March 2004

Dean Heidi M. Hurd
David C. Baum Professor of Law and Professor of Philosophy
Co-Director of the Program in Law and Philosophy
Telephone (217) 333-9857
hhurd@law.uiuc.edu

Dear Students, Faculty, Staff, Alumni, Campus Administrators, and Friends,

• The latest hobby that the faculty would like to share with you 
• The College's third terrific faculty hire of the year
• The creation of a Native American Law Students Association at the College
• The field-defining work by Professor Richard Kaplan and his students in Elder Law
• The new life that has been breathed back into the College's very novel undergraduate LawMAP Program
• The generous gifts recently given by students and alumni, and the general upswing in College development
• The events forthcoming in March and April

P.S.  Most people answer 80 percent, but the correct answer is about 41 percent -- that is, less likely to be true than not.  How come?  Suppose that in a controlled experiment in conditions like those prevailing at the time of the accident, the witness were to be shown 100 cabs whose proportion of Blue and Green cabs reflected that actually prevailing.  So, there are 85 Green cabs and 15 Blue cabs.  Of the 85 Green cabs we know that the witness will correctly identify 68 of those cabs as Green (0 .80 x 85 = 68) but incorrectly identify 17 as Blue when they are, in fact, Green (0.20 x 85 = 17).  Of the 15 Blue cabs we know that the witness will correctly identify 12 of them as Blue (.80 x 15 = 12) but will incorrectly identify 3 as Green when they are, in fact, Blue (.20 x 15 = 3).  All together, the witness will identify 17 + 12 = 29 of the 100 cabs as Blue.  Of those 29 cabs that the witness identifies as Blue, only 12 of them are actually Blue.  So, the probability that the cab involved in the accident was Blue (given that the eyewitness said it was Blue) is 12/29 = roughly 41 percent.  

Associate Dean's Addendum of Faculty Achievements
From the Desk of Associate Dean Charles J. Tabb

Presenters and other notables at the AALS annual meeting:

• Bruce Smith, "Regional and State Legal History in the Age of the New Federalism," Section on Legal History
• Cindy Williams, the Nike v. Kasky case, Section on Communications and the Media
• Heidi Hurd, "The Rationality of Rule-Following," Section on Jurisprudence
• Andy Leipold, "Unreviewable Discretion in the Criminal Law," Section on Criminal Law
• Larry Ribstein, speaker on panel for Section on Securities Regulation
• Richard McAdams was invited to chair the Criminal Law panel and to speak at a panel of the Open Program on Law and Communitarian Studies, focusing on "Norms, Mores & Law."
• Janis Johnston sat the head table at the Association luncheon and was introduced.

Presenters at the Midwest Law & Economics Association annual meeting:

• Larry Ribstein on "The Structure of the Fiduciary Relationship"
• Jay Kesan on "Private and Social Costs of Patent System"
• Tom Ginsburg on "Leximetrics: Why the Same Laws are Longer in Some Countries than Others"
• Tom Ulen, "The Unexpected Guest: What Law and Economics has Meant for Legal Scholarship"

Bruce Smith:

• His article, "The Presumption of Guilt and the English Law of Theft, 1750-1850," has been accepted for publication in Law and History Review, the journal for the American Society of Legal History.
• Presented a paper, "Summary Justice and the Myth of Private Prosecution in England," as part of a panel on "Summary Justice in Eighteenth and Nineteenth Century England" at the annual meeting of the North American Conference on British Studies in Portland, Oregon, and again at the University of Toronto Legal History Forum in Toronto, Ontario.
• Presented a paper, "Summary Proceedings, Lawyerization, and Bounded Discretion," as part of a panel on "Law, Crime and Labor in England, 1800-1850" at the annual meeting of the Midwest Conference on British Studies in Bloomington, Illinois.
• Invited to edit a volume on the legal history of Illinois for the series Law, Politics, and Society in the Midwest, a multi-volume series published by Ohio University Press.
• Contributed a book chapter, "Negotiating Law on the Frontier: Responses to Cross-Cultural Homicides in Illinois, 1810-25," to Daniel P. Barr, ed., The Boundaries Between Us: Natives, Newcomers, and the Struggle for the Old Northwest, 1740-1840 (Kent State University Press, forthcoming 2004).
• Presented a paper, "The 'Campden Wonder' and the Problem of the Missing Body" as part of a panel on "Problems of Proof: Evidence Law in England and America 1650-1900" at the annual meeting of the American Society for Legal History in Washington, D.C.
• Solicited by the Editorial Committee of the Annual Review of Law and Social Science to write a review essay on "Plea Bargaining and the Eclipse of the Jury" for the journal's inaugural edition to be published in December 2005.
• Solicited by the Review Section Editor of Law and Social Inquiry to write a review essay reviewing George Fisher's Plea Bargaining's Triumph: A History of Plea Bargaining in America (2003) and other scholarly analyses of the origins of plea bargaining.
• Selected to deliver a paper on "Wrongful Conviction and the Eighteenth Century Law of Evidence" at the annual meeting of the Pacific Coast Conference on British Studies, to be held at the Center for British Studies of the University of California, Berkeley, in March 2004.
• Invited to serve as a commentator at a conference on the History of Intellectual Property Law sponsored by the University of Wisconsin's Institute of Legal Studies, to be held in Madison, Wisconsin, in November 2004.

