T Scholarship by Tuch, Sale Among Ten Best Articles

VOL 7 . NO 1 | suMMer 2012
Scholarship by
Tuch, Sale Among
Ten Best Articles
From left: third-year law students Justin lepp, nick rosinia, and Mikela sutrina won
the championship in the aBa’s national appellate advocacy competition.
Students Named National Champions
in ABA Moot Court Competition
Justin Lepp, Nick Rosinia, and Mikela Sutrina
recently made history by becoming the first Washington University School
of Law team to win the American Bar Association’s National Appellate Advocacy Competition, the largest and most competitive moot court competition
in the country.
The students went a combined 11-0 in the Seattle Regional and National
Final en route to the championship, surpassing 209 other teams from 118 law
schools. Rosinia and Sutrina also received individual recognition as the secondand third-ranked speakers overall in the six rounds of the National Final.
“Our success can be attributed to three things: the incredible talent of my
teammates, the passion and skill of our coach, and the support of the law
school community, including other students, professors, and alumni,” Lepp
says. “Winning the national championship proves what we have all known
for a while, that Wash U trains advocates who know how to win.”
Lepp, Rosinia, and Sutrina were crowned the champions by a final-round
panel that included Seventh Circuit Judge John D. Tinder and U.S. District
Court Judges Edmond E. Chang, John W. Darrah, and Charles P. Kocoras.
The final round was held in
the ceremonial courtroom of
the Supreme Court of Illinois
in Chicago.
“This was the very best
final round in this competition
in recent memory,” says
Larry Bates, competition
Washington University School of Law is now
committee chair.
accepting applications for @WashULaw, the first
Rosinia observes, “Competand only top-tier online Master of Laws in U.S.
ing in the final round was an
Law for Foreign Lawyers in the country. Delivunforgettable experience but
ered through state-of-the-art online technologies,
one that Coach Finneran
the program will integrate live classroom sessions
prepared us for from the very
with streaming video and self-paced content.
For more information, see article on page 3
or visit: onlinelaw.wustl.edu.
hird-year law students
continued on page 6
by Washington University
law faculty have been named among
the Ten Best Corporate and Securities
Articles of 2011. The articles, which were
selected through an annual poll of corporate and securities law academics from
a field of 580 pieces, will be reprinted
in an upcoming issue of the Corporate
Practice Commentator.
Hillary Sale, the Walter D. Coles
Professor of Law and professor of management, was honored for her article
“The New ‘Public’ Corporation,” which
appeared in 74 Law and Contemporary
Problems 137. Corporate law scholar
Andrew F. Tuch—who will join the
law faculty as an associate professor on
July 1—was recognized for his article
“Multiple Gatekeepers,” which appeared
in 96 Virginia Law Review 1583.
In her article, Sale argues that the
term “public company” no longer means
simply one with shares listed on a national
securities exchange. “Public corporations
are not just creatures of Wall Street,”
she writes. “They are creatures of Main
Street, the media, bloggers, Congress,
and the government.”
Sale next describes a vicious cycle in
which bloggers and the media make the
public aware of corporate scandal or malfeasance. The public then pressures the
government to intervene, leading to further
intervention, regulation, and even greater
awareness among the media and the blogosphere. The cycle then starts over again.
wo articles
continued on page 2
Volume 7
Number 1
Hollander-Blumoff Elected to American Law Institute
psychology from New York
University. This unique backassociate professor of law, has
ground provides an interdisciplinbeen elected to the American Law
ary perspective to her research
Institute (ALI), a national indepenon law and psychology in the
dent organization that focuses on
context of dispute resolution and
producing scholarly work to clarify
her exploration of the relationship
and modernize the law. Membership
between human behavior and
in the ALI is based on professional
rebecca hollanderdispute resolution systems. achievement and a demonstrated
Hollander-Blumoff joins a
interest in improving the law. number of other Washington University law
In addition to her undergraduate and
professors who are members of the ALI,
law degrees from Harvard University,
including: Professors Susan Frelich Appleton
Hollander-Blumoff holds a PhD in social
eBecca hollander-BluMoFF,
Scholarship continued FroM page 1
After using executive compensation as “a
lens through which to view the incremental
growth of regulation and publicness,” she
concludes that “public companies will be
regulated. … They cannot (and will not)
do it themselves, and it is not going away.”
