Conference Participants

International Climate Change: Law and Policy

Dr.Patrim Biswas

Dr. Pratim Biswas is the The Stifel and Quinette Jens Professor of Environmental Engineering and Chair of the Department of Energy, Environmental & Chemical Engineering at Washington University in St. Louis.  Biswas received his Ph.D. from California Institute of Technology, has published extensively in his field and served on many international organizations and conferences. His research interests include aerosol science and engineering, nanoparticle technology, air quality engineering, combustion, materials processing for environmental technologies, environmentally benign processing, environmental nanotechnology, thermal sciences, bioterrorism, critical infrastructure, environment, natural disasters, and sensors. He holds a patent for a device that traps and deactivates microbial particles. The work is promising in the war on terrorism for deactivating airborne bioagents and bioweapons such as the smallpox virus, anthrax and ricin, and also in routine indoor air ventilation applications such as in buildings and aircraft cabins.

Daniel M. Bodansky

Daniel M. Bodansky is the Emily and Ernest Woodruff Chair in International Law at the University of Georgia School of Law.  In August 2006, he was named associate dean for faculty development. He teaches public international law, international environmental law, and foreign affairs and the Constitution.

From 1989 to 2002, Bodansky was a faculty member of the University of Washington School of Law. He has served as the climate change coordinator and attorney-advisor at the U.S. Department of State, in addition to consulting for the United Nations in the areas of climate change and tobacco control. He has taught as an adjunct professor at the George Washington School of Law and the Georgetown University Law Center. Bodansky also clerked for Judge Irving Goldberg of the U.S. Court of Appeals for the 5th Circuit.

His scholarship includes two books, 24 scholarly articles and book chapters, five book reviews and more than 40 papers and presentations. Bodansky earned his Juris Doctor from Yale University where he was a member of the Yale Law Journal. He obtained his master's in the history and philosophy of science from Cambridge University in 1981 and his bachelor's magna cum laude from Harvard University in 1979.

He is the recipient of a Council on Foreign Relations International Affairs Fellowship, a Pew Faculty Fellowship in International Affairs and a Jean Monnet Fellowship from the European University Institute in Florence.

Bodansky currently serves on the board of editors of the American Journal of International Law, is co-editor in chief of Kluwer Law International's book series on international environmental law and policy and is the U.S.-nominated arbitrator under the Antarctic Environment Protocol. In addition, he is a member of the Council on Foreign Relations and the American Society of International Law.

Thomas S. Carnahan

Thomas S. Carnahan is the founder and president of Wind Capital Group. In 2005, seeing a clear need for alternative energy source development in his home state of Missouri, he drew upon his background in law, politics, development, and farm management and partnered with Missouri farmers and rural electric cooperatives to develop the state’s first wind farm. Since then, Wind Capital Group has become one of the fastest growing wind developers in the country.

Mr. Carnahan is actively involved in growing not only Wind Capital Group, but the wind energy industry as a whole. He serves on the American Wind Energy Association Legislative and Policy Committee and is a regular and enthusiastic spokesman for wind energy. Carnahan has appeared on National Public Radio’s “All Things Considered”, ABC World News, Fox Business News and other major networks as a wind energy development expert.

Mr. Carnahan has a B.A. degree from William Jewell College and a juris doctorate from the University of Missouri School of Law.

Maxine Lieples

Maxine I. Lipeles is Professor (part-time) in the Schools of Law and Engineering and Applied Science at Washington University, and Director of the Interdisciplinary Environmental Clinic. She has been teaching various environmental law courses to graduate and undergraduate students at Washington University since 1990, and served as director of the Environmental Engineering Program from 1994-1999.

Lipeles has over 20 years of practice experience in environmental law, both in the private sector at Husch Eppenberger in St. Louis from 1982-1999, and as Assistant Attorney General in the Environmental Protection Division of the Massachusetts Attorney General's Office from 1980-1982. She is the author and co-author of two casebooks, "Hazardous Waste" (Anderson Publishing, 3d. Ed. 1997) and "Water Pollution" (Anderson Publishing, 3d Ed. 1998) (with Jackson Battle), and "An Environmental Law Anthology" (Anderson Publishing, 1996) (with Robert Fischman and Mark Squillace).

She earned her J.D. from Harvard Law School, and her A.B. from Princeton University.

Patricia McCubbin

Patricia McCubbin teaches Environmental Law, Advanced Environmental Litigation, Environmental Law for Business Transactions, and Administrative Law, and serves as advisor to the Environmental Law Society at Southern Illinois University School of Law.

