Top Banner
Annual Report 2019
64

Annual Report - American Bar Foundation

Feb 09, 2023

Download

Documents

Khang Minh
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
Page 1: Annual Report - American Bar Foundation

Annual Report

2019

Page 2: Annual Report - American Bar Foundation

Any opinions, findings, and conclusions or recommendations expressed in ABF publications are those of the author(s) and do not necessarily

reflect the views of the American Bar Foundation or the American Bar Association.

The AMERICAN BAR FOUNDATION, ABF and related seal trademarks as used by the American Bar Foundation are owned by the

American Bar Association and used under license.

Page 3: Annual Report - American Bar Foundation

www.americanbarfoundation.org • 2019 Annual Report 1

2 Introduction to the American Bar Foundation

3 Officers and Directors of the American Bar Foundation

4 Fellows Research Advisory Committee

5 Past Presidents of the American Bar Foundation

6 Executive Director’s Letter: Ajay K. Mehrotra

7 Highlights

15 Research Program

21 Research Faculty 21 Research Professors 31 Affiliated Research Professors 32 Faculty Fellows 34 Research Social Scientists

35 Selected Publications

37 ABF Publications 37 Law & Social Inquiry 37 Researching Law

38 Recent Major Media Coverage and Faculty Op-Eds

40 Collaboration with Strategic Partners

41 Undergraduate Research Diversity Fellowships in Law and Social Science

42 Doctoral Fellowship Programs

43 Sponsored Programs

44 Research Funds

45 Research Presentations at the ABF in 2019

46 The Fellows of the American Bar Foundation

50 Life Fellows Contributions to the American Bar Foundation

54 The ABF Legacy Society

55 Cornerstone Giving Society

56 Personnel

58 Financial Report 2018–19

60 Allocation of Funding FY 2018–19

Page 4: Annual Report - American Bar Foundation

2 American Bar Foundation • www.americanbarfoundation.org

The American Bar Foundation (ABF) is the nation’s leading

research institute for the empirical and interdisciplinary study of

law. An independent, nonprofit organization for over sixty-five years,

the ABF has advanced the understanding and improvement of law

through research projects of unmatched scale and quality on the most

pressing issues facing the legal system in the United States and the

world. The ABF is committed to broad dissemination of its research

findings to the organized bar, scholars, and the public. The results

are published in a wide range of forums, including leading academic

journals, law reviews, and academic and commercial presses.

MissionThe American Bar Foundation seeks to expand knowledge and

advance justice through innovative, interdisciplinary, and rigorous

empirical research on law, legal processes, and legal institutions. To further this mission, the ABF will produce timely,

cutting-edge research of the highest quality to inform and guide the legal profession, the academy, and society in

the United States and internationally.

Research FacultyThe research program of the ABF is implemented through the projects designed and conducted by the members of

the ABF’s residential research faculty. ABF Research Professors are among the leading scholars in their disciplines,

which include anthropology, economics, history, law, political science, psychology, and sociology. A research project

is undertaken only after completion of a very extensive review process. The internal review committee, an external

review panel, the Research Committee of the ABF Board of Directors, and ultimately the full ABF Board must conclude

that the proposed study will make a significant contribution to the field and that the research can be carried out with

the appropriate standards of integrity, human subject protection, and scholarship.

FundingThe Foundation extends special thanks to the American Bar Endowment (ABE). The American Bar Endowment’s grant

of $3,241,519.00 in fiscal year 2018-19 makes the Endowment the Foundation’s largest supporter. Founded in 1942, the

ABE is a charitable organization dedicated to improving the quality of justice in the United States by funding research,

educational, and public service projects in the field of law. American Bar Association (ABA) members who participate

in the Endowment’s group insurance programs can contribute to these efforts. Those members who participate in the

Endowment’s insurance plans and allow the ABE to retain dividends payable on the group insurance policies provide

essential support for the ABE’s grant program. The Foundation would like to thank all ABA members who participate

in ABE insurance plans and donate their dividends, along with the ABE, for the valuable funding they have provided.

Other sponsors include the Fellows of the American Bar Foundation and private foundations and government

agencies that award grants to support specific research projects and other ABF programs. The ABF is recognized

as a 501(c)(3) nonprofit organization.

The Fellows of the American Bar FoundationThe Fellows of the American Bar Foundation is an organization of lawyers, judges, law faculty, and legal scholars

who have been elected by their peers to become members of the Fellows because of their outstanding achievements

in the legal profession. The Fellows support the research work of the American Bar Foundation through their annual

contributions and sponsor seminars and events of direct relevance to leaders of the legal profession.

Introduction to the American Bar Foundation

Page 5: Annual Report - American Bar Foundation

www.americanbarfoundation.org • 2019 Annual Report 3

Officers and Directors of the American Bar Foundation 2018–2019Officers and DirectorsPresidentDavid S. HoughtonOmaha, NE

Vice-President E. Thomas Sullivan Burlington, VT

TreasurerWalter L. Sutton, Jr. Dallas, TX

Secretary Jimmy K. GoodmanOklahoma City, OK

Michael H. ByowitzNew York, NY

Jennifer Chacón Los Angeles, CA

Sandra J. ChanSanta Barbara, CA

Doreen D. DodsonSt. Louis, MO

George S. FrazzaNew York, NY

Robert J. Grey, Jr. Richmond, VA

Hon. Sophia H. HallChicago, IL

Kay H. HodgeBoston, MA

Harold D. PopeDetroit, MI

Lauren RobelBloomington, IN

Andrew M. SchpakPortland, OR

2019–2020Officers and DirectorsPresidentDavid S. HoughtonOmaha, NE

Vice-President E. Thomas Sullivan Burlington, VT

TreasurerWalter L. Sutton, Jr. Dallas, TX

Secretary Jimmy K. GoodmanOklahoma City, OK

Paula E. BoggsSammamish, Washington

Michael H. ByowitzNew York, NY

Jennifer Chacón Los Angeles, CA

Sandra J. ChanSanta Barbara, CA

Doreen D. DodsonSt. Louis, MO

George S. FrazzaNew York, NY

Robert J. Grey, Jr. Richmond, VA

Hon. Sophia H. HallChicago, IL

Harold D. PopeDetroit, MI

Lauren RobelBloomington, IN

Andrew M. SchpakPortland, OR

Ex OfficioRobert M. CarlsonPresident, American Bar Association 2018–2019

Judy Perry Martinez President-Elect, American Bar Association 2018–2019

William R. BayChair, House of Delegates, American Bar Association 2018–2020

Michelle A. BehnkeTreasurer, American Bar Association 2017–2020

Stephen N. ZackPresident, American Bar Endowment

Robert A. CliffordChair of the Council of the Fund for Justice and Education

Kimberly A. YurackoDean, Northwestern University Pritzker School of Law

The FellowsReginald M. Turner Chair

Ellen M. JakovicChair-Elect

Hon. Eileen A. Kato (Ret.)Secretary

Honorific—Non-Voting Rew R. GoodenowImmediate Past Chair – Fellows

Executive CommitteeDavid S. Houghton, Chair

Doreen D. DodsonJimmy K. GoodmanKay H. HodgeE. Thomas SullivanWalter L. Sutton, Jr.Reginald Turner

Ex OfficioJudy Perry Martinez President, American Bar Association 2019–2020

Patricia Lee Refo President-Elect, American Bar Association 2019–2020

William R. BayChair, House of Delegates, American Bar Association 2018–2020

Michelle A. BehnkeTreasurer, American Bar Association 2017–2020

Stephen N. ZackPresident, American Bar Endowment

Roberta D. LiebenbergChair of the Council of the Fund for Justice and Education

Kimberly A. YurackoDean, Northwestern University Pritzker School of Law

The FellowsEllen M. Jakovic Chair

Hon. Eileen A. Kato (Ret.)Chair-Elect

Cynthia E. NanceSecretary

Honorific—Non-Voting Reginald M. TurnerImmediate Past Chair – Fellows

Executive CommitteeDavid S. Houghton, Chair

Doreen D. DodsonJimmy K. GoodmanEllen M. JakovicE. Thomas SullivanWalter L. Sutton, Jr.

Page 6: Annual Report - American Bar Foundation

4 American Bar Foundation • www.americanbarfoundation.org

Fellows Research Advisory CommitteeMissionThe Fellows Research Advisory Committee

(FRAC) works with the Executive Director

of the ABF and the Officers of the Fellows

to organize the Fellows Research Seminars

each year and serves as a bridge between

the research program of the American Bar

Foundation and the profession, including

the practicing bar, the judiciary, and

legal education.

MembersAmelia H. BossSandra J. ChanDon S. De AmicisMichael E. FlowersSharon Stern GerstmanHon. Eileen A. Kato (Ret.), Chair Andrew Joshua MarkusPeter M. Reyes Jr.Kevin L. ShepherdMary L. Smith

Emeritus MembersJohn B. AttanasioN. Cornell Boggs IIIMichael H. ByowitzEllen J. FlanneryRew R. GoodenowEllen M. JakovicEarl Johnson, Jr.Denise R. JohnsonThomas E. KopilGraydon Dean Luthey, Jr.Robert E. Lutz IINorman Redlich*Delissa A. RidgwayMiriam ShearingViola J. TaliaferroReginald M. Turner

*Deceased

Anna Reosti shares her research with the Fellows Research Advisory Committee during the FRAC Meeting on Dec. 7, 2019.

Page 7: Annual Report - American Bar Foundation

www.americanbarfoundation.org • 2019 Annual Report 5

Past Presidents of the American Bar Foundation2016–2018 Ellen J. Flannery

2014–2016 David A. Collins

2012–2014 Hon. Bernice B. Donald

2010–2012 William C. Hubbard

2008–2010 Richard Pena

2006–2008 David K.Y. Tang

2004–2006 Robert O. Hetlage*

2002–2004 M. Peter Moser*

2000–2002 Jacqueline Allee

1998–2000 Kenneth J. Burns, Jr.*

1996–1998 Robert MacCrate*

1994–1996 John C. Deacon*

1992–1994 Robert W. Bennett

1990–1992 Wm. Reece Smith, Jr.*

1988–1990 H. William Allen

1986–1988 Randolph W. Thrower*

1984–1986 F. Wm. McCalpin*

1982–1984 Seth M. Hufstedler

1980–1982 John J. Creedon

1978–1980 Robert W. Meserve*

1976–1978 Bernard G. Segal*

1974–1976 Maynard J. Toll*

1971–1974 Hon. Erwin N. Griswold*

1968–1971 Lewis F. Powell*

1965–1968 Ross L. Malone*

1964–1965 William T. Gossett*

1960–1964 Whitney North Seymour*

1959–1960 John D. Randall*

1958–1959 Ross L. Malone*

1957–1958 Charles S. Rhyne*

1956–1957 David F. Maxwell*

1955–1956 E. Smythe Gambrell*

1954–1955 Loyd Wright*

1953–1954 William J. Jameson*

1952–1953 Robert G. Storey* (Elected the first president on November 21, 1952)

*Deceased

Page 8: Annual Report - American Bar Foundation

6 American Bar Foundation • www.americanbarfoundation.org

Since the 1950s, the American Bar Foundation (ABF) has been furthering its mission of

expanding knowledge and advancing justice. We continue to be among the world’s leading

research institutes for the study of law because of our longstanding commitment to serious

and sophisticated, empirical and interdisciplinary scholarship. In the pages that follow, we

highlight some of our achievements over the last year, from our innovative and influential

research and programming, to our tremendous success in development and fundraising, to

our accomplishments in providing non-partisan, independent research during challenging

times. None of this would be possible without our many supporters, including the American

Bar Endowment (ABE), the Fellows of the ABF—our global honor society of leading judges,

lawyers, and legal scholars—and numerous other organizations and individuals.

The ABF has an impact on scholarship and policymaking because of our impartial, non-

partisan research. As a result, our scholarship has been recognized by leading academic

organizations, policy analysts, and the popular press as exemplifying excellence in empirical

and interdisciplinary research. There are many examples of such research: our pathbreaking

work on legal education and the profession, including our After the JD study and our

analysis of diversity and inclusion in legal education; the ABF’s access to justice initiative

which explores how everyday Americans navigate their legal problems; our comparative

constitutional law research and our investigation of the plight of human rights lawyers in

China; and, of course, the ABF’s signature research on the disjuncture between the making

of formal law and its uneven and at times unfair implementation.

We are fortunate to have a robust and growing faculty of ABF scholars undertaking these

and other research projects. I am immensely grateful to serve alongside these friends and

colleagues, and I invite you to visit our website (www.americanbarfoundation.org) to learn

more about their work. But these talented scholars could not do their research without

the support of many organizations and individuals. In addition to the ABE and the ABF

Fellows, we are grateful for the financial assistance provided by several other organizations

including the National Science Foundation, the AccessLex Institute, and most recently the

JPB Foundation, which has provided us with a significant, multiyear grant to fund our new

Access to Justice Scholars program. We are also thankful to the many individual investors

in ABF research, led by William Neukom who continues to demonstrate both his generosity

and his dedication to the ABF.

Allegiance to serious, sophisticated, and objective research is especially important today.

In an age of hyper-partisanship when science and expertise are called into question,

ABF research shows that facts matter; that empirical data can shape effective laws and

policies; and that law and social science research can help us better understand the urgent

challenges confronting our society today. The ABF will continue to study these challenges.

But we can’t do it alone. Only with the support and backing of our friends and donors

are we able to invest in research and programming that expands knowledge and

advances justice. Thank you for such support.

Executive Director’s Letter:Ajay K. Mehrotra

Page 9: Annual Report - American Bar Foundation

www.americanbarfoundation.org • 2019 Annual Report 7

The ABF Welcomes Three New Research ProfessorsIn 2019, the ABF appointed three scholars to the position

of Research Professor. Tera Agyepong, Anna Reosti, and Christopher Schmidt join the other residential

ABF Research Professors in serving the legal profession,

the academy, and the public through empirical and

interdisciplinary research and programs that advance

justice and the understanding of law.

With expertise ranging from inequality in housing to

race and juvenile justice to constitutional law and history,

the ABF’s newest faculty members bring a range of

intellectual perspectives to the American Bar Foundation.

Professor Reosti joins the ABF as a full-time Research

Professor, and Professors Agyepong and Schmidt will be

joint appointees, a cooperative effort between the ABF

and local Chicago universities to leverage their skills

as both scholars and educators.

Agyepong is an Associate Professor of Legal History

and African American History at DePaul University.

She studies the intersection of race, gender, history,

and the law, paying particular attention to how

historical processes of constructing race and gender

have shaped the evolution of criminal and juvenile

justice laws. Last year, she authored the award-winning

book, The Criminalization of Black Children: Race, Gender,

and Delinquency in Chicago’s Juvenile Justice System,

1899-1945.

Before joining the ABF, Reosti was a Post-Doctoral

Weinberg Fellow in Legal Studies at Northwestern

University’s Center for Legal Studies. Her scholarship

explores law’s relation to inequality in the criminal

justice and housing settings, and she is currently

investigating the consequences of modern background

screening practices for rental housing access and

discrimination.

Schmidt studies U.S. legal and constitutional history,

with a focus on the relationship between intellectual

history, social movements, and constitutional change in

the twentieth century. He is an Associate Professor of Law,

at Chicago-Kent College of Law. In 2018, he authored the

book The Sit-Ins: Protest and Legal Change in the Civil Rights

Era, which was a finalist for the 2018 David J. Langum,

Sr. Prize in American Legal History.

“It is a great pleasure to welcome these three

outstanding scholars to our community of Research

Professors,” said ABF Executive Director Ajay K. Mehrotra.

“Each of them will help us build on research strengths

and broaden our scholarly profile at the ABF.”

Highlights

ABF Research Professor Anna Reosti

ABF Research Professor Christopher Schmidt

ABF Research Professor Tera Agyepong

Page 10: Annual Report - American Bar Foundation

8 American Bar Foundation • www.americanbarfoundation.org

HighlightsNew Book Sheds Light on Life-and-Death Decisions in Intensive CareA new book by sociologist and ABF Research Professor

Susan P. Shapiro explores how loved ones navigate life-

and-death medical and legal decisions for patients who

are unable to speak for themselves. Speaking for the Dying:

Life-and-Death Decisions in Intensive Care draws on daily

observations over more than two years in two intensive

care units in a diverse urban hospital to tell the story

of how the end-of-life trajectories take shape and

change course.

Seven in ten Americans over the age of sixty who

require medical decisions in the final days of their lives

lack the capacity to make them. For many people, the

most significant life-and-death decisions of their lives

will be made by someone else. Loved ones will decide

whether patients live or die; between long life and quality

of life; whether patients receive heroic interventions in

their final hours; and whether they die in a hospital or at

home. They will determine whether wishes are honored

and choose between fidelity to the patients’ interests and

what is best for themselves or others. Yet despite their

critical role, little is known about how these friends and

family members make decisions for their loved ones.

From bedsides, hallways, and conference rooms,

Speaking for the Dying reveals how physicians really talk

to families and how they respond. The book uncovers

how decision-makers are selected, the interventions they

weigh in on, and the information they seek and evaluate.

It also illuminates the values and memories they draw

on, the criteria they weigh, the outcomes they choose,

the conflicts they become embroiled in, and the

challenges they face.

Observations provide insight into why some

decision-makers authorize one aggressive intervention

after the next, while others do not—even on behalf

of patients with similar problems and prospects. And

they expose the limited role of advance directives in

structuring the process decision-makers follow or the

outcomes that result.

“Professor Shapiro’s new book should be required

reading for anyone interested in understanding the

complex decision-making processes that families

and friends go through in choosing among medical

alternatives for their loved ones, and the role that law

plays in shaping those decisions,” said Mehrotra. “It

exemplifies the type of innovative, rigorous empirical

research that sets the American Bar Foundation apart.”

ABF Research Professor Susan P. Shapiro appears on WTTW Chicago Tonight to discuss her book Speaking for the Dying: Life-and-Death Decisions in Intensive Care on July 8, 2019.

Page 11: Annual Report - American Bar Foundation

www.americanbarfoundation.org • 2019 Annual Report 9

“This book is simply a tour de force,” said Kristi

L. Kirschner, M.D., Clinical Professor at the University

of Illinois College of Medicine. “Shapiro’s superb

ethnographic research fills in the black box of what

actually happens in the Intensive Care Unit setting when

difficult decisions must be made for critically ill patients.

It is a must-read for health professionals and for anyone

likely to serve as a surrogate decision-maker for a loved

one at some point. In other words, for all of us.”

Research Professor Bernadette Atuahene Receives the Soros Equality FellowshipBernadette Atuahene, ABF Research Professor and

Professor of Law at Chicago-Kent College of Law, Illinois

Institute of Technology, was awarded a 2019 Soros Equality

Fellowship by the Open Society Foundations in September

2019. The Soros Equality Fellowship program, founded in

2017, supports innovators and risk-takers striving to create

and develop new ways of tackling the systemic causes

and symptoms of racial disparity and discrimination.

Beyond nurturing their specific projects, the support

aims to create new ideas in the racial justice movement.

The 2019 class of Soros Equality Fellows are a diverse

group of artists, advocates, lawyers, and organizers whose

work inspires advances in racial justice and equality in

the United States. The 2019 class features 18 Fellows,

including Atuahene, all from different communities and

regions of the country, who bring a wide range of tools

to bear on the program’s core mission. Each of the Soros

Equality Fellows will receive stipends of $100,000 over

18 months.

Atuahene is a prominent scholar whose research

deals with the confiscation and restitution of property.

She plans to use the award to build on her academic

research by creating a comprehensive guide and user-

friendly, interactive information hub that communities

can use to fight back against racially discriminatory

property tax information.

“I am honored that the Open Society Foundations

decided to support my work on racially discriminatory

property administration, which has been silently

depleting the wealth of black and brown communities,”

says Atuahene. “It must stop now!”

“We congratulate Bernadette on this well-deserved

honor,” said Mehrotra. “She truly embodies all of the

core ideals of the Soros Equality Fellowship, and we

look forward to her continued contributions as she

works to expand knowledge and advance justice.”

1. ABF Research Professor Susan P. Shapiro speaks with Kristi L. Kirschner, MD at Seminary Co-op Bookstore during a book event for Speaking for the Dying on Dec. 4, 2019.

2. ABF Research Professor Bernadette Atuahene1

2

Page 12: Annual Report - American Bar Foundation

10 American Bar Foundation • www.americanbarfoundation.org

Examining Legal Technology for Non-LawyersA report released by ABF Faculty Fellow Rebecca Sandefur

surveys the rapidly developing field of legal technologies

for non-lawyers. Created with funding from Open Society

Foundations, Legal Tech for Non-Lawyers: Report of the Survey

of U.S. Legal Technologies examines an expansive list of

over 320 digital tools that help a range of users to act

on a legal problem.

Each year, tens of millions of Americans face justice

problems that have potentially wide-ranging impacts

on core areas of life, including livelihood, shelter, care

and custody of minor children, neighborhood safety, and

environmental conditions. Most of these issues do not

reach the justice system and receive little attention from

any sort of legal professional. Legal Tech for Non-Lawyers

assesses how legal technology tools can assist people

who do not practice law in dealing with these sorts of

challenges. It focuses on bridging the access to justice

gap for low-income communities and others who have

restricted access to law and legal services.

The report identifies an extensive number of tools

that aim to aid both individual users and those who

work with the public on a range of criminal and civil

justice problems. Tools described in the report specialize

in areas from criminal to civil rights to employment

to health. Though no single tool offers a “one-stop

shop” for every kind of justice issue, most try to ease

the experience of dealing with justice barriers for

non-lawyers by providing legal information, offering

connections to lawyers, or facilitating legal actions

for users.

Although these tools offer resources to non-lawyers

in dealing with justice concerns, many of them reflect

outdated design standards, are limited in services they

provide, and only partially match the type of justice

issues most commonly reported by Americans. The report

found that there is currently a substantial mismatch

between the services offered by the legal tools and the

services people need, with barriers to use that include

language, literacy, and the cost of internet data access.

The result of this is that the same groups that often

cannot access traditional legal services, such as people

with lower incomes or less education, are also less

likely to be able to use many existing tools that would

otherwise be available to them.

