University of Pittsburgh

Curriculum Vitae

The following list is just a sampling of the breadth of academic scholarship and professional activities conducted by full-time Pitt Law faculty over the past year.

Kevin D. Ashley

Publications

Intelligent Tutoring Systems. K.D. Ashley, M. Ikeda, and T.W. Chan (ed.) 8th International Conference, ITS 2006. Jhongli, Taiwan. June 2006. Proceedings. Springer, Berlin; “Computer Models for Legal Prediction,” co-authored with S. Bruninghaus, Jurimetrics Journal, Spring 2006.

Conference Presentations Included in Published Proceedings

“Reasoning with Textual Cases,” with S. Bruninghaus, presented to the Sixth International Conference on Case-Based Reasoning and published by Springer in the Conference Proceedings, pp. 137–151; “Generating Legal Arguments and Predictions from Case Texts,” with S. Bruninghaus, presented to the Tenth International Conference of AI and Law and published by ACM Press in Proceedings of the Tenth International Conference of AI and Law, pp. 65–74.

Activities

Program Committee Co-chairperson of the Eighth International Conference on Intelligent Tutoring Systems in Jhongli, Taiwan, June, 2006; co-editor of the journal Artificial Intelligence and Law.

Elena A. Baylis

Publications

“Minority Rights, Minority Wrongs,” 10 UCLA Journal of International Law and Foreign Affairs, (2006); “The Inevitable Impunity of Suicide Terrorists,” in Evil, Law and the State: Issues in State Power and Violence, edited by J. Parry, (2005); “Should God and Caesar Litigate?,” 8 Green Bag 144 (2005), a review of R. Drinan’s Can God and Caesar Co-Exist?: Balancing Religious Freedom and International Law.

Presentations

“Political Asylum and Security” at the Immigration Policy Post-9/11 Workshop sponsored by the Fondation Nationale des Sciences Politiques and the Ford Institute for Human Security in September, 2005; “Parallel Courts” at the American Society of Comparative Law workshop held at the University of Michigan Law School in April; “Sending the Bureaucrats to War” at the American Society of International Law’s annual meeting in March.

Deborah L. Brake

Publications

“Retaliation,” 90 Minn. L. Rev. 18–105 (2005).

Ronald A. Brand

Publications

“Private Law and Public Regulation in U.S. Courts,” in Private Law, Private International Law, and Judicial Cooperation in the EU-US Relationship, 2 CILE Studies, edited by Ronald A. Brand, (2005); “The European Union’s New Role in International Private Litigation,” 2 Loyola University Chicago School of Law International Law Review 277–293 (2005); “Punitive Damages Revisited: Taking the Rationale for Non- Recognition of Foreign Judgments Too Far,” 24 Journal of Law and Commerce 181–196 (2005); “The Lugano Case in the European Court of Justice: Evolving European Union Competence in Private International Law,” 11 ILSA Journal of International & Comparative Law 297–303 (2005).

Presentations

“Planning for International Commercial Disputes” at the Universidad Americana Managua, Nicaragua, in April; “The 2005 Hague Convention on Choice of Court Agreements,” at the ABA International Law Section meeting in April; “A New Role for Litigation in CISG Contracts: The 2005 Hague Choice of Court Convention,” at the “The CISG and the Business Lawyer: The UNCITRAL Digest as a Contract Drafting Tool” conference held at the University of Pittsburgh School of Law in November.

Activities

Member of the U.S. delegation to the Special Commission of the Hague Conference on Private International Law negotiating a Convention on Choice of Court Agreements; member of the Board of Editors of the American Journal of Comparative Law.

Teresa Kissane Brostoff

Publications

“A Glimmer of Insight,” The Second Draft (August 2005).

Activities

“Expanding Classroom Borders by Incorporating Interdisciplinary Rhetorical Strategies and Practical Legal Skills into the ESL Legal Writing Classroom” at the Legal Writing Institute Biennial Conference in Atlanta in June.