Tuch’s article focuses on the conduct
of “gatekeepers”—actors such as bankers,
lawyers, and accountants who are often
implicated in scandals for having facilitated
transactions or failing to
avert disclosure errors by
their corporate clients.
Using gatekeeper liability
theory, he then accounts
explicitly for the possibility
of interdependencies
among gatekeepers, which
hillary sale
contrasts with scholarship
“focused only on independent gatekeepers.” Going further, his article
then considers “the position of interdependent
(who also holds the office of secretary
and serves on the ALI Council), Kathleen
Brickey, Kathleen Clark, Michael Greenfield,
Daniel Keating, Pauline Kim, Stephen
Legomsky, Charles McManis, Kimberly
Norwood, Laura Rosenbury, Leila Nadya
Sadat, and Hillary Sale; Dean Kent Syverud;
and Dean Emeritus Dorsey D. Ellis, Jr. Founded in 1923, ALI produces influential Restatements of the Law, model statutes,
and Principles of Law. Its publications are
distributed widely and are often cited in
court opinions.
gatekeepers and [shows]
under relevant simplifying assumptions that
only a fault-based
regime would induce
gatekeepers to take
optimal precautions.”
Tuch then identiandrew tuch
fies gaps in U.S. federal
securities law and examines reforms that would add credit rating
agencies to the list of gatekeepers.
Sidebar is published for the benefit
of Washington University School of
Law alumni, friends, and colleagues.
Kent Syverud, Dean
Ann Nicholson, Managing Editor
Julie Kennedy, Editor
Timothy J. Fox, Assistant Editor
Scott Hueting, Production
Direct communications to—
Ann Nicholson
Washington University
School of Law
Campus Box 1120
One Brookings Drive
St. Louis, MO 63130-4899
Phone: (314) 935-6430
email: [email protected]
ronald M. levin, the william r. orthwein distinguished professor of law, confers with a colleague in
shanghai, china. levin was in shanghai as the featured speaker at an international workshop on amendment of the administrative litigation law (all). in his lecture, levin summarized judicial review developments of the past decade in the united states, noting that the american system of judicial review is
largely stable but that it continues to evolve through case law.
Law School Goes Online with LLM in U.S. Law
Number 1
• Coursesdesignedandtaughtby
Washington University law faculty, who
are renowned legal educators and scholars;
• Classesofstudentswhomeetthesame
selective admissions criteria as the oncampus graduate law program;
• AnLLMdegreeidenticaltotheone
received by on-campus graduates and
the option to attend the campus graduation ceremony;
• Intimateclassesofnomorethan15
students; and
Volume 7
he law school
is now offering its
Master of Laws in U.S. Law for Foreign
Lawyers (LLM) in a new and innovative
online format. Called @WashULaw, the
program is the first and only top-tier online
LLM in U.S. law. The online LLM builds
on the law school’s internationally recognized postgraduate law degree program,
which is designed for foreign attorneys
interested in increasing their knowledge
of U.S. law to practice more effectively in
today’s global legal environment.
@WashULaw will allow foreign lawyers to
complete an LLM degree in U.S. law without
leaving their law practices or relocating to the
United States. Students will receive an excellent grounding in U.S. law, with a focus on
business issues, without dramatic disruption
to their professional and personal lives or the
relocation costs associated with a prolonged
stay overseas.
“We aim to produce extraordinary LLM
graduates who benefit from the highest caliber
online education available—and to ensure
that the quality equals or exceeds the quality
of the best LLM programs in the world,”
says Kent Syverud, dean and the Ethan A.H.
Shepley Distinguished University Professor.
The @WashULaw LLM program will
offer students an online version of the law
school’s on-campus LLM curriculum, with:
@WashULaw is the first and only top-tier online degree of its kind
Melissa waters
andy puzder
chip paucek
• Anoptionalsummerimmersionin
U.S. law offered in the United States and
taught by Washington University faculty.
