On The Record - Columbus School of Law

A P P R E C I A T I N G E R U D I T I O N2007–2008threshold that requires the plaintiff to facea ‘substantial enough’ risk before thecourt will entertain his or her case. Thereis neither a theoretical nor a practical reasonto impose such a quantitative threshold.Doing so insulates demonstrably injuriousagency policies from review.”Publication Process: “This one wentquickly and smoothly, but was stressfulwhile the process was ongoing,” saysLeiter.Peer Review: Leiter produced her latestscholarship with a small and specific audiencein mind: the judges on the D.C.Circuit, rather than her academic colleagues.“I very much hope some of thejudges will consider the piece as theydevelop their standing jurisprudence in socalled‘increased risk’ cases,” she says.ProfessorAntonio Perez■ Life member: Councilon Foreign Relations■ Former legal adviser to U.S.Department of State■ Member of the Inter-AmericanJuridical Committee, OASLatest Article: “Consumer Protection inthe Americas: A Second Wave ofAmerican Revolutions?” St. Thomas LawReview (forthcoming 2009).Summary: The United States needs amore proactive policy for seekingdomestic and international legalreform in order to protect consumerinterests in Latin America. Well-intentionedbut counterproductive proposalsare being advanced by other countries,and more effective internationalconsumer protection is going tobecome essential to maintain politicalsupport for continued free trade anddemocracy promotion.Publishing Process: Perez was asked bythe St. Thomas Law Review to speak atits symposium on economic developmentand social justice in Latin America.The thesis of the speech and the resultingarticle flowed from his work on theInter-American Juridical Committee ofthe OAS.Peer Reviews: “This particular articleisn’t really directed to the academiccommunity,” says Perez. “However, Ihope it will be seen as a model for drawingon economic and political theory todevelop practical proposals for policymakers.”ProfessorMarin Scordato■ Teaches Tort Law, Advanced Torts andAgency Law■ Has published 10 law review articlesand a book review■ Three articles published in law journalsof Top 25 ranked law schools■ Co-author of a first-of-its-kind casebookon Theater LawLatest Article: “Understanding theAbsence of a Duty to ReasonablyRescue in American Tort Law.” TulaneLaw Review 82 (2008):1447.Summary: The absence in American tortlaw of a duty to reasonably aid astranger in peril is perplexing. It fails toaccurately articulate a conventionalsense of morality and appropriate socialbehavior. Scordato’s article offers a spiriteddefense and justification for the ‘noduty’ doctrine and establishes an understandingof the practical wisdom behindits seemingly amoral veneer.Author’s Insight: “I like that it takes aposition that on its face is at bestcounter-intuitive, and arguably evenrepugnant, and makes more sense of itthan the reader might expect. It's aninteresting challenge, in terms ofargument and rhetoric.”Publishing Process: Within three weeksof its distribution to law reviews in thespring of 2007, Scordato received 12offers of publication, including offersfrom the George Mason Law Review,the Maryland Law Review, theMissouri Law Review and the PennState Law Review, in addition to theoffer that he accepted from the TulaneLaw Review.Peer Reviews: The article made thetop 10 most downloaded articles listfor the SSRN’s Jurisprudence andTheoretical Inquiry, Law andPsychology and Law and Society journals.Scordato reports he receivedmany complimentary e-mail messagesand letters from various law profes-Fall–Winter 2008 / C UALAWYER 11