The Brief: Law School News and Events

Bulletin Board

Matthew Adler will publish a book in 2011 titled Well-Being and Equity: A Framework for Policy Analysis (Oxford University Press). Building on both welfare economics and philosophical scholarship, the book develops a systematic methodology for incorporating considerations of fair distribution into policy analysis.

Anita Allen has a book, Unpopular Privacy (Oxford University Press), in the cue for next year, along with a second edition of Privacy Law and Society (West) and an anthology, Privacy Law Today (University Readers). She recently published a collection of her op-eds and short essays, Everyday Ethics: Opinion about the Things That Matter Most.

Regina Austin published "Documentation, Documentary, and the Law: What Should Be Made of Video Victim Impact Videos?" in the Cardozo Law Review. The article tackles the issue of the use of home movies and photographs as evidence in the sentencing phase of capital cases.

Tom Baker is publishing a book Ensuring Corporate Misconduct: How Liability Insurance Undermines Shareholder Litigation (University of Chicago Press) with Sean Griffith in early 2011. The book demonstrates for the first time how corporations use insurance to avoid responsibility for corporate misconduct, undermining the impact of securities laws.

Shyam Balganesh wrote an article titled "The Pragmatic Incrementalism of Common Law Intellectual Property" that will be published later this year in the Vanderbilt Law Review. The article argues for a greater reliance on common law method of lawmaking, characterized by its use of incremental (rule development one case at a time) and pragmatic (antifoundational/ pluralist reasoning) techniques, in the realm of intellectual property and innovation policy.

Jill Fisch has published an article titled "Rethinking the Regulation of Securities Intermediaries" in the University of Pennsylvania Law Review. The article argues that mutual funds should be regulated as products rather than operating companies and proposes a "conform or explain" system to facilitate consumer choice through the provision of standardized financial products.

Sarah Barringer ("Sally ") Gordon's new book The Spirit of the Law: Religious Voices and the Constitution in Modern America (Harvard University Press) explores the creation and evolution of the hard-fought world of church and state. The new constitutional world that emerged in the 1940s has drawn countless litigants to turn to courts to vindicate their deepest beliefs and practices. The book tells the stories of these passionate believers who tested the boundaries of religion and government, transforming the law of religion.

Jonathan Klick will publish (with Brian Galle) an article titled "Recessions and the Social Safety Net: The Alternative Minimum Tax as a Counter-Cyclical Fiscal Stabilizer" in the Stanford Law Review. Galle and Klick argue that the federal alternative minimum tax (AMT) counteracts the tendency of state and local governments to overspend on social insurance programs in good times and underspend in tough economic times. They provide econometric evidence supporting this argument.

Howard Lesnick completed 50 years as a law professor (all but six of them at Penn Law School) this past spring. In October, he will give a public lecture at University College Cork, Ireland, on the topic: "Can Liberal Religion Ground Moral Imperatives?"

Gideon Parchomovsky published two articles this year. "The Disortionary Effect of Evidence on Primary Behavior" (with Alex Stein) was published in the Harvard Law Review. "The Hidden Function of Takings Compensation" (with Abraham Bell ) appeared in the Virginia Law Review.

Paul H. Robinson will have two articles published later this year. "Realism, Punishment & Reform" (with Robert Kurzban and Owen Jones) will be published in the University of Chicago Law Review. "Competing Theories of Blackmail: An Empirical Research Critique of Criminal Law Theory" (with Michael Cahill and Dan Bartels) will be published in the Texas law Review.

David Skeel led Penn Law School's first Global Research Seminar last spring, in which his class met scholars and regulators in Milan, Rome and Washington, D.C. to discuss the foundations and structures of contemporary corporate governance with particular emphasis on the proposals that became the new Dodd-Frank Act.