Delivered through state-of-the-art online
technologies, @WashULaw courses will integrate live classroom sessions with streaming
video and self-paced content. In live classroom sessions, law faculty and @WashULaw
students will “meet” at pre-arranged times
for coursework discussions, study groups,
and face-to-face meetings. The self-paced
content offers students high-quality, facultydesigned coursework; highly produced video
content; and a 24-hour interactive social
technology platform.
@WashULaw is being directed by Melissa
Waters, professor of law, and Tomea Mersmann, JD ’91, associate dean for strategic initiatives and lecturer in law. An advisory council
is being formed to engage the law school community and thought leaders in education in
the development of @WashULaw.
One of the initial advisory council members, Andrew Puzder, JD ’78, CEO of CKE
Restaurants, Inc., is enthusiastic about the
opportunities and benefits provided by
“I have been extremely supportive of
this program since day one. I manage our
company by the maxim that to survive and
prosper, companies must take advantage
of current technology and innovate,” says
Puzder, a member of both the law school’s
National Council and the @WashULaw
tomea Mersmann
Kent syverud
advisory council. “I am proud that my law
school is embracing technology, without
sacrificing quality, to expand its presence
in global legal education.”
The law school has partnered with the
education technology company 2tor, Inc.
to deliver @WashULaw. 2tor works with
leading higher education institutions to
deliver rigorous, selective degree programs
online by providing the technology platform,
instructional design, marketing, and infrastructure support.
“We’re honored to add Washington
University to the esteemed family of 2tor
partners,” says Chip Paucek, co-founder and
CEO of 2tor. “We’re thrilled to be working with a school that is pioneering a law
program for the 21st century and one that is
primed for an increasingly globalized world.”
@WashULaw is now accepting applications; classes begin in January 2013. International applicants must first earn a law degree
from their home jurisdiction. For more
information, visit onlinelaw.wustl.edu, email
[email protected], or call
888-WashULW (888-927-4859).
“we aim to produce extraordinary llM
graduates who benefit from the highest
caliber online education available.”
dean Kent syverud
Recent Events
Number 1
William C. Jones Lect
Volume 7
Evolving Workplace Law
the whitney r. harris world law
institute and department of east
asian languages and cultures welcomed her excellency Xue hanqin,
judge at the international court
of Justice, to deliver the william c.
Jones lecture. her excellency discussed the history of the court and
its role in seeking peaceful settlement of international disputes.
the center for the interdisciplinary
study of work & social capital presented
“the evolving law of the workplace,”
an event featuring a panel discussion,
guest speakers, and a conversation
with students regarding career paths.
(above) law students at a
conference panel discussion
Work and
Livable Lives
the center for the interdisciplinary
study of work & social capital’s
“work and livable lives conference” drew scores of people to
the law school for presentations
by economists, political scientists,
lawyers, and social scientists from
across the country.
MaRy BuTkus phoTos
MaRy BuTkus phoTos
(left) philip Miscimarra, partner
at Morgan lewis’s labor &
employment practice
(top left) dorian warren, columbia university
(bottom left) Keynote speaker Jared Bernstein, center on
Budget & policy priorities, washington, d.c.
(below) gillian lester, university of california-Berkeley
MaRy BuTkus phoTos
Access to Equal Justice
Number 1
Volume 7
CheRyl Tadin phoTos
(above) her excellency Xue hanqin,
judge at the international court of
Justice, left, and leila nadya sadat,
washington university school of law
(top, left) Kristin henning, georgetown university
(above) a panel at the “evolving standards of Juvenile
Justice” conference
(left) law students at the Jones lecture
(left) law students and community members in attendance
and Family
(left) Muneer ahmad,
yale university, at podium,
and Marion crain, washington
university school of law
MaRy BuTkus phoTos
the center for the interdisciplinary study of work & social
capital, whitney r. harris world
law institute, and immigration
law society presented “immigration and Family reunification:
a comparative perspective,”
which explored changes in
family reunification policy.
hosted by the Juvenile rights and re-entry project of the
civil Justice clinic, the 12th annual access to equal Justice
colloquium, “evolving standards of Juvenile Justice: From
gault to graham and Beyond,” brought together about 50
invited legal scholars, social and psychological scientists,
public defenders, and other experts for a full day of presentations, panel discussions, and working groups.
