Faculty News

September/October 2011

Janet Ainsworth, John D. Eshelman Professor 

  • She presented the following scholarly works to a number of conferences: (1) "What's Wrong with Pink Pearls and Cornrow Braids?: Employee Dress Codes and the Semiotic Performance of Race and Gender in the Workplace" at the Law and Society Association Annual Meeting; (2) "Is Attorney Misconduct Gendered? The Surprising Prevalence of Men in Attorney Disciplinary Cases" at the AALS Midyear Meeting: Woman Re-thinking Equality; (3) a workshop presentation on the intersection of law, language, and gender at the West Coast Roundtable on Language and Law; (4) "Silence, Speech, and the Paradox of the Right to Remain Silent in American Police Interrogation" at the University of London Faculty of Laws, Current Legal Issues Colloquium 2011-Law and Language; (5) "Construction of Admissions of Fault in American Rules of Evidence: Speech, Silence, and Significance in the Legal Creation of Liability" at the International Association for Forensic Linguistics Biennial Meeting; (6) "The Vanishing Right to Remain Silent in American Police Interrogation-A Linguistics Based Critique" at the International Conference on Law, Language and Discourse; (7) the panel "Reflection over Language I: Legal Theory, Linguistic Theory, and its Application," and the paper, "Language Policy and the Rights of Bilingual Workers: An American Perspective," at the Sixteenth Triennial Congress of the International Association for Applied Linguistics.  She also participated in the full-day symposium, "Legal Discourse in Litigation and Arbitration-A Comparison," sponsored by the Research Grants Council of Hong Kong CERG Project: International Commercial Arbitration Practice: A Discourse Analytic Study; (8) a plenary presentation, "Lost in Translation? Linguistic Diversity and the Elusive Quest for Plain Meaning in the Law," at the International Conference on Law, Translation, and Culture; and (9) "Language and Identity at Work: Legal Regulation of Code-Switching and Code-Switching in the Workplace" at the Sixth International Conference on Discourse, Communication, and the Enterprise.
  • Her article "Linguistic Ideology in the Workplace:  American Legal Treatment of Bilingual Workers" was published in Maurizio Gotti and Christopher Williams, eds. "Legal Discourse across Languages and Cultures."
  • Her article "Curtailing Coercion in Police Interrogation: The Failed Promise of Miranda v. Arizona" was published in Malcolm Coulthard and Alison Johnson, eds. The Routledge Handbook of Forensic Linguistics (2011).
  • Her piece, "The Construction of Admissions of Fault Through American Rules of Evidence: Speech, Silence, and Significance in the Legal Construction of Liability" was published in Anne Wagner and Le Cheng, eds. "Exploring Courtroom Discourse: The Language of Power and Control" (2011).

Robert Alsdorf, Distinguished Jurist in Residence

  • His piece, "High Profile Cases:  Are They More Than a Wrinkle in the Daily Routine?," is in Vol. 47, Issues 1-2, of The Court Review, published by the American Judges Association, Williamsburg, VA. 
  • He recorded a series of lectures and a panel discussion, "Opinion Writing in Controversial Cases," which will be available fall 2011 as an online judicial education course under the auspices of the National Center for State Courts.
  • He was nominated by the ABA and appointed by the International Legal Assistance Consortium to be a member of a 6-person team of judges and lawyers to travel to South Sudan to consult with the new government on rule of law issues.

Thomas Antkowiak, Assistant Professor and Director, Latin America Program

  • His article, "An Emerging Mandate for International Courts: Victim-Centered Remedies and Restorative Justice," was listed for several weeks on SSRN's Top Ten download list for LSN: International Adjudication.  It was the lead article for the Summer 2011 issue of the Stanford Journal of International Law.
  • He participated in a competitive call for papers for an upcoming book, "A Critical Evaluation of the Scholarship of Professor William Schabas." 
  • His abstract, on the roles of national and international institutions to redress human rights violations, was peer-reviewed and recently selected; his chapter will likely be published by Cambridge University Press in 2012.