She served as a Fulbright Scholar in China, teaching American environmental and administrative law to students at the Wuhan University School of Law in Wuhan, China, which is home to the Research Institute for Environmental Law, one of China’s premier institutions in this field. There she worked with Chinese colleagues on issues related to China's domestic efforts to address climate change. From this she is developing her latest work-in-progress, which addresses the implications for the United States of the challenges China faces in its endeavors.

Most of her scholarship addresses the regulation of environmental contaminants under the federal Clean Air Act and Clean Water Act. In particular, she has sought to illuminate some of the flawed presumptions about so-called "technology-based" and “health-based” regulations in such articles as The Risk in Technology-Based Standards, 16 Duke Environmental Law & Policy Forum 1 (2005), and Amending the Clean Air Act to Establish Democratic Legitimacy for the Residual Risk Program, 22 Virginia Environmental Law Journal 1 (2003).

She is currently Vice-Chair for Public Service of the Constitutional Law Committee within the American Bar Association's Section on Environment, Energy and Resources. She served as a member of the Planning Committee for the ABA's 31st Annual Environmental Law Conference in 2002 and has moderated or been a member of several panels at that Annual Conference over the years, including panels on judicial oversight of environmental requirements, the Endangered Species Act, environmental enforcement, and the Resource Conservation and Recovery Act.

She was an accomplished attorney with the Environmental Defense Section of the U.S. Department of Justice in Washington, D.C.  During her career at the Justice Department she defended regulations adopted by the U.S. Environmental Protection Agency, enforced the nation's wetlands protection laws, and argued successfully before the U.S. Courts of Appeals in such cases as Michigan v. EPA, 213 F.3d 663 (D.C. Cir. 2000), and Marine Shale Processors, Inc. v. EPA, 81 F.3d 1371 (5th Cir. 1996).

Professor McCubbin received her B.A. in Political and Social Thought from the University of Virginia in 1985.  She received her J.D. in 1990 from the University of Virginia School of Law. 

Hari Osofsky

Hari Osofsky is an associate professor at Washington and Lee University School of Law. Professor Osofsky's scholarship focuses on two overlapping areas: (1) climate change litigation and (2) law and geography.  Her current writing projects on climate change litigation include several articles, a co-edited book forthcoming with Cambridge University Press, and a casebook complement on climate change and nuisance with Aspen Publishers.  She also is working on a several articles and a monograph exploring the ways in which geographic perspectives on scale could contribute to legal approaches to cross-cutting problems like climate change and the War on Terror. 

Professor Osofsky's articles have been published and are forthcoming in a variety of journals, including the Washington University Law Quarterly, Villanova Law Review, Chicago Journal of International Law, Stanford Environmental Law Journal, Stanford Journal of International Law, and Yale Journal of International Law.  Her advocacy work has included assisting with Earthjustice's annual submissions to the U.N. Human Rights Commission on environmental rights and with the Inuit Circumpolar Conference's petition on climate change to the Inter-American Commission on Human Rights.  She also has served as an advisor to the Western Environmental Law Center (WELC) on climate change litigation.

Professor Osofsky received her B.A. and J.D. from Yale University.  She currently is a Ph.D. student in the Department of Geography at the University of Oregon and intends to advance to candidacy in 2009.  After clerking for Judge Dorothy Nelson of the Ninth Circuit Court of Appeals, she worked as a Fellow at Center for the Law in the Public Interest, with a focus on environmental justice advocacy.  In 2001-02, she served as a Yale-China Legal Education Fellow and Visiting Scholar at Sun Yat-sen University School of Law, where she taught U.S. Civil Rights Law and helped the school launch its clinical legal education program.  In 2003-04, she was a non-residential fellow with the Carnegie Council on Ethics and International Affairs and engaged in a project on international environmental rights.  She has also taught at University of Oregon School of Law (assistant professor), Whittier Law School (assistant professor; inaugural director of Center for International and Comparative Law), Loyola Law School-Los Angeles (adjunct), and Vermont Law School (visiting assistant professor).

Joyce Penner

Joyce E. Penner is the Ralph J. Cicerone Distinguished University Professor of Atmospheric Science at the University of Michigan. She received her Bachelor of Arts degree in Mathematics in 1970 at the University of California, Santa Barbara, and the M.S. in 1972 and Ph.D in 1977 in Applied Mathematics from Harvard University. She was employed at Lawrence Livermore National Laboratory from 1977 through 1996, where she served as a Physicist and was then promoted to Group Leader in 1987, and Division Leader in 1993. She joined the faculty of  the Department of Atmospheric, Oceanic, and Space Sciences at the University of Michigan as a Professor in 1996.  

