Faculty News

November/December 2011

Thomas Antkowiak, Assistant Professor and Director, Latin America Program

  • He presented "Peru and the Genesis of Victim-Centered Remedies" at the symposium "Enacting Justice in the Wake of Violence." The event was sponsored by the International Center for Ethics, Justice, and Public Life at Brandeis University and Northeastern University School of Law. 
  • In November, the Seattle Human Rights Commission invited Professor Antkowiak to give a seminar to the Commissioners on the United States' obligations with respect to international human rights law.

Lorraine Bannai, Professor of Lawyering Skills and Director, Fred T. Korematsu Center for Law and Equality

  • On November 19, she presented a mock law school class at the Future of the Law Institute, a program of the King County Bar Association designed to encourage high school students of color to pursue careers in law. 
  • In December, she presented a talk on "The Japanese American Internment During World War II and the Subsequent Vindication of Messrs. Korematsu and Hirabayashi," at the CLE, "Justice Goes to War," held at the Temple of Justice in Olympia.   
  • On December 20, she was a presenter at the Asian Bar Association CLE "Don't Judge Your Clients: The Lawyer's Ethical Obligation in Addressing Stereotypes."

Perry Bechky, Visiting Assistant Professor

  • He presented his paper "Microinvestment Disputes" at the inaugural "safe spaces roundtable" sponsored by the American Society of International Law's interest group on international economic law at Brooklyn Law School. He was one of two junior scholars invited to workshop their papers with a group of experts in the field of international economic law. He also presented the same paper at the 2011 Law and Development Institute Conference, "Law and Development at the Microlevel: From Microtrade to Current Issues in Law and Development," co-hosted by SU and the Law and Development Institute.

Steven Bender, Professor

  • He presented his work on compassionate immigration reform to University faculty and students at a luncheon at Seattle University. 
  • He submitted an invited commentary on Professor Rick Su's article on Immigration as Regional Policy as part of a new on-line dialogue on the Fordham Urban Law Journal website.

Marilyn Berger, Professor Emeritus

  • She won the Directors' Choice award for her documentary, "Out of the Ashes: 9/11," at the Gig Harbor Film Festival. The film was presented at the Galaxy Theater Cinema 8 to an enthusiastic audience and was followed by a lively Q & A led by Professor Berger. Prior to the film, SU Law Director of the Annual Fund Michael Sclafani organized a wine tasting attended by former Dean Fredric Tausend and Marilyn Tausend; Professor Emeritus Bill Oltman and his wife Karen; Associate Dean Rick Bird and his wife Laurie; and alumni in the Gig Harbor area.
  • She has been touring her documentary "Out of the Ashes." She presented the documentary at Cornell University, the University of New Haven, Albany Law School, Western State University Law School (CA) and Thomas Jefferson Law School. Her final documentary screening this fall is in December with a keynote presentation showing excerpts of the film at the Georgia State Bar, ADR section. 
  • She also presented CRUDE, the second film in the Law Film Series. The film is an inside look at the infamous $27 billion "Amazon Chernobyl" case. A panel discussion, moderated by Adjunct Professor Clifford Villa with panelists Professors Mark Chinen and Henry McGee, Jr., followed. Watch the discussion.
  • She presented the keynote program at the 18th Annual ADR Institute and 2011 Neutrals' Conference for the Georgia Bar in Atlanta. The program, "Out of the Ashes: 9/11- A Cinematic Study of Mediation," included selected clips from the documentary. 

