Archive for June, 2013

Fulbright Visiting Chair in Private and Comparative Law: 2014-15

June 28, 2013 Leave a comment

The Faculty of Law at McGill University, in conjunction with the Paul-André Crépeau Centre for Private and Comparative Law, is delighted to announce that applications are being received for a Fulbright Visiting Chair in Private and Comparative Law for 2014-15. This is an opportunity for an established US scholar to spend one semester at McGill during that academic year. It carries a stipend of $25,000 and so provides a generous opportunity for someone who is benefiting from sabbatical or other paid leave. The deadline to apply is 1 August 2013.  Questions may be addressed to Professor Lionel Smith, Director of the Pau-André Crépeau Centre, at

A description of the Chair is at:

A description of the Fulbright Visiting Research Chairs program, including a video covering eligibility and how to apply, is at:

Call For Papers – CELS 2013 – Eighth Annual Conference on Empirical Legal Studies

June 26, 2013 Leave a comment

Friday Oct. 25 & Saturday Oct. 26, 2013, University of Pennsylvania Law School

Paper Submission Deadline: Friday, July 12, 2013, midnight (EST).

The Eighth Annual Conference on Empirical Legal Studies (CELS 2013), sponsored by the Society for Empirical Legal Studies (SELS) will be held at The University of Pennsylvania Law School, in Philadelphia, PA, on Friday, October 25 and Saturday, October 26, 2013. The conference features original empirical legal scholarship by leading scholars from a diverse range of fields.

PAPER SUBMISSION PROCEDURE: To submit a paper for consideration, please go to the CELS 2013 Conference Maker page at: There is no charge for submissions. All submissions will be peer-reviewed.

FURTHER INFORMATION: For more information about CELS 2013, please visit:

For information about the Society for Empirical Legal Studies please visit:

CELS 2013 Co-Presidents:
David S. Abrams
Theodore W. Ruger
Tess Wilkinson-Ryan

Prof. Brant Hellwig’s Scholarship on Notable Tax Article List for 2012

June 26, 2013 Leave a comment
Prof. Brant Hellwig

Prof. Brant Hellwig

Washington and Lee law professor Brant Hellwig has had one of his articles selected for inclusion on a list of Notable Corporate Tax Articles of 2012. The list was compiled by Karen C. Burke of the University of Florida Levin College of Law and Jordan M. Barry of the University of San Diego School of Law for the purpose of drawing attention to the year’s most thoughtful and insightful articles on corporate tax.

Prof. Hellwig’s article, coauthored with Gregg Polsky (North Carolina), is titled “Examining the Tax Advantage of Founders’ Stock” and was published in in the University of Iowa Law Review. From the abstract:

Recent commentary has described founders’ stock as tax-advantaged because it converts founders’ compensation income into capital gains. In this paper we describe various founders’ stock strategies that offer this character conversion and then analyze whether they are, on the whole, tax advantageous. While the founders’ stock strategies favorably convert the character of the founders’ income, they simultaneously turn the company’s compensation deductions into non-deductions. Whether founders’ stock is tax-advantaged overall depends on whether the benefit of the founders’ character conversion outweighs the cost of the company’s lost deductions. We use various hypothetical to illustrate this tradeoff. We conclude that founders’ stock is likely to be significantly tax-advantaged only in those cases where the start up company shows great promise early on but ultimately never develops into a profitable enterprise.

Even in that subset of cases where founders’ stock turns out to be tax-advantaged, the advantage exists only because of the tax law’s overly harsh treatment of net operating losses. Therefore, whatever tax advantage that exists for founders’ stock is best viewed as a partial move towards the optimal treatment of tax losses, not as a stand-alone tax benefit that needs to be eliminated.

The article is available for download from SSRN.