Dr. Penner is a leading expert on the interactions of chemistry, aerosols, and their effects on the climate system. Her work has had a major influence on the study of tropospheric aerosols. She developed a treatment for the sulfur cycle within a global model and used this model to quantify the climate forcing and climate response from anthropogenic sulfate aerosols (1994, 2000). This work has had a major effect in understanding how climate has changed over the last hundred years (IPCC, 1995). Dr. Penner also published the first study of the climate forcing from aerosols produced in biomass burning (1992) as well as absorbing black carbon aerosols from fossil fuel burning (1993). These effects are now recognized as important to include in estimates of the total forcing over the last 100 years (IPCC, 1995). 

She was the coordinating lead author for Chapter 5: Aerosols, their direct and indirect effects, which is part of the Third Assessment Report of the Intergovernmental Panel on Climate Change (IPCC) to the United Nations. She also acted as an editor and report co-ordinator for the IPCC report on Aviation and the Global Atmosphere (1999) and was a lead author for the Fourth Assessment Report in 2007. The work of the IPCC was recognized by the award of the Nobel Peace Prize (shared with Al Gore) in 2007.

Leila Nayda Sadat

Leila Nadya Sadat is the Henry H. Oberschelp Professor of Law at the Washington University School of Law and the Director of the Whitney R. Harris Institute of Global Legal Studies. She is an internationally-recognized authority in international criminal law and human rights and a prolific scholar, publishing in leading journals in the United States and abroad.  Trained in both the French and American legal systems, Sadat brings a rare cosmopolitan perspective to her work.  She is particularly well-known for her expertise on the International Criminal Court, and was a delegate to the U.N. Preparatory Committee and to the 1998 diplomatic conference in Rome at which the Court was established.  She has published a series of articles on the Court and an award-winning monograph, “The International Criminal Court and the Transformation of International Law” which was supported by a grant from the U.S. Institute of Peace.  She has written extensively on the question of amnesties for atrocity crimes as part of the Princeton Project on Universal Jurisdiction, and authored several follow up pieces including Exile, Amnesty and International Law, 81 Notre Dame Law Review 955 (2006).  Her trenchant commentaries on U.S. foreign policy following the September 11th attacks are highly regarded and include Terrorism and the Rule of Law, and Nightmares from the War on Terror, forthcoming in the George Washington Law Review.  From May 2001 until September 2003, Sadat served on the nine-member U.S. Commission for International Religious Freedom.

At the School of Law, Sadat teaches international, comparative and U.S. law courses. She also directs the Law Schools "Summer Institute for Global Justice," which brings together U.S. and foreign law students in a summer course of study held at the University of Utrecht.  Sadat has also established a war crimes research program for students who are working directly with the Special Court for Sierra Leone, drafting memos on research topics assigned by the Court's Prosecutor.

Professor Sadat is often heard on national media, and has an active speaking schedule. She currently serves as Secretary of the American Society of Comparative Law, Vice-President of the International Law Association (American Branch) and the International Association of Penal Law (AIDP), and is a member of the American Law Institute.  Sadat has also served as a member of the Executive Council, Executive Committee and Awards Committee for the American Society of International Law.

Sadat received her B.A. from Douglass College, her J.D. from Tulane Law School, summa cum laude, and holds graduate law degrees from Columbia University School of Law (LLM, summa cum laude) and the University of Paris I - Sorbonne (diplôme d'études approfondies). Sadat practiced international business law for several years in Paris, France, prior to entering law teaching, and is admitted to the bar in Paris and in Louisiana. She clerked for Judge Albert Tate, Jr., on the U.S. Fifth Circuit Court of Appeals, as well as both of France's Supreme Courts, the Cour de Cassation and the Conseil d'Etat.

Associate Dean for Research and Faculty Development Pauline Kim

Pauline Kim earned her J.D. degree, magna cum laude, from Harvard Law School, Professor Kim clerked for the Honorable Cecil F. Poole on the United States Court of Appeals for the Ninth Circuit.  Following her clerkship, she was the Felix Velarde-Munoz Fellow, and later a staff attorney, at the Employment Law Center/Legal Aid Society of San Francisco, where she litigated cases involving race, sex and disability discrimination, racial and sexual harassment, and unlawful working conditions. 

Professor Kim joined the faculty of Washington University School of Law in 1994, where she teaches employment law, civil procedure and a seminar on Courts and Judicial Decision-Making.  Her scholarship focuses on employment law, workplace privacy, litigation and courts, and judicial decision-making.  In the 2007-08 academic year, Professor Kim was the inaugural John S. Lehmann Research Professor.  She is currently serving as Associate Dean for Research and Faculty Development.

Professor Kim is the Principal Investigator, along with Co-Principal Investigators Margo Schlanger and Andrew Martin, on a research project on government-initiated employment discrimination litigation in the federal courts.  The project is funded by a two-year grant from the National Science Foundation.