Linda Beale:

• Her paper entitled, "Putting SEC Heat on Audit Firms and Corporate Tax Shelters: Responding to Tax Risk with Sunshine, Shame and Strict Liability," was recently listed on SSRN's Top Ten download list for "Securities Law: U.S. (Topic) Recent Hits" AND on "Administrative Law Recent Hits."

Eric Freyfogle:

• The Aldo Leopold Foundation Publications Committee has accepted his proposal to serve as the Editor of the Leopold Conservation Papers Project, a book series and more, that would gather together, edit, and publish more comprehensively the many writings (including dozens of unpublished manuscripts and substantive letters) of conservation great Aldo Leopold.

Steve Ross:

• Published an article, Competition Law as a Constraint on Monopolistic Exploitation by Sports Leagues and Clubs, surveying the role of competition law in the US, Europe, and Canada regarding sports league trade restraints, in the Oxford Review of Economic Policy. To read, please go to http://oxrep.oupjournals.org/cgi/content/abstract/19/4/569?ijkey=05Ax9Npb2MYJE&keytype=ref.
• A recent First Circuit decision, GTE Wireless, Inc. v. Cellexis International, Inc., cited approvingly his Georgetown Law Journal article The Modern Parol Evidence Rule and Its Implications for New Textualist Statutory Interpretation.

Richard McAdams:

• Received news that he is getting a National Science Foundation grant for his ongoing experimental work with Janice Nadler on the expressive function of law. The project, titled "Expressive Law in Mixed Motive Games," is being funded jointly by the program on Law and Social Science and the program on Decision, Risk & Management Science.
• Delivered a paper, "A Third Model of Legal Compliance: Testing for Expressive Effects in a Hawk/Dove Game," (co-authored with Janice Nadler) at faculty workshops at the University of Connecticut, the University of Michigan’s Law and Economics Workshop, and the University of Virginia.

Larry Ribstein:

• Published the lead article, LLCs: Is the future here? A history and prognosis, in the November/December issue of Business Law Today, which is sent to all of the members of the Business Law Section of the ABA.
• Published an article, International Implications of Sarbanes-Oxley, in the current issue of Journal of Corporate Law Studies.

Peter Maggs:

• His revised translation (with Alexei Zhiltsov) of the Russian Civil Code was just published in Moscow.
• Has become a member of the board of directors of the Open Voting Consortium, a non-profit organization dedicated to the provision of open-source software for computer-based voting.
• Will present a paper at a joint symposium with Chicago-Kent on March 5

Michael Murray:

• Signed two contracts with Thomson West to produce two books, Jurisdiction, Venue and Limitation, and Civil Rules Practice. These books will be published in 2005.
• Accepted an offer to publish his article, Stolen Art and Sovereign Immunity: The Case of Altmann v. Austria, in the Columbia Journal of Law and the Arts, Spring 2004.

Jay Kesan:

• Testified at the FTC hearings on "Competition and Patent Policy."
• Is the "Invited Overseas Research Fellow" at the Institute of Intellectual Property (IIP) in Tokyo, Japan for 2003-2004.

Richard Kaplan:

• Was the principal presenter at the Annual Illinois Tax Conference in Chicago in December, speaking on "Significant Developments in Individual Income Taxation." In addition to recent cases and rulings, his lecture discussed the 2003 tax legislation as well as the new Health Savings Accounts created by the Medicare prescription drug legislation enacted on December 8, 2003.
• Presented workshops at the Indiana Tax Institute in Indianapolis on "Social Security Benefit Options" and "Funding a College Education."

Francis Boyle:

• Publications include Oh Little Town of Bethlehem!, Counterpunch.org, Dec. 24, 2003; The Deep Scars of War, Counterpunch.org, Jan. 11, 2004; Impeaching President George W. Bush, Counterpunch.org, July 26, 2003; and Neo-Cons, Fundies and Feddies, Counterpunch.org, August 2, 2003.
• Canada, Democracy and International Law chose him as Activist of the Month, October 2003.

Tina Gunsalus:

• Presented a full-day workshop on negotiation theory and skills for the Applied Research Ethics National Association and then, the following day, a plenary presentation at the annual PRIMR meeting (Public Responsibility in Medicine and Research) on human subjects outside the biomedical arena.