Robert Boruchowitz, Professor from Practice

  • He presented an update on his ongoing project with the Louisville Public Defender, titled "Improving Implementation of the Right to Counsel in Kentucky Courts and Increasing Alternatives to Traditional Prosecution," to the Jail Policy Committee of the Louisville Metro Criminal Justice Commission. The project is funded by a grant from the Louisville Bar Foundation.  While in Kentucky, he met with defenders and judges to discuss improving access to counsel in misdemeanor cases.   
  • He was quoted about his views on caseload standards in the Yakima Herald article "Supreme Court rule would limit public defender caseloads, require more staff for city."
  • He spoke on "Caseload Standards and Ethics Opinions-Strategies for Coping and Obtaining Funding" at a National Defender Training presented by the American Bar Association. He also co-facilitated a small group in a brainstorming session and a mock cross examination, and served as co-chair of this project which included four defender training programs in four different cities.
  • He spoke to the Northshore Rotary in Kenmore, Wash. on "Misdemeanor Courts-The Threatened Right to a Lawyer."
  • He spoke at two sessions at the National Legal Aid and Defender Association Centennial Conference in Washington, D.C.: "Using Defender Standards: Reviewing the Washington Experience in a National Context" and "Right to Counsel in Misdemeanors-How to Implement Argersinger and Shelton."
  • Along with Professor Robert Chang, he testified before the state Senate Judiciary Committee in a session on the work of the Race and Criminal Justice Task Force.
  • He was quoted in a Wall Street Journal article, "A Sewage Blunder Earns Engineer a Criminal Record," on the potentially serious consequences of having a misdemeanor conviction.

Mary Bowman, Associate Professor of Lawyering Skills

  • Her article "Engaging First-Year Students through Pro Bono Collaborations in Legal Writing" was accepted for publication in the Journal of Legal Education.

Melinda Branscomb, Professor Emeritus

  • Professor Branscomb, who was named "Outstanding Contributor to the Field of Mediation" by the Washington Mediation Association, published a book, "Mediation, Mediation Advocacy, and Collaborative Law."
  • The audio-visual series she published, "An Interest-based Mediation," is featured on the National Association of Family and Community Mediators You-tube site. Consisting of three teaching videos, a Student Handbook, and a Teacher's Manual, it is being used to enhance skills teaching in law school dispute resolution classes throughout the country.

Patrick Brown, Visiting Assistant Professor

  • Material discovered by Professor Brown was published as Part II of Volume II of "The Collected Works of Bernard Lonergan."

Robert Chang, Associate Dean for Research and Faculty Development and Professor

  • He presented the paper "Keith Aoki's Theory of Racial Microclimes" at a joint conference at Hofstra Law School sponsored by the Conference of Asian Pacific American Law Faculty and Northeastern People of Color Legal Scholarship Conference. His article will be published in an upcoming symposium issue of the UC Davis Law Review.

Tina Ching, Electronic Services Librarian

  • She spoke on two panels at the Western Pacific Chapter of the American Association of Law Libraries Annual Meeting in Portland, Oregon: "Hiring the Law Librarian of the Future and New Information Delivery Technologies." 
  • She was also invited to participate in the American Association of Law Libraries Futures Summit held in Oak Brook, Illinois.

Richard Delgado, University Professor

  • His article "How to Write a Law Review Article" made SSRN's top-ten download list for law and rhetoric at 815 times. 
  • He composed a 1,000-word tribute to Derrick Bell for a website at NYU memorializing his life and thought. Focusing on a little-known incident in Bell's early life, Professor Delgado suggests that Bell's courageous approach to the challenges of professional life grew out of, as well as shaped, his contribution to critical thought.
  • His article "Transcendence:  Conservative Wealth and Intergenerational Succession" was published in 59 UCLA L. Rev. Discourse 42 (2011) and addresses some of the psychological underpinnings of the behavior of certain very wealthy captains of industry whose children disappoint, such as by refusing to follow in their fathers' footsteps.
  • His article, "Authoritarianism," was accepted for publication by Rutgers Race & the Law Journal.
  • A 1986 article that he recently posted on SSRN has been downloaded 1039 times and is ranked 511 among all articles published on the site over the last year.

Richard Delgado, University Professor, and Jean Stefancic, Research Professor

  • Their book "Critical Race Theory: An Introduction (2d edition)" was published by NYU Press, which plans to feature it at AALS, Law & Society, American Sociological Association, and American Studies Association annual meetings. 

Diane Lourdes Dick, Assistant Professor

  • She was invited to serve as a guest blogger from Nov. 21 through Dec. 5 for The Conglomerate, a blog focusing on the intersections of business, law, economics and society.