(above) anna crosslin, right, international institute of st. louis
(below) audience members
at the conference
Volume 7
Number 1
Dinner’s Scholarship Selected for Junior Faculty Forum
the “costs of life.” Employers and
Associate Professor Deborah
business groups appropriated “legal
Dinner was selected for presentation
advances in reproductive choice”
at the 2012 Junior Faculty Forum at
to argue against antidiscrimination
Harvard Law School (formerly the
law protecting pregnant workers.
Stanford/Yale Junior Faculty Forum).
Market conservatives argued that
Dinner presented her chapter,
the U.S. Supreme Court’s historic
“The Costs of Life: Maternal Employdecisions in Griswold v. Connectideborah dinner
ment, Reproductive Choice, and
cut, Eisenstadt v. Baird, and Roe
the Debate over Pregnancy Disabilv. Wade had made pregnancy a
ity Benefits,” in the Junior Faculty Forum’s
voluntary choice. As a consequence, society
“Legal History” category in June.
had no obligation to assume responsibility for
Dinner’s dissertation spans the years 1964– the costs of pregnancy and childbirth.
93. Titled “Pregnancy at Work: Sex Equality,
In two decisions, the Supreme Court held
Reproductive Liberty, and the Workplace,”
that the exclusion of pregnancy from state
it examines feminists’ legal imagination and
and private temporary disability insurance
advocacy regarding the relationship between
plans violated neither the Equal Protection
sex equality and reproductive liberty. It anaClause of the U.S. Constitution nor Title VII
lyzes how feminist argumentation evolved in
of the Civil Rights Act of 1964. The court
dialogue with the ideologies and strategies
rejected an older liberalism that made women’s
of market and social conservatives. Her
reproductive capacity the basis for a sexaward-winning chapter focuses directly on
differentiated citizenship, but embraced a new
the “legal and political debates” that played
liberalism, premised on women’s capacity for
out in the 1970s, as society struggled to
rational and independent choice, which never“allocate the costs of reproduction between
theless perpetuated gender inequality.
private families, employers, and the state.”
Meanwhile, in Congress, “abortion and
Dinner argues that legal and political conother perceived threats to traditional mothertroversy about abortion shaped debates about
hood triggered neomaternalist politics.” In fact,
dissertation chapter
“Feminists coupled sex-egalitarian arguments for pregnancy disability benefits
with arguments that represented childbearing as a service to society.”
“some social conservatives” split from market
conservatives to join feminists in an alliance
for federal antidiscrimination law that would
protect the job and income security of pregnant workers. These social conservatives argued
that extending health and sick-leave benefits to
pregnant women would serve as an incentive
for them to bring their pregnancies to term
rather than to undergo abortions. At the same
time, “liberals” sought “to remove childbearing from the calculus of the market.” Dinner
writes, “In the context of a new political landscape, feminists coupled sex-egalitarian arguments for pregnancy disability benefits with
arguments that represented childbearing as a
service to society.”
These debates ultimately resulted in
the Pregnancy Discrimination Act of 1978,
which amended Title VII to prohibit discrimination on the basis of pregnancy or
childbirth. The neomaternalist politics that
contributed to the passage of the act carried
“an ideological and policy price for feminists.”
Congress excluded coverage of abortion and
related conditions from the Pregnancy Discrimination Act’s equal-treatment mandate.
Competition continued FroM page 1
MaRy BuTkus
a delegation of 25 representatives from the education usa training institute, along with advisors
from the state department and institute for international education, recently visited the law school
as part of a larger outreach program with washington university and other u.s. institutions of higher
learning. associate dean Michael peil, second from left, provided a brief introduction and tour of the
law school. assistant dean for graduate programs peter cramer, fifth from left, led a session on
tips for applicants’ personal statements.
beginning. With his principled guidance,
our preparation replaced nerves with
confidence—allowing us to relish the
judges’ questions and enjoy our time at
the podium.”
While mock trials simulate the trial
court experience, moot court simulates
the exercise of arguing an appeal before
the U.S. Supreme Court. This year’s ABA
problem focused on the fictional case of
a child with severe autism named Ryan
Reed, who had been denied coverage for an
expensive medical treatment. In the final
round, Rosinia and Sutrina petitioned on
named research professorships and
fellowships support vital faculty research
at the law school.