Steven Bender, Professor

  • He spoke on the Geographies of Hate at the LatCrit XVI conference in San Diego as part of a panel he organized on Immigration Regionalism. 
  • He moderated a panel on SALT values in deaning at the Korematsu Center's diversity in law school leadership conference.
  • He organized and spoke at a memorial symposium for the late Keith Aoki held at the University of Oregon law school.  Soon, he will submit an invited piece to the UC Davis law review discussing Keith's Aoki's immigration law scholarship, titled "Gringo Alley."
  • He presented a faculty workshop at the University of Oregon law school on the writing and placement of monographs.

Marilyn Berger, Professor Emeritus

  • She was interviewed by Ray Andrewsen, the General Manager at AM 1220 WQUN, about the "Out of the Ashes: 9/11" documentary and its  significance for legal education.  She was also invited to present the documentary at the New York County Lawyers' Association (NYCLA).  NYCLA has 9,000-members and is located ½ block from Ground Zero.  The keynote speaker at the event was Cyrus Vance, Jr., the New York County District Attorney.  The film was followed by a panel moderated by Professor Berger with Marc Moller, Partner, Kreindler & Kreindler; Debra Steinberg, Partner, Cadwalader, Wickersham & Taft; Jeffrey Trachtman, Partner, Kramer Levin; and Richard Bennett, solo practice.  She also presented the documentary at Quinnipiac Law School.  Following the screening at Quinnipiac there was a panel discussion, moderated by Professor Ray Foery, Professor of Communications in the Department of Film Video and Interactive Media at Quinnipiac University.  Panelists included: Associate Professor Jennifer Gerarda Brown; Richard Bieder, Partner, Koskoff Koskoff & Bieder PC; and Professor Berger.  She also presented the documentary at Yale Law School.  Following the screening of the film, she led a Q & A for students and faculty. 
  • Professor Berger was interviewed by Legal Talk Network on the program Lawyer2Lawyer about "9/11: The Impact on the Legal System Ten Years Later."  Attorneys and co-hosts Bob Ambrogi and J. Craig Williams interviewed Professor Berger, executive producer, writer and co-director of the film, "Out of the Ashes: 9/11," to look back at 9/11 and to discuss how lawyers got involved after the attacks, the legal issues that remain, the Victim's Compensation Fund and how this tragedy has impacted and shaped the legal system.  View the broadcastView the MP3 broadcast.
  • She, Hon. Jeffrey Burkhardt, WA Board of Industrial Appeals in Seattle, and Robert Horton, KUOW Seattle Public Radio & the Everett Herald film Critic presented a program, "Assessing Witness Evidence:  A Cinematic Study in Judging the Credibility of Witnesses."  The presentation featured clips from the Japanese film "Rashomon" interspersed with discussion and audience participation.  The meeting was sponsored by the B.C. Council of Administrative Tribunals 2011 Conference & Annual General Meeting's "Administrative Justice:  From Film to Reality."  150 Administrative Judges attended the meeting from Canada.

Robert Boruchowitz, Professor from Practice

  • He led a panel at the Washington State Bar Criminal Justice Institute on The Impact of the New Supreme Court Rule on Defender Standards Certification. 
  • He was a speaker and co-facilitator of small group discussions at the ABA National Defender Training in Las Vegas.  Among other things, he discussed the history of public defender standards in Washington. 
  • He spoke at a graduate school class in the Administration of Justice at the Seattle University Institute of Public Service on "Countering Formula Justice."
  • He represents a pro bono client who has been granted a pardon by the Governor.  Dan McGivern ('10) worked closely with Professor Boruchowitz and participated in the Clemency and Pardon Board hearing.  Taki Flevaris, Korematsu Fellow, participated in preparing the pardon petition.  The client was convicted of delivery of cocaine in 2005 based on selling $100 of crack cocaine to an undercover officer in 2001.  The client turned her life around, completing treatment and pursuing her education.  She received a Bachelor's degree from Seattle University in 2008 and is pursuing a Master's Degree in community counseling from Seattle University.  King County Prosecutor Dan Satterberg, who referred the case to Professor Boruchowitz, recommended the pardon.
  • He spoke at a public defender training program on "Emerging Issues on Ethics on Using the Performance Guidelines, Standards and the RPC's to Cope With Excessive Caseloads."  The program was sponsored by the State Office of Public Defense and the Snohomish County Public Defender.
  • He spoke at the Race and Criminal Justice conference at Gonzaga School of Law on "Sites of Racial Disparity in the Juvenile Justice System."

