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November 2010 Archives

Penn Awarded $450K From Robert Wood Johnson Foundation for Research to Help OSHA Protect U.S. Workers

Cary Coglianese: Edward B. Shils Professor of Law and Professor of Political Science; Director, Penn Program on RegulationAdam Finkel: Fellow and Executive Director, Penn Program on Regulation

More than 4,000 Americans die each year from safety hazards at work – and researchers believe that 40,000-50,000 more die prematurely each year from chronic disease caused in whole or part by workplace exposure to hazardous substances – but the U.S. Occupational Safety and Health Administration (OSHA) can visit only about one percent of the nation's potentially dangerous workplaces each year. Like all regulatory agencies established to protect the public, OSHA faces a fundamental challenge: there are many more firms to inspect than there are government personnel to inspect them.

Given its limited resources, one way OSHA can reduce workplace injuries and fatalities is to target its inspections at the most dangerous worksites. But how can the agency predict which worksites are likely to be dangerous? That is the question facing a multidisciplinary team at the University of Pennsylvania, which has just been awarded a $450,000 grant by the Robert Wood Johnson Foundation to help improve OSHA’s ability to select workplaces for inspection, and thereby prevent unnecessary injuries and fatalities.

Led by Penn Law Professor Cary Coglianese and Fellow Adam Finkel, the team of Penn scientists, lawyers and criminologists will use cutting-edge analytical techniques to develop and test alternative strategies for deploying regulatory inspection resources. The team also includes Richard A. Berk, professor of Criminology and Statistics, and Professor Edward A. Emmett of the Penn School of Medicine.

Over the next two and a half years, the Penn team will analyze 30 years of OSHA enforcement and violations data, along with characteristics of individual companies, to help OSHA profile firms by their tendency to allow dangerous workplace conditions to persist; the more signs and symptoms the team can find that increase the likelihood that an inspection will target a dangerous worksite, the more opportunity OSHA will have to reduce the toll of injuries and illnesses in the U.S. workforce.

“Regulatory agencies are collecting vast amounts of data that they offer to the public, but have often been slow to use their own data to evaluate and improve their own performance,” said Finkel, a former director of health standards at OSHA. “We hope to show that by merging disparate datasets from various federal and other programs, regulatory agencies can better target scarce inspection resources to find the relatively few firms that may be causing most of the problems in their area, whether it is workplace safety and health, environmental pollution, food safety, or other areas.”

The project will be facilitated by the Penn Program on Regulation (PPR) as part of a larger Penn Law initiative to enhance research and engagement on public policy issues. PPR brings together faculty from across the University of Pennsylvania to analyze regulatory problems and alternative strategies for solving them.

“Finding ways to improve regulatory enforcement demands exactly the kind of interdisciplinary collaboration that is the hallmark of both the Penn Program on Regulation as well as Penn Law,” said Coglianese, PPR director.

The Penn project is one of 13 new research projects, selected from a pool of more than 150 proposals, recently funded by the Robert Wood Johnson Foundation through its Public Health Law Research program. The other projects focus on issues such as lead exposure, vaccinations, and emergency preparedness. The grants total $3,409,985.

 

 

 

Penn Law and the National Constitution Center Welcome Visiting Scholars Richard Allen and Geoffrey Stone

Richard V. Allen Geoffrey R. Stone

The University of Pennsylvania Law School, in partnership with the National Constitution Center, announced today the appointment of Richard V. Allen, senior fellow at the Hoover Institution, and Geoffrey R. Stone, Edward H. Levi distinguished service professor and former dean of the University of Chicago Law School, as 2010-11 visiting scholars.

The Visiting Scholars Program is a partnership between Penn Law and the National Constitution Center that brings distinguished constitutional scholars from across the country to Philadelphia to participate in educational outreach programs and to undertake research and writing projects. The program is designed to engage scholars with the general public, bridging the divide that sometimes separates academia from the community at large. Visiting scholars have participated in programs ranging from informal talks to formal academic lectures, and have produced written materials for popular audiences. Geoffrey Stone previously participated in the Center’s annual Supreme Court Preview on September 20 and Richard Allen explored the question, “What is national security,” during the first of a two-part lecture series on November 15. Additional programs featuring the 2010-11 visiting scholars will be announced at a later date.

“We are delighted to welcome these distinguished constitutional experts as NCC-Penn Law visiting scholars,” said Penn Law Dean Michael A. Fitts. “Richard Allen and Geoffrey Stone will bring not only deep understanding but also intellectual diversity to the public discourse on today’s critical constitutional issues.”

“From Vietnam onward, Richard Allen has been one of the foremost architects of America’s military strategy and national security policy,” said National Constitution Center President and CEO David Eisner. “His perspective will be essential as all Americans and our leaders wrestle with where to go from here as we struggle to protect both our citizens’ physical safety and their constitutional rights. Geoffrey Stone’s expertise in civil rights, constitutional law, and the First Amendment makes him a great asset to the Center as we continue to serve as a forum for lively, meaningful discourse on constitutional issues. We are proud to welcome them both as 2010-11 visiting scholars.”