MaRy BuTkus
behalf of Reed, arguing that his private
insurer and the fictional state of Texifornia
were obligated to pay for the treatment
under both the Wellstone Act and federal
Medicaid law.
“There is no more coveted or elusive
prize in the moot court world than the
ABA National Championship,” says
Adjunct Professor Richard Finneran,
JD ’08, who coached Lepp, Rosinia, and
Sutrina along with nine other students.
“This victory solidifies our team’s status
as the premier moot court program in
the country.”
rule of law (delivered as a lecture at
the Singapore Academy of Law).
Clark is a nationally known expert
on government ethics, whistleblowing,
and legal ethics. She is an associate
reporter for the American Law
Institute’s Principles of Government
Ethics and is co-authoring a treatise
on government ethics. Her current
research, “Ethics for an Outsourced
Government,” examines the intersection
of government ethics and government
procurement law.
An Israel Treiman Research Fellow in
2010–11, Clark began her current research
project as a consultant to the Administrative Conference of the United States, which
adopted recommendations that the federal
government apply government ethics standards to some service contractor personnel.
Clark is also writing a book chapter about
the limited role of transparency in preventing government corruption.
Volume 7
Susan Appleton and
Brian Tamanaha have been named
Israel Treiman Faculty Fellows for
2012–13. The fellowship, which supports faculty scholarship, is named in
memory of the late Israel Treiman,
LLB ’22, a former faculty member and
longtime supporter of the law school.
susan appleton
Brian tamanaha
Kathleen clark
In addition, Professor Kathleen
Clark—who recently served as Special
significance of regret following a reproducCounsel to the Attorney General of the
tive decision or outcome.
District of Columbia—has been named
Tamanaha, the William Gardiner
the John S. Lehmann Research Professor
Hammond Professor of Law, is a renowned
for 2012–13. The research professorship
jurisprudence scholar and the author of
recognizes the contributions of the late
six books and numerous scholarly articles,
John S. Lehmann, LLB 1910, who was
including his most recent books, Beyond
a distinguished lawyer and university
the Formalist–Realist Divide: The Role of
trustee for more than 20 years.
Politics in Judging and Failing Law Schools.
Appleton, a nationally known expert
Tamanaha’s articles have appeared in a varion family law, is the Lemma Barkeloo &
ety of leading journals, and his publications
Phoebe Couzins Professor of Law. Her
have been translated into seven languages.
scholarship explores such issues as adoption,
An expert on law and society, his current
assisted reproduction, gender and parentscholarship includes an essay comparing two
age, surrogacy, and abortion rights. She
different types of general jurisprudence (one
has co-authored a family law casebook
philosophical in orientation and the second
(the fifth edition is forthcoming) and a
with an empirical bent) and a law review
casebook on adoption and assisted reproarticle on the history and elements of the
duction, as well as published extensively
on family law matters in law reviews.
Appleton’s current scholarship includes
a book chapter on gender and parentage
law, a law review article on illegitimacy as
a constructed identity designed to regulate
sex, and a law review article on the legal
professor Kim norwood, at podium, welcomes guests to “liddell is 40! commemorating the desegregation Movement in st. louis and a look at the Future of urban education.” the conference examined
the legacy of school desegregation pioneer Minnie liddell and explored the future of desegregation
in the city and beyond.
Number 1
Three Faculty Members Recognized for Research, Scholarship
nonpRofiT oRg
u.s. posTage
ONe BrOOKiNgS Drive
sT. louis, Mo
peRMiT no. 804
VOL 7 . NO 1
suMMer 2012
MaRy BuTkus
MaRy BuTkus
washington university school
of law saluted its graduates
and their families at commencement on May 18, 2012.
Jd candidate Jessica Mayo,
holding banner, served as a
class marshal. some 278 Jds,
77 llMs, and two Jsds made
up the May 2012 list of graduates. Judy okenfuss, Jd ’91, a
member of the law school’s
national council, offered the
welcome to the legal profession, and Jd candidate philip
a. cantwell served as the
voice of the class. For more
information and photos, visit: