◆FROM THE FACULTYJennifer Arlen’s article, “The Effect<strong>of</strong> Federal Sentencing Guidelines onPenalties for Public Corporations,”co-authored with Cindy Alexanderand Mark Cohen, has been publishedin 12 Federal Sentencing Reporter 20(1999).In September, Pr<strong>of</strong>essor Arlen presented“An Experimental Study <strong>of</strong>Endowment Effects and AltruismWithin Organizations,” co-authoredwith Pr<strong>of</strong>essors Matt Spitzer and EricTalley, at a conference on CorporateGovernance at UCLA. She has beennamed to the editorial board <strong>of</strong> theInternational Review <strong>of</strong> <strong>Law</strong> andEconomics and to the committee toreview scholarly papers <strong>of</strong> the Association<strong>of</strong> American <strong>Law</strong> <strong>School</strong>s (forthe 2000 competition).Alexander M. Capron’s chapter on“Pr<strong>of</strong>essionalism and Pr<strong>of</strong>essionalEthics” appears in the new book,The American Medical EthicsRevolution, R. Baker, A. Caplan,L. Emanuel & S. Latham, eds. (1999),Johns Hopkins <strong>University</strong> Press. Hischapter on "Genetic Information andInsurability: Issues for Health Pr<strong>of</strong>essionals,"was published in The Implications<strong>of</strong> Genetics for Health Pr<strong>of</strong>essionalEducation, M. Hager, ed.,(1999), Josiah Macy Jr. Foundation.Pr<strong>of</strong>essor Capron’s article, “WhatContributions Have Social Scienceand the <strong>Law</strong> Made to the Development<strong>of</strong> Policy on Bioethics?” waspublished in 4 Daedalus 128 (1999).In October, Pr<strong>of</strong>essor Capronspoke on “Medicine and Ethics” tothe 1999 California Chapter ScientificMeeting <strong>of</strong> the American College<strong>of</strong> Physicians, in San Diego. InDecember, he gave a plenary and aworkshop presentation at the 25thAnniversary meeting <strong>of</strong> PublicResponsibility in Medicine &Research (PRIM&R ) in Boston, andspoke on U.S. policy on researchwith human embryonic stem cells tothe Journees Annuelles <strong>of</strong> the Frenchgovernment's National ConsultativeCommittee on Bioethics.Erwin Chemerinsky’s article, “APermission To Litigate: SovereignImmunity Lets States Decide WhoCan Sue Them,” appeared in theAugust 1999 American Bar AssociationJournal. The third edition <strong>of</strong> hisFederal Jurisdiction treatise was publishedin 1999 by Aspen <strong>Law</strong> & Business.Other publications for Pr<strong>of</strong>essorChemerinsky include, “Preservingan Independent Judiciary: TheNeed for Contribution and ExpenditureLimits in Judicial Elections,” in74 Chicago-Kent <strong>Law</strong> Review 133(1999); “Protect the Press: A FirstAmendment Standard for SafeguardingAggressive Newsgathering,” in33 <strong>University</strong> <strong>of</strong> Richmond <strong>Law</strong>Review 1143 (1999); and “Balancingthe Rights <strong>of</strong> Privacy and the Press:A Reply to Pr<strong>of</strong>essor Smolla,” in 56George Washington <strong>Law</strong> Review1152 (1999).During the summer, Pr<strong>of</strong>essorChemerinsky spoke on recentSupreme Court decisions at the VirginiaJudicial Conference, the MichiganJudicial Conference, and theTenth Circuit Judicial Conference inColorado Springs. He discussed stateconstitutional law at the NationalJudicial College in Reno, Nevada,and equal protection under federaland state constitutions at the ABAAppellate Judges Conference inSanta Fe, New Mexico, in August. InSeptember, Pr<strong>of</strong>essor Chemerinskypresented recent developments inconstitutional law at a conferencefor staff attorneys for CaliforniaCourts <strong>of</strong> Appeal in San Diego; aworkshop <strong>of</strong> federal district courtjudges in Chicago; the WyomingJudicial Conference in Sheridan,Wyoming, and at state judicial conferencesin Indianapolis, Indiana,Palm Beach, Florida, and Salem, Oregon.Additionally that month, Pr<strong>of</strong>essorChemerinsky