Pitt Faculty Summer Summary
Pitt Law faculty members had a busy Summer of 2006. Here is a brief recap of some highlights, featuring Professors Brake, Curran, Burkoff, Hellman, Baylis, Brand, Brostoff, Delgado, Stefancic, Infanti, Mueller, Luneburg, Frolik, Fein, and Meisel:Professor Deborah Brake spent much of the summer working on a book, tentatively titled She Got Game: Title IX and the Women?s Sports Revolution. She also served as the primary author of an amicus curiae brief in Ledbetter v. Goodyear Tire & Rubber Co., a Title VII pay discrimination case before the U.S. Supreme Court. The issue in the case is whether Title VII permits an employee to challenge ongoing pay discrimination that began before the most recent pay decision immediately preceding Title VII's short 180-day limitations period (the Eleventh Circuit ruled that it does not). The brief focuses on the implications of the Eleventh Circuit?s rule for the gender wage gap, and in particular the effect of the rule on employees who experience pay discrimination at the time they are first hired (when much pay discrimination begins, carried through and amplified in subsequent percentage-based raises). The brief also draws on social science research elaborating the difficulties employees face perceiving and complaining of pay discrimination, which make the lower court's rule particularly ill-suited for such claims. The brief was filed on August 31 on behalf of 24 women's organizations, including the National Partnership for Women and Families, the National Women?s Law Center, Legal Momentum (formerly NOW-LDEF), Equal Rights Advocates, and the ACLU Women's Rights Project. In addition, Professor Brake co-authored a two-part series of columns for Findlaw over the summer discussing the Supreme Court?s recent Title VII retaliation case, Burlington Northern & Sante Fe RR v. White, decided in late June. Professor Vivian Curran accepted an invitation to become the U.S. represenatative of the International Alliance for Advanced Judicial Studies, an international network of judges, scholars and practitioners being formed by the Institut des Hautes Études Juridiques in France. Participants already include supreme court justices from the U.S., France, Canada, England, Wales and Australia. Over the summer, I helped a French plainitffs' attorney translate and annotate for Internet publication a French court decision of June 6, 2006 that is a landmark in French law on state liability relating to crimes against humanity. I am working on an article on that case as an illustration of legal globalization. I have proposed (unconfirmed as of this writing) to give a talk on "Picqaurt as the Reluctant Hero of the Dreyfus Affair". Professor John Burkoff, who will be the Executive Dean of the Summer 2007 Voyage of Semester at Sea, now associated with the University of Virginia, spent two weeks in June this summer assisting with the pre-sail administration of the Summer 2006 Voyage in San Diego and then working with the Summer 2006 administrators onboard the M.V. Explorer, sailing across the Pacific from Ensenada to Honolulu. This summer, he also completed most of the hiring of his staff for the Summer 2007 Voyage. Burkoff, who was the first Chairperson of the City of Pittsburgh's Citizens' Police Review Board from 1997 to 1999, addressed the current Board at its Retreat earlier this summer, explaining the politics which gave rise to the creation of the Board and discussing current and historical issues in police-community relations in Pittsburgh and other cities. In July of 2006, Professor Burkoff spent a week consulting and lecturing in Albania. The project with which he was involved was State Department-funded, dealing with issues related to improving community-police relations in Albania. It was administered jointly by the University's Center for Russian & East European Studies and the Institute for Democracy and Mediation (IDM) in Albania. Burkoff had the opportunity to meet and talk with many of the most significant actors involved in improving law enforcement and the criminal justice system in Albania. Most of his work was in Tirana, meeting with: senior officials at the Ministry of Interior; the Mayor and other senior political and police officials in Lushnja, a town sixty-five kilometers southwest of Tirana; the Chief Prosecutor of Albania; the Director of the Postgraduate School of European Studies at the University of Tirana; the Director and faculty of the Albania School of Magistrates; four of the Justices of the Albania Supreme Court; many of the faculty members of the University of Tirana Faculty of Law; and a number of senior officials at the U.S. Embassy in Tirana. Burkoff delivered five formal lectures while he was in Albania: to professionals in the Public Order Section of the General Police Directorate of the Ministry of the Interior, senior officers in the Tirana Police