John M. Burkoff

Publications

Criminal Law: Cases & Materials, Problems & Exercises (2nd edition) with R. Weaver, L. Abramson & C. Hancock, edited by John M. Burkoff, (Thomson/West 2005); Criminal Defense Ethics: Law and Liability (2nd edition), edited by John M. Burkoff, (Thomson/West 2005); “Defeating Terrorism Without Fighting a War,” 24 Criminal Justice Ethics 47–51 (Winter/Spring 2005); also published supplements or pocket parts to Search Warrant Law Deskbook; Criminal Offenses and Defenses in Pennsylvania (5th edition); Ineffective Assistance of Counsel; and Criminal Procedure: Cases, Problems & Exercises (2nd edition).

Presentations

“On Mermaids, Honest Politicians & Criminal Defense Ethics: Tales Your Mother Never Told You” at the Federal Criminal Defense Training Program in Harrisburg, Pennsylvania in March; on Employee Benefits; serves on the Executive Council of the Pennsylvania AARP. “Recent Developments in Criminal Law & Criminal Procedure,” at the Mid-Annual Educational Meeting of the Pennsylvania Trial Judges Conference in Philadelphia in February.

Activities

Appointed by the Pennsylvania Supreme Court to the Pennsylvania Commission on Judicial Independence; member of the Pennsylvania Bar Association’s Judicial Advertising Review Board; and member of the Pennsylvania Bar Association’s Amicus Curiae Committee.

Pat K. Chew

Publications

“Unwrapping Racial Harassment Law,” with Robert E. Kelley, Berkeley J. Emp. & Lab.L. 49–110 (2006).

Presentations

“Asian Americans and Racial Harassment Law,” a work-in-progress presentation at the Conference of Asian Pacific Law Faculty 2006 held at Wayne State University Law School in February; “Employment Laws for the New Corporate Manager” at the Tepper Graduate School of Business, Carnegie Mellon University in March.

Activities

Commentator at the Women in Legal Education Section Program of the AALS Annual Meeting in Washington, D.C. in January.

Vivian Curran

Publications

“Re-Membering Law in the Internationalizing World,” 34 Hofstra L. Rev. 93 (2005); “The Role of Foreign Languages for Transnational Legal Education,” 23 Penn State Int’l L. Rev. 779 (2005); “Plurijuridisme et convergence entre le droit commun et civil” in Le Plurijuridisme, edited by Jean-Louis Bergel, (Presses universitaires d’Aix-Marseille, 2005).

Presentations

“Regards croises sur l’internationalisation du droit” at the Collège de France to an audience that included French and U.S. professors, Justice Breyer, three French supreme court justices, and a former French Minister of Justice and President of the Constitutional Council in April; “A Comparative Perspective of Issues of Genetic Manipulation and Enhancement Technologies” at the Feminism and Legal Theory Project held at Emory University School of Law in January; “A Comparative Perspective of the CISG” at the University of Pittsburgh in November of 2005.

Activities

Accepted to the ALI’s Members’ Consultative Group for Property: Wills and Other Donative Instruments in February; re-elected to the Executive Committee of the American Society of Comparative Law; member of the Executive Editorial Board of the American Journal of Comparative Law.

Richard Delgado

Publications

“The Derrick Bell Reader,” with J. Stefancic, (NYU Press 2005); “Rodrigo’s Roundelay: Hernandez v. Texas and the Interest-Convergence Dilemma,” Harv. C.R.-C.L.L.Rev. (2006); “The Politics of Fear and the Republican Ascendancy,” with Manuel Gonzalez, (Paradigm Publishers 2006); “The Current Landscape of Race: Old Targets, New Opportunities,” 104 Mich. L. Rev. 1269–1286 (2006); “Si Se Puede, But Who Gets the Gravy?” 11 Mich. J. Race & L. 9 (2005); “Critical Race Theory and LatCrit Theory,” edited by S. Oboler & D.J. Gonzales, in the Encyclopedia of Latinos and Latinas in the United States, (Oxford University Press 2005); “The Case for Latino Immigration,” Pittsburgh Economic Quarterly, April 2006.