Highlights

Rebecca Sandefur shares findings from her report, Legal Tech for Non-Lawyers: Report of the Survey of US Legal Technologies, during the Fellows CLE Research Seminar “Maybe There’s an App for That: New Legal Technologies, Access to Justice, and the Changing Practice of Law” at the ABA Midyear Meeting in Las Vegas, Nevada on January 26, 2019.

1

Rebecca L. Sandefur, with the assistance of Alice Chang, Taemesha Hyder, Sajid Khurram,

Elizabeth Prete, Matthew Schneider, and Noah Tate.

LEGAL TECH FOR NON-LAWYERS: REPORT OF THE SURVEY OF US LEGAL

TECHNOLOGIES

Page 13: Annual Report - American Bar Foundation

www.americanbarfoundation.org • 2019 Annual Report 11

Convening the Future of Latinos Southern RoundtableThe ABF’s Future of Latinos Southern Regional

Roundtable was held at Duke University School of Law

on Nov. 1-2, 2019. The Roundtable focused on Latinx

communities in the southern United States and was

one of five regional symposia and roundtables under

the ABF’s project, The Future of Latinos in the United States:

Law, Opportunity, and Mobility.

Roundtable participants consisted of academics,

representatives of foundations, community and social

service providers, emerging leaders, policymakers, and

journalists, among others. Participants examined four

key drivers of opportunity and mobility: education,

economic participation, political mobilization and

civic engagement, and immigration.

The Future of Latinos research project is devoted

to understanding the current condition of the Latinx

communities in the United States, the structural barriers

that impede full equality and integration for this growing

population, and the sites of intervention that promise

to be most effective in promoting opportunity and

mobility through law and policy.

A group of nationally recognized scholars leads

the project under the direction of co-directors Rachel F. Moran and Robert L. Nelson. Moran was the ABF’s

inaugural William H. Neukom Fellows Research Chair

in Diversity and is a Law Professor at University of

California, Irvine, School of Law. Nelson is ABF Director

Emeritus and the MacCrate Research Chair in the Legal

Profession at the ABF and Professor of sociology and law

at Northwestern University.

Keynote presentations at the Roundtable included

Professor Luz Herrera (Texas A & M University), Dr. Pilar

Hernández Escontrías (UC Irvine), Dr. Douglas Massey

(Princeton University), Dr. Amelie Constant (Princeton

University), and Dr. Perla Guerrero (University of

Maryland).

The Southern Roundtable was the fourth in a series

of events hosted by the American Bar Foundation’s Future

of Latinos program. The first took place in Chicago in June

2016, the second at Yale Law School in April 2017, and the

third was held in Miami at the Miami Dade Community

College in March 2018. The ABF will also host a roundtable

focused on the western United States at the University

of California, Irvine School of Law.

1. Attendees gather at Duke University School of Law for the two-day Future of Latinos Southern Roundtable on November 1-2, 2019 (Photo courtesy of the Duke University School of Law).

2. (L-R): ABF Research Professor and Future of Latinos Co-Director Robert L. Nelson, UC Irvine Law Professor and Future of Latinos Co-Director Rachel F. Moran, Duke University Law Professor Trina Jones, James B. Duke and Benjamin N. Duke Dean of the School of Law and Professor of Law Kerry Abrams, and ABF Executive Director Ajay K. Mehrotra, at the Future of Latinos Southern Roundtable.

1

2

Page 14: Annual Report - American Bar Foundation

12 American Bar Foundation • www.americanbarfoundation.org

The Southern Roundtable was supported by the ABF,

Duke University’s Office of the Provost, Duke Law School,

the Duke Center on Law, Race and Politics, Duke’s Office

for Institutional Equity, Duke’s Council on Race and

Ethnicity (DCORE), and the Samuel DuBois Cook Center

on Social Equity at Duke.

Neukom Chair Examines Race and Police Violence and Critical Race JudgementsDevon W. Carbado was appointed as the American

Bar Foundation’s 2018-19 William H. Neukom Fellows Research Chair in Diversity and Law. He is the former

Associate Vice Chancellor of BruinX for Equity, Diversity

and Inclusion and the honorable Harry Pregerson professor

of law at University of California, Los Angeles (UCLA)

School of Law.

Carbado writes in the areas of employment

discrimination, criminal procedure, constitutional law,

and identity and is currently working on a series of

articles related to race, law, and police violence. He is

the author of “Acting White? Rethinking Race in ‘Post-Racial’

America” (with Mitu Gulati) (Oxford University Press) and

the editor of several volumes, including “Race Law Stories”

(with Rachel Moran) (Foundation Press); “The Long Walk to

Freedom: Runaway Slave Narratives” (with Donald Weise)

(Beacon Press); and “Time on Two Crosses: The Collective

Writings of Bayard Rustin” (with Donald Weise) (Cleis Press).

During his year as the Neukom Fellows Research

Chair, Carbado worked on two research projects. The

first was a book entitled The 4th: From Stop and Frisk to

Shoot and Kill with One Amendment. An examination of

race and police violence, the book focuses on how a

particular area of Fourth Amendment law—stop-and-

frisk jurisprudence—facilitates police violence against

African Americans.

The second book, Critical Race Judgements: Rewritten

Court Opinions on Race, is part of a broader effort to

reimagine past court decisions from a range of scholarly

perspectives. This book is an edited volume with Bennet

Capers, Angela Onwuachi-Willig, and Robin Lenhardt.

Highlights

1. Devon Carbado, the 2018-2019 ABF William H. Neukom Fellows Research Chair in Diversity and Law

2. Devon Carbado, ABF William H. Neukom Fellows Research Chair in Diversity and Law and UCLA Professor of Law, presents his research during the Fellows CLE Research Seminar on Aug. 9, 2019 entitled “Race, Law, and the Mind Sciences: The Many Implications of Implicit Bias.”

3. Participants in the Access to Civil Justice workshop gather at the American Bar Foundation on June 14, 2019.

1

2

3

Page 15: Annual Report - American Bar Foundation

www.americanbarfoundation.org • 2019 Annual Report 13

Access to Civil Justice Workshop at the ABFThe ABF hosted a workshop on access to civil justice

on June 13-14, 2019, bringing together a diverse group

of scholars to identify the major research questions

that should guide the next stages of access to justice

scholarship.

ABF Faculty Fellow Rebecca Sandefur and Visiting

Scholar Alyx Mark organized the workshop as part of a

National Science Foundation-funded project to revitalize

the field of access to civil justice. It sought to identify

scholars engaged in relevant scholarship to work together

to chart the agenda for the next generation of access to

justice research.

The workshop was designed to build a research

field concerning access to civil justice. By coordinating

collaboration across academic disciplines, identifying a

research agenda, and promoting original scholarship, the

workshop sought to give access to justice research the

vigor and definition of a field. Activities supported the

development of research projects by promising scholars

working in this interdisciplinary area.

Invited scholars had research that is theoretically

informed and empirically explores any aspect of civil

justice. Researchers sought to understand what kinds

of civil justice situations people encounter, how people

think about and handle those situations, the results they

receive, and how civil justice problems and experiences

affect individuals, communities, and larger society. Their

research examined disparities or inequalities in different

groups’ experiences or perspectives, in the design of civil

justice institutions, or in the work of those who seek to

address civil justice problems.

Continuing the Commitment to the Next Generation of ScholarsIn June 2019, the ABF hosted the inaugural ABF Doctoral

Fellows Alumni Workshop. This day-long workshop

aimed to build a scholarly community for former ABF

Doctoral and Postdoctoral Fellows who are currently

1. Current and former ABF Doctoral and Post-Doctoral Fellows are pictured during the ABF Doctoral Fellows Alumni Workshop, held at the ABF in June 2019.

2. ABF Research Professor John Hagan speaks during the ABF Doctoral Fellows Alumni Workshop. The workshop featured professional development and advice for junior scholars in order to foster a network among alumni across disciplines.

2

1

Page 16: Annual Report - American Bar Foundation

14 American Bar Foundation • www.americanbarfoundation.org

Highlightsjunior scholars, including post docs, visiting assistant

professors, or assistant professors. The workshop

included professional development and fostered

collegial networks among ABF Doctoral Fellow alumni

across disciplines in the Law and Society field.

The ABF welcomed a new cohort of Doctoral

Fellows with wide-ranging and interdisciplinary research

interests: Jessica Lopez-Espino, ABF Doctoral Fellow in

Law and Inequality; Elizabeth Bodamer, ABF/AccessLex

Doctoral Fellow in Legal and Higher Education; and

Ari Tolman, ABF/Northwestern University (NU)

Doctoral Fellow.

Lopez-Espino’s dissertation, “Anxieties of

Ethnolinguistic Disorder: Adjudicating the Right to

Parent,” analyzes the interactions between parents and

court actors involved in child maltreatment hearings

to determine how ideologies of parenthood shape legal

evaluations of low income parents’ ability to successfully

parent and maintain custody of their children. Her work

draws on anthropology of law, linguistic anthropology,

and critical race theory to explore the particular

experiences of Spanish-dominant Latinx litigants in

juvenile courts, the growing trend of Latinx involvement

in child welfare, and the role of language access in

litigating the rights of parents in juvenile courts.

Bodamer’s dissertation, “The Balancing Act: The

Experiences of Minoritized Students in Law School,” uses

quantitative data to examine how experiences of bias,

discrimination, diversity, and support systems affect

law students’ sense of belonging. Tolman’s dissertation,

“Criminal Prosecution of Prisoners with Mental Illness,”

examines the scope, frequency and process by which

prisoners with mental illness are charged with new

crimes while incarcerated in the United States.

The ABF also welcomed a new cohort for the

Undergraduate Research Diversity Fellowship in

Law and Social Science. The fellowship welcomes

outstanding students from across the country to join

the ABF’s intellectual community and gain an in-depth

introduction to the rewards and demands of a research-

oriented career in the fields of law and social science.

Students from diverse backgrounds who demonstrate

academic excellence and a keen interest in law and

social science are encouraged to apply. Each year, four

exceptional individuals are chosen as fellows.

The 2019 Undergraduate Research Diversity

Fellows were Mariah Dozé (Emory University),

Lisette Gonzalez-Flores (University of Chicago),

Nya Hardaway (Washington University), Evan Zhao

(University of Chicago).

2. The current 2019 Undergraduate Research Diversity Fellows meet with former fellow Ryan Green (URDF 2000), who is now Chief of Staff to the President of Chicago State University. (L-R): Mariah Dozé, Ryan Green, Evan Zhao, Nya Hardaway, and Lisette Gonzalez-Flores.

1. The 2019 Undergraduate Research Diversity Fellows (L-R): Mariah Dozé, Evan Zhao, Nya Hardaway, and Lisette Gonzalez-Flores.

1

2

Page 17: Annual Report - American Bar Foundation

www.americanbarfoundation.org • 2019 Annual Report 15

Learning and Practicing Law

Portrait Project 2.0Asian Americans are a growing presence in all sectors of

the legal profession. They work in BigLaw and in smaller

firms and solo practice, and as government attorneys,

corporate counsel, prosecutors, public defenders, judges,

and more. But they fall short in attaining leadership

positions and have the highest attrition rates from major

law firms. Research has not substantially studied the

many ways in which Asian American lawyers and law

students struggle and thrive, and the unique incentives

and constraints that shape their career paths.

With pioneering support from National Asian Pacific

American Bar Association (NAPABA) and Yale Law School,

the first phase of the 2017 Portrait Project study resulted

in a widely-circulated report that revealed that while

Asian Americans have entered every facet of the legal

profession, they are underrepresented in top leadership

positions across all sectors.

Portrait Project 2.0 is a deeper exploration of the

empirical underpinnings of the current challenges faced

by the Asian American legal community. Using surveys,

focus groups, and data from the ABF’s After the JD study

and other existing studies, the research will focus initially

on the following questions:

• What explains the recent decline in Asian-American

enrollment at U.S. law schools?

• Why do minority law students fail to get clerkships

in proportion to their numbers at top law schools?

• What accounts for the high attrition rates of Asian

Americans at law firms?

• What challenges and opportunities do Asian

American attorneys encounter within corporate

legal departments?

This project is supported by the National Asian Pacific

American Bar Association (NAPABA), Asian American Bar

Association– Greater Bay Area, Asian Pacific American Bar

Association—Silicon Valley, Northwestern Pritzker School

of Law, Oscar M. Ruebhausen Fund at Yale Law School,

Davis & Polk, Arnold & Porter, Latham and Watkins,

Anonymous, Asian American Bar Association of New

York, Silvia Chin, and the Asian American Law Fund

of New York.

The Future of LatinosInaugural ABF Neukom Chair Rachel F. Moran and ABF

Research Professor Robert L. Nelson co-direct the major

research and planning initiative, The Future of Latinos in

the United States: Law, Opportunity, and Mobility. The Future

of Latinos is a nation-wide, interdisciplinary project

dedicated to understanding and advancing research on:

• The current condition of Latinx communities in

the United States.

• The structural barriers that impede full equality

and integration for this emerging population.

• The sites of intervention that promise to be most

effective in promoting opportunity and mobility

through law and policy.

Since its launch in 2015, the initiative has convened

leading national policy makers and experts for a series

of national roundtable events focused on identifying

existing research and resources, understanding social

and legal barriers to opportunity, developing reform

recommendations that support full integration and

inclusion, and cultivating a new generation of young

Latinx leaders. In 2019, the ABF convened leading

members of the Latinx community at Duke University

for a Southern Roundtable.

After the JD StudyThe ABF long has been recognized as the leading source

of research on legal education and the profession. One

of the ABF’s hallmark projects in this area is After the

JD (AJD), the first national study of legal careers. AJD is

following a large national sample of lawyers admitted to

the bar in 2000 over the first decade-plus of their careers,

providing a unique source of information on the changing

nature of legal careers. Data collection has been done in

three waves, and analysis on this rich sample continues.

Research at the ABF is conducted by a residential research faculty and over fifty affiliated scholars

from across the nation and the world. The ABF has been recognized as a thought leader and a source

of research that is shaping law and policy. The findings from ABF research presented below are

representative, but by no means exhaustive, of ABF’s collective research efforts and achievements.

Research Program

Page 18: Annual Report - American Bar Foundation

16 American Bar Foundation • www.americanbarfoundation.org

In 2019, ABF Research Professor Robert Nelson, ABF-

affiliated scholar Ioana Sendroiu, ABF Faculty Fellow Ronit

Dinovtizer, and ABF Research Social Scientist Meghan

Dawe published the article “Perceiving Discrimination:

Race, Gender, and Sexual Orientation in the Legal

Workplace” in Law & Social Inquiry. The article analyzed

survey responses from the After the JD study and found

that perceived discrimination on the basis of race, gender,

and sexual orientation remains pervasive in the legal

workplace despite efforts of bar leaders to eliminate

discrimination from the legal profession. Findings from

the article include:

• Attorneys of color, white women, and LGBTQ

attorneys perceive high levels of workplace

bias compared to white male attorneys and

to respondents in other workplace studies.

• Female attorneys in every racial and ethnic group

reported higher levels of discrimination than their

male counterparts, ranging from 50% of African

American women to 30% of white women.

• 42% of African American male attorneys reported

workplace discrimination. Studies of African

American workers across all occupations find

that 28% report discrimination at work.

• LGBTQ men were nearly twice as likely as non-

LGBTQ men to report discrimination at 29% vs. 16%.

The Rise of Lawyer Activism in ChinaABF Research Professor Terence C. Halliday and ABF

Faculty Fellow Sida Liu spent more than a decade

researching the work of Chinese criminal defense

lawyers and their struggle for basic legal rights under

an authoritarian state. They found significant evidence

that a small but critical proportion of China’s criminal

defense lawyers are strongly critical of the country’s

current illiberal political society and legal system. They

are committed to values and practices that are intended

to produce a moderate state and vibrant civil society

which will produce and protect basic legal freedoms

and political rights in China. Their present study turns

from the earlier study of everyday lawyering to intensive

research on leading activist lawyers. It asks: Are elite

criminal defense and human rights lawyers part of a

wider emerging network of lawyer-activists that has

structural capacities for mobilizing domestically and

internationally on behalf of legal change in China?

The Financing of Legal EducationThe American Bar Association’s Task Force on Legal

Education examined the student costs associated

with legal education, specifically educational debt and

financial aid and scholarships. The task force’s consultant

and reporter, ABF Research Professor Stephen Daniels, has

been continuing the work of the task force by analyzing

existing data and collecting additional materials on the

changing dynamics of legal education. The project’s

objective has three main components:

• Explore questions on patterns and changes

surrounding the financing of legal education over

time, including enrollment, applications, tuition,

and employment outcomes for graduates.

• Gather student-level data from the annual

LSSSE (Law School Survey of Student Engagement)

surveys and other sources to explore patterns and

changes related to students and their views on legal

education, key services provided by schools, and

information on students themselves.

• Gather information from law school websites

and other sources to explore recent changes and

innovations in response to the changing law school

environment.

After TenureThis research, led by ABF Research Professor Elizabeth

Mertz in collaboration with colleagues Frances Tung

and Katharine Barnes, is the first in-depth examination

of the lives of post-tenure law professors in the United

States. Post-tenure law professors play an important

role in the American legal system by directing the initial

screening and training of lawyers. Legal academics can

also directly affect the conceptualization of national and

local legal issues through their scholarship, or through

their own personal involvement as advocates, judges, or

government officials. In addition to its contribution to our

knowledge of law professors, the study also speaks to a

larger body of literature on both the legal profession and

the academy. The study involved a national survey of over

1,000 of these professors and follow-up interviews with

100 of the survey participants.

In their analysis of the experiences of these tenured

law professors, Mertz and her colleagues have found that:

• Nearly 39% of U.S. tenured law professors teach

in the 50 top-ranked law schools in the country, as

compared to the remaining three tiers (comprising

129 additional schools). Most law professors (60%)

teach in private institutions.

• Educational levels of the mothers of professors of

color and white women tended to be higher than

those of white men.

Research Program

Page 19: Annual Report - American Bar Foundation

www.americanbarfoundation.org • 2019 Annual Report 17

• The vast majority of professors reported feeling

respected and comfortable in their teaching positions,

with 96% feeling respected by students and 98%

feeling comfortable in the classroom.

• Despite the fact that most tenured law professors

expressed overall satisfaction with their work lives,

female professors and professors of color reported

differentially negative experiences.

Protecting Rights, Accessing Justice

Science and the Legal SystemABF Research Professor Shari Seidman Diamond’s

research with Richard O. Lempert considers the

relationship between scientists and engineers and

the legal system. More specifically, this project seeks

to understand how scientists have experienced their

interactions with the legal system. Surveys and in-depth

interviews have yielded a wealth of findings, including

the following:

• Most of the scientists and engineers surveyed agreed

to participate in lawsuits when asked, more often for

educational and moral reasons than financial.

• If the scientists and engineers refused to participate

in lawsuits when asked, it was mainly because they

lacked the time or relevant expertise.

• Some of the scientists and engineers reported being

uncomfortable with adversarial legal proceedings

and would be more likely to participate in the future

if procedural changes were made.

—These changes include having the opportunity

to meet with an opposing trial expert and write a

mutual report and being able to serve as an expert

appointed by the judge instead of on behalf of a

certain legal party.

Conceptualizing Property Takings ABF Research Professor Bernadette Atuahene links the

unconsented taking of property with the deprivation

of dignity. Among other things, the research aims to

further understand the relationship between property

and dignity and extends the analysis to the case of

squatting.

Using the concept of a “dignity taking,” linking

the unconsented taking of property rights with the

deprivation of dignity which Atuahene has explored

previously, this research project seeks to further

understand the relationship between property and

dignity and extends the earlier analysis to the case of

squatting. Among other things, the research will help

illuminate why some populations choose to squat

instead of pursuing alternative accommodations,

and how these risky and illegal actions may enhance

or degrade their dignity.

In 2019, Atuahene received a Soros Equality

Fellowship for her work. She also took part in a

congressional field hearing in Detroit centered on

affordable housing, hosted by U.S. Representative

Rashida Tlaib. During the meeting, Atuahene noted,

“This is a Detroit problem. This is a Michigan problem.

This is a national problem.”

Legal Tech for Non-LawyersABF Faculty Fellow Rebecca Sandefur leads the ABF’s

Access to Justice research initiative. Her latest report,

Legal Tech for Non-Lawyers: Report of the Survey of U.S. Legal

Technologies, examines an expansive list of digital tools

that help a range of users to act on a legal problem. Legal

Tech for Non-Lawyers assesses how legal technology tools

can assist people who do not practice law in dealing

with legal challenges, with a focus on bridging the access

to justice gap for low-income communities and others

who have restricted access to law and legal services.

Her findings reveal:

Page 20: Annual Report - American Bar Foundation

18 American Bar Foundation • www.americanbarfoundation.org

• Over 320 digital legal tools for nonlawyer users

exist for US jurisdictions, offering assistance with

a range of both criminal (e.g., arrest, police stops,

expungement) and civil (e.g., family, housing, health,

employment) justice problems.

• Just over half of tools (52%) assist the user in taking

some action on a justice problem, such as producing

a legal document, compiling evidence, diagnosing a

legal problem, or resolving a dispute.

• Using many of the tools requires resources or

capabilities that some groups and communities are

unlikely to have. The same groups often unable to

access traditional lawyer assistance—such as people

with low incomes, racial minorities, and people with

lower levels of education—are also less likely to be

able to use digital tools.

Sandefur conducted the study with the assistance of

Alice Chang, Taemesha Hyder, Sajid Khurram, Elizabeth

Prete, Matthew Schneider, and Noah Tate. Funding for

the Survey came from the Open Society Foundations.

Employment DiscriminationResearch conducted by ABF Research Professors Laura

Beth Nielsen and Robert L. Nelson, with ABF Affiliated

Scholar and University of Toronto Sociologist Ellen

Berrey, illustrates how employment civil rights litigation

entrenches patterns of discrimination in and out of the

workplace. Though significant legislative and judicial

progress has been made, workplace discrimination

based on race, gender, age, and disability persists.

The research reveals the ways that employment

civil rights litigation can underscore existing systems

of privilege. The research exposes how many plaintiffs

struggle to obtain a lawyer as a result of structural

inequalities and lawyer biases. The investigators found:

• 23% of workplace discrimination cases are filed

without a lawyer, or pro se. Cases filed pro se are

dismissed at a rate of 40%, compared to 11% for

cases with attorneys.