Department, heads of Tirana Municipality units, civic groups, Association of the Municipalities, and students; to student police administrators in the Senior Management Course at the National Police Academy; to the Mayor, Municipal Councilors, Regional Prefect, City Solicitor, Chief of Police, Police Administrators, Community Groups, and concerned citizens in Lushnja; to students in the Masters Program at the School of European Studies of the University of Tirana; and to the National Police Academy Teaching Staff. Also in July, closer to home, Professor Burkoff attended the Pennsylvania Conference of State Trial Judges Annual Meeting in Hershey, Pennsylvania, as a member of the Pennsylvania Commission on Judicial Independence. The Commission also met formally during the Annual Meeting with the Chief Justice and other lawyers and judges involved with judicial-independence issues. Burkoff was appointed to the Commission by the Pennsylvania Supreme Court in February of this year and is one of two law professors on the Commission, along with Professor Geoffrey Hazard of Penn and Hastings. Professor Burkoff completed a number of writing projects this summer. In addition to preparing the 2006 Supplement to his casebook, Criminal Procedure: Cases & Materials, Problems & Exercises (2d edition) (Thomson/West) , which was published this month, he also completed the manuscript for Criminal Procedure: Cases & Materials, Problems & Exercises (3d edition) (Thomson/West) , which is now in production and will be published later this Fall. Burkoff also authored a Teacher's Manual for the new Third Edition of this casebook as well. Burkoff also prepared the 2006 Supplement for his casebook, Criminal Law: Cases & Materials, Problems & Exercises (2d edition) (Thomson/West), which was published this month. Additionally, he completed work on a new edition of his treatise, Principles of Criminal Procedure (2d edition) (Thomson/West), which is now in production and will appear in October. Moreover, Burkoff began and completed work this summer on the September 2006 Release for his treatise, Search Warrant Law Deskbook (Thomson/West), as well as the 2006 Supplement for his treatise, Ineffective Assistance of Counsel (Thomson/West) (co-authored with Adjunct Professor Nancy Burkoff). He also completed the manuscript for the 2006 Edition of his treatise, Criminal Defense Ethics: Law and Liability 2d (Thomson/West), which will be published in early September. Finally, Professor Burkoff began work this summer on a new treatise on substantive Criminal Law, which will be completed late this Fall and is to be published in 2007 by Aspen, as part of their new "Insight Series". Professor Arthur D. Hellman completed four books between the end of classes in May and the beginning of the new term: the Teacher?s Manual for First Amendment Law: Freedom of Expression and Freedom of Religion (with William D. Araiza and Thomas E. Baker); a Judicial Code Supplement (with Lauren K. Robel); the 2006 Supplement to First Amendment Law: Freedom of Expression and Freedom of Religion (with William D. Araiza and Thomas E. Baker); and the 2006 Supplement to Federal Courts: Cases and Materials on Judicial Federalism and the Lawyering Process (with Lauren K. Robel). Professor Teresa Brostoff spoke at the biennial conference of the Legal Writing Institute in Atlanta in June. She participated in a panel presentation entitled, "Expanding Classroom Borders by Incorporating Rhetorical Strategies and Practical Legal Skills into the ESL Legal Writing Classroom." Professor Brostoff?s article, ?Using Culture in the Classroom: Enhancing Learning for International Students,? was accepted for publication by the Michigan State Journal of International Law. Professor Elena Baylis was awarded a grant by Pitt's Central Research Development Fund for research on transitional justice in the Democratic Republic of Congo and used this funding to go to Kinshasa in June and July and study DRC military courts' use of the International Criminal Court's statute in war crimes trials there. In June, Professor Baylis was also a panelist at an Immigration, Integration and Human Security Issues conference at Sciences-Po in Paris. Her article, "Sending the Bureaucrats to War," which is co-authored together with David Zaring at Washington & Lee, was accepted for publication by the Iowa Law Review. Professors Richard Delgado and Jean Stefancic spent the summer as visiting scholars at the Center for the Study of Law & Society at UC-Berkeley School of Law (Boalt Hall). Professor Delgado published A Skewed View of Free Speech at Harvard Law, in Academe, the publication of the American Association of University Professors, and completed a draft article on the myth of upward mobility. He and Jean Stefancic continued work on a reader, a second edition of the Perea, et al. casebook Race and Races: Cases and Resources for a Diverse America (West), a book on postcolonial theory, and a casebook on Latinos & the Law. They also continued editing three book series, Critical America (NYU Press), Everyday Law (ParadigmPublishers), and The Critical Educator (Taylor & Francis/Routledge), with three new books in print and several more in the pipeline. Professor Janice Mueller gave two patent law lectures in the Santa Clara University Law School's summer program in Munich. On Aug. 31-Sept. 2, she chaired the 2006 annual meeting of the Intellectual Property Expert Advisory Committee of the Consultative Group on International Agricultural Research (CGIAR) in Rome. Professor Tony Infanti's article, "Homo Sacer, Homosexual: Some Thoughts on Waging Tax Guerrilla Warfare" was published at in Unbound: The Harvard Journal of the Legal Left. Professor William Luneburg prepared a report and proposed recommendation regarding the need for Congress to amend the Lobbying Disclosure Act of 1995 to cover grassroots lobbying and to expand the existing disclosure requirements applicable to the members of lobbying coalitions. The recommendation was approved in May by the Council of the ABA's Administrative Law and Regulatory Practice Section for final action by the ABA's House of Delegates at its Annual Meeting in Hawaii. In August the House approved the resolution without amendment. Lobbying reform remains on Congress's agenda when it returns from its summer recess, at which time it is expected that Congress will be advised of the ABA's action as it considers what actions to take in response to the Jack Abramoff scandal. Professor Alan Meisel, Director of the Center for Bioethics and Health Law, announced that the Center is the first recipient of a grant from The Greenwall Foundation for the Oscar M. Ruebhausen Visiting Professorship in Bioethics. The grant will support a three-day visit by Michael J. Sandel, the Anne T. and Robert M. Bass Professor of Government at Harvard in November. Prof. Sandel will deliver a public lecture on "Markets and Medicine: The Commodification of Health." Professor Meisel also was appointed to the American Bar Association's Committee on Bioethics and the Law. Professor Ronald Brand gave a presentation on the 2005 Hague Convention on Choice of Court Agreements as part of a Showcase Panel at the Spring Meeting of the ABA International Law Section in New York, in April 2006. Also in April, Professor Brand accompanied the Vis International Arbitration Moot teams from the University of Pittsburgh; Donetsk National University, Ukraine; Kyiv National Taras Schevchenko University, Ukraine; the University of Belgrade, Serbia; and the University of Pristina, Kosovo, during the competition in Vienna. In June, Professor Brand gave a presentation on the Hague Convention on Choice of Court Agreements at the Biennial Meeting of the International Law Association in Toronto, Canada. He also taught an Introduction to the American Legal System course to lawyers from the Slovak and Serbian operations of US Steel in Kosice, Slovakia. The program is part of a series of courses for US Steel lawyers provided through the Center for International Legal Education. Two pieces by Professor Brand were published: Federalism and the Allocation of Sovereignty Beyond the State in the European Union, 44 Duquesne Law Review 71 (2005); and Balancing Sovereignty and Party Autonomy in Private International Law: Regression at the European Court of Justice, in Universalism, Tradition and the Individual, Liber Memorialis Petar ?ar?ivi? 35 (Johan Eraus, Vesna Tomljenovic, & Paul Volken, eds., 2006). Professor Lawrence Frolik was named a Super Lawyer in the category of Elder Law attorneys in the annual special edition published by Philadelphia Magazine. In August, LexisNexis published the 2006 Supplements to his two casebooks, Elder Law Cases and Materials and The Law of Employee Pension and Welfare Benefits. In June, he gave the keynote address at the Colorado Estate Planning Annual Meeting held in Vail, Colorado. In July, he presented a talk to the Pennsylvania Matrimonial Lawyers at their annual meeting in Toronto, Canada. Also in July, he helped organize the PBI Elder Law Institute in Harrisburg, where he also presented on The Ethics of Assisting a Dying Client along with Dr. David Barnard. In August, he helped plan and organize the initial meeting of the Certified Advanced Practitioners of the National Academy of Elder Law Attorneys. Professor Frolik is only one of two academics in the organization, which is composed of the nation?s preeminent elder law attorneys. Professor Marvin Fein appeared in local media, commenting on some of the uncertainty arising out of Mayor Bob O'Connor's disabling illness. He published an op-ed in the Pittsburgh Post-Gazette that addressed the termination of the City's solicitor, and appeared on WTAE-TV to discuss the role of the deputy mayor.