W&L Law Professor Russell Miller Named KoRSE Fellow at the University of Freiburg

June 24, 2013 Leave a comment
Prof. Miller

Prof. Miller

If, as they say, timing is everything, then W&L Law Professor Russell Miller has hit upon something very special with his recent receipt of a KoRSE Fellowship at the University of Freiburg in Germany.  With the media still buzzing over the news of Edmund Snowden’s evasion of an American warrant after he leaked confidential documents that chronicle the American government’s extensive PRISM surveillance program and other secret surveillance activities, Miller has been invited to serve as a Fellow in the University of Freiburg’s “Network for the Law of Civil Security in Europe.”  The fellowship will allow him to research and collaborate with leading scholars on the issues of security and liberty who are based at the University of Freiburg’s Center for Civil Security as well as the program’s partners at Bucerius Law School (Hamburg), the Max Planck Institute for Foreign and International Criminal Law (Freiburg), and the German Federal Police Academy.

Miller will be in residence in Freiburg on several occasions in the 2013/2014 academic year, beginning with a three-week stay in July, 2013.  “I’m thrilled about the opportunity to work closely with dynamic scholars on these issues at one of Germany’s most impressive law faculties,” Miller said.  He noted that the University of Frieburg is the academic home of two of the German Constitutional Court’s justices, including the Court’s President, Prof. Andreas Vosskuhle.  “The KoRSE program is especially exciting,” Miller explained,  “because it deliberately seeks to embed discussions of this inherently transnational issue in a global research context.”

During his time in Freiburg Professor Miller will pursue several projects.  First, he will deliver a lecture on July 10, drawing on his 2008 book U.S. National Security, Intelligence and Democracy (Routledge Press).  The book reflected on the 1970s Senate Select Committee that undertook an extensive investigation of U.S. national security activities.  Known as the “Church Committee” (for its Chair, Idaho Senator Frank Church), the Senate Select Committee’s reports remain one of the most detailed accountings of the American intelligence community and the reports served as the basis for reforms that now make-up the legal and oversight framework for American intelligence programs.  This, of course, is the very framework implicated by Snowden’s leaks and the PRISIM program.  Miller’s lecture will detail, for a foreign audience unfamiliar with this important piece of American history, the background of the Church Committee while raising the broader questions of how a society best achieves the twin goals of providing security while ensuring liberty.  Second, Prof. Miller will begin planning-in close collaboration with other researchers in Freiburg-for the fall 2013 “German Law in Context Program,” which will involve a number W&L law and undergraduate students in an intensive, interdisciplinary survey of Germany’s efforts to balance security and liberty in its unique struggle with extremism and threats to democracy.  The German Law in Context Program is an annual seminar that enjoys the support of the German Law Journal, which Prof. Miller and a number of students edit at W&L.  It is also one of the law school’s most visible collaborations with W&L’s undergraduate college, as faculty from the German/Russian Department, the History Department, and the Williams School’s Political Science Faculty contribute their expertise to events and programming in significant ways.  Third, Prof. Miller will use his time in Freiburg to lay a research foundation for and to facilitate his in-person observations of the German Federal Constitutional Court’s imminent review of applications to ban a political party (the right-wing NPD).  This is a once-in-a-generation procedure that implicates German history, society and politics in remarkable ways.  In this effort, Prof. Miller will be building on the work that led to the recent publication of his book The Constitutional Jurisprudence of the Federal Republic of Germany (Duke Press).

Call for Papers: American Society of Comparative Law–Younger Comparativists Committee

June 21, 2013 Leave a comment

The Younger Comparativists Committee of the American Society of Comparative Law invites submissions to fill a panel on “New Voices in Comparative Law,” to be held at the Society’s 2013 Annual Meeting in Little Rock, Arkansas, on October 10-12 at the University of Arkansas at Little Rock, William H. Bowen School of Law. The purpose of the panel is to highlight the scholarship of new and younger comparativists.

Submissions will be accepted on any subject of public or private comparative law from scholars who have been engaged as law teachers for ten years or fewer as of July 1, 2013.

The Scholarship Advisory Group of the Younger Comparativists Committee will review submissions with the authors’ identities concealed. A maximum of two submissions will be chosen for the panel. Submissions will not be accepted from scholars whose work has been featured in a prior younger scholars’ panel at the Society’s Annual Meeting.

The scholars whose entries are selected for the panel will be required to submit a final paper no longer than 30,000 words by August 22, 2013.