• African Americans are 2.5 times more likely than

white plaintiffs to file employment discrimination

cases pro se. Other racial minorities, including

Hispanics and Asians, are 1.9 times more likely

to file pro se than their white counterparts.

• Lack of information about the legal system, lack of

trust in lawyers and their motives, and lack of time

and resources to go through the arduous process of

searching for a lawyer are all “bottom up” factors that

contribute to the disparity in representation.

Parental IncarcerationResearch is being carried out at the ABF examining the

effects of mass incarceration on individuals, families

and communities. With funding from the National

Science Foundation, ABF Research Professor John Hagan

is engaged in a multi-phase research project examining

the social effects of mass incarceration and the impact of

parental incarceration on children. According to Hagan’s

research, approximately 700,000 inmates return to their

families and communities from prison and half of these

former prison inmates reentering society are parents.

The project has revealed:

• More than 3 million American children have an

incarcerated parent.

• The overall U.S. college graduation rate of 40%

drops to 1-2% among children of mothers who

are imprisoned and to about 15% for children of

imprisoned fathers.

• Even if their own parents are not imprisoned,

when children go to schools where 10-20% of other

parents are imprisoned, the college graduation rate

drops by half.

Policing and Political ParticipationPolicing and police misconduct have been important

topics in the news as well as for legal scholars and social

scientists over the past few years. However, despite the

prominence of policing on the national agenda, scholars

still know very little about the extent to which police act

in ways that are contrary to the public good and public

safety. Primarily, this lack of information stems from a

lack of data and analytical techniques that can be used to

examine policing. This project is designed to address this

important dearth of information. ABF Research Professor

and political scientist Traci Burch has begun to identify

and collect existing data on policing in order to develop

measures of “problem policing.” This project is the first

to attempt to measure multiple forms of problematic

policing and to examine their effects both separately

and simultaneously on political participation.

Preliminary results from St. Louis, Missouri indicate

that voting precincts that experience higher rates of

police stops vote at lower rates, even after accounting

for precinct differences in socioeconomic status, race,

and crime.

The Probative Versus Prejudicial Effect of Gruesome Photographs in CourtLawyers, judges, and juries are faced with a barrage

of evidence and arguments displayed in visual form—

Research Program

Page 21: Annual Report - American Bar Foundation

www.americanbarfoundation.org • 2019 Annual Report 19

sometimes gruesome in nature. Advances in hand-

held video technology have made it commonplace for

accidents and crimes to be visually recorded. In the past

decade, the use of visual evidence and arguments during

legal proceedings has exploded, but empirical research

on the effects of these tools for visual meaning making

has barely begun. Trials have always been battles over

competing stories, but now these stories are being told

through displays on courtroom screens. Courtroom

images can influence beliefs, emotions, and judgments

in ways that have never been empirically examined. This

project will investigate how these emotionally evocative

modes of visual evidence can affect the psychology of

jurors’ decision-making processes, through influence on

emotions, attention to evidence, and legal judgments at

the individual and group level

ABF Research Professor Janice Nadler and her

colleagues are undertaking a set of experiments that

represents a theoretically driven and nuanced evaluation

of how and why emotionally evocative photographs

affect guilt and punishment judgments. Nadler and

her team will:

• Examine the extent to which gruesome photographs

(as opposed to verbal descriptions or neutral

photographs) rouse negative emotion, causing jurors

to pay more selective attention to case evidence that

is consistent with their emotions and away from

evidence that is not consistent with them.

• Test legal safeguards such as substituting black

and white photographs.

• Examine the practice of instructing the jury on the

potentially prejudicial influence of photographs.

• Examine the dynamic of group deliberation.

Making and Implementing Law

Surrogate Decision MakingABF Research Professor Susan Shapiro, using

unprecedented data from two years of observation

in two intensive care units at a diverse urban hospital,

examined how surrogate decision makers make

medical—often end of life—decisions for patients

unable to speak for themselves.

In 2019, Shapiro published a book based on these

findings. Speaking for the Dying: Life-and-Death Decisions

in Intensive Care used real-time observations of medical

decision making to offer a very different perspective on

the effectiveness of advance medical directives than that

suggested in previous research based on retrospective

accounts. In particular, Shapiro finds:

• Medical advance directives are of limited value as

few people have them, and those that exist are often

ignored by decision makers and physicians.

• Advanced directives are not followed for a variety

of reasons, including:

—the directive not being in the patient’s chart.

—the directive not accurately reflecting the

patient’s wishes.

—the directive being too abstract to provide

meaningful guidance.

—the surrogate decision makers not following

the directive.

• At present, given the limitations of advance

directives, the best protection for potential patients is

to hold ongoing conversations with a family member

who is designated to be aware of the patient’s wishes

and to honor them.

Page 22: Annual Report - American Bar Foundation

20 American Bar Foundation • www.americanbarfoundation.org

Legal Defenses Against Democratic Decline ABF Research Professor Tom Ginsburg and his University

of Chicago Law School colleague Aziz Huq explore how

democracies erode and how to better uphold democratic

values by drawing on historic lessons and recent

experiences of democratic decline worldwide. Their

co-authored book, How to Save a Constitutional Democracy,

investigates the two main pathways that can lead a

nation away from democracy:

• Authoritarian collapse, which is defined as the

sudden and complete collapse into an authoritarian

form of government, and

• Democratic erosion, which occurs when the rule

of law, individual rights and competitive elections

decay slowly over time.

The book offers a wealth of examples from around the

world to demonstrate how, in practice, constitutional

rules can both deter and accelerate decline. From Latin

America to Eastern Europe, democracies have been

susceptible to a single political party that eliminates

political competition or would-be autocrats who have

found ways to manipulate the system by undermining

the checks and balances of the federal government, a

robust civil society and media and individual rights.

Using these examples, the authors mount an urgent

argument against complacency and for constitutional

reform. They make the case that while the U.S.

Constitution has endured for centuries, it does not

contain the necessary provisions to slow down any

potential autocrat or eroding political competition

that is bent on dismantling the republic.

Economics of Human PotentialABF Research Professor James J. Heckman is engaged

in a multi-year study of the economics of human

potential. His research has shown that investments

in early education and healthcare for disadvantaged

children from birth to age 5 helps increase the

likelihood of healthier lifestyles. Heckman has shown

that disadvantaged children who receive quality early

healthcare and education are more likely to demonstrate

self-control, follow doctors’ instructions and lead

healthier lives as adults.

Heckman has also demonstrated that early

childhood education helps lower the crime rate, reduce

the achievement gap, and reduce the need for special

education.

In late 2019, Heckman released a new co-authored

paper, The Life-Cycle Benefits of an Influential Early Childhood

Program, which compared two pre-kindergarten education

programs aimed at disadvantaged children and provided

the long-term cost-benefit analysis of investing in these

programs over 35 years. The findings from this paper

show:

• High-quality birth-to-five programs for disadvantaged

children can deliver a 13% per year return on

investment—a rate substantially higher than the

7-10% return previously established for preschool

programs serving 3- to 4-year-olds.

• Significant gains are realized through better

outcomes in education, health, social behaviors,

and employment

A Comparative History of U.S. Resistance to the Value-added TaxThis project, led by ABF Executive Director and Research

Professor Ajay K. Mehrotra, seeks to explore how and

why the United States has historically rejected national

consumption taxes. Nearly all developed, industrialized

countries, and many in the developing world, have a

national consumption tax in the form of a Value-added

Tax (VAT), except for the United States. This project

focuses on the research question: why no VAT in the

United States?

In addressing this question, this project explores

three key historical periods:

• The 1920s, when tax theorists in the United States

and Germany first began to conceptualize, formulate

and propose crude forms of value-added taxes.

• The decades of the mid-twentieth century when

the United States seriously considered but rejected

national consumption taxes aimed at raising revenue

for World War II. Similarly, after the war, during the

U.S. occupation of Japan, American economic experts

designed and implemented a proto-VAT for Japan

that was adopted for a short period.

• During the 1970s and ‘80s American lawmakers

considered and even supported a U.S. VAT, but

eventually withdrew their support or were ousted

from political office for recommending a VAT. At the

same time, other developed countries, such as Japan

and Canada, began to move towards a national VAT.

By focusing on these three key historical periods from

a comparative perspective, this project seeks to study

how and why the U.S. has failed to adopt national

consumption taxes, like the VAT.

Research Program

Page 23: Annual Report - American Bar Foundation

www.americanbarfoundation.org • 2019 Annual Report 21

Tera Agyepong J.D./Ph.D., Northwestern University School of Law

Joint Appointment: Associate Professor of Legal History and African American History, DePaul University

Research Interests: Intersection of race, gender, history, and the law. Research addresses how historical processes

of constructing race and gender have shaped the evolution of criminal and juvenile justice laws.

Current ABF Project: African Americans and Chicago’s Criminal Courts, 1896-1964This project examines Cook County’s municipal court system between 1896 and 1964. It pays particular

attention to state criminal laws and sheds light on the kinds of local-level processes that undergirded the

emergence of mass incarceration. During the Progressive era, Cook County created an extensive municipal

court system—including thirty-seven civil and criminal branch courts. By 1964, an amendment to the state

constitution consolidated these courts into one criminal court. This study of the evolution of Cook County

Criminal Court(s) will be analyzed alongside the context of other important legal and demographic changes

in Illinois.

Bernadette Atuahene J.D., Yale Law School; M.P.A., Harvard University

Joint Appointment: Professor, ITT Chicago-Kent College of Law

Research Interests: law and international development, particularly the dispossession and restitution of property

rights in the developing world. Research has examined the challenges faced by transitional democracies that provide

compensation for past property dispossession, as well as how land titling programs can best address urban poverty.

Current ABF Project: Conceptualizing Property Takings Using the concept of a “dignity taking,” linking the unconsented taking of property rights with the deprivation

of dignity which Atuahene has explored previously, this research project seeks to further understand the

relationship between property and dignity and extends the earlier analysis to the case of squatting. Among

other things, the research will help illuminate why some populations choose to squat instead of pursuing

alternative accommodations, and how these risky and illegal actions may enhance or degrade their dignity.

This project has been supported with funding from the National Science Foundation.

Traci Burch Ph.D., Government and Social Policy, Harvard University

Joint Appointment: Associate Professor of Political Science, Northwestern University

Research Interests: U.S. criminal justice system, political behavior, and structural inequality.

Current ABF Project: Policing and Political Participation Despite the prominence of policing and police misconduct on the national agenda, scholars still know little

about the extent to which police act in ways that are contrary to the public good and public safety. Primarily,

this lack of information stems from a lack of data and analytical techniques that can be used to examine

policing. This project addresses this important dearth of information and will develop measures of problem

policing over a series of papers and attempt to examine the effects of problem policing on voter turnout and

political protest. Burch will identify and collect existing data on policing in order to develop measures of

“problem policing.” This project will be the first to attempt to measure multiple forms of problematic

policing and to examine their effects both separately and simultaneously.

Research Faculty

RE

SEA

RC

H P

RO

FESS

OR

S

Page 24: Annual Report - American Bar Foundation

22 American Bar Foundation • www.americanbarfoundation.org

Stephen DanielsPh.D., Political Science, University of Wisconsin

Research Interests: law and public policy, legal education, the legal profession, and the American civil justice

system. Research has addressed innovation in legal education, the delivery of legal services, civil juries, trial courts,

plaintiffs’ lawyers, and the politics of civil justice reform—including the areas of medical malpractice, products

liability, and punitive damages.

Current ABF Projects: The Financing of Legal Education This project follows up on and expands the work of the 2014-15 American Bar Association Task Force on the

Financing of Legal Education (Daniels served as the reporter and consultant for the Task Force). It does so by

fully analyzing the data collected as a part of the Task Force’s work in combination with additional relevant

data and materials relevant to the challenges facing legal education. Like the Task Force itself, this project

takes seriously the need to mine and analyze the best available data relevant to the challenges facing legal

education—not just financing. The project has been supported by a grant from Access/Lex Institute.

Alternative Legal Professionals The lack of access to competent legal assistance because of the absence of resources, social capital, awareness,

or because of geographic distance is described as a justice gap. The existence of this gap is uncontested, and

the gap is wide. In response, bar groups, the courts, and academic commentators are giving increasing attention

to a range of access-enhancing innovations all of which share a greater role for nonlawyers. This project

explores the recent diffusion of one of those innovations, an especially important one, Washington State’s

Limited Licensed Legal Practitioner program.

Shari Seidman Diamond Ph.D., Social Psychology, Northwestern University; J.D., University of Chicago

Joint Appointment: Howard J. Trienens Professor of Law and Professor of Psychology, Pritzker School of Law, Northwestern University

Research Interests: legal decision-making, including conflicts between expertise and impartiality, discretion and

control; equality and individuation; and science and law. Research addresses how these conflicts influence jury and

judicial decision-making, judgments about fairness, and how courts use and fail to make use of scientific evidence.

Current ABF Project: Science and the Legal System: Phase Two (with Richard O. Lempert) The legal system often, and increasingly, calls on scientists and engineers for assistance. Some commentary

suggests that scientists regard the legal system with suspicion and discomfort. What stands in the way of

effective engagement in law by high-quality scientists? What legal or policy changes would aid in overcoming

those obstacles? This project provides the first systematic empirically-grounded look at the sometimes

strained relationship between science and law. Phase Two of the project will expand on the exploration of

how scientific experts engage with the legal system. This phase will build on the results from Phase One with

two new surveys of scientists and engineers, one drawn from a more heterogenous and representative sample

of scientists and engineers and one drawn from a listing of those who explicitly offer their services as experts

in legal proceedings.

Research Faculty

RE

SEA

RC

H P

RO

FESS

OR

S

Page 25: Annual Report - American Bar Foundation

www.americanbarfoundation.org • 2019 Annual Report 23

Tom GinsburgPh.D., Jurisprudence and Social Policy, University of California, Berkeley; J.D., Boalt Hall School of Law University of California, Berkeley

Joint Appointment: Leo Spitz Professor of Law and Professor of Political Science, University of Chicago

Research Interests: the drafting, design, and implementation of national constitutions; legal reform in Northeast

Asia; international law; and judicial independence.

Current ABF Projects: Constitutional Design for Territorially Divided Societies: The Future of the Middle EastThis proposal presents a set of activities to try to advance our understanding of territorial cleavages in

constitutional design. It seeks to draw lessons from recent experiences to generate policy proposals for

the future, focused especially on the Middle East and North Africa.

Democracies and International Law: The Trials of Liberal TheoryThis project evaluates the liberal theory of international law with empirical evidence. Liberal theory assumes

that democratic societies will be more inclined than others to cooperate on the international plane, but we do

not know much about whether this is the case. This project seeks to develop testable propositions from liberal

theory, and then to test them by examining whether and how democracies actually do behave with regard to

international legal institutions. It will also ask about the relationship between international institutions and

democratic backsliding.

John HaganPh.D., Sociology, University of Alberta

Joint Appointment: John D. MacArthur Professor of Sociology and Law, Northwestern University

Research interests: the intersection of international criminal law, war crimes, war resistance, mass incarceration,

lawyers, and domestic criminality.

Current ABF Projects: Adolescent and Adult Lives of Children of Parents Returning From Prison (with Holly Foster)What is the impact of a parent returning from prison on their child? This project collects data on the historic

return of parents from prison and its impact on the lives of their children. The children of parents returning

from prison continue to confront risks of systemic exclusion resulting from the “marking” of their parents, with

exclusion taking multiple forms: for example, legal (justice system contact), residential (homelessness); social

(isolation); political (disenfranchisement); and health (depressive symptoms). The project is especially concerned

with education as a focal mediator of systemic exclusion. We seek to explain variation in specific and combined

outcomes that culminate in compounding disadvantages involving three theoretical elements: (1) selection and

self-control; (2) state governmental regimes and stigmatization, and (3) socialization and strain. The challenge

is to expand our understanding of intergenerational consequences of incarceration and reentry to society.

Racial/Ethnic Inequalities in Paternal Imprisonment, Investment in Families and Schools, and Child Educational Inequality (with Holly Foster) The United States is unique in its overall scale and disproportionate incarceration of African-American and

other minority groups. About half of American inmates are parents, and about one fifth of African-American

children now have or have had an imprisoned father. Despite reductions since 2010, it is estimated that at the

turn of the next century incarceration will still be at least half its current level. Research indicates that the

educational as well as behavioral effects of paternal imprisonment are negative, especially for African-

American children. The role of state investments in families, children and schools are a neglected part of

this story. Because the potential mitigating effects of these state investments can vary substantially, we

hypothesize that educational effects of race-linked paternal incarceration on children are highly variable

across the United States. This project explores whether and how state investments in families, children,

and schools impact racial/ethnic educational achievement of children of incarcerated parents.

Research Professors

Page 26: Annual Report - American Bar Foundation

24 American Bar Foundation • www.americanbarfoundation.org

Terence HallidayPh.D., Sociology, University of Chicago

Joint Appointment: Adjunct Professor of Sociology, Northwestern University; Honorary Professor, School of Regulation and Global Governance, Australian National University

Research Interests: the globalization of law in markets and politics. Research on law and markets focuses on

international trade law with special reference to the ways in which international trade organizations (such as

UNCITRAL, UNIDROIT, and the Hague Conference on Private International Law) create global norms in such diverse

areas as corporate bankruptcy law, maritime law, and secured transactions. Research on globalization and politics

analyzes the support or resistance of the legal complex (e.g., lawyers, judges, prosecutors, law faculty) to the advance

of political liberalism worldwide. The most recent project completed research on China’s criminal defense lawyers

efforts to protect basic legal freedoms. A new project assesses how the legal complex and international organizations

mobilize outside China to influence its adherence to global human rights norms.

Current ABF Project: Lawyer Activism in China (with Sida Liu)For the past decade, this project has undertaken research on lawyers and defense of basic legal freedoms

in China through the lens of everyday criminal defense practice. Halliday and Liu (University of Toronto)

found significant evidence that a small but critical proportion of China’s criminal defense lawyers are strongly

critical of the country’s current illiberal political society and legal system. Notable activist and grassroots

lawyers have been striving for a China that protects basic legal freedoms, energizes a vibrant civil society, and

moves towards a moderate state. These efforts have met with growing resistance by the Party-state, crystallized

in a nationwide crackdown against human rights defense lawyers in mid-2015 and deepening authoritarianism

since then. Halliday’s current research with Liu investigates how international public opinion, states and non-

organizations are mobilizing to influence China as it deviates farther and farther from international norms

on human rights and rule of law. The research focuses on sites of struggle (e.g., UN Human Rights Council;

Hong Kong), the mobilization of international NGOs which advocate for legal rights, ethnic and religious

freedoms, developments in traditional and new media coverage of China, the activism of overseas lawyers’

organizations;, the dramas and rhetoric of international discourse, and linkages between international civil

society and China’s domestic activist lawyers.

Angela P. Harris William H. Neukom Fellows Research Chair in Diversity and Law (2019-20); J.D., University of Chicago; M.A., University of Chicago

Joint Appointment: Distinguished Professor of Law and the Boochever and Bird Endowed Chair for the Study and Teaching of Freedom and Equality at the University of California, Davis School of Law

Research Interests: Critical legal theory, examining how law interacts with race, gender, sexuality, class,

and other dimensions of power and identity

Current ABF Project: The Color of Farming This project, grounded in law and political economy, will use farming as a site to explore the interactions

of state power and market power expressed through law. Through historical investigation and present

perspectives from new farmers of color, the book will examine the significance of race law in addition

to economic regulation in shaping American farming.

Research Faculty

RE

SEA

RC

H P

RO

FESS

OR

S

Page 27: Annual Report - American Bar Foundation

www.americanbarfoundation.org • 2019 Annual Report 25

James J. Heckman Ph.D., Economics, Princeton University

Joint Appointment: Henry Shultz Distinguished Service Professor, Department of Economics and the College, University of Chicago

Research Interests: the economics of human flourishing, or the circumstances under which people are able to develop

the skills to thrive in our current economy. These encompass the conventional, cognitive sense of the word (education,

on-the-job training) as well as the non-cognitive sense (such as the qualities of perseverance and accountability).

Developing theoretical models of parental choice and child preference formation, as well as intergenerational models

of family influence.

Current ABF Projects: Analyzing the Influential Early Childhood Policies that are Proven to Promote Human Flourishing: Understanding Which Strategies Work (Including a Cost-Benefit Analysis) and WhyA large and growing literature documents the effectiveness of early childhood interventions on a variety of

outcomes, including crime, education, teenage pregnancy, earnings, health, and mental health. The evidence

points to the effectiveness of prevention as opposed to later-life remediation of these same problems. This

project is strengthening the evidence and interpreting it more finely with an eye toward guiding the design

of effective policy and determining which programs work.

Lessons for American Law & Public Policy from the Scandinavian Welfare StatePoverty, inequality, and social mobility occupy the attention of lawmakers and the public around the world.

A variety of legislative and administrative proposals to address these issues are currently being advocated,

and many suggest basic modifications in the law to implement these proposals. This project will examine the

effectiveness of the Danish welfare state in creating economic and social opportunity. We will benchmark its

performance against that of the U.S. We will examine how successful Denmark has been in eliminating the

influence of the accident of birth in shaping lives. We will compare the life outcomes of Americans with those

of Danes to determine the effectiveness of Danish regulation and benefit policies. We will examine if place of

birth determines life destiny in both environments; we will examine the channels through which it works, and

if we actually detect a powerful influence of zip codes isolated from other factors associated with zip codes.

Carol A. Heimer Ph.D., Sociology, University of Chicago

Joint Appointment: Professor of Sociology, Northwestern University

Research Interests: sociology of law; global and transnational sociology. Research has focused on the relationship

between law and other systems of rules and norms; the diffusion of more legalistic forms of governance to healthcare

(HIV clinics, infant intensive care units); and the diffusion and adaptation of rules as they flow across boundaries.

Current ABF Project: The Legal Transformation of Medicine: How Rules Work in the International World of HIV/AIDSThis book project braids together investigations of three transformative events—the “legalization” and

globalization of medicine and the advent of HIV/AIDS—in a study of how laws, regulations and other rules

are actually used in HIV research and treatment in the United States, Uganda, South Africa, and Thailand.

It investigates what happens when laws, regulations, and guidelines, admittedly created with the best of

intentions, are transported to new sites where they confront the realities of medical care, clinical research,

and healthcare administration in developing countries—resource shortages, desperate patients, culturally-

based miscommunications about ethical principles, discrepancies between first-world research designs

and third-world research settings, as well as the mundane uncertainties typical of the encounter between

medicine and human biology.

