Calendar of Special Events 2008-2009
The 2008-09 Cleveland-Marshall College of Law Visiting Scholars
The law school has requested permission from the Ohio Supreme Court to grant one free hour of Continuing Legal Education Credit for each of these programs.
The 2008 Joseph C. Hostetler-Baker & Hostetler Visiting Scholar
Kenji Yoshino
The Chief Justice Earl Warren Professor of Constitutional Law
New York University School of Law
BA, Harvard College
MSc, Oxford University
JD, Yale Law School
The Return of Shakespeare's Reviled Tragedy: Titus Andronicus and the Rule of Law
Professor Yoshimo brings a keen humanistic perspective to his teaching and writing. In COVERING, THE
HIDDEN ASSAULT ON OUR CIVIL RIGHTS (Random House 2006), he discusses an unanticipated consequence of civil rights legislation: the phenomenon of "covering," which he defines as the human pressure to disguise aspects of one's cultural, racial, and sexual identity in the interest of assimilation but at risk of compromising autonomy and basic civil liberties. In The City and the Poet (YALE LAW JOURNAL 2005), Professor Yoshino uses Plato's discussion of the relationship between philosophy and poetry as an analogue for a discussion of the role of literature in law. Prior to joining the NYU faculty of law, he was the inaugural Guido Calabresi Professor of Law and Deputy Dean of Intellectual Life at Yale Law School. In addition to his scholarly work, Yoshino's byline often appears in such popular venues as The Boston Globe, The Los Angeles Times, The New York Times, and The Washington Post. He has appeared on "The Charlie Rose Show," "The O'Reilly Factor," "Washington Journal", and "The Tavis Smiley Show." His Cleveland-Marshall lecture will draw upon his current research project: a book on Shakespeare and the law.
Mark Tushnet
William Nelson Cromwell Professor of Law
Harvard Law School
BA, Harvard College
MA, Yale University
JD, Yale Law School
I Dissent: Reflections on Supreme Court Dissenting Opinions
According to acclaimed Constitutional Law scholar Mark Tushnet, the voices of the U.S. Supreme Court's
great dissenting Justices have often been more prescient interpreters of the American Constitution than those in the majority. In fact, these eloquent dissenters sometimes set the stage and frame the issues for future challenges to a majority opinion. The Supreme Court's dissenters and their dissents are the subject I DISSENT: GREAT OPPOSING OPINIONS IN LANDMARK SUPREME COURT CASES (BEACON 2008), which Professor Tushnet edited-a study of 16 minority opinions from Marbury v. Madison and Brown v. Board of Education to Griswold v. Connecticut and Lawrence v. Texas. Professor Tushnet is also the author and editor of over 50 publications, including OUT OF RANGE: WHY THE CONSTITUTION CAN'T END THE BATTLE OVER GUNS (Oxford University Press 2007), "an honest and thoughtful guide to both sides of the debate" over the Second Amendment's assertion of the right to bear arms; A COURT DIVIDED: THE REHNQUIST COURT AND THE FUTURE OF CONSTITUTIONAL LAW (Stanford University Press 2005), an examination of the political and philosophical differences that characterized the Rehnquist court, often splitting the Court not into liberal and conservative factions but into dueling conservative points of view. In addition, he is the editor of THE CONSTITUTION IN WARTIME: BEYOND ALARMISM AND COMPLACENCY (Duke University Press 2005) and the author of THE NEW CONSTITUTIONAL ORDER (Princeton University Press 2003). Before joining the Harvard law faculty, Professor Tushnet was the Carmack Waterhouse Professor of Constitutional Law at Georgetown University Law Center.
The 2008 Friedman & Gilbert Criminal Justice Forum I
Jonathan Turley
The J.B. and Maurice C. Shapiro Professor of Public Interest Law
Director of the Environmental Law Advocacy Center
Executive Director, Project for Older Prisoners
George Washington University Law School
BA, University of Chicago
JD, Northwestern University School of Law
The Body Count Culture: Evaluating the Bush Administration's Record of Terrorism Prosecution
Professor Turley's authority on matters of constitutional law, criminal defense law, military law,
environmental law and tort law has earned him a national reputation, both as a scholar and as a litigator: He is the author of three books and over 30 articles in leading academic journals-articles examining issues as diverse as inequality in the District of Columbia's partial Congressional representation, ownership and control of Presidential papers, expansion of the U.S. Supreme Court, the erosion of executive privilege in the
Clinton administration, and the retention of sovereign immunity in military governance. He is frequently called upon to write for and speak to media on issues of constitutionality, including the Clinton impeachment trial, the 2000 Presidential election and Supreme Court nominees. Equally impressive are his courtroom credentials: In 1994, he sued the U.S. Air Force and the EPA on behalf of workers in Area 51, the U.S. Air Force's secret Nevada airbase and testing ground, alleging deadly exposure to illegal and toxic chemicals; in 1997, he challenged Black Bag Operations authorized under the Foreign Intelligence Surveillance Act claiming employees had been exposed to toxic and illegal chemicals. He has also served as counsel in a variety of national security and terrorism cases, including the defense of Dr. Ali Al-Timimi, convicted in Virginia in 2005 of violent speech against the United States, and Dr. Sami Al-Arian, accused of being the American leader of a terrorist organization while he was a university professor in Florida. His experience in defending dissidents and accused terrorists will doubtless inform his Cleveland-Marshall lecture.