Patrick Brown, Visiting Assistant Professor

  • His article "Lonergan and the Challenge of Theory in Catholic Social Thought" was published in the September issue of the peer-reviewed journal "Theological Studies."
  • His article "Response to Glenn Hughes, 'Ulterior Significance in the Art of Bob Dylan'" was published in the Journal of Macrodynamic Analysis.
  • He was invited to present a paper at the Third Religious Legal Theory Conference at Pepperdine University School of Law.
  • His article "Functional Specialization and the Methodical Division of Labor in Legal Studies" was published in the peer-reviewed journal Method.

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

  • The Washington State Race and the Criminal Justice System Task Force, co-chaired by Professor Chang, is preparing for a March 28, 2012 presentation to the State Supreme Court on juvenile justice-related issues.  Paul Holland, Associate Dean for Academic Affairs and Associate Professor, is co-chairing the Juvenile Justice Education Sub-Group, and Ada Shen-Jaffe, Distinguished Public Interest Practitioner in Residence, is co-chairing the Juvenile Justice Community Outreach Sub-Group.
  • His essay, "The Fred T. Korematsu Center for Law and Equality and Its Vision for Social Change," was published in 7 Stanford Journal of Civil Rights & Civil Liberties 197 (2011).
  • Professor Chang, with his co-chairs, the Honorable Nicole Gaines and the Honorable Steven C. González, accepted the Civil Leader Award given to the Task Force on Race and the Criminal Justice System by the Washington State Bar Association Civil Rights Law Section.
  • He presented "Pretrial Risk Assessment/Bail: Some Cautionary Notes" at the 53rd Washington Judicial Conference in Vancouver, Washington.

Margaret Chon, Donald and Lynda Horowitz Professor for the Pursuit of Justice

  • Her paper "Sticky Knowledge in Copyright" was published in Wisconsin Law Review.
  • Her article "Crowdsourcing the Work-Family Debate: Introduction" was published in Seattle University Law Review's colloquy issue on Joan C. Williams's book "Reshaping the Work-Family Debate: Why Men and Class Matter."
  • She was a commentator at the Convening Cultural Commons Workshop at New York University School of Law.
  • She was co-convener and moderator at the conference "Global Congress on Intellectual Property and the Public Interest" at American University Washington College of Law.
  • She participated in the Cultural Protocols Workshop at New York University School of Law in August.
  • She also participated in a roundtable on "Technology, Social Media and Liminal IP" at the Law and Society Association Annual Meeting.

Brooke Coleman, Assistant Professor

  • She was invited to submit a short essay to the University of Nevada Law Journal for an issue on the worst Supreme Court decisions of all time.
  • She presented her work-in-progress, "Turner v. Rogers:  How the Supreme Court Missed (Another) Opportunity to Show that Lawyers Really Matter," at the University of Oregon.
  • She organized a colloquium, the "25th Anniversary of the Summary Judgment Trilogy: Reflections on Summary Judgment," which was hosted by the School of Law.  The articles written in connection with the colloquium will be published by the Loyola University Chicago Law Journal and will include an essay by Professor Coleman, titled "Summary Judgment:  What We Think We Know Versus What We Ought To Know."

Richard Delgado, University Professor

  • His article, "The Wretched of the Earth," will be published in the Alabama Civil Rights & Civil Liberties Law Review.  The article introduces a symposium issue, "'Rotten Social Background' 25 Years Later: Should the Criminal Law Recognize a Defense of Severe Environmental Deprivation?"

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

  • They are pleased to share that four of their seminar students from 2010-11 had law review articles accepted during the spring or fall window on topics ranging from racial protest and a new theory of stereotypes to abolition of birthright citizenship, jury nullification for outgroups, and the role of authoritarianism and the authoritarian personality in racial discrimination.

Diane Dick, Assistant Professor

  • She presented her article, "Confronting the Certainty Imperative in Corporate Finance Jurisprudence," at the Law and Society Association annual meeting in San Francisco.  She also presented the article at the 2011 Midwest Corporate Law Scholars Conference at The Ohio State University Michael E. Moritz College of Law.  The Article is undergoing final edits for publication in the Utah Law Review.