Research Professors

Page 28: Annual Report - American Bar Foundation

26 American Bar Foundation • www.americanbarfoundation.org

John P. HeinzResearch Professor Emeritus; LL.B., Yale University

Research Interests: the social structure of the legal profession, the political activity of lawyers,

and interest group politics.

A leading scholar of the legal profession, former director of the ABF, and winner of the Harry J. Kalven, Jr. Award

for Outstanding Scholarship in Law and Society, Professor Heinz has retired from teaching and research. He

remains active in the ABF intellectual community and in Chicago civic and professional activities. He continues

to write and publish on a variety of topics.

Steven D. Levitt (on leave)Ph.D., Economics, Massachusetts Institute of Technology

Joint Appointment: William B. Ogden Distinguished Service Professor of Economics, University of Chicago

Research interests: crime, the criminal justice system, and corruption, and a wide variety of issues related

to racial disparity and education

Ajay K. MehrotraABF Executive Director and Research Professor; Ph.D., History, University of Chicago; J.D., Georgetown University Law Center

Joint Appointment: Professor of Law & History, Northwestern University, Pritzker School of Law

Research Interests: tax law, legal history, legal profession and education; and law and political economy

in historical and comparative contexts.

Current ABF Projects: The VAT Laggard: A Comparative-History of U.S. Resistance to the Value-Added Tax This project explores how and why the United States has historically rejected national consumption taxes.

Because nearly all developed countries, and many in the developing world, have a national consumption tax

in the form of a value-added tax (VAT), this project focuses on the more specific question: why no VAT in the

United States? To address this overall research question, this project explores three key historical periods

from a comparative perspective to study how and why the U.S. has failed to adopt national consumption

taxes, like the VAT.

Portrait Project 2.0 (with Hon. Goodwin Liu) Asian Americans have been the fastest-growing minority group in the legal profession for the past three

decades, but they have made only limited progress in reaching the top ranks of the profession, according to

a recent report (Portrait Project) by the National Asian Pacific American Bar Association and Yale Law School.

This new ABF project, conducted with support from several external organizations, will expand upon the Portrait

Project’s initial findings and explore the next phase of research. “Portrait Project 2.0” will explore several follow

up questions, including: Why do Asian Americans have such high attrition rates at major law firms? Why do

minority law students not get clerkships in proportion to their numbers at the top law schools? What explains

the sharp and continuing decline in Asian American and other minority law school enrollment since 2009?

Why are Asian Americans so dramatically underrepresented among the top ranks of prosecutors and other

government officials?

Research Faculty

RE

SEA

RC

H P

RO

FESS

OR

S

Page 29: Annual Report - American Bar Foundation

www.americanbarfoundation.org • 2019 Annual Report 27

Elizabeth MertzPh.D., Anthropology, Duke University; J.D., Northwestern University Pritzker School of Law

Joint Appointment: John and Rylla Bosshard Professor of Law Emerita, University of Wisconsin Law School

Research Interests: the language of law, legal education, social science and law.

Current ABF Project: Senior Status, Gender, and Race in the Legal and Liberal Arts Academies—Phase II (with Katharine Barnes and Frances Tung)While many of the more overt forms of discrimination are arguably on the wane, scholars have identified a

number of “second generation” problems in employment discrimination. These include structural and cultural

exclusion and other attitudes that create hostile or unpleasant work environments. This study is examining

the post-tenure experience of law professors, addressing several core questions: Do the experiences of female

or minority law professors differ significantly from those of white male law professors? Is there variation in

law professors’ experience according to institutional characteristics of the law schools in which they teach?

The study will provide the first national-level picture of law professors’ post-tenure experiences, along multiple

dimensions. A book announcing the results of Phase II of the project (in addition to more findings from Phase I)

titled, American Law Professors at the Edge of Change, is currently in progress.

Janice NadlerPh.D., Social Psychology, University of Illinois; J.D. Boalt Hall School of Law, University of California, Berkeley

Joint Appointment: Nathaniel L. Nathanson Professor of Law, Northwestern University, Pritzker School of Law

Research Interests: social psychology and law, focusing on compliance with the law; the psychology of property;

perceptions of responsibility and fairness; and negotiation and conflict

Current ABF Projects: Public Opinion, Private Governance, and the Influence of Source Credibility This project seeks to explore whether corporate endorsements and implementations of practices influence

public support for legislation and regulation that would generally mandate such practices. While scholars

have addressed the effects of popular media and the rise of a hyper-politicized media on popular attitudes

and the production of law, they have largely ignored the possible effects of corporate endorsements and

the implementation of practices on popular attitudes and, hence, the lawmaking and regulatory processes.

This project aims to fill that gap in the literature, building on experimental surveys, case studies and

theoretical analysis.

The Probative Versus Prejudicial Effect of Gruesome Photographs in Court Courtroom images can influence beliefs, emotions, and judgments in ways that have never been empirically

examined. This project will investigate how these emotionally evocative modes of visual evidence can affect

the psychology of jurors’ decision-making processes, through influence on emotions, attention to evidence,

and legal judgments at the individual and group level. We plan to examine the extent to which gruesome

photographs (versus verbal descriptions or neutral photographs) rouse negative emotion, causing jurors

to pay more selective attention to case evidence that is consistent with their emotions and less attention

to evidence that is not consistent with them.

Research Professors

Page 30: Annual Report - American Bar Foundation

28 American Bar Foundation • www.americanbarfoundation.org

Robert L. NelsonABF Director Emeritus; MacCrate Research Chair in the Legal Profession; Ph.D., Sociology, Northwestern University; J.D., Northwestern University, Pritzker School of Law

Joint Appointment: Professor of Sociology and Law, Northwestern University

Research Interests: the social organization of law practice and the relationship between law and social

inequality. Research has addressed transformations in the legal profession, the role of corporate counsel,

gender inequality, and employment discrimination.

Current ABF Projects: The Future of Latinos in the United States: Law, Opportunity and Mobility (with Rachel F. Moran)This project is a nation-wide, interdisciplinary research initiative devoted to understanding the current

condition of Latinos in the United States, the structural barriers that impede full equality and integration

for this emerging population, and the sites of intervention that promise to be most impactful in promoting

opportunity and mobility through law and policy. The goal of the project is to generate findings that can be

converted into concrete recommendations for reform and readily utilized by organizations and individuals

to effect change. The project is in the process of executing five regional roundtables and a national summit.

After the JD: Analysis and Book Write-Up (with Ronit Dinovitzer, Bryant Garth, Joyce Sterling, David Wilkins, Ethan Michelson, and Meghan Dawe)Designed as a longitudinal study of lawyers’ careers, After the JD is tracking the professional lives of more than

4,500 lawyers during their first twelve years after law school. After three waves of data collection on lawyers,

the project can explore the full range of factors—personal, professional, and contextual—that lead to different

career outcomes. The influence of gender, race and ethnicity, in particular, will be more apparent as these

lawyers have become more established in their careers and personal lives.

Laura Beth Nielsen Ph.D., Jurisprudence and Social Policy, University of California, Berkeley; J.D. Boalt Hall School of Law, University of California, Berkeley

Joint Appointment: Professor of Sociology and Law, Director of Legal Studies, Northwestern University

Research Interests: the sociology of law, with a particular interests in legal consciousness and the

relationship between law and inequalities of race, gender, and class, civil rights generally and employment

civil rights in particular.

Current ABF Projects: Consent to Sex on Campus This project is a multi-year, large-scale data collection and analysis study about “new” civil rights. Nielsen is

studying the impact (if any) of the Obama-era “Dear Colleague”) letter on undergraduates at universities, as they

relate to drinking, drugs, and sexual activity. The project combines a large-scale quantitative analysis of Title IX

compliance policies at a national, random sample of universities, along with a large-scale, in-person interview

phase with undergraduates at five college campuses in the Midwest about Title IX compliance regarding sexual

assault among undergraduates. The research also will incorporate (as is possible), the current dismantling

of these regulations by the Trump administration. The study builds on Nielsen’s previous scholarly work

investigating the dissemination of information about civil rights, how organizations respond when they are

responsible for enforcement, the institutional structures that interfere or complement achieving the goals

of the civil rights movement, and, most importantly, how, if at all, ordinary people think about, integrate,

and ignore law as they go about their daily life.

Research Faculty

RE

SEA

RC

H P

RO

FESS

OR

S

Page 31: Annual Report - American Bar Foundation

www.americanbarfoundation.org • 2019 Annual Report 29

Contested Constructions of Discrimination (with Jill D. Weinberg and Jeremy Freese)Despite the volume of empirical research about employment civil rights litigation, we know very little about

how people come to assess whether workplace experiences are thought to be “discrimination” or “personal

disputes.” This project combines a quantitative analysis of judges’ and laypeople’s determinations about

whether hypothetical workplace disputes rise to the level of discrimination with qualitative in-depth

interviews of judges to probe this determination further. Drawing on the legal consciousness and judicial

decision-making literatures, this research examines the effect of social status, workplace context, plaintiff

characteristics, and dispute characteristics on the likelihood that a person determines that a workplace

dispute constitutes discrimination.

Jothie RajahPh.D., University of Melbourne; LL.B., National University of Singapore

Research Interests: the intersections of law, language and power in the following areas: law, legitimacy and

authoritarianism; international organizations and the global public sphere in constructions of norms for the rule

of law; and the relationship between law, religion and national identity.

Current ABF Project: Rule of Law Discourses ‘Rule of law’ is a concept and category that is incessantly invoked in the international public domain. At

different times and in different hands, a range of different meanings has attached to ‘rule of law’. In response

to the impact of the post-9/11 rule of law, this project includes both doctrinal and non-doctrinal articulations

of meanings, values, and relations for rule of law. A forthcoming monograph, Reading for Law in a Post-9/11 World,

is driven by a protective and passionate concern for rule of law as a legal, social, and political ideal. Reading for

Law examines both standard legal text—legislation—as well as non-doctrinal texts to illuminate legal meanings,

relations, and values that are being constructed and disseminated in ways that tend to evade critical attention.

In particular, it is motivated by the striking contrast in visibility that marks the events of 9/11 and the visible

legal response.

Anna Reosti Ph.D., Sociology, University of Washington

Research Interests: law’s relation to inequality in the criminal justice and housing settings. Research addresses

the consequences of modern background screening practices for rental housing access and discrimination, as well

as the capacity of local innovations in fair housing law to improve housing outcomes for renters with criminal

convictions, evictions, and other stigmatizing background records

Current ABF Project: Tenant Screening and Fair Housing Law in the Information AgeThis project contains two extensions of a larger study of tenant screening and fair housing law in the

information age. The first extension investigates the costs of housing searches for renters with criminal

conviction records, past evictions and/or damaged credit histories. Findings highlight the significant

economic, social and health-related costs associated not only with the substandard housing options that

renters with stigmatizing background records are relegated to, but with the housing search process itself.

Another collaborative project, with coauthor Kyle Crowder, University of Washington, explores how landlords

in Seattle understand and adapt to new regulations, using in-depth interviews, focus groups and a large-scale

survey conducted during the lead-up to, and following the enactment of, multiple laws governing tenant

screening and move-in fees. It investigates the less-visible ways landlords shape the meaning and effects

of new laws through their ground-level practices.

Research Professors

Page 32: Annual Report - American Bar Foundation

30 American Bar Foundation • www.americanbarfoundation.org

Christopher W. SchmidtPh.D., History of American Civilization, Harvard University; J.D., Harvard Law School

Joint Appointment: Professor of Law, Associate Dean for Faculty Development, Co-Director of the Institute on the Supreme Court of the United States, Chicago-Kent College of Law

Research Interests: the intersection of social movement mobilization and constitutional change in American history,

the ways in which constitutional claims emerge and develop outside the courts, and the effect of these extrajudicial

claims on legal doctrine. Current research focuses on the evolution of the term “civil rights” in the United States from

the Civil War to today and the history of the modern U.S. Supreme Court and its relationship with the American people.

Current ABF Project: Civil Rights: An American History This book project offers a history of how Americans have struggled over the meaning of the term “civil rights”

from the Civil War through today. It provides an historical case study of how the words and categories by

which we understand our world become objects of contestation and points of leverage for social, political,

and legal action.

Susan P. ShapiroPh.D., Sociology, Yale University

Research Interests: the social construction, social organization, and social control of fiduciary or trust relationships.

Research has examined topics such as white collar crime, ethics, conflict of interest, the professions, the news media,

guardianship, and surrogate decision-making.

Current ABF Projects: Trust 2.0: Law, Social Control, and New Technologies of Trust Observers of the world of trust or fiduciary relationships have identified an evolution from institutional trust—

which flows upward from individuals to states, organizations, and third parties—to distributed trust—which

“flows laterally between individuals, enabled by networks, platforms, and systems”—for example, the difference

between the dollar and bitcoin, the New York Stock Exchange and Kickstarter, the New York Times and Facebook,

or the United Way and GoFundMe. Fueled by new technologies, distributed trust is often virtual, digital, global,

decentralized, algocratic, and sometimes structured to escape legal or government oversight. This capstone

project revisits Shapiro’s scholarship on “traditional” institutional trust to examine the legal and social control

of computer-mediated distributed trust—what Shapiro calls Trust 2.0. The project will survey new developments

in the role of law, regulation, and social control of trust in the internet age. It will examine the opportunities,

strategies, efficacy, and limitations of these measures. It will explore the often-belated scrutiny by legal

institutions of forms of trust that intentionally sought to escape state or legal oversight. It will examine

how this regulatory landscape has evolved over the relatively short lifespan of Trust 2.0.

Surrogate Decision-making at the End of Life This study of surrogate decision-making explores how fiduciaries who act on behalf of the most vulnerable—

who have become incompetent or incapacitated, unable to communicate with others about their interests,

needs, or values—exercise their responsibilities. From observations in two intensive care units, the study records

the questions family members ask, the concerns and values they articulate, their statements about the patient,

the memories, reasons, and justifications they share, the things they don’t say or ask, the disagreements among

one another they negotiate, as well as the decisions that they make and remake. The study collects information

on how health care providers interact with these spokespersons for their patients, the conditions under which

they confer with them, and how they frame the issues, advise them, and influence the decisions. The study also

tracks the role of advance directives in structuring the process decision makers follow and the outcomes that

result. The underlying research is now complete and a book has been published entitled Speaking for the Dying:

Life-and-Death Decisions in Intensive Care. Dissemination is underway to medical, legal, bioethics, student, and

public audiences.

Research Faculty

RE

SEA

RC

H P

RO

FESS

OR

S

Page 33: Annual Report - American Bar Foundation

www.americanbarfoundation.org • 2019 Annual Report 31

AFF

ILIA

TED

RE

SEA

RC

H P

RO

FESS

OR

S

John ComaroffPh.D., Anthropology, University of London (London School of Economics)

Hugh K. Foster Professor of African and African-American Studies and of Anthropology, Oppenheimer Fellow in African Studies, Harvard University; Honorary Professor of Anthropology, University of Cape Town

Research Interests: crime, policing, and the workings of the state in Africa, democracy and difference in

post-revolutionary societies,; and postcolonial political economy in the global south.

Bryant G. GarthPh.D., European University Institute; J.D., Stanford Law School

Distinguished Professor of Law Emeritus, Co-Director, Center for Empirical Research on the Legal Profession, University of California, Irvine; Director Emeritus, American Bar Foundation

Research Interests: the legal profession, dispute resolution, and internationalization. The topics intersect around

the question of how internationalization—seen as the import and export of ideas, technologies, approaches, resources,

and hierarchies—affects the position and importance of law in regulating the economy and the state; and the changing

role of the legal profession in the United States.

Bonnie HonigPh.D., Political Science, Johns Hopkins University

Nancy Duke Lewis Professor, Modern Culture and Media (MCM) and Political Science Brown University

Research Interests: Normative political theory, contemporary democratic theory with particular attention

to the area of law and politics. Research addresses how constitutions, legal norms, the centrality of rights,

and cultural politics operate to help or hinder spontaneous and organized collective actions in democracies.

Dylan C. PenningrothPh.D., History, Johns Hopkins University

Professor of Law and History, University of California, Berkeley

Research Interests: African-American history, comparative histories of slavery and emancipation, and socio-legal

history, with a particular focus on family relations, the rise of the independent black church, migration, the interaction

between legal categories and popular conceptions such as respectability, race, and “slavish origins”; the cultural, social,

and legal legacy of slavery in colonial Ghana and the United States.

Robert J. SampsonPh.D., Sociology, State University of New York at Albany

Henry Ford II Professor of the Social Sciences, Harvard University

Research Interests: crime, disorder, the life course, neighborhood effects, civic engagement, urban inequality,

“ecometrics,” and the social structure of the city.

Research ProfessorsAffiliated Research Professors

Page 34: Annual Report - American Bar Foundation

32 American Bar Foundation • www.americanbarfoundation.org

Christopher L. TomlinsPh.D., History, Johns Hopkins University

Elizabeth J. Boalt Professor of Law, University of California, Berkeley

Research Interests: Anglo-American legal history, from the beginning of the sixteenth century into the later twentieth

century. Currently engaged in research on the Southhampton (Virginia) slave revolt of 1831, known as the Turner

Rebellion. Additional work includes research on the history of contemporary legal thought, on the philosophy of legal

history, and on the materialist jurisprudence detectable in the work of the German literary critic Walter Benjamin.

Victoria Saker Woeste Ph.D., Jurisprudence and Social Policy, University of California, Berkeley

Research Interests: research has examined how law mediates and shapes the relationships among the state,

the market, and society in U.S. history, as well as uncovered institutional and organizational responses to legal

and economic change.

Ronit DinovitzerPh.D., Sociology, University of Toronto

Joint Appointment: Professor of Sociology, University of Toronto

Research Interests: the sociology of law, with a particular interest in the legal profession, focusing on the sources

of inequality within the profession and the mechanisms that produce and reproduce them. Recent work has examined

the gender gap in lawyer incomes, the distribution of lawyer satisfaction, and the career trajectories of urban law

school graduates.

Current ABF Project: After the JD (with Bryant Garth, Robert Nelson, Gabriele Pickert, Meghan Dawe, and Joyce Sterling)Please refer to Robert L. Nelson’s entry for project description.

Sida LiuPh.D., Sociology, University of Chicago; LL.B., Peking University Law School

Joint Appointment: Associate Professor of Sociology and Law, University of Toronto

Research Interests: the sociology of law, with an empirical focus on the legal professions in China, Hong Kong,

and Taiwan and a theoretical interest in law as a social space.

Current ABF Project: Lawyer Activism in China (with Terence Halliday)Please refer to Terence Halliday’s entry for project description.

Research Faculty

AFF

ILIA

TED

RE

SEA

RC

H P

RO

FESS

OR

SFA

CU

LTY

FE

LLO

WS

Page 35: Annual Report - American Bar Foundation

www.americanbarfoundation.org • 2019 Annual Report 33

Justin Richland Ph.D., Anthropology, University of California, Los Angeles; J.D., University of California, Berkeley

Joint Appointment: Associate Professor of Anthropology, University of California, Irvine

Current ABF Project: Open Fields: Ethics, Aesthetics, and the Very Idea of Natural HistoryThis project explores whether changes in federal laws regarding Native American cultural property and

human remains (especially the Native American Graves Repatriation and Protection Act) are impacting

how tribal nations in the United States are engaging with non-native institutions and agencies that control

those materials. This includes not only federal agencies like the U.S. Forest Service and the Bureau of Land

Management, but also federally funded private institutions like the Field Museum of Natural History and the

American Museum of Natural History. This is part of a larger project that explores the details of negotiations

between native and non-native officials in government and related institutions, and how a close analysis of

these engagements shed light on the regulatory practices of notice-and-comment that make up the regular

site of government-to-government engagement between the United States and tribes today.

Rebecca SandefurPh.D., Sociology, University of Chicago

Joint Appointment: Professor, Sanford School of Social and Family Dynamics, Arizona State University

Research Interests: access to justice, how legal services are delivered and consumed, how civil legal aid is organized

around the nation, the role of pro bono, the efficacy of lawyers and non-lawyers as advocates and representatives,

and how ordinary people think about their justice problems and try to solve them.

Current ABF Projects: Accessing Justice in Contemporary America: The Community Needs and Services Study This project investigates the American public’s experiences with civil justice problems and the institutions

of remedy that exist for those problems. The study focuses on a core set of commonly experienced problems

that have civil legal aspects, raise civil legal issues, and have consequences shaped by civil law. Funded by the

National Science Foundation and the American Bar Foundation, this project is now in the write-up stage.

Increasing Access to Justice: Legally Empowering TechnologiesThis research examines the commodification of professional expertise and its distribution to lay people

through technology. With funding from the Open Society Foundation, this project assesses digital technologies

that allow nonlawyers to understand, diagnose, or act on legal problems. Research questions include efficacy—

for example, do the tools help solve people’s problems by producing repairs to substandard apartments or legal

documents that successfully perform in court—but also questions of whether and how expertise and confidence

are actually distributed to the public by these tools: that is, questions of legal empowerment. For example, do

these tools increase the capacity of individuals or communities to identify and take action on problems; or,

do they divert people away from collective or public action and toward private resolution? Findings reveal the

value of pairing the study of legal expertise and legal institutions with the study of public experience with

justice problems. A striking finding is a substantial mismatch between available tools and people’s needs:

few existing tools assist people with the kinds of justice problems that research shows people actually have.

ABF/JPB Access to Justice Scholars ProgramThe ABF/JPB Foundation Access to Justice Scholars Program, directed by Rebecca L. Sandefur, brings together

cohorts of scholars in order to support their research, mentor their progress, and build intellectual relationships

needed to grow the access to justice field. The program expands empirical access to justice scholarship by

encouraging scholars to engage with this bourgeoning research field. By facilitating the translation of

research into practice, the program will generate more effective approaches to improve justice for all.

FAC

ULT

Y F

ELL

OW

S

Affiliated Research ProfessorsFaculty Fellows

Page 36: Annual Report - American Bar Foundation

34 American Bar Foundation • www.americanbarfoundation.org

Shih-Chun ChienJSD, Stanford University; LL.M, University of California, Berkeley School of Law

Research Interests: comparative legal analysis, the legal profession, and criminal justice

Current ABF Project: Portrait Project 2.0 (with Ajay K. Mehrotra and Hon. Goodwin Liu)Please refer to Ajay K. Mehrotra’s entry for project description.