Tom Devine
Legal Director, Government Accountability Project
BA, Georgetown University
JD, Antioch School of Law
The End of the Dark Ages? The Revolution in Legal Rights for Whistleblowers
From Watergate to Enron to the global toy industry, whistleblowing employees in government and the
corporate worlds have acted to protect the public interest and achieve employer legal compliance. Their too-
frequent reward: retaliation that may include discharge. Tom Devine, the Legal Director of the Government
Accountability Project (GAP), has led three successful efforts to strengthen federal legislative protection for
whistleblowers. Devine's 2008 efforts have resulted in a conference committee bill which would guarantee
whistleblower rights, enforceable by jury trials, to private sector workers who are employed by companies that
manufacture, distribute and sell a variety products. This new Consumer Product Safety Commission Reform
Act would protect corporate employees who refuse to violate the consumer safety laws, or who challenge their employer's violations, providing them "make whole" relief from forbidden retaliation. In his talk, Mr. Devine will discuss employer "best practices" in internal employment policies and in new legislation that protects whistleblowers. GAP's three decades of litigation representing whistleblowers on nuclear power, national security, safe meat and poultry, environmental protection, and transportation issues provides the experiential background grounding his recommended strategies.
Criminal Justice Forum II
Patrick Radden Keefe
Program Officer and Fellow
The Century Foundation
JD, Yale Law School
MPhil., International Relations, Cambridge University,
MSc., New Media and Information Systems, London School of Economics
Warrantless Wiretapping, Islamic Charities and the State Secrets Privilege: The Saga of Al Haramain v. Bush
Mr. Keefe writes on intelligence, international security, immigration, and the globalization of crime. In
CHATTER: DISPATCHES FROM THE SECRET WORLD OF GLOBAL EAVESDROPPING (Random House 2005), he examines the world of electronic espionage and the work of the National Security Agency. In articles that have appeared in THE NEW YORKER, the NEW YORK REVIEW OF BOOKS, the NEW YORK TIMES Op-Ed page, the BOSTON GLOBE Ideas section, Slate and Wired, he offers critical insights into the underground economy, extraordinary rendition, the dangers of privatizing intelligence operations, and, in general, the excesses of the NSA and the Office of Homeland Security. He is a past recipient of a Marshall Scholarship, a Guggenheim Fellowship, and a fellowship at the Dorothy and Lewis B. Cullman Center for Scholars and Writers at the New York Public Library. He is currently working on a book on human smuggling between China and the United States, which will be published by Doubleday in 2009. He is a Fellow at NYU's New York Institute for the Humanities, an organization forging bonds between New York City's artists and humanities scholars and policy-makers, a Fellow at The Century Foundation, a progressive policy think tank in New York City, and a Project Leader at the World Policy Institute, a non-partisan source of progressive policy analysis and thought leadership.
The Fall 2008 Employment & Labor Law Speakers Series
Thomas H. Barnard
Shareholder, Ogletree Deakins
BA, University of Puget Sound
JD, Columbia University
LLM, Case Western Reserve University
The Impact of the Pregnancy Discrimination Act on the Workplace
In 1978, Congress passed the Pregnancy Discrimination Act, which sought to protect the workplace rights of
pregnant women. Yet, in 2006, the Equal Employment Opportunities Commission brought approximately
5,000 charges of pregnancy-based discrimination. In his Labor and Employment Law Speakers series address, Mr. Barnard will discuss the effectiveness and the effect of this well-intentioned legislation on the workplace. He is well suited to the topic: A highly regarded member of the College of Labor and Employment Lawyers, Mr. Barnard's practice focuses on all aspects of labor and employment law, including complex employment litigation, jury trials, administrative hearings, collective bargaining and arbitrations. He has litigated more than 36 class action cases, tried 10 class action EEOC cases and tried numerous EEO cases. He is consistently named in BEST LAWYERS IN AMERICA, Labor and Employment Law, has been repeatedly
recognized as an Ohio Super Lawyer and is a frequent national speaker on labor and employment matters.
CHAMBERS USA designates him as the "Star Individual" in Ohio in Labor and Employment and, in 2008,
INSIDE BUSINESS MAGAZINE named him a Leading Lawyer. He previously held significant governmental
positions with the U.S. Department of Labor (1968-1971); Deputy Counsel for Litigation, Labor Management
Laws, 1970 and Special Counsel to the Solicitor, 1971. Ogletree Deakins is one of America's leading labor
and employment law firms with offices in major cities throughout the country.