Richard Allen is a senior fellow at the Hoover Institution, concentrating on foreign and national security policy, international trade and economic policy, and Asia and the Pacific Basin. He previously served as Richard Nixon’s foreign policy coordinator and served twice in the Nixon White House. Allen also served as Ronald Reagan’s chief foreign policy adviser from 1977 to 1980, and as President Reagan’s first national security adviser from 1981 to 1982. A Hoover fellow since 1983, he is currently a member of the U.S. Defense Policy Board Advisory Committee.

Geoffrey Stone has been a member of the University of Chicago law faculty since 1973, specializing in constitutional law. From 1987 to 1993, he served as dean of the University of Chicago Law School, and from 1993 to 2002, he served as provost of the University of Chicago. Stone recently authored two books, Top Secret: When Our Government Keeps Us in the Dark and War and Liberty: An American Dilemma. He received numerous national awards for his book, Perilous Times: Free Speech in Wartime from the Sedition Act of 1798 to the War on Terrorism. In addition, he is editor-in-chief of a fifteen-volume series, Inalienable Rights, which is being published by the Oxford University Press.

The Visiting Scholars Program is an outgrowth of the alliance between the University of Pennsylvania and the National Constitution Center, which began in 1997 and has expanded significantly since the Center opened in 2003.

 

 

Penn Law Paints: Murals in the Golkin Hall Project Chute

How do you turn a construction site into an opportunity for community building and fun?

The Golkin Hall student Transition Team had a suggestion: make an art gallery of the Chute, the enclosed tunnel that passes through the Goat lounge, connecting Silverman and Gittis Halls.

Over the course of three weeks, while electricians, insulation installers, HVAC teams and laborers worked above and around them, an estimated one hundred and fifty members of the Penn Law community painted twenty large murals on the Chute's walls. Contributors included solo artists, faculty family groups, teams of staff members, and groups of JD friends.

There are murals inspired by Rothko and Lichtenstein; depictions of scenes in Greece, Afghanistan, and Hawaii; sights like quiet mountain nights, Philadelphia's Boathouse Row, and the facade of Golkin Hall; and renderings of delicate branches of blossoms, a giant eye, and the Penn Law Goat mascot.

On November 1, Penn Law hosted a wine and cheese reception to celebrate and honor the painters.

Click any photo below to view a slideshow of the murals and artists reception.

Read more:
Penn Law Paints!
Art for Construction’s Sake

 

2010 Law Review Symposium: Photo Gallery

From October 28 to October 30, the University of Pennsylvania Law Review hosted its 2010 symposium, "The New American Health Care System: Reform, Revolution, or Missed Opportunity?”

During the course of the symposium forty speakers discussed the Patient Protection and Affordable Care Act (PPACA) and its effects on the physician-patient relationship, insurance regulation, delivery system reform, and incentive structures. Additional panels examined reform efforts abroad, prior domestic reform efforts, and the legislation's constitutionality.

Click any photo below to view a slideshow of the conference.

 

PENNumbra Debate Series Presents "The Right to Remain Silent"

Charles Weisselberg, Shannon Cecil Turner Professor of Law at the University of California, Berkeley School of LawStephanos Bibas, Professor of Law and Criminology; Director, Supreme Court Clinic, University of Pennsylvania Law School

In The Right to Remain Silent, Professors Charles Weisselberg and Stephanos Bibas debate the state of the right to remain silent after the Supreme Court’s decision in Berghuis v. Thompkins, which held that a suspect in custody must affirmatively state her intent to remain silent in order to invoke that right. Professor Weisselberg recounts the interrogation of Mr. Thompkins and argues that the majority in Thompkins rejected the fundamental underpinnings of Miranda’s prophylactic rule and established a new one that fails to protect the rights of suspects. Professor Bibas argues that the Court’s holding reflects a proper rejection of Miranda’s “failed experiment,” which ignored the Fifth Amendment’s compulsion requirement and did not establish adequate safeguards for the innocent suspects who need them. He posits that the tougher question is how to reform the system so that it does protect those parties, and he further suggests that videotaping all interrogations would go a long way toward ensuring confessions that are free from compulsion.

Read the debate at the PENNumbra website.

 

Clyde W. Summers, Leading Labor Law Scholar, Dies at 91

Professor Clyde Summers in 2002

 

Clyde W. Summers, Jefferson B. Fordham professor of law emeritus at the University of Pennsylvania Law School and one of the greatest labor law scholars of his generation, died Oct. 30 after a long illness. He was 91.
 
Known as a prophet and the senior partner of the labor law professoriate, Summers “had no peer in influencing such a large number of significant areas within the field,” Robert Gorman, Kenneth W. Gemmill professor of law emeritus, wrote in a 1990 law review article. Summers played a pre-eminent role in major areas of labor and employment law including individual worker rights, union democracy, unjust discharge, and the rights of public employees and non-union employees. He was also a pioneer in international and comparative labor law.
 
Summers “brought to his life as a labor law teacher a passionate belief that the benefit to human flourishing that had accompanied the gradual expansion of democracy in the political arena should be brought into the world of work as well,” said Howard Lesnick, Jefferson B. Fordham professor of law. Summers’ concern with the rights of the individual worker became the dominant focus of his research and writing and spurred him to put his scholarly ideas into practice through public policy activism and movement building.
 
“Clyde used to say that the life of the lawyer should be something more than cases and precedent – it should be about what is good, what is just, what is kind,” recalled Penn Law Dean Michael Fitts. “He couldn’t have described his own career better. Clyde’s life in the law – his teaching of generations of lawyers, his brilliant scholarship, and his passionate advocacy for the rights of workers – truly leaves the world a more just place.”
 
In 63 years as a teacher and scholar, Summers shared his expertise in domestic and comparative labor law with over 9,000 students and colleagues. He taught more than 20 different courses, edited five casebooks, published more than 125 law review articles, and was the founding editor of the Comparative Labor Law Journal.
 
“Clyde was simply remarkable,” Professor Gorman said in a telephone interview. “His writings were brilliant, readable and passionate. He was consistently ahead of his time in identifying issues that almost no one could foresee would become pervasive and important.”
 
Summers’ seminal 1976 article advocating statutory protection against unjust dismissal provided the model for the Commission of Uniform Sate Laws’ Model Employment Termination Act. His groundbreaking work in the 1950s on unions’ relations with their members caught the attention of then-Senator John F. Kennedy, who called upon Summers to draft what would become the Landrum Griffin Act, the 1959 law designed to protect and promote democratic process in unions.
 
Summers joined the Penn Law faculty in 1975 after teaching at Yale from 1957-1975, the University of Buffalo from 1949-1956, and the University of Toledo from 1942-1949. He formally retired from Penn Law in 1989 but continued teaching full-time until he suffered a stroke in 2005. He wrote in his faculty profile in 2002, “I continue teaching because I enjoy teaching law more than anything else I might do; it has been my life.”
 
In addition to his scholarly work, Summers was an arbitrator in over 1,000 cases over 50 years, was the umpire for the anthracite coal industry for 20 years, and served as an expert witness and advisor to courts and government agencies for decades. Among numerous awards, he held Ford, Fulbright, German Marshall, Guggenheim, and National Endowment for the Humanities fellowships.
 
The youngest son of a Midwestern farmer, Summers was drawn to labor law from his early experiences growing up during the Depression and working to pay for college tuition under “atrocious” conditions in a restaurant, the liberal views of his Methodist church, and the rising wave of union activism of the day.
 
Summers had planned to become a preacher before he found his calling in the law. Nevertheless, his religious convictions influenced the trajectory of his legal career; after receiving his undergraduate and law degrees from the University of Illinois, Summers was denied admission to the Illinois bar in 1943 because he had been a conscientious objector to World War II. He appealed the case to the U.S. Supreme Court but lost in a five-four vote. Though he had already begun teaching in 1942 and was eventually admitted to the New York bar in 1951, Summers credited his inability to practice law early in his career with his decision to remain a law professor. 
 
Despite the loss at the Supreme Court, the 26-year-old Summers left an impression on Justice Hugo Black, who wrote in his dissent that Summers “is honest, moral, and intelligent . . . His ideals of what a lawyer should be indicate . . . that he would strive to make the legal system a more effective instrument of justice.”
 
The record before Justice Black included Summers’ testimony to the Illinois bar authorities. In a statement that would foresee his career, Summers had said, “I think the law has a place to see to it that every man has a chance to eat and a chance to live equally.”
 

Summers is survived by his wife, Evelyn, sons Mark and Craig, daughters Erica and Lisa, a sister Majel Drake, and eight grandchildren. Donations may be made to the Peggy Browning Fund, which provides fellowships for law students dedicated to improving the lives of workers, at 1525 Walnut St., Philadelphia 19102 or to the Association for Union Democracy, 104 Montgomery St., Brooklyn, NY, 11225.

Updates:

New York Times: Clyde W. Summers, Advocate of Labor Union Democracy

Philadelphia Inquirer:  Clyde Summers, Expert on Law and Labor

Washington PostSan Francisco Examiner: Clyde W. Summers Dies, Legal Scholar Was Influential Advocate of Union Democracy

Memorial Service: A service to honor and remember Professor Summers will be held at the Law School's Levy Conference Center on Saturday, April 16, at 2pm.

 

 

 

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