Meghan DawePh.D., Sociology, University of Toronto

Research Interests: law and inequality, with a focus on inequality and stratification in the legal profession.

Current ABF Project: After the JD (with Bryant Garth, Robert Nelson, Gabriele Plickert, Ronit Dinovitzer, and Joyce Sterling) Please refer to Robert L. Nelson’s entry for project description.

Elizabeth L. MurphyM.A., Sociology, University of Illinois, Chicago

Research Interests: jury decision making and ways to assist courts in optimizing jury trials.

Current ABF Project: Science and the Legal System (with Shari Seidman Diamond)Please refer to Shari Seidman Diamond’s entry for project description.

Frances TungPh.D., Psychology, Suffolk University

Research Interests: law professors and the legal profession.

Current ABF Project: Senior Status, Gender, and Race in the Legal and Liberal Arts Academies—Phase II (with Elizabeth Mertz and Katherine Barnes)Please refer to Elizabeth Mertz’s entry for project description.

RE

SEA

RC

H S

OC

IAL

SCIE

NTI

STS

Research Faculty

Page 37: Annual Report - American Bar Foundation

www.americanbarfoundation.org • 2019 Annual Report 35

Bernadette Atuahene• “Taxed Out: Illegal property tax assessment and the epidemic

of tax foreclosures in Detroit,” (w. C. Berry), 9 UC Irvine Law Review 847 (2019)

• Stategraft: A Pernicious Form of Corruption Unveiled (Forthcoming 2020)

• “Predatory Cities,” California Law Review (Forthcoming 2020)

John L. Comaroff• “Fashioning the Colonial Subject,” (w. J. Comaroff), in B. Luvaas

and J.B. Eicher, eds., The Anthropology of Dress and Fashion: A Reader, (New York: Bloomsbury, 2019)

• “Brave Noir World,” (w. J. Comaroff), in R. Jaffe and M. Oosterbaan, eds., Most Wanted: The Popular Culture of Illegality, (Amsterdam: Amsterdam University Press, 2019)

• “Nations With/out Borders: Neoliberalism and the Problem of Belonging in Africa, and Beyond,” (w. J. Comaroff), in R.H. Layton, ed., The Anthropology of Displaced Peoples (London: Royal Anthropological Institute, 2019)

Stephen Daniels• “The Perennial (and Stubborn) Challenge of Cost, Affordability,

and Access in Legal Education: We Will Continue to Muddle Through,” in M. Deo, M. Lazarus- Black, and E. Mertz, eds., Power, Legal Education, and Law School Cultures (Routledge, 2019)

• “If You Build It, They Will Come: What Law Students Say About Experiential Learning,” (w. D. Thomson) 13 Florida A&M Law Review 203 (2019)

Shari Seidman Diamond• “Empirical Legal Scholarship: Observations on Moving

Forward,” 113 Northwestern University Law Review 1229 (2019)

• “The Rise of the Jury in Argentina: Evolution in Real Time,” in Kutnjak, Diamond, Hans, & Marder, eds., Juries, Lay Judges, and Mixed Courts: A Global Perspective (Cambridge University Press, In Press)

Ronit Dinovitzer • “The Interaction of Perceived Subjectivity and Pay

Transparency on Professional Judgement in a Profit Pool Setting: The Case of Large Law Firms,” (w. K.Kelly, H. Gunz, & S. Gunz), The Accounting Review (2019)

• “Perceiving Discrimination: Race, Gender, and Sexual Orientation in the Legal Workplace,” (w. R.L. Nelson, I. Sendroiu, M. Dawe), 44 Law & Social Inquiry (2019)

Bryant G. Garth• “International Commercial Arbitration: The Creation of a

Legal Market,” in T. Schultz and F. Ortino, The Oxford Handbook of International Arbitration (Oxford University Press, 2019)

Tom Ginsburg• “From Catalonia to California: Secession in Constitutional

Law” (with M.Versteeg), 70 Alabama Law Review 923-85 (2019)

• “Rebel Use of Law and Courts,” 15 Annual Review of Law and Social Science:7.1–7.13 (2019)

• “One Size Does Not Fit All: The Provision and Interpretation of Presidential Term Limits,” (w. Z. Elkins), in A. Baturo and R. Elgie, eds., The Politics of Presidential Term Limits (Oxford University Press, 2019)

• “International Courts and Democratic Backsliding”, 46 Ecology Law Quarterly 111-34, 37 Berkeley Journal of International Law 265-88 (2019)

• “Comparative Constitutional Law: State of the Discipline,” in D. Law and W. Chang, eds., Comparative Constitutional Law (Oxford University Press, Forthcoming 2020)

• “Constitutional Design and Territorial Cleavages,” in G. Anderson and S. Choudhry, Territory and Power in Constitutional Transitions (Oxford University Press, 2019)

• “Political Theory of International Adjudication,” in H. Ruiz-Fabri, et al Max Planck Encyclopedia of International Procedural Law (Forthcoming 2020)

• “How Constitutional Democracy Endures: Norway in Comparative Perspective,” in Festschrift for Eivind Smith, University of Oslo (Forthcoming 2020)

John Hagan• “Imprisonment, Opioids and Health Care Reform: The Failure

to Reach a High-Risk Population” (w. H. Foster) Preventive Medicine (2019)

• “Race and Policing in the 2016 Presidential Election: Black Lives Matter, the Police, and Dog Whistle Politics,” (w. K. Drukulich, K. Wozniak, and D. Johnson), Criminology (Forthcoming 2020).

Terence Halliday• “The Ecology of Activism: Professional Mobilization in an

Authoritarian Regime.” (w. S. Liu). Canadian Review of Sociology (2019)

• “Anti-Money Laundering: An Inquiry into a Disciplinary Transnational Legal Order,” (w. M. Levi and P. Reuter), University of California Irvine Journal of International, Transnational, and Comparative Law 4:1-24 (2019)

• “The International Legal Complex: Wang Yu and the Global Response to Repression of China’s Rights’ Lawyer,” in R. Greenspan, H. Aviram and J. Simon, eds., The Legal Process and the Possibility of Justice: Research in the Tradition of Malcolm Feeley. (Cambridge University Press, 2019)

• Constitution-Making and Transnational Legal Orders, G. Shaffer, T. Ginsburg, T.C. Halliday, eds. (New York: Cambridge University Press, 2019)

• “Law as a Sword, Law as a Shield: Politically Liberal Lawyers and the Rule of Law in China,” (w. C. Hsu & S. Liu), China Perspectives 65-73. (2019)

James J. Heckman• “Early Childhood Education and Crime,” (w. J.L. Garcia and

A. Ziff), 40: 1 Infant Mental Health Journal 141-151 (2019)

Selected PublicationsA full list of publications is available on the ABF website, under each faculty profile.

www.americanbarfoundation.org/faculty/faculty-profiles.html

Page 38: Annual Report - American Bar Foundation

36 American Bar Foundation • www.americanbarfoundation.org

• “The Race Between Demand and Supply: Tinbergen’s Pioneering Studies of Earnings Inequality,” 167 De Economist 243-258 (2019)

• “Early Childhood Education and Life-cycle Health,” (w. J.L. Garcia) Health Economics (2019)

• “Publishing and Promotion in Economics: The Tyranny of the Top Five,” (w. S. Moktan), Journal of Economic Literature (Forthcoming 2019)

• “Quantifying the Life-cycle Benefits of an Influential Early Childhood Program,” Journal of Political Economy (2019)

Carol A. Heimer• “What Is a Clinic? Relationships and the Practice of

Organizational Ethnography.” 48(4) Sociological Methods and Research 763-800 (2019)

Sida Liu• “Law as a Sword, Law as a Shield: Politically Liberal Lawyers

and the Rule of Law in China,” (w. C. Hsu & T.C. Halliday), China Perspectives 65-73 (2019)

• “The Ecology of Activism: Professional Mobilization in an Authoritarian Regime.” (w. T.C. Halliday). Canadian Review of Sociology (2019)

Ajay K. Mehrotra• “The Limits of Fundamental Tax Reform: Contrasting the 1986

Tax Reform Act with the 2017 Tax Cust and Jobs Act,” (w. D. Bayer), UC Davis Law Review Online (2019)

• “‘Life in All Its Fullness’: Cardozo, Fellows, and the Critical Context of Welch v. Helvering,” 26 Pittsburg Tax Review 151-159 (2019)

Elizabeth Mertz• “The U.S. Legal Academy as a Miner’s Canary,” in M.E. Deo, M.

Lazarus-Black and E. Mertz, eds., Power, Legal Education, and Law School Cultures (Routledge, 2019)

• “Introduction,” (w. M. Lazarus-Black and M. E. Deo), in M.E. Deo, M. Lazarus-Black and E. Mertz, eds., Power, Legal Education, and Law School Cultures (Routledge, 2019)

• “Forty-five years of law and literature: reflections on James Boyd White’s The Legal Imagination and its impact on law and humanities scholarship” 13(1) Law and Humanities 95-141 (2019)

• “Law in Reality, Law in Context: On the Work and Influence of Stewart Macaulay,” (w. L.M. Friedman) in D. Campbell, ed., Stewart Macaulay: Collected Works, (Springer, In Press)

Janice Nadler• “Regulation, Public Attitudes, and Private Governance”

(w. D.A. Dana), 16 Journal of Empirical Legal Studies 69 (2019)

Robert L. Nelson• “Perceiving Discrimination: Race, Gender, and Sexual Orientation

in the Legal Workplace,” (w. I. Sendriou, R. Dinovitzer, and M. Dawe) 44 Law & Social Inquiry (2019)

Laura Beth Nielsen• “The Deserving Worker: Decisions about Workplace

Accommodation by Judges and Laypeople,” (w. J.D. Weinberg & K. Albrecht), 41(3) Law & Policy 286-309 (2019)

• “Good Moms with Guns: Individual and Relational Rights in the Home, Family, and Society,” in A.D. Sarat, ed., Guns in Law pgs. 164-200 (University of Massachusetts Press, 2019)

• New Civil Rights Research: A Constitutive Approach, B. Fleury-Steiner and L.B. Nielsen eds., (Dartmouth/Ashgate Press; Reissued, London: Routledge Press, 2019)

Jothie Rajah• “Rule of Law and Sovereignty outside the State”, Vol 12,

Hague Journal on the Rule of Law (2019)

• “Governing Authoritarian Law: Law as Security” in L. Rahim & M. Barr, eds., The Limits of Authoritarian Governance in Singapore’s Developmental State pgs. 277-303 (Palgrave McMillan, 2019)

• “Re-Making the Global: Law, Politics, and Populism in the USA Patriot Act,” 26:1 Indiana Journal of Global Legal Studies, 61-86 (2019)

• Authoritarian Rule of Law: Legislation, Discourse and Legitimacy in Singapore (Chinese translation, Cambridge University Press, 2019)

• “Transnational Law as Drama,” in P. Zumbansen, ed., The Many Lives of Transnational Law (Cambridge University Press, Forthcoming 2020)

• “Representing Transnational Law,” in P. Zumbansen, ed., The Oxford Handbook of Transnational Law, (Forthcoming 2020)

• “Law’s Governing Centers: A Global Sociolegal Approach”, in F. Gadinger and J.A. Scholte, eds., (Dis)Order: Technique, Power, Legitimacy in Polycentric Governing (Forthcoming 2020)

Rebecca L. Sandefur• Legal Tech for Non-Lawyers: Report of the Survey of US Legal

Technologies (Chicago, IL: American Bar Foundation, 2019)

• “Access to What?” Daedalus, The Journal of the American Academy of Arts and Sciences (2019)

• “What Do We Want!?” Fordham Law Review Online 158-59 (2019)

• “The American Legal Profession in the New Millenium: Out of Many, One?” (w. S.L. Cummings, C.S. Seron, A. Southworth, S.A. Boutcher, & A. Raup-Kounovsky), in R. L. Abel, O. Hammerselv, and H. Sommerlad, eds., Lawyers in Society, (Oxford, UK: Hart Publishing, Forthcoming 2020)

• “Paralegals and the Casualisation and De-Professionalization of Lawyers,” (w. T.M. Clarke, S. Gustaffson, J. Hersant, N. Holvast, H. Sommerlad, & L. Verzelloni), in R. L. Abel, O. Hammerselv, and H. Sommerlad, eds., Lawyers in Society (Oxford, UK: Hart Publishing, Forthcoming 2020)

• “Lawyers and Access to Justice,” (w. R. Hunter and A. Olesen), in R. L. Abel, O. Hammerselv, and H. Sommerlad, eds., Lawyers in Society, Oxford, UK: Hart Publishing, Forthcoming 2020)

Christopher Schmidt• “Cooper v. Aaron and Judicial Supremacy,” 41 University of

Arkansas at Little Rock Law Review (2019)

Susan P. Shapiro• Speaking for the Dying: Life-and-Death Decisions in Intensive

Care (University of Chicago Press, 2019)

Selected Publications

Page 39: Annual Report - American Bar Foundation

www.americanbarfoundation.org • 2019 Annual Report 37

Law & Social InquiryLaw & Social Inquiry (LSI) is a quarterly, interdisciplinary, peer-

reviewed scholarly journal of international standing. LSI examines

pressing sociolegal issues across multiple disciplines, including

anthropology, criminology, economics, history, law, philosophy,

political science, sociology, and social psychology. Recent LSI

articles have been awarded numerous distinctions, including

the Law & Society Association Article Prize.

Submitted manuscripts are reviewed by the LSI Editorial

Committee and then sent out to expert scholars in a double-blind

peer review process. LSI also regularly features symposia, or a

series of manuscripts centered on a specific sociolegal theme. In

addition to its high quality of original research, LSI is known for

its review essays. Review essays are article-length treatments of

a book or group of books that situate them within their greater

intellectual context. Each issue of the journal also includes “Book

Notes” that present brief descriptions of twenty or thirty recently

published books of interest to those working in the field of law

or the social sciences. LSI also holds an annual student paper

competition for graduate students, which includes a monetary

prize and publication of the winning paper.

ABF scholars play a critical role in maintaining LSI’s excellent

standards for sociolegal scholarship through their service as

editors, peer reviewers, and authors.

ABF Publications

Researching LawResearching Law is a newsletter designed to acquaint a wide

audience with the research activities of the American Bar

Foundation. The articles that appear in the publication present

the findings of ABF research projects in a concise, nontechnical

format. In Winter 2019, Researching Law focused on the doctoral

fellowship program and featured interviews and research

highlights for current and past doctoral fellows. In Fall 2019,

Researching Law featured an overview and a chapter excerpt

from Speaking for the Dying: Life-and-Death Decisions in Intensive

Care by ABF Research Professor Susan P. Shapiro.

Researching Law is written and edited by the ABF’s

communications team. The newsletter is distributed to a wide

audience, including the Fellows of the American Bar Foundation,

policy makers, libraries, foundations, government agencies, and

media outlets. Issues are also posted on the ABF website and

may be downloaded at http://www.americanbarfoundation.org/publications/researchinglaw.html.

The LSI Editorial Committee (L-R): Evelyn Atkinson, Paul Baumgardner, Meghan L. Morris, Stephen Daniels, Breck Radulovic, Christopher Schmidt, Margot Moinester, and Mary Ellen Stitt.

LAW WINTER 2019Vol 30 | No 1

Researching

Fostering the Next Generation:Three Decades of the ABF Doctoral and

Postdoctoral Fellowship Programs

LAW FALL 2019Vol 30 | No 2

Researching

ABF Scholar Sheds a Light on Life-and-Death Decisions in Intensive Care

Page 40: Annual Report - American Bar Foundation

38 American Bar Foundation • www.americanbarfoundation.org

• “The early years are getting increased attention” | James

Heckman featured | The Economist | January 3, 2019

• “With smack-talking invective, lawyer groups appeal

to the public as one big jury pool” | Stephen Daniels

featured | Salon | January 27, 2019

• “Maybe There’s an App for That” | Rebecca Sandefur

interviewed | Legal Talk Network | January 29, 2019

• “DRC’s Contested Election: Constitutional Coup or Baby

Step to Democracy?” | Op-Ed by Carol Heimer | TRT

World | February 1, 2019

• “Legal Tech Abounds, But Not the Kind People Need

Most” | Rebecca Sandefur featured | Law 360 | February 3,

2019

• “How Juries Bring Legitimacy to Legal Proceedings” |

Shari Seidman Diamond interviewed | Planet Lex Podcast

| February 6, 2019

• “Why Ford Needs to Grapple with Its Founder’s Anti-

Semitism” | Op-Ed by Victoria Saker Woeste | The

Washington Post | February 9, 2019

• “Book Examines What Helps Keep Democracies Safe”

| Tom Ginsburg featured | Chicago Daily Law Bulletin |

February 12, 2019

• “Everyone Needs Legal Help. That Doesn’t Mean

Everyone Needs a Lawyer.” | Rebecca Sandefur

interviewed | The New York Times | February 13, 2019

• “Why are Law Clerks So White?” | Ajay K. Mehrotra

featured | Law 360 | May 3, 2019

• “What’s Not on the Test” | James Heckman interviewed

| NPR Hidden Brain | May 13, 2019

• “How Growing Raisins Became Highly Dangerous Work”

| Op-Ed by Victoria Saker Woeste | The Washington Post |

May 17, 2019

• “The Benefits of Pre-Schooling May Extend for

Generations” | James Heckman featured | The Economist

| June 11, 2019

• “The Real Access-to-Justice Problem and How We Might

Solve It” | Rebecca Sandefur interviewed | Lawyerist

Podcast | June 12, 2019

• “How Detroit’s Mistakes Cost This Woman Her Home” |

Bernadette Atuahene featured | Detroit Free Press | June

21, 2019

• “Aetna Foresees Savings, Better Care from End-of-Life

Counseling” | Susan Shapiro interviewed | Bloomberg

Law | June 27, 2019

• “‘Speaking for the Dying’: 2 Years of Observations on

ICU Decision-Making” | Susan Shapiro interviewed |

WTTW Chicago Tonight | July 07, 2019

• “With Candida Auris, a Lack of Transparency Could

Make Things Worse” | Op-Ed by Carol A. Heimer | U.S.

News | July 16, 2019

• “Crisis Bill Due: Who Will Pay for Ebola?” | Op-Ed by

Carol A. Heimer | The Hill | July 26, 2019

• “Odds Stacked Against Victims of Sexual Harassment

in Georgia” | Laura Beth Nielsen featured | Atlanta

Journal-Constitution | July 26, 2019

• “Tlaib Hosts Detroit Hearing on Access, Equity Issues

in Housing” | Bernadette Atuahene featured | Michigan

Advance | August 2, 2019

• “The indigenous jury in Chaco took a big step towards

its implementation” | Shari Diamond quoted | Perfil |

August 08, 2019

• “British Academics Call on University of Hong Kong

Not to Dismiss Jailed Law” | Terence Halliday featured |

The Telegraph | August 12, 2019

• “A New Push to Solve the Mystery of Low Numbers

of Minority Law Clerks” | Ajay K. Mehrotra featured |

Law.com | August 15, 2019

• “Highly Educated Young People at Core of Hong Kong

Protests” | Terence Halliday featured | Inside Higher Ed |

August 16, 2019

• “Summer Vacation? Women Caregivers Less Likely

than Men to Get a Real Break” | Op-Ed by Carol Heimer |

Thrive Global | August 16, 2019

• “Lawyers: Who Needs ‘Em?” | Rebecca Sandefur

interviewed | Slate Amicus Podcast | August 17, 2019

• “Intergenerational benefits of high-quality early

childhood education for underprivileged children:

Evidence from the iconic Perry Preschool Project” |

Column by James Heckman | VOX CEPR Policy Portal |

August 23, 2019

• “Legal Experts Explain Why Luke Walton’s Accuser

Didn’t Speak to Investigators” | Laura Beth Nielsen

quoted | NBC Sports | August 25, 2019

• “Choosing an Effective Surrogate Decision Maker” |

Susan Shapiro featured | The Detroit Jewish News |

August 30, 2019

• “Legal Tech for Non-Lawyers: Persistent Barriers

Holding Back Development” | Rebecca Sandefur

interviewed | Thomson Reuters | August 20, 2019

• “Our Children Deserve Better” | James Heckman work

featured | The New York Times | September 11, 2019

• “Civil Justice Needs Federal Leadership” | Rebecca

Sandefur work featured | Center for American Progress

| September 16, 2019

Recent Major Media Coverage and Faculty Op-Eds

Page 41: Annual Report - American Bar Foundation

www.americanbarfoundation.org • 2019 Annual Report 39

ABF Research Professor Susan P. Shapiro appears on WTTW Chicago Tonight on July 8, 2019, to discuss her book Speaking for the Dying: Life-and-Death Decision in Intensive Care.

• “Britain’s Supreme Court Is Thrust Into Center of Brexit

Debate” | Tom Ginsburg quoted | The New York Times |

September 18, 2019

• “Break Up Lawyers’ Monopoly on the Law” | Op-Ed by

Rebecca Sandefur | POLITICO Magazine | September 30,

2019

• “Constitution is among India’s greatest success stories”

| Tom Ginsburg featured | The Times of India | September

22, 2019

• “Democratic erosion does not happen in one sweep, but

slowly, says DY Chandrachud,” Tom Ginsburg featured |

Firstpost | September 25, 2019

• “Why technology is both a threat and opportunity to

your job” | James Heckman quoted | Business Insider |

September 30, 2019

• “Death by a Thousand Cuts” | Tom Ginsburg featured |

India Today | October 04, 2019

• “Interview with Professor Tom Ginsburg, Leo Spitz

Professor of International Law and Political Science in

the University of Chicago” | Tom Ginsburg interviewed |

The Economic Times | October 19, 2019

• “What is Populism and Why Does it Matter?” | Tom

Ginsburg featured | Inkstick Media | October 22, 2019

• “The necropolitical law of assassination” | Op-Ed by

Jothie Rajah | October 31, 2019

• “We Have To Guard Ourselves Against Gradual Erosion

Of Democratic Space” | Tom Ginsburg featured | Live Law

| November 10, 2019

• “Constitutional Questions Debated in Testy New Phase

of Impeachment” | Tom Ginsburg Interviewed | WTTW

Chicago Tonight | December 4, 2019

• “Opinion: Impeachment has rebooted other

democracies stuck in corruption and gridlock” | Op-Ed

by Tom Ginsburg (with Aziz Z. Huq and David Landau)

| Los Angeles Times | December 15, 2019

Page 42: Annual Report - American Bar Foundation

40 American Bar Foundation • www.americanbarfoundation.org

Collaboration with Strategic Partners Since its founding in 1952, the ABF has collaborated

with strategic partners to provide useful research for

the organized bar, bench and academy through the

dissemination of research findings and by conducting

specific scholarly projects.

The ABF leverages its resources to increase collaborations

with strategic partners, such as the American Bar

Association (ABA), as well as other research-oriented

institutions. From time to time, the ABF collaborates

with ABA entities on specific research initiatives.

“Research on Senior Women in the Legal Profession,” an

ongoing project with the ABA, is a Presidential Initiative

of former ABA President Hilarie Bass and is being led

by ABF researchers in collaboration with ABA leaders

Stephanie Scharf and Roberta Liebenberg. The project

has conducted numerous focus groups and individual

interviews with lawyers across the country, as well

as surveys of lawyers and other legal professionals.

Preliminary findings from this project were discussed

at a summit held at the Northwestern Pritzker School

of Law, and during the ABA annual meeting. The project

leaders anticipate publishing a report this winter.

The ABF is collaborating with the ABA Senior Lawyer

Division in helping to disseminate the findings of the

longstanding ABA project, “Women Trailblazers in the

Law.” This project is devoted to capturing, recording, and

preserving the complete life histories of pioneering women

lawyers as told by the women themselves. ABF Executive

Director Ajay K. Mehrotra is working closely with ABA

leader Brooksley Born, the founder of this project, and

Linda Ferren, the project manager, in assisting with the

final stages, including broad dissemination of the project

to scholars and other stakeholders. A press release was

created to promote a website that showcases the rich

history of women trailblazers, and a panel was organized

at the American Association of Law School’s annual

conference. Similar events are planned for the future.

Finally, the ABF regularly provides substantive advice

and expertise and furnishes condensed research briefs

to ABA entities to keep leaders and members abreast

of the latest research findings on some of the most

relevant topics in the ongoing national and international

conversations on law. These efforts support the goal of

the ABF to enhance the public’s understanding of law,

legal institutions, and legal processes.

Page 43: Annual Report - American Bar Foundation

www.americanbarfoundation.org • 2019 Annual Report 41

Undergraduate Research Diversity Fellowships in Law and Social Science The Undergraduate Research Diversity Fellowship in Law and Social Science offers students, who are selected

from across the country in a highly competitive application process, the opportunity to explore the field of

sociolegal research and observe law practice in the private and public sector. Since 1988, 129 undergraduates have

participated in the fellowship. The Undergraduate Research Diversity Fellowship is supported by generous grants

from the Law School Admission Council (LSAC), Kenneth F. and Harle G. Montgomery Foundation, and Walmart.

Law School Admission Council (LSAC) Year-Long Fellow:Lisette Gonzalez-Flores, of Glendale

Heights, Illinois, is a

junior at the University

of Chicago majoring

in Sociology and

Comparative Race &

Ethnic Studies as an

Odyssey and Questbridge Scholar. She is interested in the

intersection of immigration, law, and higher education,

seeking to understand the barriers to mobility for Latinx

immigrants. Gonzalez-Flores hopes to pursue a both a

J.D and Ph.D in Sociology and worked with ABF Director

Emeritus Robert Nelson during her fellowship.

Walmart Fellow:Mariah Dozé, of

Saint Louis, Missouri,

is a senior at Emory

University pursuing a

B.A. in sociology and

African American

studies as a Robert

W. Woodruff Dean’s

Achievement Scholar

(DAS). She is interested

in prison reform and

striving for racial and economic justice in the U.S. legal

system. Dozé hopes to pursue a J.D. to further her study

of human and civil rights law after graduation and

worked with ABF Research Professor Laura Beth Nielsen

during her fellowship.

Montgomery Fellows:Nya Hardaway, of

Cleveland, Ohio, is a senior

at Washington University in

St. Louis majoring in African

and African American Studies

and Women, Gender, and

Sexuality Studies. She is

interested in the historical

impact of the legal system

on the lived experiences

of marginalized people,

specifically Black women

and girls. Hardaway hopes

to purse a joint J.D. and Ph.D.

in history to study historical

implications of inequality

and systemic oppression and

worked with ABF Research

Professor Chris Schmidt.

Evan Zhao, of Milwaukee,

Wisconsin, is a senior at

the University of Chicago

in a joint degree program

pursuing a B.A. in Sociology

with a minor in Comparative

Race and Ethnic Studies and an M.A. in the Social Sciences. He

is interested in postcolonial subjectivities, cultural migration,

information technology law, political economy, and the history of

liberalism. Zhao hopes to pursue a joint J.D. and Ph.D. in political

sociology to further his involvement with intercultural diplomacy

and worked with ABF Executive Director and Research Professor

Ajay K. Mehrotra during his fellowship.

2019 Undergraduate Research Diversity Fellows

Page 44: Annual Report - American Bar Foundation

42 American Bar Foundation • www.americanbarfoundation.org

The ABF is committed to developing the next generation of scholars in the field of

law, social science, and higher education by offering several doctoral and postdoctoral

fellowship opportunities.

Fellowships are held in residence at the ABF offices in Chicago and offer fellows the

opportunity to engage with our intellectual community, gain feedback on scholarly and

professional projects in workshop settings, and utilize ABF resources toward academic

goals. Fellows receive valuable mentorship from ABF researcher faculty members and

a generous stipend to help complete dissertation projects as well as fund research and

conference travel. Past fellows have built on their experiences at the ABF to go on to

promising careers in tenure-track university positions and as legal professionals.

The ABF/NSF Doctoral Fellowship Program in Law & Inequality is co-sponsored by

the ABF and the National Science Foundation (NSF). It aims to encourage original and

significant empirical and interdisciplinary research on the study of law and inequality.

The ABF/AccessLex Doctoral Fellowship Program in Legal & Higher Education is

co-sponsored by the ABF and AccessLex Institute. It aims to assist emerging scholars

who research issues of access, affordability, or value in legal and higher education.

The ABF/Northwestern University Doctoral Fellowship Program is co-sponsored by

the ABF and Northwestern University and seeks to encourage original and innovative

research on law, the legal profession, and legal institutions.

More information about each fellowship and the application process can be found

at americanbarfoundation.org.

Doctoral Fellowship Programs

The ABF Doctoral and Postdoctoral Fellows (L-R): Elizabeth Bodamer, Mary Ellen Stitt, Meghan L. Morris, Paul Baumgardner, Evelyn Atkinson, Jessica Lopez-Espino, and Ari Tolman.

2019 ABF Doctoral and Postdoctoral Fellows:• Evelyn Atkinson,

Ph.D. candidate in History at the University of Chicago; J.D., Harvard Law School

• Paul Baumgardner, Ph.D. candidate in the Department of the Politics and the Humanities Council at Princeton University

• Elizabeth Bodamer, Ph. D. candidate in Sociology at Indiana University Bloomington

• Hye Yun Kang, Ph.D. in Political Science at Northwestern Unviersity and in Philosophy at the Ecole Normale Superieure, Paris

• Jessica Lopez-Espino, Ph.D. candidate in Anthropology at New York University

• Margot Moinester, Ph.D. candidate in Sociology at Harvard University

• Rachel Montgomery, Ph.D. candidate in Higher Education at Pennsylvania State University

• Meghan L. Morris, Ph.D., Anthropology, University of Chicago; J.D., Harvard Law School

• Asad Rahim, Ph.D. in the Jurisprudence and Social Policy program at the University of California, Berkeley School of Law; J.D., Harvard Law School

• Mary Ellen Stitt, Ph.D. candidate in Sociology at the University of Texas at Austin

• Ari Tolman, J.D./Ph.D. candidate in Sociology at Northwestern University Pritzker School of Law

Page 45: Annual Report - American Bar Foundation

www.americanbarfoundation.org • 2019 Annual Report 43

AccessLex Institute• 30th Anniversary Celebration of the

Montgomery Summer Research Diversity Fellowship

• Creating More Supportive Law School Environments for Professors and Students of Color (Elizabeth Mertz)

• Emerging Scholars Fellowship Program in Legal and Higher Education (Ajay K. Mehrotra)

• Follow up Analyses from the Work of the ABA Task Force on the Financing of Legal Education (Stephen Daniels)

• Role of Legal Education in Lawyer Careers: Analyses from Three Waves of the After the JD Study (Robert Nelson)

American Bar Association • 30th Anniversary Celebration of the Summer

Research Diversity Fellowship

American Bar Endowment• 30th Anniversary Celebration of the Summer

Research Diversity Fellowship

American Society for Legal History• United States Legal History Roundtable

(Christopher Schmidt)

Anonymous• Portrait Project 2.0: A Portrait of Asian

Americans in the Law (Ajay K. Mehrotra and Justice Goodwin Liu (California Supreme Court))

Arnold & Porter• Portrait Project 2.0: A Portrait of Asian

Americans in the Law (Ajay Mehrotra, Ian Ayres (Yale), and Justice Goodwin Liu (California Supreme Court))

Asian American Bar Association of New York• Portrait Project 2.0: A Portrait of Asian

Americans in the Law (Ajay K. Mehrotra and Justice Goodwin Liu (California Supreme Court))

Asian American Bar Association of the Greater Bay Area• Portrait Project 2.0: A Portrait of Asian

Americans in the Law (Ajay K. Mehrotra and Justice Goodwin Liu (California Supreme Court))

Asian American Law Fund of New York• Portrait Project 2.0: A Portrait of Asian

Americans in the Law (Ajay K. Mehrotra and Justice Goodwin Liu (California Supreme Court))

Asian Pacific American Bar Association – Silicon Valley• Portrait Project 2.0: A Portrait of Asian

Americans in the Law (Ajay K. Mehrotra and Justice Goodwin Liu (California Supreme Court))

AT&T• Summer Diversity Research Fellowships

in Law and Social Science

California Bar Foundation• The Future of Latinos: Law, Opportunity, and

Mobility, A Network for Justice Planning Summit: Creating Legal and Legislative Support for Latino Communities (Robert Nelson and Rachel Moran)

California Community Foundation• The Future of Latinos: Law, Opportunity, and

Mobility, A Network for Justice Planning Summit: Creating Legal and Legislative Support for Latino Communities (Robert Nelson and Rachel Moran)

Center for Advanced Study in Behavioral Sciences • Research Faculty Fellowship

(John Hagan)• Research Faculty Fellowship

(Carol Heimer)

Chicago Community Trust• The Future of Latinos in the United States:

Law, Opportunity, and Mobility, Midwest Regional Roundtable (Robert Nelson and Rachel Moran)

• Research and consultation on the project Tackling Chicago’s Race Narrative (Robert Nelson)

• Research and consultation on the project Policing and Chicago Community (Robert Nelson)

Clifford Law Offices • 30th Anniversary Celebration of the

Summer Research Diversity Fellowship

Davis Polk & Wardwell• Portrait Project 2.0: A Portrait of Asian

Americans in the Law (Ajay K. Mehrotra and Justice Goodwin Liu (California Supreme Court))

Google Grants• Ongoing in-kind support of the American

Bar Foundation website (http://www.americanbarfoundation.org/index.html)

Howard School of Law• 30th Anniversary Celebration of the

Summer Research Diversity Fellowship

Sponsored ProgramsThe ABF research program is supported by an annual grant from the American Bar Endowment (see page 2) and

contributions from The Fellows of the American Bar Foundation and other supporters. The ABF also seeks grants

for specific research projects and other Foundation programs from government agencies and private foundations.

The following external sponsors provided support for projects over the last several years.

IFK Foundation • IFK Research Fellowship (Jothie Rajah)

Jenner & Block • 30th Anniversary Celebration of the

Summer Research Diversity Fellowship

The JPB Foundation• ABF/JPB Foundation Access to Justice Scholars

Program (Rebecca Sandefur)

Kenneth F. and Harle G. Montgomery Foundation• 30th Anniversary Celebration of the

Summer Research Diversity Fellowship • Undergraduate Summer Diversity Research

Fellowships in Law and Social Science • Research on equal opportunity in the

legal profession (Robert Nelson et. al)

Kirkland & Ellis• 30th Anniversary Celebration of the

Summer Research Diversity Fellowship • Fourth Conference of the Research Group

on Legal Diversity (RGLD) on Metrics, Diversity, and Law

Latham & Watkins• Portrait Project 2.0: A Portrait of Asian

Americans in the Law (Ajay K. Mehrotra and Justice Goodwin Liu (California Supreme Court))

Law School Admission Council• 30th Anniversary Celebration of the

Summer Research Diversity Fellowship • Undergraduate Summer Diversity Research

Fellowships in Law and Social Science

Legal Services Corporation and Friends of Legal Services Corporation• Accessing Justice in Contemporary America

(Robert Nelson and Rebecca Sandefur)

Microsoft Corporation• Fourth Conference of the Research Group

on Legal Diversity (RGLD) on Metrics, Diversity, and Law

National Asian Pacific American Bar Association (NAPABA)• Portrait Project 2.0: A Portrait of Asian

Americans in the Law (Ajay K. Mehrotra and Justice Goodwin Liu (California Supreme Court))

National Association for Law Placement Foundation• After the JD: The Trajectories of Legal Careers

(Ronit Dinovitzer, Robert Nelson, Bryant Garth, Gabriele Plickert, and Joyce Sterling)

Page 46: Annual Report - American Bar Foundation

44 American Bar Foundation • www.americanbarfoundation.org

National Conference of Bar Examiners• After the JD: Legal Careers in Transition

(Ronit Dinovitzer, Robert Nelson, Bryant Garth, and Joyce Sterling)

National Science Foundation• Workshop on Buddhism and Comparative

Constitutional Law (Tom Ginsburg and Benjamin Schonthal)

• Law and Social Science Fellowship and Mentoring Program on Law & Inequality (Ajay K. Mehrotra, Traci Burch, Nicole Gonzalez Van Cleve, and Laura Beth Nielsen)

• Workshop: Access to Civil Justice (Rebecca Sandefur, Alyx Mark, and David Udell)

• Workshop: Legal Education in Crisis? Bringing Researchers and Resources Together to Generate New Scientific Insights (Elizabeth Mertz)

• Adolescent and Adult Lives of Children of Parents Returning from Prison (John Hagan and Holly Foster) —Supplemental grant also awarded

under the NSF Research Experiences for Undergraduates Program

• Conceptualizing Property Takings (Bernadette Atuahene)

• Workshop: Parental Incarceration in the United States: Bringing Together Research and Policy to Reduce Collateral Costs to Children (John Hagan)

• Law and Social Science Dissertation Fellowships and Mentoring Program (Laura Beth Nielsen; joint program with the Law and Society Association)

• Punishment Regimes and the Multi-Level Effects of Parental Imprisonment: Inter-institutional, Inter-generational and Inter-sectional Models of Inequality and Exclusion (John Hagan and Holly Foster)—Supplemental grant also awarded

under the NSF Research Experiences for Undergraduates Program

• Accessing Justice in Contemporary America: The Community Needs and Services Survey (Rebecca Sandefur, Robert Nelson)—Supplemental grant also awarded

under the NSF Research Experiences for Undergraduates Program

• After the JD III: The Trajectories of Legal Careers (Ronit Dinovitzer, Robert Nelson, Bryant Garth, and Joyce Sterling)

• Crime, War and Wealth in Pre- and Post-Invasion Iraq (John Hagan)

• Ethnicity, Inc. (John Comaroff and Jean Comaroff)

• Local Courts and African American Life, 1865-1930 (Dylan Penningroth). Funded under the American Recovery and Reinvestment Act of 2009 (Public Law 111-5)

• Lawyers in the Pursuit of Basic Legal Rights: Criminal Defense in China (Terence Halliday and Sida Liu)

Northwestern University• American Bar Foundation/Northwestern

University Doctoral Fellowship Program in Law and Social Science

• 30th Anniversary Celebration of the Summer Research Diversity Fellowship

• Aspen Institute Justice & Society Seminar for Judges of the U.S. Court of Appeals for the Seventh Circuit and its District Courts —Pritzker School of Law

• The Future of Latinos: Law, Opportunity, and Mobility, Inaugural Midwest Regional Roundtable (Robert Nelson and Rachel Moran)—Office of the Provost—Pritzker School of Law

• Fourth Conference of the Research Group on Legal Diversity (RGLD) on Metrics, Diversity, and Law—The Graduate School—Weinberg College of Arts and Sciences—Kellogg Graduate School of Business—Pritzker School of Law—Office of the Provost

• Portrait Project 2.0: A Portrait of Asian Americans in the Law (Ajay K. Mehrotra and Justice Goodwin Liu (California Supreme Court))

Open Society Foundations• Legally Empowering Technologies

(Rebecca Sandefur)• 2019 Soros Equality Fellow

(Bernadette Atuahene)

Oscar M. Ruebhausen Fund at Yale Law School • Future of Latinos in the United States Law,

Opportunity, and Mobility, Northeast Regional Roundtable (Robert Nelson and Rachel Moran)

Public Welfare Foundation• Increasing Access to Justice through Expanded

Roles Beyond Lawyers: Developing and Testing an Evaluation Framework (Rebecca Sandefur, in conjunction with the National Center on State Courts)

Robert Wood Johnson Foundation• Investigator Award in Health Policy Research:

Gatekeepers at Life’s End: Surrogate Decision-Making in Intensive Care (Susan Shapiro)

Sponsored Programs

Spencer Foundation• Financial Vulnerability of Public HBCUs to

State Funding Policies (Matthew Shaw)

United Airlines• 30th Anniversary Celebration of the

Summer Research Diversity Fellowship

University of California, Los Angeles• The Future of Latinos: Law, Opportunity, and

Mobility, A Network for Justice Planning Summit: Creating Legal and Legislative Support for Latino Communities (Robert Nelson and Rachel Moran)—School of Law—Office of the Executive Vice Chancellor

and Provost—School of Law’s David J. Epstein Program

in Public Interest Law and Policy—César E. Chávez Department of Chicana/o

Studies —School of Law’s Critical Race Studies

Program—Chicano Studies Research Center

University of California, Davis School of Law • The Future of Latinos: Law, Opportunity, and

Mobility, A Network for Justice Planning Summit: Creating Legal and Legislative Support for Latino Communities (Robert Nelson and Rachel Moran)

Walmart • 30th Anniversary Celebration of the

Summer Research Diversity Fellowship

Yale Law School• Portrait Project 2.0: A Portrait of Asian

Americans in the Law (Ajay K. Mehrotra and Justice Goodwin Liu (California Supreme Court))

Yamini Designs• 30th Anniversary Celebration of the

Summer Research Diversity Fellowship

Research FundsThe American Bar Foundation acknowledges with gratitude those individuals who continue to support its research funds.

The Robert O. Hetlage Scholarship Fund supports the participation of students and young faculty in the research programs of the American Bar Foundation, including the Summer Research Diversity Fellowship Program for undergraduate minority students, the Doctoral Fellowship Program for dissertation research, and a Young Scholars Program to support research in the first five years of an academic career.

The William Reece Smith, Jr. Research Fund advances ABF research on the topics of professionalism, pro bono legal services, and the role of the legal profession internationally to advance human rights and access to justice.

The Liz and Peter Moser Research Fund in Legal Ethics, Professional Responsibility and Access to Legal Services supports path-breaking, empirical research in the field of legal ethics, professional responsibility, and access to legal services.

Page 47: Annual Report - American Bar Foundation

www.americanbarfoundation.org • 2019 Annual Report 45

• Jamie Rowen, University of Massachusetts Amherst—“The Purposes and Practices of Veterans Treatment Courts,” January 23

• Amada Armenta, Luskin School of Public Affairs, UCLA—“Immigrants and the Law: Crafting Moral Selves in the Face of Immigration Control,” March 13

• Yanilda María González, University of Chicago—“Reforming to Avoid Reform: How Police Use Strategic Policy Substitution to Constrain Institutional Change,” April 3

• Lucy E. Salyer, University of New Hampshire—“Under the Starry Flag: How a Band of Irish Americans Joined the Fenian Revolt and Sparked a Crisis Over Citizenship,” April 10

• Andrew Papachristos, Northwestern University—“The Social Structure of Police Misconduct,” April 17

• Jennifer K Robbennolt, University of Illinois, Urbana–Champaign—“Service Members’ Reactions to Amends for Lawful Civilian Casualties,” April 24

• Christine Parker, Melbourne Law School—“A Critical Evaluation of the Democratic, Transformative Governance Capacity of Food Labelling,” May 1

• Kate Masur, Northwestern University—“Popular Politics and the Making of the 14th Amendment,” May 8

• Laurence Ralph, Princeton University—“The Black Box of Police Torture,” May 15

• Johanna Ransmeier, University of Chicago—“Legal Literacy and Constructions of ‘Law’ in Republican China,” May 22

• Martin Krygier, University of New South Wales—“What’s the Point of the Rule of Law,” July 24

• Elizabeth Bodamer, ABF Doctoral Fellow—“The Balancing Act: How Antecedent Experiences and Social Support Systems Affect Students’ Sense of Belonging in Law School,” September 18

• Jessica Lopez-Espino, ABF Doctoral Fellow—“Adjudicating the Right to Parent: The Management & Evaluation of “Risky Parents” in a California Child Welfare Court,” September 18

• Ari Tolman, ABF Doctoral Fellow—“Beyond Administrative Sanction: Criminal Prosecution of Prisoners with Mental Illness,” September 18

• Richard Abel, University of California, Los Angeles School of Law—“Law’s Wars, Law’s Trials,” October 9

• Issa Kohler-Hausmann, Yale Law School—“Misdemeanorland: Criminal Courts and Social Control in an Age of Broken Windows Policing,” October 16

• John Witt, Yale Law School- “Tort as Private Administration,” October 23

• Angela P. Harris, University of California, Davis—“The Color of Farming: Race, Law, and American Agriculture,” October 30

• Kristen Barnes, Syracuse University College of Law—“Reframing Housing: The New Public-Private Law Paradigm,” November 6

• Debbie Becher, Columbia University—“Private Property and Private Law as Sources of Progressive Power: Lessons from American Oil Development,” November 13

• Andrew Koppelman, Northwestern Law—“The Corruption of Libertarianism: How a Philosophy of Freedom was Betrayed by Delusion and Greed,” November 20

• Michael Rodríguez-Muñiz, Northwestern University—“Figures of the Future: Latino Civil Rights and the Demographic Quest for Recognition,” December 4

Research Presentations at the ABF in 2019

Top: Kristen Barnes, Professor of Law at Syracuse University College of Law, presents “Reframing House: The New Public-Private Law Paradigm” on November 6, 2019.