Activities

Co-editor with Jean Stefancic of two-book series: “Everyday Law,” Paradigm Publishers; and “Critical America,” NYU Press; invited speaker at the “Inaugural Colloquium” of the Center on Race, Crime and Justice at the John Jay College of Criminal Justice, CUNY, in December; participant at the “Faculty Colloquium” of the University of San Francisco Law School, in February.

James L. Flannery

Presentations

“The Glass House Boys of Pittsburgh” at the annual convention of the American Society for Legal History in Cincinnati, Ohio in November.

Harry M. Flechtner

Publications

“Moving Through Tradition Towards Universalism under the U.N. Sales Convention (CISG): Notice of Lack of Conformity (Article 39) and Burden of Proof in the Bundesgerichtshof Opinion of 30 June 2004” in Lieber memorialis Professor Petar Sarcevic: Universalism, Tradition and the Individual (European Law Publishers 2006); “Addressing Parol Evidence Issues in Contracts Governed by the CISG” in The CISG and the Business Lawyer: The UNCITRAL Digest as a Contract Drafting Tool, edited by Harry Flechtner with Mark Walter and Ron Brand (2006).

Presentations

“The Parol Evidence Question and Merger Clauses under the United Nations Convention on Contracts for the International Sale of Goods (‘CISG’)” at the “CISG and the Business Lawyer: The UNCITRAL Digest as a Contract Drafting Tool” Conference held at the University of Pittsburgh School of Law in November.

Lawrence A. Frolik

Publications

The Law of Later-Life Health Care and Personal Decisions, ABA, 2006; published supplements to Elder Law Cases and Materials and Law of Employee Pension and Welfare Benefits.

Presentations

“Tort Law and Emotions: “I Second That Emotion” at the Gruter Institute for Law and Behavioral Research Conference on Neuroscience and the Law in California in May; “What Is Elder Law and Where Is It Going?” at the Estate and Business Planning Program of the University of Nebraska in May; presented a seminar on elder law at the annual University of Miami School of Law Heckerling Estate Planning Institute in January.

Activities

Appointed Editor-in-Chief of the NAELA Journal; elected Chair of the AALS Section on Employee Benefits; serves on the Executive Council of the Pennsylvania AARP

Harry Gruener

Presentations

“Father’s Rights: The Facts,” at the 2006 Family Support Conference in Pittsburgh in May.

Activities

Member of the Advisory Committee of the Legislative Task Force responsible for amendments to the Pennsylvania Divorce Code; member of the Joint State Government Commission’s Subcommittee on Assisted Reproduction Technologies.

Arthur D. Hellman

Publications

First Amendment Law: Freedom of Expression and Freedom of Religion with William D. Araiza and Thomas E. Baker, (LexisNexis Publishing 2006); “Reining in the Supreme Court: Are Term Limits the Answer?” in Reforming the Court: Term Limits for Supreme Court Justices, edited by Roger C. Cramton and Paul D. Carrington, (Carolina Academic Press 2006); Prepared Statement of Professor Arthur D. Hellman, “Federal Jurisdiction Clarification Act: Hearing Before the Subcommittee on Courts, the Internet and Intellectual Property of the U.S. House of Representatives Committee on the Judiciary,” Washington, D.C., November 15, 2005 (available at the House Judiciary Committee Web site); published supplements to Federal Courts: Cases and Materials on Judicial Federalism and the Lawyering Process; The First Amendment: Cases, Materials and Problems; and Judicial Code Supplement.

Activities

Organized and served as Conference Reporter for the 2005 National Conference on Appellate Justice in Washington, D.C. in November.

David J. Herring

Publications

“Foster Care Safety and the Kinship Cue of Attitude Similarity,” 7 Minn. J. L. Sci. & Tech. 355 (2006); Everyday Law for Children, (Paradigm Publishers 2006).

Presentations

“Foster Care Safety and the Kinship Cue of Attitude Similarity” at the Society for Evolutionary Analysis in Law Conference, Vanderbilt University Law School, in April.