discussed “TheComing Term <strong>of</strong> the SupremeCourt” at a Supreme Court PreviewConference, which took place atWilliam & Mary <strong>Law</strong> <strong>School</strong> inWilliamsburg, Virginia.In October, Pr<strong>of</strong>essor Chemerinskyspoke on the role <strong>of</strong> the intermediatecourt <strong>of</strong> appeals in constitutionalinterpretation at a program forfederal court <strong>of</strong> appeals judges atNotre Dame <strong>Law</strong> <strong>School</strong>; on students'First Amendment rights at aconference at Drake <strong>Law</strong> <strong>School</strong> inDes Moines, Iowa; on judicial independenceat a program sponsored bythe American Judicature Society inHonolulu, Hawaii; and on recentdevelopments in civil rights law at aconference in New York City, whichwas sponsored by the Practicing <strong>Law</strong>Institute. He also participated in adebate on charitable choice and theFirst Amendment at the <strong>University</strong><strong>of</strong> Pennsylvania <strong>Law</strong> <strong>School</strong>.November appearances includedpresentations at the annual meeting<strong>of</strong> the Kansas Judiciary in KansasCity, Kansas; the Council <strong>of</strong> ChiefJudges, in Santa Fe, New Mexico; aconference <strong>of</strong> federal magistratejudges in New Orleans; and at a symposiumat New York <strong>University</strong> <strong>Law</strong><strong>School</strong> on privacy and the press. Pr<strong>of</strong>essorChemerinsky has been namedby California Governor Gray Davisto serve on a Task Force on Diversityin State Government.David B. Cruz’s article, “ControllingDesires: Sexual Orientation Conversionand the Limits <strong>of</strong> Knowledgeand <strong>Law</strong>,” was published in the July1999 issue <strong>of</strong> the Southern California<strong>Law</strong> Review. In October, Pr<strong>of</strong>essorCruz gave a presentation on“Thomas v. Anchorage Equal RightsCommission, Religious Exemptions,and Civil Rights <strong>Law</strong>s” at theNational Lesbian and Gay <strong>Law</strong> Association'sconference, Lavender <strong>Law</strong>1999, which took place in Seattle.Mary L. Dudziak conducted oneweek <strong>of</strong> archival research in NewYork at the UPI/Corbis-Bettmanphoto archive and at the SchomburgLibrary in Harlem in July. The followingmonth, Pr<strong>of</strong>essor Dudziakdelivered her paper, “The Constitutionas Cold War Propaganda,” at theannual meeting <strong>of</strong> the PacificCoast Branch <strong>of</strong> the American HistoricalAssociation in Maui. Shesubsequently presented the paper ata faculty workshop at Loyola <strong>Law</strong><strong>School</strong> and at the Legal HistoryWorkshop at the Huntington Libraryin November.In October, Pr<strong>of</strong>essor Dudziakspoke on a panel on “The WarrenCourt and the CountermajoritarianDifficulty” at the annual meeting <strong>of</strong>the American Society for Legal Historyin Toronto.Pr<strong>of</strong>essor Dudziak has beenappointed to the program committeefor the annual meeting <strong>of</strong> the Societyfor Historians <strong>of</strong> American ForeignRelations, which will be held inJune 2000.Susan Estrich’s syndicated opinionarticles, such as “What it Takes forWomen to Reach Top in CorporateAmerica” and “After All It’s OnlyTalk,” appeared nationally in newspapersincluding, The Denver Postand The Dallas Morning News. Inaddition, she continued her monthlycolumn for American <strong>Law</strong>yer Mediaentitled, “Portia,” and her work as aAlexander Capron Mary Dudziak Susan Estrich Carrie Hempel William Hoyecontributor to Fox News.She spoke on media coverage <strong>of</strong>politics at the Alta Conference onArgumentation in July. Pr<strong>of</strong>essorEstrich was the keynote speaker atthe 70th Anniversary Gala <strong>of</strong> theLegal Aid Foundation <strong>of</strong> Los Angeles(LAFLA) in Beverly Hills.Ariela J. Gross