Janet Dickson, Associate Professor of Lawyering Skills, Laurel Oates, Professor and Director, Legal Writing Program, and Mimi Samuel, Associate Professor of Lawyering Skills

  • They traveled to South Africa to organize a conference in conjunction with the University of Zululand. The conference was co-sponsored by APPEAL, an organization housed at SU and devoted to collaborating with law programs in English-speaking African countries to develop their legal writing curricula and pedagogy. Professor Dickson co-chaired the conference with Olugbenga Oke-Samuel of the University of Zululand. Professor Oates was the chair of the program committee, and Professor Samuel is a co-president of APPEAL. The three professors presented a workshop on giving feedback on student work. The conference was attended by approximately 60 participants representing 11 South African universities, eight U.S. universities, and law programs and universities in Nigeria, Ghana, and Kenya.

Tim Duane, Visiting Associate Professor

  • He published "Water, Work, Wildlife, and Wilderness: the Collaborative Federal Public Lands Planning Framework for Utility-Scale Solar Energy Development in the Desert Southwest," 41 Environmental Law 1093, Fall 2011 (with Siobhan McIntyre), and "Regulatory Spillover: How Regulatory Programs Influence Voluntary Efforts to Adopt Best Management Practices to Manage Non-Point Source Pollution," 35 Environs Environmental Law and Policy Journal 37, Fall 2011 (with Anne G. Short).

Gillian Dutton, Externship Program Director and Assistant Professor

  • She gave the welcoming address at the annual conference of the Washington State Coalition for Language Access. The conference featured a keynote address from Washington State Supreme Court Justice Susan Owens and covered a range of topics including research on impact of language services, ethics, cultural competency, and legal requirements of language access in education, health care and other fields. Professor Dutton led a session for government agencies at the conference, titled "Implementing a Successful Language Access Program." 
  • She also presented "Teaching about Language Access in Experiential Learning-the ABA Standards" at the Northwest Clinical Conference and "The Role of Language Access in Immigrant Integration" as part of a panel on language access and technology at the National Immigrant Integration Conference, which was sponsored by the Migration Policy Institute and National Partnership for New Americans. 
  • She attended a meeting in Washington, D.C. to discuss the ABA Standards for Language Access to be presented at the next annual ABA meeting.
  • She presented a CLE on "Language Access and the ABA Standards" to attorneys and staff at the City of Seattle.

Eric Eberhard, Distinguished Indian Law Practitioner in Residence

  • He was elected Chair of the Board of Trustees of the Udall Foundation, which is the home of the U.S. Institute on Environmental Conflict Resolution and the Native Nations Institute. The Foundation awards scholarships and fellowships and operates an intern program that places Indian and Native American students in offices in Congress and the Executive Branch in Washington, D.C. Trustees are appointed by the President, subject to confirmation by the U.S. Senate, and serve six-year terms. Eberhard is in his second term on the Board of Trustees, and he has been Chair of the Board's Committee on the Native Nations Institute since 2001. During that time, the Board has provided over $8 million in funding to the Institute for ground-breaking research and the development of an innovative curriculum aimed at equipping tribal leaders with the skills necessary to improve governance in Indian country.
  • He was quoted in the Washington Post on the passing of Elouise Cobell, lead plaintiff in Cobell v. Salazar, which resulted in the largest settlement against the federal government in history.
  • He was the featured speaker at the annual meeting of the United South and Eastern Tribes in Choctaw, Mississippi, on the subject of the 2010 Midterm Elections and the Political Landscape for the 2012 Elections. Among other topics, the presentation focused on the impact of reapportionment and the pending or recently enacted state legislation that requires state issued voter identification and that otherwise restricts voting in the 2012 election.

Thomas Fischer, Senior Faculty Fellow with the Center for Global Justice

  • His invited review of Professor Dr. Robert Schutze's book, "From Dual to Cooperative Federalism" (Oxford 2009), appeared in the December issue of European Public Law (volume 17, number 4). 
  • His latest book, "Legal Gridlock: A Critique of the American Legal System," was released by Carolina Academic Press in January 2012.

Margaret Fisher, Distinguished Scholar in Residence

  • She is featured in the iCivics video broadcast on TVW, which launched on Nov. 21. View the video. As the coordinator for iCivics for Washington, she and State Supreme Court Justice Mary Fairhurst are promoting the use of this free online civic education program created by Justice Sandra Day O'Connor.
  • She conducted a statewide youth court conference attended by youth courts across the state.