Anne Enquist, Professor of Lawyering Skills and Associate Director of the Legal Writing Program

  • She was the featured lunch speaker at Columbia Legal Services on the topic "Gender-Neutral and Bias-Free Language."  In addition to presenting live at the Seattle office, her presentation was tied in by video conference with the five other Columbia Legal Services offices around Washington State.

Margaret Fisher, Distinguished Practitioner in Residence

  • She will be presented with the WSBA's 2011 Angelo Petruss Award for Lawyers in Public Service.  She is being recognized for her work in educating law school and high school students through the Street Law and Youth Court programs.  The award is given to a lawyer in government service who has made a significant contribution to the legal profession, the justice system, and the public.  She has taught Street Law for 30 years.

Charlotte Garden, Assistant Professor

  • She presented her work in progress, "Teaching For America:  Educators' Free Speech In and Out of the Classroom," at the Sixth Annual Labor and Employment Law Colloquium, which was co-hosted by UCLA School of Law, Loyola-Los Angeles Law School, and Southwestern School of Law.

Lily Kahng, Associate Professor, and Mary Louise Fellows, Visiting Professor

  • They presented their paper, "Costly Mistakes:  Undertaxing Business Owners and Overtaxing Workers," at the Minnesota Law School Faculty Workshop.

John Kirkwood, Associate Dean for Faculty Development and Associate Professor

  • His article, "A Prudent Approach to Climate Change," was published in the inaugural issue of the Seattle Journal of Environmental Law.

Raven Lidman, Clinical Professor

  • She was a keynote speaker for the 20th Anniversary of PROSODE, the law clinic of Pontificia Universad Catolica de Peru (PUCP).  She addressed the successes and challenges of that clinic in light of the Carnegie Report.  The conference papers will be published in the coming year in Spanish by PUCP. 
  • She was a panelist in a session regarding a Civil Right To Counsel at the joint AALS Mid-year and the AALS Clinical Law Section meeting.  The focus of the talk was on how we can ensure that the next generation of law students graduates with some exposure to the severe need in civil matters for low income people to have a right to counsel. 
  • She organized a stream on migration at the joint conference of Global Alliance for Justice Education and the International Journal for Clinical Legal Education.  She co-led a session on domestic human rights reporting, focusing on the report the International Human Rights Clinic at SU did on the Tacoma Detention Center.

Paula Lustbader, Professor and Director, Academic Resource Center

  • Her article "Painting Beyond the Numbers:  The Art of Providing Meaningful Access in Law School Admissions to Ensure Full Representation in the Profession" will appear in Capital Law Review, Volume 40, Issue I in early 2012. 
  • In October 2011, she launched the first "Civility Promise in Italy CLE," a program co-sponsored by Seattle University School of Law and Robert's Fund.  She also made numerous presentations on Civility and the Legal Profession. 

Tayyab Mahmud, Professor and Director, Center for Global Justice

  • His paper, "Neoliberal Financialization and the Working Classes," was presented at the ClassCrit IV conference at American University.  
  • He participated in a workshop presentation, "Globalization and the Rule of Law," at the Kennedy School at Harvard. 
  • He presented "Debt and Discipline: Neoliberalism, Precarious Labor Markets and the Working Classes" at LatCrit XVI in San Diego.

Natasha Martin, Associate Dean for Research and Faculty Development and Associate Professor

  • She presented "Diversity and the Virtual Workplace: Performance Identity, Corporate Culture & Shifting Boundaries of Workplace Engagement" at The Protected-Class Approach to Antidiscrimination Law:  Logic, Effects, Reform,  hosted by Lewis & Clark Law School. 
  • She was invited to be a part of the 16th Annual Business Law Fall Forum that examined the U.S. legal approach to preventing discrimination in the workplace and its broader cultural context.  The gathering included leaders in the field including Michael Zimmer who served as the keynote speaker.

John McKay, Professor from Practice

  • He delivered the luncheon keynote remarks at the 25th Anniversary of the Northwest Minority Job Fair.  He was introduced by fellow co-founder of the NWM Job Fair, U.S. District Court Judge Richard Jones, and delivered remarks on "Rising to the Justice Challenge" to law students, recent graduates and employers.