chaired and participatedon a panel entitled, “LegalContestation, Political Order, andRepublican Rhetoric From the RevolutionThrough Reconstruction inthe United States,” at the annualmeeting <strong>of</strong> the American Society forLegal History. The October meetingtook place in Toronto, Canada.Carrie Hempel took part in a panelon the subject <strong>of</strong> sexual harassmentin women's prisons in California.Sponsored by Amnesty International,the panel was convened inVentura, California.William J. Hoye was appointed chair<strong>of</strong> the Subcommittee on Pr<strong>of</strong>essionalIssues <strong>of</strong> the <strong>Law</strong> <strong>School</strong> AdmissionCouncil. The subcommittee is interestedin the pr<strong>of</strong>essional growth <strong>of</strong>law school admissions deans anddirectors, and the development <strong>of</strong>pr<strong>of</strong>essional standards in the admissionsdecision-making process.28 <strong>USC</strong> LAW • SPRING 2000<strong>USC</strong> LAW • SPRING 200029
<strong>Dean</strong> Hoye presented a workshop forminority law school applicants atthe New York City <strong>Law</strong> <strong>School</strong>Forum in September, and a financialaid workshop at the Houston <strong>Law</strong><strong>School</strong> Forum in October.Daniel M. Klerman’s article, “Non-Promotion and Judicial Independence,”was published in 72 SouthernCalifornia <strong>Law</strong> Review 455(1999), and his book review, “Review<strong>of</strong> The Criminal Trial in LaterMedieval England, by J.G. Bellamy,”appeared in 31 Albion 273 (1999).The Social Science Research Networkhas selected Pr<strong>of</strong>essor Klerman’sarticle, “Settlement and theDecline <strong>of</strong> Private Prosecution inThirteenth-Century England,” forinclusion in its Top Ten DownloadList for <strong>Law</strong> and Humanities/LegalHistory. He also presented the articlein July at the Western EconomicAssociation International annualconference in San Diego, California.Later that month, he delivered hispaper, “Judges, Jurors, and FemaleAppellants: Private Prosecution byThirteenth-Century Women,” at theFourteenth British Legal HistoryConference in Edinburgh, Scotland.In October, Pr<strong>of</strong>essor Klermangave an Olin Workshop at theGeorgetown <strong>Law</strong> Center entitled,George Lefcoe“The Selection Of Thirteenth-CenturyCriminal Disputes For Litigation.”In addition, he presented thepaper at Harvard <strong>Law</strong> <strong>School</strong> as part<strong>of</strong> a conference on The Economics <strong>of</strong>Courts in November.Michael S. Knoll’s article, “FinancialInnovation, Tax Arbitrage, and RetrospectiveTaxation: the ProblemWith Passive Government Lending,”has been published in 52 Tax <strong>Law</strong>Review 199.Karen A. Lash spent five weeks thisfall in the former Soviet republic <strong>of</strong>Moldova, where she helped to establishtwo law clinics to addresswomen's and children's legal issues.Her stay was sponsored by the Centraland Eastern European <strong>Law</strong> Initiative(CEELI), a public service project<strong>of</strong> the American Bar Association.<strong>Dean</strong> Lash has been named vicechair<strong>of</strong> the California Access to JusticeCommission, which seeks waysto increase the delivery <strong>of</strong> legal servicesto poor and moderate incomeCalifornians. The commission iscomposed <strong>of</strong> judges, lawyers, politicalappointees and representativesfrom California’s religious, labor andeducation communities.In further appointments, <strong>Dean</strong>Lash has joined the executive committee<strong>of</strong> the Association <strong>of</strong> American<strong>Law</strong> <strong>School</strong>s’ new section on ProBono and Public Service Opportunities,in addition to being named byAssembly Speaker Antonio R. Villaraigosato an Urban Policy AdvisoryGroup, which advises thespeaker on issues <strong>of</strong> importance