar and the author of recognizes the contributions of the late six books and numerous scholarly articles, John S. Lehmann, LLB 1910, who was including his most recent books, Beyond a distinguished lawyer and university the Formalist–Realist Divide: The Role of trustee for more than 20 years. Politics in Judging and Failing Law Schools. Appleton, a nationally known expert Tamanaha’s articles have appeared in a varion family law, is the Lemma Barkeloo & ety of leading journals, and his publications Phoebe Couzins Professor of Law. Her have been translated into seven languages. scholarship explores such issues as adoption, An expert on law and society, his current assisted reproduction, gender and parentscholarship includes an essay comparing two age, surrogacy, and abortion rights. She different types of general jurisprudence (one has co-authored a family law casebook philosophical in orientation and the second (the fifth edition is forthcoming) and a with an empirical bent) and a law review casebook on adoption and assisted reproarticle on the history and elements of the duction, as well as published extensively on family law matters in law reviews. Appleton’s current scholarship includes a book chapter on gender and parentage law, a law review article on illegitimacy as a constructed identity designed to regulate sex, and a law review article on the legal roFessors sideBar p REmEmbERING LIDDELL professor Kim norwood, at podium, welcomes guests to “liddell is 40! commemorating the desegregation Movement in st. louis and a look at the Future of urban education.” the conference examined the legacy of school desegregation pioneer Minnie liddell and explored the future of desegregation in the city and beyond. 7 Number 1 Three Faculty Members Recognized for Research, Scholarship nonpRofiT oRg u.s. posTage CAMPUS BOx 1120 paid ONe BrOOKiNgS Drive ST. LOUiS, MiSSOUri sT. louis, Mo peRMiT no. 804 63130-4899 VOL 7 . NO 1 suMMer 2012 CommENCEmENT CEREmoNIES MaRy BuTkus MaRy BuTkus washington university school of law saluted its graduates and their families at commencement on May 18, 2012. Jd candidate Jessica Mayo, holding banner, served as a class marshal. some 278 Jds, 77 llMs, and two Jsds made up the May 2012 list of graduates. Judy okenfuss, Jd ’91, a member of the law school’s national council, offered the welcome to the legal profession, and Jd candidate philip a. cantwell served as the voice of the class. For more information and photos, visit: law.wustl.edu/commencement.