Below: Amada Armenta, Assistant Professor of Urban Planning at the University of California, Los Angeles, presents her seminar “Immigrants and the Law: Crafting Moral Selves in the Face of Immigration Control” on March 13, 2019.

Page 48: Annual Report - American Bar Foundation

46 American Bar Foundation • www.americanbarfoundation.org

Fellows ProgrammingDuring the 2019 American Bar Association (ABA) Midyear

Meeting in Las Vegas, the Fellows presented a CLE

Research Seminar entitled “Maybe There’s an App for

That: New Legal Technologies, Access to Justice, and the

Changing Practice of Law.” Anchored by research from

ABF Faculty Fellow and recently named MacArthur Fellow

Rebecca L. Sandefur, the panel explored how new tools

automate aspects of legal practice and legal services

delivery. Panelists highlighted these contemporary

developments, and explored the implications for how

law is practiced, for legal empowerment of non-lawyers,

and for the definition of the practice of law itself. The

additional panelists included: Katherine Altender, the

Director of the Self-Represented Litigation Network;

Barbara Buckley, the Executive Director of the Legal

Aid Center of Southern Nevada; George Clement, the

Co-Founder of JustFix.nyc; and Daniel B. Rodriguez,

the Harold Washington Professor at the Northwestern

Pritzker School of Law. The Seminar was moderated by

The Fellows of the American Bar FoundationThe Fellows of the American Bar Foundation comprise a global honorary society of attorneys, judges, and legal scholars

whose public and private careers have demonstrated exceptional dedication to the highest principles of the legal profession

and to the welfare of their communities.

Established in 1955, Fellows encourage and support the research of the American Bar Foundation (ABF) and sponsor

seminar programs on topics of direct relevance to the legal profession. Membership in the Fellows is limited to one percent

of licensed lawyers in each jurisdiction. Fellows are recommended by their peers and approved by the Board of the ABF.

1. The panel for the Fellows CLE, “Maybe There’s an App for That: New Legal Technologies, Access to Justice, and the Changing Practice of Law”, at the 2019 ABA Midyear Meeting in Las Vegas along with ABF Executive Director Ajay K. Mehrotra. (L-R): Hon. Elizabeth S. Stong, Rebecca L. Sandefur, Daniel B. Rodriguez, Katherine Alteneder, Ajay Mehrotra, Barbara Buckley, and Georges Clement.

2. Panelists Devon W. Carbado (ABF Neukom Fellows Research Chair in Diversity and Law and UCLA Professor of Law) and L. Song Richardson (Dean and Chancellor's Professor of Law, University of California, Irvine School of Law) discuss “Race, Law, and the Mind Sciences” at the Fellows CLE during the 2019 ABA Annual Meeting in San Francisco.

3. The panel for the Fellows CLE, “Race, Law, and the Mind Sciences: The Many Implications of Implicit Bias,” at the 2019 ABA Annual Meeting in San Francisco, along with ABF Executive Director Ajay K. Mehrotra. (L-R): Jonathan Feingold, Research Fellow, BruinX; Devon W. Carbado, ABF Neukom Fellows Research Chair in Diversity and Law and UCLA Professor of Law; L. Song Richardson, Dean and Chancellor's Professor of Law, University of California, Irvine School of Law; and Ajay Mehrotra, ABF Executive Director.

1

2

3

Page 49: Annual Report - American Bar Foundation

www.americanbarfoundation.org • 2019 Annual Report 47

Hon. Elizabeth S. Stong, U.S. Bankruptcy Judge from the

Eastern District of New York. This program co-sponsored

by the ABA Center for Innovation, ABA Criminal Justice

Section, ABA Division for Legal Services, ABA Government

& Public Sector Lawyers Division, ABA Section of

Civil Rights & Social Justice, ABA Section of Science

& Technology Law, and ABA Young Lawyers Division.

At the 2019 ABA Annual Meeting in San Francisco,

the Fellows sponsored the CLE Research Seminar, “Race,

Law and the Mind Sciences: The Many Implications

of Implicit Bias.” Moderated by Jonathan Feingold, a

Research Fellow at BruinX, the seminar discussed the

importance of implicit bias to debates about policing,

affirmative action, and employment discrimination.

The panel focused on the research of Devon W. Carbado,

the American Bar Foundation Neukom Fellows Research

Chair in Diversity and Law (2018-19) and the Honorable

Harry Pregerson Professor of Law at UCLA. He was joined

by L. Song Richardson, Dean and Chancellor’s Professor

of Law at the University of California Irvine School of Law.

The session was co-sponsored by the ABA Coalition on

Racial and Ethnic Justice, ABA Commission on Disability

Rights, ABA Commission on Hispanic Legal Rights &

Responsibilities, ABA Commission on Racial & Ethnic

Diversity in the Profession, ABA Council for Diversity in

the Educational Pipeline, ABA Section of Civil Rights &

Social Justice, and ABA Young Lawyers Division.

The Fellows Research Advisory Committee (FRAC)

works with the Executive Director of the ABF and the

Officers of the Fellows to organize the Fellows Research

Seminars each year and serves as a bridge between the

research program of the ABF and the profession, including

the practicing bar, the judiciary, and legal education.

Fellows EventsThe Fellows events at the ABA Midyear Meeting in Las

Vegas began with the Fellows Opening Reception held

at The Mob Museum and was generously sponsored by

1. L-R: Jimmy K. Goodman, Visionary Fellow and ABF Board Member; Reginald M. Turner, 2018-19 Fellows Chair; Marcia H. Turner and Deborah Goodman at the Fellows Opening Reception during the 2019 ABA Annual Meeting in San Francisco.

2. L-R: Ajay K. Mehrotra, ABF Executive Director; Kathy Pace, ABF Director of Development; Marcia H. Turner; Reginald M. Turner, 2018-19 Fellows Chair; and David Houghton, ABF President at the Fellows Opening Reception during the 2019 ABA Annual Meeting in San Francisco.

3. Marilyn Harbor, Oregon Life Fellow, and Michael Byowitz, New York Philanthropist Fellow and ABF Board Member, at the Fellows Opening Reception during the 2019 ABA Midyear Meeting in Las Vegas.

1

3

2

Page 50: Annual Report - American Bar Foundation

48 American Bar Foundation • www.americanbarfoundation.org

Wachtell, Lipton, Rosen & Katz. Fellows had access to the

full Museum exhibits offering a view of the continuing

battle between organized crime and the law—from

vintage Las Vegas to the back alleys of American cities.

The 63rd Annual Fellows Awards Banquet was held

at the Divine Café at Springs Preserve. Justice Michael Douglas, the recently retired Chief Justice of the Supreme

Court of Nevada, delivered the keynote remarks. The

Fellows gratefully recognize Gold Sponsors: Clark Hill PLC; UNLV William S. Boyd School of Law; and Parsons Behle & Latimer. The banquet featured awards to the

following honorees:

• Outstanding Service Award: Hon. Dennis W. Archer, Chairman Emeritus of Dickinson Wright PLLC

and Chairman & CEO of Dennis W. Archer PLLC

• Outstanding Scholar Award: Richard L. Abel, Connell Distinguished Professor of Law Emeritus and

Distinguished Research Professor at UCLA School of Law

• Outstanding State Chair Award: Wisconsin

Co-Chairs Robyn S. Shapiro, Founder & Attorney at

Health Science Law Group LLC and John S. Skilton,

Partner at Perkins Coie LLP

During the ABA Annual Meeting in San Francisco

in August, the Fellows gathered at local art gallery 111

Minna for an evening of celebration during the Fellows

Opening Reception, which was generously sponsored

by Wachtell, Lipton, Rosen & Katz.

The next morning, the Fellows held the annual

Fellows Business Breakfast featuring keynote remarks

entitled “Who’s Going to Law School? Trends in JD

Enrollment, 2008–2018” from California Supreme Court

Associate Justice Goodwin H. Liu. The Fellows gratefully

recognize the following sponsors:

• Gold Sponsor: Clark Hill

• Silver Sponsors: Kirkland & Ellis and Parsons Behle & Latimer

Following the Midyear Meeting, the Fellows hosted

a special dinner event in Napa, CA with Professor Devon Carbado, 2018-19 ABF Neukom Chair in Diversity and Law.

The Fellows of the American Bar Foundation

1. Reginald M. Turner, 2018-19 Fellows Chair, delivers opening remarks at the Las Vegas Mob Museum for the Fellows Opening Reception during the 2019 ABA Midyear Meeting.

2. California Supreme Court Associate Justice Goodwin H. Liu delivers the keynote speech at the Fellows Business Breakfast during the 2019 ABA Annual Meeting in San Francisco.

3. Ellen M. Jakovic, 2019-20 Fellows Chair, presents an award to Reginald M. Turner, 2018-19 Fellows Chair, in recognition of his service to the Fellows during the Fellows Business Breakfast at the 2019 ABA Annual Meeting in San Francisco.

1

2

3

Page 51: Annual Report - American Bar Foundation

www.americanbarfoundation.org • 2019 Annual Report 49

The Fellows were pleased to hold a first-ever

Fellows Reception in conjunction with the 2019 Annual

meeting of the Association of American Law Schools in

New Orleans, LA. The event featured keynote remarks

from then ABA President-Elect Judy Perry Martinez. In

addition, the Fellows continue to work closely with other

national organizations and ABA entities hosting Fellows

reception events in conjunction with The National Bar

Association 2019 Annual Convention, the ABA Section

Officers Conference 2019 Fall Leadership Meeting, and

first-ever Fellows events at both the ABA Young Lawyers

Division Spring Conference and the ABA Business Law

2019 Annual Meeting.

Many Fellows State Chairs organized local events

where Fellows heard presentations from noteworthy

speakers and socialized among colleagues and friends.

In March, Maine Fellows hosted a luncheon featuring

remarks from Life Fellow and U.S. Court of Appeals for the

First Circuit Judge William J. Kayatta, Jr. Washington, DC

Fellows held their annual dinner event in May with Hon. Vanessa Ruiz, President of the International Association

of Women Judges. In December, the Kansas Fellows’

annual dinner featured remarks from Kansas Supreme

Court Chief Justice Lawton Nuss. Additional local Fellows

events were hosted in Alabama, Arkansas, Colorado,

Illinois, Kentucky, Minnesota, Mississippi, Missouri, New

Jersey, New Mexico, New York, Oregon, Utah, Washington,

and Wisconsin. Several ABF Research Professors and

scholars presented at these Fellows events.

2019–2020 Fellows OfficersChair: Ellen M. Jakovic, Washington, D.C.

Chair-Elect: Hon. Eileen A. Kato (Ret.), Seattle, Washington

Secretary: Dean Emeritus Cynthia E. Nance, Fayetteville, Arkansas

Immediate Past Chair: Reginald M. Turner, Detroit, Michigan

2018–2019 Fellows OfficersChair: Reginald M. Turner, Detroit, Michigan

Chair-Elect: Ellen M. Jakovic, Washington, D.C.

Secretary: Hon. Eileen A. Kato (Ret.), Seattle, Washington.

Immediate Past Chair: Rew R. Goodenow, Reno, Nevada

1. Rew Goodenow (L), 2018-19 Fellows Immediate Past Chair, with Hon. Dennis W. Archer, Life Fellow and recipient of the 2019 Fellows Outstanding Service Award, at the Fellows Awards Banquet during the 2019 ABA Midyear Meeting in Las Vegas.

2. L-R: Michelle A. Behnke, Life Fellow and ABA Treasurer; Pamela E. Barker, Wisconsin Fellow; and John S. Skilton, Wisconsin Co-Chair and co-recipient of the 2019 Fellows Outstanding State Chair award, at the Fellows Awards Banquet during the 2019 ABA Midyear Meeting in Las Vegas.

3. Professor Richard L. Abel (L), recipient of the 2019 Fellows Outstanding Scholar Award, with Professor Christine C. Goodman, California Fellow, at the Fellows Awards Banquet during the 2019 ABA Midyear Meeting in Las Vegas.

1

32

Page 52: Annual Report - American Bar Foundation

50 American Bar Foundation • www.americanbarfoundation.org

Each year, Life Fellows of the ABF provide contributions that support the innovative and influential research being conducted by the American Bar Foundation. Their continued financial support is vital to the ABF’s work.

Life Fellow Giving Societies*Giving Societies are composed of Life Fellows whose commitment to advancing justice and the understanding of law is

reflected through their contributions to the ABF and beyond their initial pledge of support. Giving societies are as follows:

• A Life Fellow who contributes an aggregate of $50,000 will be named a Philanthropist Fellow• A Life Fellow who contributes an aggregate of $25,000 will be named a Visionary Fellow• A Life Fellow who contributes an aggregate of $17,500 will be named a Leadership Fellow• A Life Fellow who contributes an aggregate of $10,000 will be named a Benefactor Fellow• A Life Fellow who contributes an aggregate of $5,000 will be named a Patron Fellow• A Life Fellow who contributes a minimum of $250 (FY18–19) or $300 (FY19–20) annually

will be named a Sustaining Life Fellow*Changes to aggregate amounts were made in 2002 and 2017

We extend our appreciation to the many Philanthropist, Visionary, Leadership, Benefactor, Patron, and Sustaining

Life Fellows listed below who invested in the ABF between September 1, 2018 and December 15, 2019. Their generosity

furthers the longstanding culture of philanthropy that has supported the ABF's empirical research.

Contributions can be pledged over a period of years. Life Fellows who contribute annually at the Sustaining Life Fellow

Level and higher will be recognized in the ABF Annual Report, at Fellows events, and on the Fellows website.

Philanthropist Fellows

Kenneth J. Burns, Jr.†

Michael H. Byowitz

David A. Collins

Ellen J. Flannery

David S. Houghton

Robert MacCrate†

M. Peter Moser†

William H. Neukom

Joseph A. Woods, Jr.†

Visionary Fellows

Jacqueline Allee

Mortimer M. Caplin†

John J. Creedon

Jimmy K. Goodman

James T. Halverson

Robert O. Hetlage†

Daniel J. Hoffheimer

Robert C. Knuepfer, Jr.

W. Loeber Landau†

Mr. and Mrs. William G. Paul

Wm. T. Robinson III†

Miriam Shearing

David K. Y. Tang

David O. BrownwoodWilliam A. Burck

Elizabeth J. CabraserDan O. Callaghan

John L. Carey†James H. Carter

Robert A. CliffordIrwin Mark Cohen

Avern CohnHoward Coleman Coker

Ira B. Coldren, Jr.†Whitfield J. Collins†

William Thomas Coplin, Jr.

Philip H. Corboy†Joseph W. Cotchett

Clive S. Cummis†Edward I. Cutler†

James P. DeAngeloCharlton Dietz

Laura M. DouglasJerome Farris

George S. FrazzaRobert L. Geltzer

Jean and Leonard GilbertSheldon G. GilmanPatricia L. Glaser

Lynne Z. Gold-Bikin†Daniel L. Golden†

Rew R. GoodenowRoy A. Hammer†

John F. Harkness, Jr.Edwin A. Harnden

Gerald J Hayes

W. Brian RoseEllen F. Rosenblum

James B. SalesDennis Arnold Schoville

Charles W. SchwartzKathleen M. Shay

Jonathan Henry ShermanJohn Sand Siffert

Chesterfield Harvey Smith†

Myron T. SteeleRobert A. Stein

Charles T. Stewart†Guy M. Struve

Walter L. Sutton, Jr.Randolph W. Thrower†

Michael TraynorCalvin H. Udall†

Lewis H. Van Dusen, Jr.†David E. Van Zandt

Virginia Guild Watkin†Alvin Weiss

Bruce Lord WilderDonna C. Willard-JonesWilliam J. Williams, Jr.

William E. WillisDonald Alan WorkmanCharles Alan Wright†

Douglas R. Young

Patron FellowsArthur N. Abbey

Patti L. AbramsonSamuel Adams†

Rebecca Jean Westerfield

William F. Womble†

Leadership Fellows

The Saltsburg Fund, Karen Lake Buttrey

(deceased), Donald W. Buttrey

Sandra J. ChanMichael J. Horvitz

William C. HubbardArthur & Toni Rembe Rock

Jonathan D. SchillerEzekiel Solomon AM

Larry W. SonsiniReginald Turner

Peter A. Winograd

Benefactor Fellows

Timothy Joseph AbeskaHoward J. Aibel†

M. Bernard Aidinoff†Richards D. Barger†

Calvin A. Behle†Brigitte Schmidt BellDavid Powers Berten

Brooksley Elizabeth BornTimothy W. BouchBobbe Jean Bridge

Keith A. HebeisenJohn P. Heinz

Jon HoffheimerRichard R. Howe

Douglas A. Jacobsen†Ellen M. Jakovic

Wilbur E. JohnsonRobert M. Kaufman

Linda A. KleinJoseph P. Klock, Jr.Frances A. Koncilja

William Norman KrucksJerry Lastelick

Maryanne R. LavanJames B. Lee

Beverly Glenn Long†Thomas O. Marshall†William B. McGuire†Robert W. Meserve†Edward G. O'Connor

Adebayo OriolaDonald R. OsbornScott F. PartridgeJohn H. Pickering†Richard W. PogueYvonne S. QuinnNorman Redlich†

Hector Reichard De Cardona, Jr.

Harvey T. Reid†Simon H. Rifkind†

Lauren RobelRonald S. Rolfe

Michael J. Rooney

Edward A.K. AdlerDeborah A. Agosti

Gerald AksenH. William AllenRichard B. Allen†

Myles J. Ambrose†Alfred Appel†

Susan Frelich AppletonJoseph W. Armbrust, Jr.Walter P. Armstrong, Jr.†

E. Clarke Arnold†Lisa Gayle ArrowoodClinton R. Ashford†

Morris Atlas†Scott J. Atlas

Daniel F. AttridgeAlan L. Austin†

Russell James AustinE. Osborne Ayscue, Jr.

Sylvia BaconT. Maxfield Bahner

Mary Margaret BaileyGail Dyer Baker

Richard A. Barber†Curtis H. Barnette

Janice Gambino BaroneJane H. BarrettJames Bartimus

Janet Ellen BartonLeo Bearman, Jr.

David J. BeckPhilip S. Beck

Martin D. BeirneLaurel G. BellowsLee Rimes Benton

Gregory M. BergmanRichard O. Berndt

† Deceased

Life Fellows Contributions to the American Bar Foundation

Page 53: Annual Report - American Bar Foundation

www.americanbarfoundation.org • 2019 Annual Report 51

Lalit BhasinMichael W. Bien

Donald W. BivensDaniel A. Boehnen

Paula E. BoggsDavid Boies

Wilber H. BoiesAmelia H. Boss

Joseph W. BoucherStephen S. BowenJohn P. Bracken†D. C. Bradford IIISteve A. Brand

Howard H. Braverman†William J. Brennan III†

Charles N. BrowerCharles Earl Brown†

Louis M. Brown†Stanley M. Brown†

William H. Brown IIIPeter Bubenzer

Harold C. Buckingham, Jr.Maurice R. Bullock†

Peter BuscemiJohn T. CabanissDavid K. CallahanLevin H. CampbellRobert M. Carlson

Edmund N. Carpenter†Frank J. Carroll

Francis D. CarterJames R. Carter

Christine M. CastellanoLauren James CasterJohn Allen Chalk, Sr.

Alec Y. ChangDaniel P. Chesire

Robert L. ChildersJ. Michelle ChildsDonald J. Christl

Joseph E. CiriglianoThomas A. ClancyRalph E. Clark, Jr.†

Bradley ClaryGlenn R. Coates

John F. Cogan, Jr.Richard P. ColeThomas A. ColeWilliam K. Cole†

Nat R. Coleman, Jr.†Mark D. ColleyJohn D. Comer

Roxanne Barton ConlinJohn R. Connelly, Jr.Terrence M Connors

David M. CookEdward H. Cooper

John G. CorlewWilliam W. Crawford†Richard H. Critchlow

Mariano-Florentino CuellarRobert J. Cunningham

Mark W. CurnutteBarbara A. Curran†

Paul R. D'Amato

Kathleen O'Ferrall FriedmanW. Royal Furgeson, Jr.

Victor Futter†John A. Gaberino, Jr.

James GadsdenMichelle Greer Galloway

David H. GambrellHerbert S. GartenStephen F. Gates†

Kenneth W. Gideon†John Ralph Gilbert

James H. Gilliam, Jr.†Ruth Bader Ginsburg

John A. GirardiThomas V. Girardi

Rosemary E. GiulianoRichard C. Godfrey

Norman GoldbergerRonald Kinnan Golemon

Jamie S. GorelickThomas A. Gottschalk

Maurice B. GrahamMelanie Gray

John A. Grayson†Bruce A. Green

Kathryn O. GreenbergSandra Greenblatt

George William GregoryRobert J. Grey, Jr.Anthony J. GriffithBenjamin E. GriffithStuart Z. Grossman

Michael Donwell GunterJames T. HaightSophia H. HallLeon P. Haller

Philip M. HalpernJames Hamilton

Gordon F. Hampton†Milton Handler†

Edward B. Hanify†Arthur J. HarringtonAubrey B. Harwell, Jr.

Harry L. HathawayBarry C. Hawkins

Donald M. Hawkins†John Haworth

Harry J. Haynsworth IVThomas Z. Hayward, Jr.