Margaret Fisher, Distinguished Scholar in Residence, and Diana Singleton, Director, Access of Justice

  • They are collaborating with Seattle Municipal Court to establish a Seattle Youth Traffic Court. Garfield High School Principal Ted Howard has agreed to the collaboration, which will be done in conjunction with the Seattle University Youth Initiative. The plan is to use law student volunteers to assist with the establishment and operation of the youth court and to begin hearing cases in March 2012. 

Charlotte Garden, Assistant Professor

  • She presented her paper "Teaching for America: Educators' Free Speech Rights In and Out of the Classroom" at the University of Toledo Law Review's symposium on Public Sector Labor Law at the Crossroads. The paper will be published this spring in a symposium issue of the Toledo Law Review.
  • Her article "Citizens, United and Citizens United: The Future of Labor Speech Rights?" was published in the October 2011 issue of the William and Mary Law Review.

Christian Halliburton, Associate Professor

  • His latest article "Race, Brain Science, and Critical Decision-Making in the Context of Constitutional Criminal Procedure" will be published by Gonzaga Law Review as part of its Race and Criminal Justice in the West symposium issue. The article surveys emerging neuroscientific research regarding the way race and emotion act on the human brain to influence perception, memory, trust, and judgment, and analyzes these influences on citizen-law enforcement interactions in the context of several commonly-occurring scenarios.

Lily Kahng, Associate Professor

  • She presented her paper (co-authored with Mary Louise Fellows), "Costly Mistakes: Undertaxing Business Owners and Overtaxing Workers," at the Loyola LA Tax Policy Colloquium.

Won Kidane, Assistant Professor

  • His book, "China-Africa Dispute Settlement" was released by Walters Kluwer. The book has also recently been profiled on the Kluwer arbitration blog. 

John Kirkwood, Associate Dean for Faculty Development and Associate Professor

  • He is working with others to organize a conference and symposium volume on the goals of antitrust laws. George Washington University's Competition Law Center will host the conference. The organizers will approach law reviews about publishing a symposium volume.
  • He addressed "Bundled Pricing: When is it Anticompetitive? When is it Illegal?" at the 28th Annual Antitrust, Consumer Protection and Unfair Business Practices Seminar sponsored by the Washington State Bar Association. This was the second year in a row in which the two antitrust professors in Seattle (Kirkwood and Dwight Drake of UW) appeared on a panel together.
  • He has been invited to summarize his article "The Robinson-Patman Act and Consumer Welfare:  Has Volvo Reconciled Them?" 30 Seattle U. L. Rev. 349 (2007), for an upcoming issue of the "e-Competitions Bulletin." The issue will contain summaries of articles on recent Supreme Court antitrust decisions.
  • He consulted on the American Antitrust Institute's letter to the Federal Trade Commission urging it to oppose the merger of Express Scripts and Medco, two of the nation's largest pharmacy benefit managers. He analyzed the buyer power issues raised by the proposed transaction and suggested ways to address them. 

Y.S. (Steve) Lee, Visiting Professor

  • His edited book "Law and Development Perspective on International Trade Law" was published by Cambridge University Press. Seventeen leading authors from several countries participated in this project with Professor Lee, contributing five chapters to the volume. One of his chapters, "Reclaiming Development in the World Trading System Revisited" was published in Carolyn Deere-Birkbeck ed. "Making Global Trade Governance Work for Development" (Cambridge University Press, 2011). Another of his chapters, "Beyond the Doha Round: Towards Development Facilitation in the World Trading System," was accepted by Denver Journal of International Law and Policy for publication in a book (title to be determined) commemorating the Journal's 40th anniversary.   
  • His two co-authored articles, "Facilitating Preferential Trade Agreements Between Developed and Developing Countries: A case for 'Enabling' the Enabling Clause" and "'Jeon-se': Korea's Property Leasing System from Comparative Legal Perspective," were accepted for publication by Minnesota Journal of International Law and Arizona Journal of International and Comparative Law, respectively.
  • He will host "Law and Development at the Microlevel: From Microtrade to Current Issues in Law and Development" in conjunction with the School of Law. 
  • His article "First WTO Case on Transitional Product-Safeguard Measure under Section 16 of the Protocol of China's Accession to the WTO:  Affirming Discriminatory Safeguard Measure by WTO?" was accepted for publication by the Journal of World Trade for its 2012 August issue. The article is Professor Lee's 12th article to be published in the Journal of World Trade.
  • He is scheduled to give a talk, titled "Microtrade as a Way for Developing Countries to Escape Poverty," at the University of Washington School of Law and Wake Forest University School of Law on Jan. 9 and Jan. 26, respectively. Find details of Professor Lee's talk at the University of Washington.