To submit an entry, scholars should email an abstract of no more than 1000 words (including footnotes) no later than 12:00pm EST on June 24, 2013, to Judy Yi at the following address: Abstracts should reflect original research that will not yet have been published by the time of the Society’s Annual Meeting. The abstract should be accompanied by a separate cover sheet indicating the author’s name, title of the paper, institutional affiliation, and contact information. The abstract itself must not contain any references that identify the author or the author’s institutional affiliation.

The Younger Comparativists Committee is pleased to announce that LexisNexis will award a Book Prize to the author of the paper judged most meritorious by the Scholarship Advisory Group.

Please direct all inquiries to Richard Albert, Chair of the Younger Comparativists Committee, by email at or telephone at 617.552.3930.

Younger Comparativists Committee:

Donald Childress (Pepperdine)

Wulf Kaal (St. Thomas–Minneapolis)

Salil Mehra (Temple)

Sudha Setty (Western New England)

Richard Albert (Boston College) (chair)

Call For Papers: 6th Annual Junior Scholars in IP Workshop (JSIP)

June 21, 2013 Leave a comment

The JSIP Workshop offers a unique opportunity for junior scholars writing in the areas of intellectual property, communications, and cyberlaw to receive detailed commentary on their work from established scholars in a focused workshop setting. Articles will  be chosen through a blind-review selection process. Participants must commit to attend the entire Workshop.

WHEN: Friday and Saturday, October 4-5, 2013, Michigan State University College of Law

QUALIFICATIONS: Eligible junior scholars have seven or fewer years of full-time teaching experience.

PAPER SUBMISSION PROCEDURE: Submit papers online at

Deadline: July 31, 2013

COMMENTATORS: Commentators at this year’s JSIP Workshop will include:
Dan L. Burk, U.C. Irvine
Jeanne Fromer, NYU
James Gibson, Richmond
Wendy Gordon, Boston University
Laura Heymann, William & Mary
Glynn Lunney, Tulane
Mark McKenna, Notre Dame
Pamela Samuelson, U.C. Berkeley
Greg Vetter, Houston
Peter Yu, Drake

Adam Candeub, Professor of Law & IPIC Program Director
Sean A. Pager, Associate Professor of Law & IPIC Program Associate Director
James Chen, Justin Smith Morill Professor of Law
Jennifer Carter-Johnson, Assistant Professor of Law
Daniel Martin Katz, Assistant Professor of Law

FURTHER INFORMATION: For further information available at:

U.S. Fulbright Scholar Opportunities in Law in Ghana

June 21, 2013 Leave a comment
We hope this message finds you well. The U.S. Fulbright Scholar Program competition is currently open and seeking applicants for a specialized award in Law (Award 4033) at one of three institutions in Ghana:
Faculty of Law, Kwame Nkrumah University of Science and Technology, Kumasi
Faculty of Law, University of Ghana, Legon
Faculty of Law, Mountcrest University College, Accra
Please e-mail for more information or to discuss your application.
The 2014-15 Catalog of Awards is online at There are new initiatives, including flex awards, postdoc opportunities, and a worldwide TEFL award. In addition, the lifetime limit on Fulbright grants has been lifted. We also have information online about the program in general, tips for applying, project statement guidelines, and much more on the US Scholar page.

The following resources may also be helpful:
– Our webinar schedule is online at, including an archived webinar on Fulbright Opportunities in Sub-Saharan Africa.

- Fulbright Scholar List, Our alumni directory illustrates the diversity of applicants, disciplines, and project topics.

Please share this message with your colleagues. We are happy to answer any questions you or they may have. The deadline for receipt of complete applications is August 1, 2013.