Anthony C. Infanti

Publications

“Chapter 43, Tax Treaty Overrides— Treaties Versus the Code” in Rhoades & Langer, U.S. International Taxation and Tax Treaties (2005); “Homo Sacer, Homosexual: Some Thoughts on Waging Tax Guerilla Warfare,” 2 Unbound: Harv. J. of the Legal Left 27 (2006); “A Tax Crit Identity Crisis? Or Tax Expenditure Analysis, Deconstruction, and the Rethinking of a Collective Identity,” 26 Whittier L. Rev. 707 (2005).

Presentations

Homo Sacer, Homosexual: Some Thoughts on Waging Tax Guerilla Warfare” at the Critical Tax Theory Conference at Mercer University in April; “You’re Perfect, I Love You, Now Change: Tax Planning for Unmarried Domestic Partners” at the February 2006 Meeting of the American Bar Association’s Section of Taxation; “U.S. Country Report” at the Conference on Domestic Law and Tax Treaties, in Milan, Italy, in November of 2005.

Sandra D. Jordan

Publications

“Have We Come Full Circle? Judicial Sentencing Discretion Revived in Booker and Fanfan,” 3 Pepperdine Law Review 3 (2006).

Activities

Appointed member of the Pennsylvania Supreme Court’s Evidence Advisory Committee.

Jules Lobel

Publications

“Emote Control: The Substitution of Symbol for Substance in Foreign Policy and International Law” with George Lowenstein, 80 Chi-Kent Law Rev. 1045 (2005); “The War on Terrorism and Civil Liberties” in At War with Civil Rights and Civil Liberties, edited by Thomas E. Baker and John F. Stack (Rowman and Littlefield 2006).

Activities

Vice President of the Center for Constitutional Rights.

William V. Luneburg, Jr.

Publications

The Lobbying Manual: A Complete Guide to Federal Law Governing Lawyers and Lobbyists, coeditor with Thomas M. Susman, ABA (3d ed. 2005); “Legislative Process and Lobbying,” with Rebecca H. Gordon, in Developments in Administrative Law and Regulatory Practice 2004–2005 (2006).

Presentations

“Drawing Boundaries for air Quality Control Under the Clean Air Act: The Importance of NOT Being Nonattainment,” at the Symposium, “The State of Our Air in 2006: A Law and Policy Update for Southwestern Pennsylvania,” in Pittsburgh in 2006.

Activities

Spoke on the Lobbying Disclosure Act at the Lobbying Institute in Washington, D.C. in April; Chair, Legislative Process and Lobbying Committee, ABA Section of Administrative Law and Regulatory Practice.

Michael J. Madison

Publications

The Law of Intellectual Property, with Craig Allen Nard and David Barnes, (Aspen Publishers 2006); “Metaphor, Objects, and Commodities,” with George Taylor, 54 Clev. St. L. Rev. 141 (2006); “Law as Design: Objects, Concepts, and Digital Things,” 56 Case W. Res. L. Rev. 381 (2005); “Social Software, Groups, and Governance,” 2006 Mich. St. L. Rev. 153; “Rewriting Fair Use and the Future of Copyright Reform,” 23 Cardozo Arts & Ent. L.J. 391 (2005).

Presentations

“The Knowledge Problem in Patent Paw,” at the Works-in-Progress Intellectual Property Colloquium at Washington University in October; “Social Software and a Framework for Information Governance,” at the Stanford Law School Center for Internet and Society in January; chair and commentator of the panel on “Open Source, Free Software, Creative Commons” at the Con/Texts of Invention: A Working Conference of the Society for Critical Exchange, at Case Western Reserve University in April.

Activities

Member of the Advisory Committee to the Western District of Pennsylvania on Local Patent Rules.

Margaret M. Mahoney

Publications

“Forces Shaping the Law of Cohabitation for Opposite Sex Couples,” 7 Journal of Law and Family Studies 135 (2005); “The Law of Divorce and Relationship Dissolution” in The Handbook of Divorce and Relationship Dissolution (Lawrence Erlbaum Associates 2006).

Activities

Member of the Board of Directors of the Stepfamily Association of America.