The 86th Cleveland-Marshall Enrichment Fund Visiting Scholar
Reva Siegel
Deputy Dean and Nicholas deB. Katzenbach Professor of Law
Professor of American Studies
Yale Law School
BA, Yale University
MPhil, Yale University
JD, Yale Law School
Progressive Family Values
Dean Siegel is a Constitutional law scholar whose work often explores and critiques our interpretation of the
basic assumptions of democratic governance: questions of law and equality, for instance, or how the powerful confluence of representative government and popular culture may play out in the courts of America. Her Cleveland-Marshall address will perhaps envision a new species of family values, one that redefines
"progress" in the most essential of all communities: the family. Among her many books and articles are
PROCESSES OF CONSTITUTIONAL DECISIONMAKING (with Brest, Levinson, Balkin & Amar) (Aspen
Publications, 5th ed. 2006); DIRECTIONS IN SEXUAL HARASSMENT LAW (ed. with C. A. MacKinnon) (Yale
University Press 2004); Equality Talk: Antisubordination and Anticlassification Values in Constitutional
Struggles over Brown in the HARVARD LAW REVIEW (2004); and Legislative Constitutionalism and Section
Five Power: Policentric Interpretation of the Family and Medical Leave Act in the YALE LAW JOURNAL
(2003) (with Robert Post). A new work, THE CONSTITUTION IN 2020, coedited with Jack Balkin, is
forthcoming in 2009 and includes their essay on Remembering How to Do Equality as well as an essay
coauthored with Robert Post on Democratic Constitutionalism. Work in progress includes coediting a
collection of essays by progressive legal scholars entitled the CONSTITUTION IN 2020, and several articles
examining the role of social movement conflict in guiding constitutional change, with special attention to
questions of abortion. She is Chair of the Faculty Board of the Yale Chapter of the American Constitution
Society and a member of the Board of the HARVARD LAW & POLICY REVIEW (ACS JOURNAL), the Yale
Woman's Steering Committee, the Yale Women's Faculty Forum and many other organizations active on
behalf or women's issues.
Criminal Justice Forum III
Joshua Dressler
Frank R. Strong Chair in Law
The Ohio State University Moritz College of Law
BA, UCLA, magna cum laude
JD, UCLA
A Liberal Scholar's Reflections on Feminist Criminal Law Reform Efforts: An Uneven Story
Professor Dressler is among the nation’s most respected criminal law scholars, author of a widely used case book, Cases and Materials on Criminal Law (West, 4^th ed.: 2007), as well as Criminal Procedure, Policies and Perspectives (with G. C. Thomas) (West, 3^rd ed.: 2006) and more than 50 articles and book chapters on such issues as battered women syndrome, theories of sentencing and the Model Penal Code. He is also Editor-in-Chief of the four-volume Encyclopedia of Crime and Justice (MacMillan 2002) and the primary creator of the Ohio State Journal of Criminal Law. Before joining the OSU law faculty in 2001, he held the first Distinguished Professor and Scholar Chair at the University of Pacific, McGeorge School of Law, where he was also honored with the University’s Eberhardt Teaching and Scholar Award. He has held visiting professorships at the University of Michigan, the University of California-UCLA, the University of California at Davis and the University of Iowa, and has also taught courses at the University of British Columbia, Seattle University, and University of Auckland in New Zealand. In 2005, Professor Dressler received the honor of presenting a University Distinguished Lecture, on the subject of battered women, to the Ohio State University community. And, in 2007, he received the Ohio State University Distinguished Scholar Award.
2009 Littler & Mendelson Employment & Labor Law Speakers Series
Michael Z. Green
Associate Dean for Faculty Research and Development
Professor or Law
Texas Wesleyan University School of Law
BS, University of Southern California
MBA, California Lutheran
MS, Loyola University Chicago Institute of Industrial Relations
JD, Loyola University Chicago School of Law cum laude
LLM, University of Wisconsin Madison Law School
Where Are We Going with the Merger of Employment Discrimination Claims and Alternative Dispute Resolution?
Professor Green's scholarship focuses on labor and employment disputes and alternatives to the court resolution process. In Tackling Employment Discrimination with ADR: Does Mediation Offer a Shield for the Haves or Real Opportunity for the Have-Nots? (BERKELEY JOURNAL OF EMPLOYMENT AND LABOR LAW 2005), for instance, he weighs the benefits and difficulties of using mediation to resolve claims of employment discrimination. In Ethical Incentives for Employers in Adopting Legal Service Plans to Handle Employment Disputes (BRANDEIS LAW JOURNAL 2006), he discusses proposals that would encourage employers to offer legal service plans to employees, even though those services might be used to bring claims of discrimination against their employers. In his professional associations, Professor Green serves as a member of the American Arbitration Association's National Labor Arbitration panel, and he is the co-chair of the Subcommittee on ADR for the American Bar Association Labor and Employment Section's Committee on Ethics and Professional Responsibility. Elected a member of the American Law Institute in October 2006, he serves on the Consultative Group on the Restatement Third of Employment Law. He is a member of the adjunct faculty in the Southern Methodist University Graduate Education Program Center for Dispute Resolution. A popular lecturer, Professor Green has presented at dozens of conferences on matters pertaining to labor and employment law and dispute resolution throughout our country and abroad.
Coming in Spring 2009: Criminal Justice Forum IV:
What the DNA Said: A Conference on the Future of Criminal Forensics in the 21st Century
For more information on the Cleveland-Marshall Visiting Scholars Programs, call 216-687-6886