toSouthern California. <strong>Dean</strong> Lash andfour colleagues were honored at theLegal Aid Association <strong>of</strong> California’sannual dinner for their role in securing$10 million for legal services inCalifornia.George Lefcoe’s book, Real EstateTransactions, has been issued byLexis Publishing. It is the third edition<strong>of</strong> the work. His article, “PrepaymentDisincentives in CommercialSecuritized Loans,” appeared inProbate and Property, a publication<strong>of</strong> the ABA Section on Real Property,Probate and Trust Practice. It hassince been chosen as the publication’sbest real property article publishedin 1999.Thomas D. Lyon spoke on “HearsayExceptions” to the Children's ServicesDivision <strong>of</strong> the Los AngelesCounty Counsel's Office in September.Also that month, he gave a talkto the <strong>USC</strong> Psychology Departmententitled, “Child Witnesses: TheMeaning And Effect Of The Oath.”In October, he gave a talk to the LosAngeles District Attorney’s SexCrimes Unit on children's competencyand suggestibility, and spokeon the same subject at the 5thAnnual New Beginnings conferencesponsored by the Los AngelesCounty Juvenile Court.In November, Pr<strong>of</strong>essor Lyon presented“Developmental Psychologyand the Child Witness” at theNational Judicial College in Reno,Nevada.Bentley MacLeod’s article, “JobCharacteristics, Wages, and theEmployment Relationship,” coauthoredwith Daniel Parent, hasbeen published in Federal ReserveBank <strong>of</strong> St. Louis Review, 821. Hisarticle, “Job Characteristics and theForm <strong>of</strong> Compensation,” authoredwith Daniel Parent, has appeared inResearch in Labor Economics 18.Over the summer, Pr<strong>of</strong>essorMacLeod was invited to do a lecturetour <strong>of</strong> Scandinavia on his paper,“Complexity and Contract.” He presentedhis paper at the Stockholm<strong>School</strong> <strong>of</strong> Economics in Stockholm,Sweden; the <strong>University</strong> <strong>of</strong> Oslo inOslo, Norway; and the <strong>University</strong> <strong>of</strong>Bergen in Bergen, Norway. In July,Pr<strong>of</strong>essor MacLeod gave the plenaryaddress, “Cognition and the Theory<strong>of</strong> Firm,” at the Western EconomicsAssociation Meetings in San Diego,as part <strong>of</strong> a panel consisting <strong>of</strong>Harold Demsetz, UCLA, MichaelJensen, Harvard <strong>University</strong> andOliver Williamson, UC Berkeley. Healso presented “Job Characteristicsand the Form <strong>of</strong> Compensation” atthe meetings. Pr<strong>of</strong>essor MacLeodspoke on“Complexity and Contract”at Yale <strong>Law</strong> <strong>School</strong> in September.Edward J. McCaffery’s book, TaxingWomen, has been released by the<strong>University</strong> <strong>of</strong> Chicago Press in paperback.His article, “The MissingLinks In Tax Reform,” was publishedin the spring 1999 issue <strong>of</strong> theChapman <strong>Law</strong> Review. “The Burdens<strong>of</strong> Benefits,” was published in44 Villanova <strong>Law</strong> Review 445 (1999).His op-ed piece, “Tax Spending --Not Work, Savings,” appeared inAugust in the Los Angeles Times.Pr<strong>of</strong>essor McCaffery’s article, “RealTax Reform: The Case For A ProgressiveConsumption Tax,” appeared inthe December/January issue <strong>of</strong> TheBoston Review and is also availableon-line.In October, Pr<strong>of</strong>essor McCafferyaddressed a group <strong>of</strong> journalists, policymakers,and congressional staffmembers at the Cato Institute inWashington D.C., as they celebratedthe release <strong>of</strong> his pamphlet, GraveRobbers: The Moral Case againstthe Death Tax, which was publishedby The Cato Institute andlater republished in Tax Notes.Also in October, Pr<strong>of</strong>essor McCafferygave a talk on “Domestic TaxAlternatives” at the 1999 GlobalInstitute For Taxation's Conferenceon Tax Alternatives for the 