Kari Miller, Ph.D.
Assistant Director, Sub-Saharan Africa
Fulbright Scholar Program
Council for International Exchange of Scholars (CIES)
Institute of International Education (IIE)
1400 K Street, NW, Suite 700
Washington, DC 20005
Phone +1.202.686.6238| Fax +1.202.686.4029 |

Prof. Susan Franck’s Essay Breaks into Political Science and Quantitative Methods Top 10

June 19, 2013 Leave a comment
Prof. Susan Franck

Prof. Susan Franck

W&L Law Professor Susan Franck‘s essay Empiricism And International Law: Insights For Investment Treaty Dispute Resolution was recently listed on SSRN’s Top Ten download list for: Political Methods: Qualitative & Multiple Methods eJournal.  Here is the abstract:

While scholars in the United States increasingly focus on the empirical dimension of legal scholarship, there have been challenges in using empiricism to explore international legal issues. Rather than relying on logic or instinct alone, empirical methodologies can provide scholars with tools to gain new facts, see existing ideas through a different lens, and engage in a more nuanced analysis of international law phenomena. There appears to be a natural synergy between empiricism and international investment treaty dispute resolution. With calls for trade time outs by U.S. presidential candidates, there is interest in how investment treaties function, whether they achieve their goals, and at what cost. Given the implications for public policy, international relations, and allocation of domestic financial resources, empirical assessment of international investment law is not misplaced. This Essay considers the efficacy of using empirical methodologies to gain insights about the resolution of investment treaty disputes and international investment law. Part I considers the historical tensions between international law and empiricism and moves towards reintegration. Part II explores what form empiricism might take and argues for a broad understanding of empiricism. Part III analyzes how to develop an empirical approach in light of the costs and benefits and proposes five steps to facilitate the creation of an empirical research agenda for international investment treaty dispute resolution. While recognizing that empiricism is not a panacea, the Essay suggests that the benefits of making empiricism part of the methodological landscape of investment treaty dispute resolution scholarship are worth the costs. Empiricism offers a chance to obtain accurate information about investment disputes, correct misperceptions about existing dispute resolution processes, permits considered analysis of legal issues affecting the public, and facilitates informed decisions about the negotiation and revision of investment treaties.

You may download the article at:  To view a discussion of the essay by Prof. Franck and Prof. David Zaring on Opinion Juris, visit

AALS Criminal Justice Section Junior Scholars Paper Competition

June 12, 2013 Leave a comment

Once again, the AALS Criminal Justice Section will hold a Junior Scholars Paper Competition. Honorees will be recognized at the AALS Annual Meeting in New York City in January 2014.

This year the format of our Junior Scholars Paper Competition is changed in a way that we hope will enable more emerging scholars to submit their work.

In previous years, submissions were restricted to papers for which no offer of publication had yet been accepted. This year, to enable more people who have submitted their summer projects for publication to compete in our Junior Scholars competition, papers are eligible if they have not yet been published or posted to the internet on September 1,  2013.  However, the paper can be accepted for publication as of that date. So please plan to submit your summer projects, but hold off on posting them to the internet, in order to preserve anonymity.

The other eligibility requirements for the competition remain unchanged. The deadline remains September 1st. The competition is limited to those who have been teaching for six years or fewer as of July 1, 2013. Papers submitted by previous competition winners are not eligible.

To facilitate anonymous review, please submit papers in electronic form, with all identifying information removed (except for a cover sheet with your name, the year you began law teaching, and a confirmation that the paper has not yet been published or posted to the internet as of September l, 2013) to CJS Secretary Giovanna Shay at Please note “CJS Junior Scholars Paper Competition” in the subject line.  Papers will be selected after review by members of the CJS Executive Committee.

Professor Jost Publishes Health Law Book

June 12, 2013 Leave a comment
Prof. Tim Jost

Prof. Tim Jost

W&L Law Professor Timothy Jost has published the Seventh Edition of Health Law: Cases, Materials, and Problems with the West Publishing Company.  The Health Law casebook has been widely used throughout the United States for teaching health law since the first edition was published in 1987, and is credited as having defined the modern health law discipline.  The book, which is over 1800 pages long, is also being published in an abridged (900 page) edition and as three separate “spin-off” books covering bioethics, health care organization and financing, and liability and quality.  All books will be available this summer for classes in the fall.  Professor Jost wrote chapters dealing with health care cost and access issues, private health insurance regulation, the Affordable Care Act, ERISA, Medicare, Medicaid, and the Children’s Health Insurance Program.  These chapters have been extensively rewritten since the sixth edition because of changes made by the Affordable Care Act.


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