Junior Faculty Receive Array of Scholarly Honors

The law school, long renowned for its world-class faculty, has recently received a number of junior faculty recognitions. These honors range from fellowships to scholarships to research grants.

Adam Badawi, associate professor of law, has been awarded a $125,000 grant from the Digging Into Data Initiative. The grant will fund a project that represents a radically new approach to the problem of measuring and visualizing differences among legal systems. The Digging Into Data Initiative is sponsored by various foundations and organizations, including the National Endowment for the Humanities; the National Science Foundation; the Social Sciences and Humanities Research Council; and Jisc, a nonprofit organization that promotes the use of digital technologies in education and research in the United Kingdom. For further information on Badawi’s project, read the related article [more].

In addition to his grant, Badawi has had two papers selected for presentation at the Annual Meeting of the American Law and Economics Association in May in Chicago. One, co-authored with Scott Baker, professor of law and economics, is titled “Appellate Lawmaking in a Judicial Hierarchy.” The article examines how appellate courts can make themselves better off by establishing precedent. The authors argue that doing so lowers the effort that trial courts must expend to resolve cases, which should also make it easier for appellate courts to review those lower courts. Badawi's other paper, “The Shareholder Wealth Effects of Delaware Litigation,” was co-authored with Daniel Chen, professor of law and economics at the Swiss Federal Institute of Technology in Zurich. The paper uses a dataset of Delaware corporate litigation that Badawi developed in conjunction with the law school's Center for Empirical Research in the Law (CERL). The paper analyzes how case characteristics, including the identity of the judge, affect the stock prices of the companies that are involved in the litigation.

Badawi will also be a Distinguished International Visitor at the Erasmus School of Law in Rotterdam in the Netherlands for two weeks this spring.

Deborah Dinner, associate professor of law, is serving as an Israel Treiman Faculty Fellow in 2013–14. The fellowship, which supports faculty scholarship, is named in memory of Israel Treiman, an alumnus, faculty member, and longtime supporter of the law school. Dinner is using the fellowship to conduct original archival research for two legal history projects. The first is a book manuscript, titled Contested Labor: Production and Reproduction in the Age of Market Conservatism, 1964-2010. The book argues that from the civil rights era to the Reagan era and beyond, our legal and political conceptions of sex equality narrowed, from the just distribution of productive and reproductive labor to the prohibition on gender stereotypes under law.

The second project is an article, titled “Liberated Patriarchs: The Fathers’ Rights Movement and the Revolution in Family Law.” The article examines how the fathers’ rights movement used a legal discourse of sex equality to transform the rights and responsibilities of divorced fathers. In 2013–14, Dinner shares the honor of the Treiman fellowship with Professor Greg Magarian.

Dinner’s scholarship generally examines the historical relationship between social movements, political culture, and legal change. Her most recent article, "Strange Bedfellows at Work: Neomaternalism in the Making of Sex Discrimination Law," is forthcoming in the Washington University Law Review. The article explores the discursive strategies of feminists, market conservatives, and anti-abortion activists in debates about pregnancy discrimination during the 1970s. The most recent draft appears on SSRN [view]. Her work has also appeared in the Harvard Civil Rights-Civil Liberties Law Review, Yale Journal of Law & Feminism, and Law & History Review.

John Inazu, associate professor of law, recently received a fellowship to spend 2014–15 in residence at the Institute for Advanced Studies in Culture at the University of Virginia. The institute is an interdisciplinary research center and intellectual community committed to understanding contemporary cultural change and its individual and social consequences. Inazu will complete a second book during his fellowship. The book will focus on the role of pluralism in our constitutional order. Inazu’s first book, Liberty’s Refuge, was favorably reviewed in The New Republic, First Things, the Texas Law Review, and other leading publications. For further information on his book, read the related article [more] and coverage of a panel discussion [more].

Inazu’s broader scholarship focuses on the First Amendment freedoms of speech, assembly, and religion, and related questions of legal and political theory. His work has been published or is forthcoming in the North Carolina Law Review, William & Mary Law Review, Minnesota Law Review, Cornell Law Review, Hastings Law Journal, Law and Contemporary Problems, and a number of other law reviews and specialty journals. This past year, Inazu has also coauthored an amicus brief in McCullen v. Coakley and submitted invited testimony to the United States Commission on Civil Rights. More information on the brief can be found in this article [more]. For more information on his invited testimony, read the following article [more].

Elizabeth Sepper, associate professor of law, has had her article, "Doctoring Discrimination in the Same-Sex Marriage Debates, selected in the best paper competition of the 2014 Southeastern Association of Law Schools (SEALS) conference. The article argues against the spate of anti-gay religious freedom laws. Sepper examines the way that medical conscience legislation, which allows doctors to refuse to perform abortions or end-of-life care, has acted as a model for such legislation. She contends that the rationales for protecting conscientious objection in medicinethat professionals bound by ethical norms are directly responsible for life-or-death actsdo not extend to the same-sex marriage context and cannot serve to exempt businesses from antidiscrimination laws.

The article was recently published by the Indiana Law Journal [view]. Her articles have also appeared in the Virginia Law Review, Texas International Law Journal, University of Pennsylvania Journal of International Law, and New York University Law Review.

Sepper recently co-authored an amicus curiae brief to the Supreme Court arguing against granting the ability of major corporations to request religious exemptions from federal mandates. For more about her efforts, read the article [here]. A recent news tip on her scholarship is also available [here].

Andrew Tuch, associate professor of law, recently presented his paper, “The Untouchables of Self-Regulation,” at the fourth annual Junior Faculty Business and Financial Law Workshop, hosted by George Washington University’s Center for Law, Economics, and Finance. His paper was one of 12 selected from over 80 submitted in response to a call for papers, from scholars at law schools and business schools in the United States and around the world. His paper was ultimately awarded the workshop’s Third Prize. It draws on a unique data set of enforcement actions against investment bankers to examine the accountability of investment bankers for professional wrongdoing. The paper is forthcoming in the George Washington Law Review.

Tuch’s other recent work includes a chapter on "Conduct of Business Regulation" in the forthcoming Oxford Handbook of Financial Regulation (eds. E. Ferran, J. Payne & N. Moloney) and a paper, “Financial Conglomerates and Information Barriers,” forthcoming in the Journal of Corporation Law. The paper examines the effectiveness of information barriers used by financial conglomerates to prevent flows of non-public information. The article explains the market and regulatory failures that limit the effectiveness of information barriers and proposes a regulatory solution based on statistical inference to buttress their effectiveness. The paper was recently featured on the Harvard Law School Forum on Corporate Governance and Financial Regulation blog [view] and is available on SSRN [view].

Tuch is an accomplished scholar in the fields of corporate law, securities regulation, and the regulation of financial institutions, especially investment banks. His scholarship has appeared in the Virginia Law Review, as well as in peer-reviewed journals in the United Kingdom and Australia. His article, “Multiple Gatekeepers,” was named among the "Ten Best Corporate and Securities Articles of 2011" by Corporate Practice Commentator.

Brent Mueller, Spring 2014