Bob Rich:

• Is co-editor of a new book (with Klaus-Dirk Henke and Hilmar Stolte) entitled Integrierte Versorgung und neue Verguetungsformen in Deutschland: Lessons Learned from Comparisons of other Health Care Systems (Nomos Publishers). Professor Rich not only is one of the editors, he also is the author of the Forward to the book and a chapter entitled: "Health Care Payment and Management Systems: Lessons Learned from 1990."
• Was awarded a scholarship by the Max Planck Institute for Foreign and International Social Law in Munich. This is an invitation to be in residence for the months of June and July 2004 to work on a project entitled: "The Social Contract: and Health Law and Policy."
• Received the Mecator Professor Award from the German National Science Foundation. This award is given to five academics internationally. It provides the recipient with a Visiting Endowed Professorship at a German University and represents a recognition of the recipient's overall scholarly record. Professor Rich was in residence at the Humboldt University in Berlin in January of 2003 and from May 1, 2003 until August 10, 2003.

Charles Tabb:

• Contributed an article, The Enron Bankruptcy, in the book, Enron: Corporate Fiascos and Their Implications, recently published by Foundation Press.
• Was cited in an article on bankruptcy, exemptions, and IRA accounts in the Chicago Sun-Times on February 5.

Cindy Williams:

• Her casebook, Business Organizations: Cases, Problems, and Case Studies (Aspen) is being published on March 6.
• Was invited by the General Accounting Office (GAO) to be one of the "experts" to advise on a study of the environmental information that companies are required to include in their public reports under SEC regulations, and whether that amount of information is sufficient.
• Participated in a meeting on January 5 with SEC Commissioner Harvey Goldschmidt to discuss expanded social and environmental disclosure.

Richard Painter:

• Testified in hearings on February 4 before the House Financial Services Capital Markets Subcommittee on the role of attorneys in corporate governance.
• Is the chair-elect of the Association of American Law Schools, Section on Professional Responsibility.
• Has published or soon will publish the following:
  • Jurisdictional Competition, Convergence and Rules Governing Lawyers and Auditors in the U.S. and E.U., Journal of Corporation Law (forthcoming in May) (symposium issue)
  • Standing Up to Wall Street, 101 Michigan Law Review 1512 (book review) (2003) (reviewing Arthur Levitt, Take on the Street (2002))
  • The Economics of Germany's Shop Closing Hours Regulation (with Professor Dr. Christian Kirchner, Humboldt University, Berlin) European Journal of Law and Economics (forthcoming)
  • The Dubious History and Psychology of Clubs as Self Regulatory Organizations, American Academy of Arts and Sciences Occasional Paper Series, Symposium on Corporate Governance (2004)
  • Securities Litigation and Enforcement: Cases and Materials (co-authored with Professors Donna Nagy and Margaret Sachs) (West Publishing) (2003) and Teacher's Manual (2003).
• A participant in the following academic conferences and giving lectures:
  • Rhodes College, Memphis, TN, 2004 Rhodes Institute on the Profession of Law, Symposium on Corporate Law after Enron, February 6, 2004 (invited speaker)
  • Waseda University and Omiya Law School symposium on the role of lawyers in business transactions, March 18, 2004, Tokyo, Japan (invited paper presenter)

Tom Ginsburg:

• Participated in a panel discussion on the USA Patriot Act hosted by the NAACP on February 19.
• Will present a paper at a joint symposium with Chicago-Kent on March 5 on International Substitutes for Domestic Institutions.

Jim Pfander:

• Will be delivering a lecture in London at the March meeting of the British Institute of International and Comparative Law. The conference is on "Liability for Breach of Community Law" and Professor Pfander is speaking on "Liability of Member States of the U.S."
• Will present a paper at a joint symposium with Chicago-Kent on March 5 on Kobler v. Austria: Europe's Evolving Conception of Member State Liability.

John Colombo:

• Will publish his article Achieving Convergence in the Exemption Treatment of Stock and Partnership Investments in the March or April edition of the Exempt Organization Tax Review.

Heidi Hurd:

• Presented talks on "Letting People Die: The American Refusal to Legislate Good Samaritanism," at Seoul National University and Korea University (Seoul, Korea) (December).
• Presented a talk on "The Rationality of Rule Following," at the AALS Section on Jurisprudence (Atlanta, Georgia) (January).
• Presented Punishing Hatred and Prejudice at Stanford Law School's Symposium on "Punishment and Its Purposes" (February) (article forthcoming in Stanford Law Review 101-67 (2004)).
• Participated in Liberty Fund Conference on "Liberty and Responsibility in the Literatures of Frontiers" (Tucson, Arizona) (February).
• Will participate in Liberty Fund Conference on "Liberty and Order: The First Party Struggle" (Lexington, Kentucky) (April).

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