Martha M. Mannix

Presentations

“Legal Issues in Transfers of Decision-Making Authority for Cognitively Impaired Persons,” to the Hospital Council of Western Pennsylvania in March.

Activities

Board member, Southwestern Pennsylvania Partnership for Aging (SWPPA), board member, Senior Action Coalition (SAC).

Francis Barry McCarthy

Publications

Pennsylvania Juvenile Delinquency Practice and Procedure, 5th Edition, (West/Thomson 2005).

Activities

Chair of the Supreme Court of Pennsylvania Juvenile Court Procedural Rules Committee.

Alan Meisel

Publications

“The Role of Litigation in End-of-Life Care: A Reappraisal,” in the Hastings Center Special Report on Improving End-of-Life Care: Why Has It Been So Difficult?, 35 Hastings Center Report No. 61, S47 (2005); “Ethics, End-of-Life Care, and the Law: Overview,” 8 Journal of Palliative Medicine 609–621 (2005).

Activities

Chair of the University of Pittsburgh Embryonic Stem Cell Research Oversight Committee; board member, Death with Dignity National Center.

Janice M. Mueller

Publications

An Introduction to Patent Law, (Aspen, 2d ed. 2006); “Patent Controls on Genetically Modified Crop Farming,” 4 Santa Clara J. Int’l L. 1 (2006).

Presentations

“India’s New Product Patent Regime and Its Public Health Implications” at the International Intellectual Property Regime Complex Conference at Michigan State University Law College in April; “Recent Development Concerning the U.S. Patent Utility Requirement” and “Status of Pending U.S. Patent Reform Legislation” to attorneys and biotechnologists at National Law School of India University in Bangalore in November.

George H. Pike

Publications

Monthly columns in Information Today, as well as several feature articles, including: “BlackBerry: Lawsuit and Patent Reform,” 23(5) Information Today 1 (May 2006); USA Patriot Act:What’s Next?” 23(4) Information Today 1 (April 2006).

Thomas Ross

Publications

“Whiteness After 9/11,” 18 Wash. U.J. of Law & Policy 223 (2005); “Teaching Constitutional Law Stories,” 55 J. Legal Ed. 126 (2005).

Presentations

“Narrative, Abstraction, and Desire in Affirmative Action” at Fordham University Law School in November; workshop on “Affirmative Action” at UCLA Law School in March.

Ann Sinsheimer

Publications

“The Ten Commandments as a Secular Historic Artifact or Sacred Religious Text: Using Modrovich v. Allegheny County to Illustrate How Words Create Reality,” 5 MC. L.J. Race, Religion, Gender, & Class 325 (2005).

Presentations

“Expanding Classroom Borders by Incorporating Interdisciplinary Rhetorical Strategies and Practical Legal Skills into ESL Legal Writing Classroom at the Legal Writing Institute Biennial Conference in Atlanta, in June.

Stella L. Smetanka

Publications

“Who Will Protect the ‘Disruptive’ Dialysis Patient?” 32 Am. J.L. & Med. (2006).

George H. Taylor

Publications

“Metaphor, Objects, and Commodities” with Michael J. Madison, 54 Clev. St. L. Rev. 141 (2006).

Presentations

“Race, Religion, and Law” at the University of Maryland in April.

Lu-in Wang

Publications

Discrimination by Default: How Racism Becomes Routine, (New York University Press 2006).

Presentations

“Norm Theory and Counterfactual Thinking” at the program “Gender, Race, and Decision-making: New Perspectives on Summary Judgment and Damages,” at the AALS annual meeting in Washington, D.C., in January.

Rhonda Wasserman

Presentations

“Tolling: The American Pipe Tolling Rule and Successive Class Actions” at the AALS annual meeting inWashington, D.C. in January.

Activities

Member of the Members’ Consultative Group for Principles of the Law of Aggregate Litigation of the American Law Institute; reporter to the Rules Committee of the United States District Court for the Western District of Pennsylvania and member of the Court’s Advisory Committee for the Study of Rules of Practice; serves on the Executive Committee of the AALS section on Conflict of Laws.
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