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

  • He presented testimony before the Senate Committee on Indian Affairs at a hearing on the American Indian Probate Reform Act, Empowering Indian Land Owners in Washington, D.C.  His oral testimony focused on AIPRA, the continuing need for estate planning services in Indian Country, and the program models offered by the Institute for Indian Estate Planning and Probate to deliver those services.
  • He gave a presentation at the U.S. Department of the Interior, Consultation on the Cobell Settlement, urging that some of the settlement funds be directed toward estate planning for Indian landowners and citing the accomplishments of projects developed and operated by the Institute for Indian Estate Planning and Probate that have significantly reduced fractionated ownerships of trust allotments.  The Consultation was held at the Tulalip Tribe's facilities.

Douglas Nash, Director of the Center for Indian Law and Policy, Erica Wolf, Managing Attorney for Indian Estate Planning Projects

  • They presented a training on estate planning and probate for the National Indian Justice Center in Las Vegas.  Attendees included attorneys, tribal employees, and Bureau of Indian Affairs employees from across the country.

Stephanie Nichols, Director of the Study Law in Alaska Program and Attorney for Native American Projects, and Erin Fullner, Associate Director for the Center for Professional Development

  • They worked collaboratively to bring Alaska Supreme Court Chief Justice Walter Carpeneti for the first time to campus to interview Seattle University students for post-graduate clerkships for all of Alaska's appellate court clerkships, including positions with the State's supreme court.

Mark Niles, Dean and Professor

  • He was a participant in a roundtable in Seattle with U.S. Attorney General Eric Holder and U.S. Attorney for Western Washington Jenny Durkan.  The event was called to discuss issues of digital security and the enforcement of intellectual property rights.  The U.S. Department of Justice's Intellectual Property Enforcement Task Force works across government and within industry to devise better ways to investigate, prosecute, and protect against intellectual property piracy and theft.

Catherine O'Neill, Professor

  • She co-authored two peer-reviewed publications.  The first, "Environmental Justice, American Indians and the Cultural Dilemma: Developing Environmental Management for Tribal Health and Well-being," by Darren Ranco, Catherine O'Neill, Jamie Donatuto, and Barbara Harper, is forthcoming in 4(4) Environmental Justice __ (2011)-a special issue devoted to environmental justice in Indian Country.  The second, "Conducting Research with Tribal Communities:  Sovereignty, Ethics and Data-Sharing Issues," by Anna Harding, Barbara Harper, Dave Stone, Catherine O'Neill, Patricia Berger, Stuart Harris, and Jamie Donatuto, was published in the September, 2011 issue of Environmental Health Perspectives.  
  • She was a co-author of a third publication, "Climate change and the Puget Sound: Building the legal framework for adaptation," by  Yee Huang, Robert L. Glicksman, Catherine O'Neill, William L. Andreen, Victor Flatt, William Funk, Robin Kundis Craig, Alice Kaswan and Robert R.M. Verchick.  This article will appear in 2(3) Climate Law ___ (2011).  
  • She authored a short article for the recent newsletter of the Native American Resources Committee of the ABA Section on Environment, Energy, and Resources, titled "Water Quality Standards and Tribes' Rights to Catch and Consume Fish."

Russell Powell, Associate Professor

  • He presented a paper, "Religion and Democracy in Turkish Legal Tradition," at an international conference on religion and politics at Sanata Dharma University in Jogjakarta, Indonesia.
  • He finished coursework for a Ph.D. in Near Eastern Studies at the University of Washington and is beginning work on his dissertation exploring Turkish secularism as a long-term research and book project.

Julie Shapiro, Professor

David Skover, Fredric C. Tausend Professor

  • He coauthored with Ronald Collins the article "The Digital Path of the Law," which will appear as the lead piece in the collection "Legal Education in the Digital Age" to be published by Cambridge University Press in early 2012.  The article is an outgrowth of a workshop that Skover and Collins organized, called "The Future of the Legal Course Book," which was held at Seattle University in 2008. 
  • Professor Skover also secured a publication contract with Cambridge University Press for a book forthcoming in late 2012, titled "On Dissent," which will also be coauthored with Collins.