Professor Kim co-founded the Workshop on Empirical Research in the Law, an interdisciplinary faculty workshop at Washington University and is affiliated with the Center for Empirical Research in the Law and the Civil Rights Clearinghouse.  She is also a member of  the American Law Institute and a Advisor to the ALI's Restatement of Employment Law.

Amy L. Wach

Amy L. Wachs works closely with companies planning new processes to facilitate consideration of environmental regulatory compliance issues. She helps companies plan and implement proactive measures to ensure continued regulatory compliance. Examples of such proactive measures include regulatory audit programs, management and employee training and ongoing counseling.  

She advises on environmental cleanup of sites across the nation under RCRA, CERCLA and various state authorities and brownfields acts. She facilitates orderly and successful cleanups by interacting with regulatory agencies on behalf of the client to effectively present and resolve cleanup issues. She is instrumental in breaking down complex issues, presenting them effectively and finding cost-effective, reasonable solutions.

She received her J.D. from University of Wisconsin, cum laude in 1983 and her B.A. from Lawrence University, cum laude, in 1979.

Jonathan B. Wiener

Jonathan B. Wiener is the William R. and Thomas L. Perkins Professor of Law at Duke Law School, Professor of Environmental Policy at the Nicholas School of the Environment & Earth Sciences, and Professor of Public Policy Studies at the Sanford Institute of Public Policy at Duke University. From 2000-05 he also served as the founding Faculty Director of the Duke Center for Environmental Solutions, which has now been expanded into the Nicholas Institute for Environmental Policy Solutions, of which he serves as chair of the faculty advisory committee.

In 2008 he serves as President of the Society for Risk Analysis (SRA), the first law professor or lawyer to hold this post. In 2003 he received the Chauncey Starr Young Risk Analyst Award from the SRA for the most exceptional contributions to the field of risk analysis by a scholar aged 40 or under. Since 2002 he has been a University Fellow of Resources for the Future (RFF), the environmental economics think tank.

His visiting appointments include the University of Chicago Law School (2007), L'Ecole des Hautes Etudes en Sciences Sociales (EHESS) and le Centre International de Recherche sur L'Environnement et le Développement (CIRED) in Paris (2005-06), and Harvard Law School (1999).

Before coming to Duke, he worked on U.S. and international environmental policy at the White House Council of Economic Advisers, at the White House Office of Science and Technology Policy, and at the United States Department of Justice, serving in both the first Bush and Clinton administrations. He attended the Rio Earth Summit in 1992.

Professor Wiener clerked for Judge (now U.S. Supreme Court Justice) Stephen G. Breyer on the U.S. Court of Appeals in Boston in 1988-89, and for Chief Judge Jack B. Weinstein on the U.S. District Court in New York in 1987-88. He received his A.B. in economics (1984) and his J.D. (1987) from Harvard University, where he was an editor of the Harvard Law Review and helped coach the 1985 intercollegiate debate champions.

Jonathan Wiener has also been committed to community service. He helped organize the Americorps National Service program in 1993, helped start the annual City Year servathon in Boston in 1989 and the DC Cares servathon in Washington DC in 1991, served on the North Carolina State Commission on National and Community Service from 1994-98, and founded the "Dedicated to Durham" community service day held twice each year at Duke Law School since 1995.

Tseming Yang

Tseming Yang is Professor of Law at Vermont Law School.  Professor Yang is an expert on environmental justice and international environmental law. He is also recognized for his work in critical race theory and has worked on various issues related to federal Indian law. The courses he has taught at Vermont Law School include International Environmental Law and seminars in Environmental Justice and Global Climate Change.

Professor Yang received his B.A. degree in biochemistry, magna cum laude, from Harvard University in 1988 and his J.D. degree from the University of California at Berkeley School of Law in 1992, where he served as articles editor of the California Law Review. Upon graduation from law school, he clerked for the Honorable Rudi M. Brewster of the United States District Court for the Southern District of California. He then practiced law with the firm of Latham & Watkins in San Francisco before serving as an attorney with the United States Department of Justice in 1994. As an attorney in the Policy, Legislation, and Special Litigation Section of the Environment and Natural Resources Division, Professor Yang’s responsibilities included domestic and international environmental policy work as well as federal Indian policy. In this capacity, he was involved in the formulation of administration positions on congressional legislation, domestic policy initiatives, and negotiations for multilateral negotiations related to international pollution and natural resources management agreements. From 1995 to 1996, he served as a director of the Asian Pacific American Bar Association of Washington, DC.

He joined the Vermont Law School faculty in 1998. Professor Yang has served as a faculty member for the United States Department of Justice, Office of Legal Education, and of the Department of Agriculture Graduate School. Currently, he also serves as a member of the Environmental Protection Agency’s National Environmental Justice Advisory Council and its International Subcommittee.