21stCentury, which was held at theMarriott Financial Center in NewYork City.In November, Pr<strong>of</strong>essor McCafferygave the keynote luncheon talkentitled, “Post-Millennial Practice:What To Do If The Death Tax Dies,”at the <strong>USC</strong> Trust and Probate Conferenceat the Westin BonaventureHotel. In further activities thatmonth, Pr<strong>of</strong>essor McCaffery discussedpublic policy issues involvingstate lotteries, in addition to moderatinga panel on “Current Issues InState Lotteries and Sports Betting” ata November symposium entitled,“Betting on the Future: Taking Gamingand the <strong>Law</strong> into the 21st Century,”which took place at Cardozo<strong>Law</strong> <strong>School</strong> in New York City.Throughout this period, Pr<strong>of</strong>essorMcCaffery continued his work asissues advisor to the Bill Bradley forPresident Campaign.Denise Meyer attended the Association<strong>of</strong> Legal Writing Directors Conferencein Boston in July, where shewas appointed co-chair <strong>of</strong> the association'sAdjunct & Student TaughtPrograms Committee.Elyn R. Saks’s article, “Competencyto Decide on Treatment andResearch: MacArthur and Beyond,”co-authored with Stephen H. Behnke<strong>of</strong> Harvard Medical <strong>School</strong>, appearedin 10 Journal <strong>of</strong> Contemporary LegalIssues 103 (1999).In November, Pr<strong>of</strong>essor Saks presenteda paper on “Capacity in theContext <strong>of</strong> Psychosocial InterventionsResearch with Controls” at aNational Institute <strong>of</strong> Mental Healthconference in McLean, Virginia.Pr<strong>of</strong>essor Saks has been elected tothe American <strong>Law</strong> Institute (ALI)and has been appointed consultant tothe Bioethics Unit <strong>of</strong> the GeriatricEdward McCafferyPsychiatry Intervention ResearchCenter, funded by the National Institute<strong>of</strong> Mental Health, which islocated at the <strong>University</strong> <strong>of</strong> California,San Diego.Robert M. Saltzman presented aworkshop on affirmative action inlaw school admissions at the <strong>Law</strong><strong>School</strong> Admission Council Conferencein Philadelphia, and at the <strong>University</strong><strong>of</strong> Texas-Austin, in October.Also that month, he chaired a meeting<strong>of</strong> the Misconduct Committee <strong>of</strong>the <strong>Law</strong> <strong>School</strong> Admission Councilin Boston.<strong>Dean</strong> Saltzman presented a workshopfor minority law schoolapplicants at the Atlanta <strong>Law</strong><strong>School</strong> Forum, which was held inNovember.Michael H. Shapiro spoke on “TheTechnology <strong>of</strong> Perfection and thePerfection <strong>of</strong> Technology,” at anAugust conference on BiotechFutures: Challenges <strong>of</strong> Life Extensionand Genetic Engineering, whichtook place at UC Berkeley. Also inAugust, he spoke at UCLA, giving atalk entitled, “Genetics, HumanBehavior, And Criminal Responsibility,”for the 15th Triennial Meeting<strong>of</strong> the International Association <strong>of</strong>Forensic Sciences.Pr<strong>of</strong>essor Shapiro was a speakerand panelist at a Wake Forest <strong>University</strong>conference on Genetic Technology:Social Values and PersonalAutonomy in the 21st Century, inNovember. His paper covered “TheImpact Of Genetic EnhancementOn Equality.” Also in November,he discussed “Human Enhancementand Equality” at the L.A. CountyBar Bioethics Committee's meeting.The following month, Pr<strong>of</strong>essorShapiro was a speaker for ‘Ethical,Legal, and Political Issues inBiotechnology,’ Discovering Biotechnology.Sponsored by the JohnsHopkins <strong>University</strong> Institute for theAcademic Advancement <strong>of</strong> Youth,the conference was held at the <strong>USC</strong>Department <strong>of</strong> Biological Sciences.30 <strong>USC</strong> LAW • SPRING 2000<strong>USC</strong> LAW • SPRING 200031