Dean Spade, Assistant Professor

  • He has received a two-year fellowship with Columbia University's Center for Gender and Sexuality.  During the fellowship, which will run for the 2012-14 Academic Years, Professor Spade will be a scholar in the Center's "Engaging Tradition" project.  The project aims to explore how tradition has been invoked to thwart progressive ideas about gender and sexual identity.  Professor Spade will have the opportunity to develop a multi-faceted scholarly engagement with the idea of tradition, through white papers, conferences, scholarly publications, colloquia, reading groups, and small symposia.
  • Professor Spade's book "Normal Life: Administrative Violence, Critical Trans Politics and the Limits of Law" will be available on November 8.

Denis Stearns, Adjunct Professor

  • He presented at the 2011 Western Regional Legal Writing Conference at the University of San Francisco School of Law.  The presentation was titled "Bringing Practice to the Classroom: A New Kind of Apprenticeship," and it explored the use of mentorship and apprenticeship-type training in the teaching of a second-year persuasive writing class.
  • He was profiled in the October 2011 KCBA Bar Bulletin with regard to his participation in the 1993 E. coli outbreak in Washington State and elsewhere.  Read the article

Jean Stefancic, Research Professor

  • Her book "No Mercy:  How Conservative Think Tanks and Foundations Changed America's Social Agenda" was featured in the article, "Paid Testimony," by Chicano Studies scholar Rodolfo F. Acuna in the Tucson, Arizona "Citizen."  The article analyzes the controversy over teaching ethnic studies in Arizona public schools and the role of conservative funding in shaping the debate.

Faith Stevelman, Visiting Professor

  • Her piece, "Global Finance, Multinationals and Human Rights: with Commentary on Backer's Critique of the 2008 Report by John Ruggie," 9 Santa Clara J. Int'l Law, 101 (2011), was published. 
  • She completed a peer review of an article on corporate philanthropy for the University of Chicago Law Review.  
  • Her piece, "Globalization and Corporate Social Responsibility: Challenges for the Academy, Future Lawyers, and Corporate Law," 53 N.Y.L. Sch. L. Rev. 817, 833 (2008), was cited in "Anthony Page & Robert A. Katz, Is Social Enterprise the New Corporate Social Responsibility?," 34 Seattle U. L. Rev. 1351 (2011). 
  • She was deposed as the expert witness in a California close corporations case.  The defendant (who was a director, president and controlling shareholder of the company), and who had entirely prevented the company from paying dividends, unilaterally approved a $27 million charitable gift from corporate assets while informing no one in the company and accepting the ensuing public accolades as if the funds had been his own. In five hours of heated questioning, she enunciated and defended her view that on the facts, the gift constituted a breach of defendant's duty of loyalty (as a director), a breach of his duty of care (as an officer) and a breach of the entire fairness standard (as a controlling shareholder). The defendant unexpectedly offered to settle the case a week later.

Jane Stoever, Assistant Professor

  • She helped organize "Learning to Listen, Listening to Learn: Improving Domestic Violence Response-Third Annual Domestic Violence Symposium."  The symposium was hosted by the School of Law; featured Associate Dean and Professor Deborah Epstein (Georgetown Law), along with many other scholars and experts in the field; and was attended by over 400 people across disciplines.  As part of the symposium, Professor Stoever delivered the opening remarks and spoke on the panel, "Solving Legal and Structural Barriers Faced by Immigrant Abuse Survivors."
  • She presented her paper, "Pedagogical Breakthrough: Using the Stages of Change Model to Teach Lawyers to Represent Abuse Survivors," at the Clinical Law Review Writers' Workshop at New York University School of Law.

Barbara Swatt Engstrom, Reference Librarian

  • She received a President's Award from the Law Librarians of Puget Sound in recognition for her years of service to the local law librarian community.

George Van Cleve, Distinguished Scholar in Residence

  • His book, "A Slaveholders' Union:  Slavery, Politics, and the Constitution in the Early American Republic," will be published in paperback by the University of Chicago in November 2011.  The book jacket will describe his affiliations as Scholar in Residence in the Department of History at the University of Virginia and Distinguished Scholar in Residence at Seattle University School of Law.

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