Tayyab Mahmud, Professor and Director of the Center for Global Justice

  • He delivered a keynote address, "Alternative Development or Alternatives to Development?," at a conference on "Rethinking Development: Debating New Directions in a time of Crises" at Cornell University.
  • He was the invited speaker at the University Seminar of Columbia University, where he presented the paper "Colonial Cartographies and Postcolonial Insecurities in South Asia." 
  • He was interviewed by Voice of America International Service about recent developments in Afghanistan and Pakistan.
  • He presented a paper, titled "Constitutional Methods for Undermining Constitutions," at a workshop on "Constitutional Breakdowns," held at the Woodrow Wilson School of Public and Int'l Affairs, Princeton University.

John McKay, Professor from Practice

  • He provided training on "Leadership Ethics" to the Command Staff (Captains and above) of the King County Sheriff's Office, the ninth largest sheriff's office in the United States. 
  • He also gave keynote remarks at the 15th Anniversary celebration of the Northwest Justice Project.
  • He served as Moderator of the Town Hall Debate between the executive directors of the Ayn Rand Center and Demos (fifth in a national debate series) on "Government, What is it Good For?" The debate was covered by C-SPAN.

John Mitchell, William C. Oltman Professor of Teaching Excellence

  • His article "Crimes of Misery and Theories of Punishment" was accepted for publication in the New Criminal Law Review (a peer reviewed, international and interdisciplinary journal housed at the University of California, Berkeley).

Douglas Nash, Director of the Center for Indian Law and Policy

  • He was invited by the University of Idaho Chapter of the Native American Law Student Association to give a presentation introducing the screening of the video "American Indian Homelands: Matters of Truth, Honor and Dignity Immemorial" in Moscow, Idaho. The video was produced by the Indian Land Tenure Foundation for which Nash was a founding board member and treasurer. At the event, which was attended by 60-70 people, Nash was surprised when he was presented with a Nez Perce Pendleton Blanket by the NALSA chapter. These blankets were special editions produced by the Pendleton Woolen Mills and each bears a leather label with the Nez Perce tribal seal and a dedication. He was also presented with a shirt of the Vandal Nation Singers, the drumming and singing group that provided the welcoming song for the event.

Laurel Oates, Professor and Director, Legal Writing Program, and Mimi Samuel, Associate Professor of Lawyering Skills

  • They presented a full-day workshop on effective judgment writing for approximately 25 magistrates and High Court judges from the Botswana judiciary.

Catherine O'Neill, Professor

  • She and the SU Center for Indian Law & Policy are included in a Huffington Post article discussing the issue of tribal treaty rights, fish consumption, and water quality standards-an issue that is front and center right now in Washington State and around the nation. Read the article.

Becca Rausch, Teaching Fellow

  • She will present her work-in-progress "The Feminist Side of Obamacare" at the Fifth Annual Feminist Legal Theory Conference at the University of Baltimore School of Law.
  • In the spirit of the upcoming holiday season, she and her husband, Lior Barnoon, will be singing with the Seattle Jewish Chorale in its Chanukah concerts on Dec. 18 (3pm) and Dec. 21 (7pm). It's a family-friendly show for folks of all backgrounds. Find more information and purchase tickets.

James Rosenfeld, Director, Education Law Academy

  • On behalf of the National Academy for IDEA Administrative Law Judges and Impartial Hearing Officers, he organized and directed a five-day training of California's special education Administrative Law Judges and mediators for the state's Office of Administrative Hearings in Sacramento. This was the fifth such training conducted by the National Academy.
  • He described the current state of his proposal "Arbitration As An Alternate Special Education Dispute Resolution Procedure: It's Not What You Think" at the Fifth National Symposium on "Dispute Resolution in Special Education: Showcasing Exemplary Practices," presented by the Center for Alternate Dispute Resolution in Special Education (CADRE) in Eugene, Oregon. 
  • He will describe the current state of his proposal to establish an arbitration procedure for special education disputes, and moderate a panel discussion, at the symposium on "Examining the IDEA in Theory and in Practice" at Pepperdine Law School on Feb. 10, 2012. The symposium brings together academics and practitioners to examine the Individuals with Disabilities Education Act, to discuss its successes and its shortcomings, and to strategize ways in which the entire community can work together to ensure that all children with disabilities are receiving an adequate free and appropriate public education.

Julie Shapiro, Professor

  • She delivered a paper on "Conflict of Laws and Multi-State Assisted Reproductive Technology (ART) Arrangements" at the semi-annual meeting of the American Academy of ART Attorneys in San Francisco.

Ada Shen-Jaffe, Professor from Practice

  • She was the keynote speaker at KCBA and KCBF's Annual Recognition Event honoring pro bono services program volunteers and donors. KCBA's pro bono services program is a partner in the Washington State Alliance for Equal Justice, as is our Access to Justice Institute.

Ron Slye, Professor

  • His article "A Limited Amnesty? Insights from Cambodia" will be published in the edited volume "Amnesty in the Age of Human Rights Accountability" (Cambridge University Press).  The article draws upon work he has done in Cambodia on accountability and suggests that amnesties can be used as a tool to further justice, accountability, and reconciliation instead of as a tool to further impunity.
  • He spoke at a conference in Kampala, Uganda, sponsored by UN Women, the UN Office of the High Commissioner on Human Rights, and the Refugee Law Project, titled "Dialogue:  The Crossroads of Amnesty and Justice." 
  • He spoke at a conference in Bujumbura, Burundi, sponsored by the American Friends Service Committee. The conference brought together government officials and civil society representatives to discuss the creation of a truth and reconciliation commission in Burundi. Professor Slye was a member of the panel "Transitional Justice Mechanisms: Lessons Learned with Truth and Reconciliation Commissions," where he spoke about his experiences as a Commissioner with the Kenyan Truth Justice and Reconciliation Commission.

Jean Stefancic, Research Professor, and Richard Delgado, University Professor

  • They served as guest lecturers in a class on critical race theory in education at the University of Illinois. Performing via Skype, the two answered questions from the students and summarized the scholarship on the origins and development of the legal storytelling movement. The course instructor is Adrienne Dixson, a prominent professor of multicultural education.

Faith Stevelman, Visiting Professor

  • She participated with other faculty in the Berle Center Corporate Governance program. The program presented SU faculty's depth and energy to the area's business and legal luminaries as well as to two Delaware judges. The program discussed issues including oversight, accountability and the rule of law in the corporate context.
  • She was the commentator at the University of Delaware's Weinberg Center on Corporate Governance for an econometric paper on Mergers and Acquisition litigation presented by Georgetown Law Professor Robert Thompson. The discussion focused on the empirical evidence regarding the effect of litigation on transactional returns for shareholders and deal closure rates. 
  • She was asked to compose and submit a comprehensive scholarship review for a colleague in her field (at another law school) whose publications were being evaluated for tenure purposes.
  • She was a panelist, alongside Vice Chancellor Leo Strine, Jr. of the Delaware Court of Chancery, at the Investor Legal Education Foundation conference in New York City. Her comments addressed executive compensation, whistleblower protections and proxy access to initiatives of the SEC growing out of the Dodd-Frank Act. Later that day, she met with representatives of the Aspen Institute's Business and Society Program to discuss the upcoming programs of Seattle University School of Law's Adolf A. Berle, Jr. Center on Corporations, Law and Society.

Jane Stoever, Assistant Professor

  • She spoke on the panel "Storytelling and Narrative: What Is It and How Can We Use It in Our Advocacy?" at the Northwest Clinical Law Conference. Her presentation addressed telling believable and memorable stories that are client-centered, and using the narrative theory elements of characters, context, and perspective to develop case theories.

George Van Cleve, Distinguished Scholar in Residence

  • His review essay "Slavery, the Rule of Law, and the Civil War" will be published in the University of Tulsa Law Review in Spring 2012. It reviews three recent books on the legal history of antebellum slavery.  
  • He has also been asked by Oxford University Press to serve as a reviewer of a forthcoming book on colonial American legal history. 

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