Henry L. HechtBen W. Heineman†

John J. HeldStephen J. Herman

Andrew L. HerzJames W. Hewitt

Robert B. Hiden, Jr.Benjamin H. Hill III

Robert F. HillDonald B. HillikerJeffrey L. Hirsch

Kay H. HodgeJennifer Bruch Hogan

John R. Holden†Steven Lyon Holley

Sheila S. Hollis

Barbara Mendel MaydenAdrianne C. Mazura

Robert M. McAnerney†Milford McBride, Jr.†

F. Wm. McCalpin†Catherine Stevens McClure

Vincent L. McKusick†Marcia M. McMurrayTruman Q. McNulty†

Kurt W. MelchiorMarygold Shire Melli†Michael J MestayerBernard S. Meyer†Jack B. MiddletonGeorge J. Mihlsten

Richard W. Millar, Jr.Judith A. Miller

Robert W. Minto, Jr.David C. MoodyJames C. Mordy

W. Carloss Morris, Jr.†John H. Morrison

Robert Thompson MowreyWilliam J. Mueller

Mary MullarkeyRobert H MundheimEarl H. Munson, Jr.

Robert B. L. Murphy†Kay C. Murray†

Norman H. Nachman†Gary Philip Naftalis

Joseph G. NassifGeorge M. "Jack" Neal, Jr.

Frank X. Neuner, Jr.John S. Nolan†

John W. NormanBernard W. Nussbaum

Charles A. O'Brien†John J. Okray

Jack H. OlenderJohn F. Olson

John E. OsbornJennifer L. ParentRobert L. Parks

Cecil B. Patterson, Jr.J.A. (Tony) Patterson, Jr.

Richard PenaPeter N. Perretti, Jr.†Jimmie Cecil Peters

Roderick Norman PetreyHugo M. Pfaltz, Jr.†Philip John Pfeiffer

Carter G. PhillipsJohn D. Phillips†

Joy Lambert PhillipsIrving H. Picard

Spiwe L. JeffersonVincent F. Pitta

N. Michael Plaut†Thomas W. Pomeroy, Jr.†

Lester M. Ponder†William Poole†

Maury B. PoscoverJohn B. Power

Joseph A. Power, Jr.

Leary Davis†Mattie Belle Davis†

K. A. DayJohn C. Deacon†

Michael K. DemetrioJames Vinson Derrick, Jr.

Ellen Conedera DialBernard J. DiMuro

Martin M. Doctoroff†Doreen D. DodsonBernice B. Donald

Arthur Thomas Donato, Jr.David S. Doty

John P. Driscoll, Jr.†Conrad B. Duberstein†

George H.T. DudleyWilliam B. Dulany†

H. Mitchell Dunn, Jr.M. Douglas Dunn

Donald R. Dunner†Gregory Chris Dyekman

Paul F. EcksteinGerald M. Edenfield

Robert H. Edmunds, Jr.Karl John Ege

Warren W. Eginton†Bernard M. Eiber†

E. Charles Eichenbaum†Dorothy Eisenberg

Mitchell S. EitelJames J. Elacqua

Adam O. EmmerichJo Ann Engelhardt

William H. Erickson†Robert M. Ervin†Allen D. Evans

Haliburton Fales II†Glenn Phillip Falk

Hubert A. Farbes, Jr.Susan Beth Farmer

Sue Seibert FarnsworthJuli Farris

Joseph A. FawalRobert R. Feagin IIIJohn D. Feerick and Emalie Platt Feerick

James D. Fellers†Blair C. Fensterstock

Lucas A. FerraraHenry L. Feuerzeig

Edward Ridley Finch, Jr.Jeffrey D. Fisher

Thomas M. FitzpatrickSarah Gemma Flanagan

Don P. FosterDori B. Foster-Morales

William E. FoxAustin T. Fragomen, Jr.

Merrill R. Francis†David Charles Frederick

Paul E. FreehlingKelly Frels

Lisa Michelle FrenkelHerschel H. Friday, Jr.†

Donald Fried

L. Tyrone HoltKathleen Joan Hopkins

Zona F. HostetlerBarbara J. Howard

Lawrence T. Hoyle, Jr.W. Stell Huie

Jorge R. JimenezEarl Johnson, Jr.

I.S. Leevy JohnsonJustin M. Johnson

Bernard JollesCandace M. Jones

E. Stewart Jones, Jr.Hugh R. Jones†James F. Jorden

William F. JoyRobert E. JuceamRobert E. Keeton†

Stanley KellerErin E. Kelly

David E. KeltnerJames A. Kenney III

Ted M. KerrPhilip J. Kessler

Henry S. Keuling-StoutGeorge H. Kidder†

Loren KieveLawrence R. King†Charles C. Kingsley

Rodney O. Kittelsen†John T. Knox

Theodore A. Kolb†Thomas E. Kopil

Stephen Sandor KorniczkyRobert J. KrapfScott C. Krist

William F. Kroener IIIJeffrey R. KuesterWilliam F Kuntz IIVerne M. Laing†

Thomas R. Lalla, Jr.Ronald Larson

Arthur W. Leibold, Jr.Thomas C. LeightonAva E. Lias-Booker

Susan B. LindenauerDiana C. Liu

Pierce Lively†Leslie E. Lo Baugh, Jr.

Raymond S. LondaDeborah J. LongRobert A. Longhi

Robert Henry LouisJames E. Ludlam†

Christopher H. LundingGraydon Dean Luthey, Jr.

Barbara M.G. LynnBarbara N. Lyons

Eric N. MaceyArthur W. Machen, Jr.†Marc J ManderscheidLawrence A. MansonAmy Cashore Mariani

Lori A. MartinJudy Perry Martinez

John Dale PowersAnne PramaggioreRoger A. Putnam

Charles J. Queenan, Jr.Elise RabekoffAlan S. RachlinBruce M. Ramer

Roberta Cooper RamoRichard J. Rappaport

Robert M. RaymerHarry M. ReasonerPatricia Lee Refo

Abraham Charles ReichDaniel Reidy

Robert M. RhodesJulian C. Rice†Paul F. Richard

Henry duPont RidgelyDorothy Comstock Riley†

Robert F. RileyJames F. Rill

James C. RinamanNelson Roach

Kathryn E. B. RobbDavid W. Robbins

Barbara Paul RobinsonNicholas A. RobinsonRussell M. Robinson II

Patrick G. RoganWilliam A. Rogers, Jr.

Harry J. RoperWilliam Rosenberger, Jr.†

James B. RosenblumMitchel S. Ross

Barbara M. RossottiEric M. Roth

Jack A. RounickCarmine A. Rubino

David S. RuderJudith Runstad

Gerald L. RushfeltRobert G. Russell

Harold J. Ruvoldt, Jr.Edward F. Ryan

Robert W. SacoffSara P. Sandford

Diana M. SavitDeborah A. ScaliseMichael L. Schler

Sanford J. SchlesingerH. Richard Schumacher

David A. SchwartzPeter H. Schwartz

Charity ScottMarvin SearsJon M. SebalyEdgar T. See†

Christopher A. SeegerMarc M. SeltzerFloyd ShapiroRita A. Sheffey

Leopold Zangwill SherJames M. Sibley†

Joel D. SiegalJames R. Silkenat

Page 54: Annual Report - American Bar Foundation

52 American Bar Foundation • www.americanbarfoundation.org

Life Fellows Contributions to the American Bar Foundation

Carole SilverIrving Silver

George M. Simmerman, Jr.Georganna L. Simpson

Sarah M. Singleton†Hezekiah Sistrunk, Jr.

Woon-Wah SiuJohn S. Skilton

Herbert D. Sledd†Don Slesnick

Marvin S. Sloman†Thomas F. Smegal, Jr.

William Reece Smith, Jr.†Rodney G. SnowDavid Solomon†

Rayman L. SolomonNeal R. Sonnett

Richard E. Speidel†Horace E. Stacy, Jr.†

Frederick P. Stamp, Jr.Justin A. Stanley†

Walter K. StapletonJames L. Stengel

Joan N. SternRobert L. Stern†Lisa T. StewartPaul J. Stichler†

Charles A. StorkeMalcolm B. Street, Jr.Sidney A. Stubbs, Jr.James M. Sturdivant

Barry SullivanE. Thomas SullivanThomas M. Susman

John A. Sutro†Thomas P. Sweeney

Viola J. TaliaferroBlake Tartt†

Stephen L. TatumChristopher TaybackRichard B. Teitelman†

Stanley L. Temko†Harvey Mandell Tettlebaum

Joseph ThackerRichard L. ThiesLott H. Thomas

Betty A. Thompson†Charles M. ThompsonPreston McCullough

TorbertJ. David Tracy

Marna S. TuckerHerbert G. Underwood

Allan Van FleetHerbert W. Vaughan†

Linda Lea M. VikenPatricia Jane Villareal

Betty M. Vitousek†Paul Vizcarrondo, Jr.Mary Kay Vyskocil

Sol WachtlerBill Wagner

Wesley M. Walker†Howard T. Wall III

John Bronson Walsh†

Anthony H. BarashKevin E. Barber

Arlena M. BarnesDeborah Ann Browers Barnes

Ronald Merrill BarnesHelaine Barnett

Eunice Tall BarosLynne B. BarrJillian Barron

Alice M. BarteltFredrick H. Bates

Raymond A. BattenSuzan Baucum

Frederick J. BaumannWilliam R. Bay

Jeffrey August BeaverLawrence Edgar E. Bechler

Nancy A. BeckerEdward J. BeckwithLydia Irene BeebeMichelle A. Behnke

Aaron M. BeimHerbert J. Belgrad

Robert M. BellRobert E. Bellin

C. Russell BengtsonRobert W. Bennett

Steven Alan BennettMorgan Ray BentleyRonald L. Berenstain

John A. BermanMichael Irwin Bernstein

Caroline BerubeAsim Bhansali

J. Truman Bidwell, Jr.Mary Lu Bilek

Christian F. BinnigBruce Taylor Bishop

John W. BissellRachel S. Black

Jerry W. BlackwellJeffrey L. Bleich

Stanley Louis BlendSteven Paul Blonder

J. David BogenschutzBruce H. BokorTroy L. Booher

Kathleen BoozangMichael Scott Bosworth

Gregory W. BowmanJudith Farris Bowman

Thomas H. BoydWillard L. Boyd III

Lisa Montpetit BrabbitLyle Richard Bratton

Robert G. BrazierLarry A. BrisbeeStacy A. BromanSteven H. BroseEric L. BrossmanDonald W. Brown

Joseph Morris Brown, Jr.Sharie A. Brown

Toby Dawaine BrownThomas Michael Bruen

Alice A. BrunoJohn G. Buchanan III

Robert E. Buckholz, Jr.Joan R. M. BullockCharles E. Burpee

Robert L. Burrus, Jr.

Sheila Kearney DavidsonJack Davis

Theodore H. Davis, Jr.Tom De Waard

Susan Leach DeBlasioRaymond Myles Deeny

Kenneth Warren DeJeanThomas Albert Delegal III

Margadette Moffatt DemetPaul R. DeMuroMorton Denlow

Deborah W. DennoJoseph W. Dent

David M. deRubertisJohn G. DeSimoneClinton E. Deveaux

Ena T. DiazA. Darby DickersonRobert J Diehl, Jr.Dean R. DietrichGregory L. Dillion

Joseph T. Dixon, Jr.C. Edward Dobbs

Michael DocktermanBrian John Donnelly

Sharon Wicks DornfeldKeith A. Dotseth

Ronald W. DoughertyEdward L. Dowd, Jr.Alison L. Doyle, Ret.Adrienne D. Dresevic

Adriane J. DudleyDavid E. Dukes

Sidney G. DunaganAlan William Duncan

John R. DunneMarcia M. EasonBarack S. Echols

Howard C. EdelmanPeter B. Edelman

Lewis Charles EisenbergJay W. Eisenhofer

Linda ElrodPamela Chapman Enslen

Elaine M. EpsteinMichael G. Ermer

Charles R. Eskridge IIIStephen V. Falanga

Marsha E. FangmeyerLaura Viviana Farber

Elizabeth Turrell FarrarJoanne B. Faycurry

Michael K. FeeSusan A. Feeney

J. Kay FeltE. Anthony Figg

Richard M. FijolekPhillip Randolph Finch, Jr.

Sarah A. W. FittsElizabeth C. FlanaganWendy R. FleishmanMichael Raye FordJamie L. Forman

Kenneth B. ForrestBonnie E. Fought

Donald T. FoxKaren J. Freedman

Rick E. FreemanThomas R. Freeman

Robert E. FreitasMichael Fricklas

Owen B. WalshSteven T. Walther

Roger E. WarinWilbur W. Warren IIIMindee WassermanRichard C. WattersPauline A. WeaverMartin H. Webster†W. Scott Welch III†Charles I. Wellborn

H. Blair White†Richard S. Wiedman

Paul L. Wilbert†J. Gaston Williamson†

Richard Wilmer†Benjamin F. WilsonPhillip A. WittmannJames Jerry Wood

Travers D. WoodKathryn D. Wriston†

L. Kinvin WrothEllen G. Yost

Stephen N. ZackPhilip Zhang

Jia ZhaoAndrea Zopp

Howard Zucker

Sustaining Life Fellows

Ernest B. AbbottAnn E. Acker

Robert O. AckleyBenny Agosto, Jr.

Mark H. AlcottM. Nan Alessandra

Marian S. AlexanderPeter C. Alexander

Rosemary AlitoJohn C. Allen IVW. Riley AllenCherri Allison

Marcine AndersonRicky Anderson

Peter Maitland AnguloElizabeth ApodacaDennis W. Archer

Gregory K. ArensonRosemary E. Armstrong

Sharon Stewart ArmstrongJohn Fox Arnold

Karen Arnold-BurgerJonathan D. Asher

Ruthe Catolico AshleyNancy F. Atlas

Del William AtwoodThomas L. Ausley

Sara A. AustinCharles L. Babcock

Mitchell L. BachBurck Bailey

C. Ronald BairdJohn G. Baker

Stuart D. BakerMerri A. Baldwin

Rosalie Simmonds BallentineMichael A. Bamberger

Hugh F. Bangasser

I. Jackson Burson, Jr.Ann E. BushmillerRichard J. Buturla

Alfred M. ButzbaughLuis A. Cabassa

Gregory Andrews CadeMary Ellen CagneyElwood F. Cahill, Jr.

Guido CalabresiLarry A. CampagnaA. Bruce Campbell

David M. CantorDeborah CantrellJason P. Capizzi

Jose Alberto CardenasDiana Carey

Donald W. CarlsonWilliam Christopher Carmody

William C. Carpenter, Jr.John L. Carroll

Larry CaryJohn Milton CerilliBennett W. Cervin

Lawrence G. CetruloEmily Gould Chafa

Charles E. Chamberlain, Jr.Patricia D. Chamblin

Jeffrey S. ChiesaJames L. Chosy

Patricia Watkins ChristensenPenelope L. Christophorou

Frank CiuffaniDaniel T. ClarkGary Carl Clark

Kevin ClarkWilliam Northington Clark

M. Cabell ClayWilliam H. Clendenen, Jr.

Sanford Cloud, Jr.Nancy L. CohenRobert S. Cohen

Gregory M. CokinosCharles A. Collier, Jr.

Laura CollinsTheodore J. Collins

Ian M. ComiskyA. B. Conant, Jr.

James W. Conrad, Jr.Curry L. CookseyJohn F. Cooney

Frank L. CorradoChristopher Todd Cox

Stephen A. CozenJohn G. Crabtree

Thomas William CranmerRobert A. Creamer

Bernardo M. CremadesPhilip M. Cronin

Christina D. CrowAnatolio B. Cruz III

Thomas F. Cullen, Jr.Stephen J. CurleyBarry A. CurrierKevin J. Curtin

Thomas R. CurtinLarry CurtisTom Curtis

Laurence J. CutlerMichael Alan Dailey

Harvey P. DaleCarr L. Darden

Eric Jonathan FriedmanGregory A. Friedman

Paul L. FriedmanRichard M. Gardella

Anne L. GardnerF. John Garza

Anne Shea GazaLisa Atlas Genecov

Craig M. GenoMeyer H. GertlerThomas Earl GeuJames W. Gewin

Grant Peter GilezanEdward J. Gilliss

Helen GillmorBarbara J. GislasonMichael GiudicessiDonald W. GlazerStephen I. Glover

Sidney L. GoldWebster L. GoldenJoan L. GoldfrankStephen GoldspielLinda C GoldsteinArmando Gomez

Geoffrey M. GoodaleHolly GotcherKaren Gould

William Andrew Gowder, Jr.Samantha C. Grant

Sibylle GrebeJeffrey Todd Green

I. Michael GreenbergerLawrence S. GreenwaldWilliam Mell Griffin III

Janice C. GriffithJonathan A. Grode

Renie Yoshida GrohlNicholas Groombridge

Merrick Lawrence GrossAmy Collignon Gunn

Jessica Lee GustafsonRichard E. GutmanJohn S. Guttmann

Peter F. HabeinHoward Fredrick Hahn

Neil K. HaimmJeremiah F. HalliseyPhilip G. Hampton II

Sam and June HamraGrayson P. Hanes

Dean HansellMax A. Hansen

Marilyn J. HarburNorman E. HarnedJoseph Harroz, Jr.Albert C. HarveyRobin E. Harvey

Aubrey B. Harwell IIISandra L. Havrilak

David J. A. Hayes, Jr.John Patrick Haywood

David L. HefflingerBen W. Heineman, Jr.Cornelius D. HelfrichDonna Nelson Heller

Glenn P. HendrixTracy D. Hester

Stephen D. HibbardAngela M. Hinton

Robert Edward Hirshon

Page 55: Annual Report - American Bar Foundation

www.americanbarfoundation.org • 2019 Annual Report 53

Eric L. HiserJames R. Hobbs

A. Kimberly HoffmanJanet L. HoffmanJohn A. HoffmanSusan M. Holden

James J. S. HolmesGail Golman Holtzman

William Richard HolzapfelAnne M. Honsa

Henry H. HopkinsJohn J. Hopkins

William Wiley HortonBarbara Kerr Howe

Edwin E. Huddleson IIISeth M. Hufstedler

James A. HuguenardHayes Andrew HuntKimberly A. HurtadoAntonia B. Ianniello

J. Nelson IrvineSharon A. Israel

Gordon James IIIBrewster H. JamiesonWallace B. Jefferson

Kile W. JohnsonPaul R. Johnson

F. Claiborne Johnston, Jr.William D. Johnston

Amanda JonesMichael C. Jones

Thomas A. JorgensenMary Kay KaneScott M. KarsonPaul A. KastlerEileen A. KatoDavid A. Katz

Bruce W. KauffmanMichael R. KealyIrene M. KeeleyPeter M. Kellett

Howard KenisonJohn J. Kenney

Alfreida B. KennyJohn Patrick KentMichael P. KesslerDale A. KimballDale L. Kingman

William W. KinseyMary P. Kirwan

Robert D. KlausnerRuth L. KleinfeldRobert H. Klonoff

Kimberly Ann KnoxAlan C. Kohn

John M. KoneckEdward F. KorenHenry A. KormanAlan W. Kornberg

David R. KottTerry L. Kramer

Jane Kreusler-WalshDonald J. Kunz

Kenneth F. KunzmanKenneth R. Kupchak

Stephen H. KuppermanStephen Thomas LaBriola

Peter V. LacoutureSteven C. LairdMichelle LallyJayna Lamar

Kathleen Elizabeth McLeroyJames Bernard McLindonJames P. McLoughlin, Jr.

Mark S. McNeilJ. Dennis McQuaid

Gary J. McRayMichael Terry Medford

Cyrus D. MehtaJ. Kenneth Menges, Jr.

George J. MeyerAlbert J. Mezzanotte, Jr.

Arthur M. MichaelsonJane I. Milas

Robin J. MilesNeal Steven Millard

Dixon F. MillerGeorge Lloyd Miller

Retta A. MillerStephen R. Miller

Meg MilroyNewton N. MinowDelmer R. Mitchell

Kristen L. MixWilliam Morris MoffetThomas J. Moloney

Edward W. Moore Jr.Thurston R. Moore

Rachel F. MoranThomas D. Morgan

Mark C MorrilJohn H. Morrow

Patrick C. MorrowJudy Hamilton Morse

M. Howard MorseKimberley MortensonCharles J. Morton, Jr.

Darrell G. MottleyJohn C. Moylan III

Robert S. MucklestoneDavid Bond Mueller

David Lombard MullikenWilliam A. Munck

Linda Strite Murnane, USAFJeffrey J. Murphy

Cornelius D. MurrayLinda Kristine Myers

Cyndi E. NanceDaniel A. Neff

Claud Dent NeilsonAnnette NellenPatricia Nemeth

Gordon W. NetzorgAmy Lynn Neuhardt

Lynn Katherine NeunerMichael S. Neuren

Lynn Fontaine NewsomeWendelynne J. Newton

Sam G. NicholsonDavid Lee Niederdeppe

Paul R. NormanPhillip D. O'Connell, Jr.

Bruce E. O'ConnorJames Duffy O'Connor

Joseph D. O'ConnorEric A. Oesterle

Edward P. O'KeefeSolomon Oliver, Jr.

John J. O'MalleyKatherine H. O'Neil

Angela Onwuachi-WilligCharles Larry O'Rourke

Tracey Salmon-SmithJames F. SandersSteven W. SanfordDavid L. Sargent

Gary L. SassoAndrew John Savage III

James P. SavittStephanie A. ScharfShira A. ScheindlinHarvey I. SchneiderJerry L. Schnurr IIIAndrew M. SchpakEllen L. Schulhofer

Stuart SchwartzRussell Kenneth Scott

Richard SeaboltScott S. Segal

Robert David SegallAdam SeidenDavid J. Seipp

Anita Carr ShapiroCarol A. Shelly

Kathleen R. SherbyJohn A. SherrillDavid E. Shipley

George Thomas ShipleyH. Bruce ShrevesLewis R. Sifford

Steven M. SilverbergDavid N. Simmons

John G. SimonJohn C. SimonsJohn Simpkins

Joe SimsRichard H. Sinkfield

Thomas J. SmedinghoffCarole Dianne Smith

Edwin E. SmithMary L. Smith

Norman Randy SmithPaul M. Smith

Selma Moidel SmithSteven L. Smith

Thomas W. SnookChristina A. Snyder

Jennifer Platzkere SnyderJohn B. Snyder

Olga C. Soler-BonninSteven Robert Sorenson

Randall Owen SorrelsSusan S. SoussanThomas E. Spahn

Nancy Kaymar StaffordMichael G. Stag

Roger V. StagebergElizabeth Starrs

Joshua SteinJill Steinberg

Kathryn Ann StephensonSharon Stern Gerstman

Scott Alan StichterKate Stith

Margaret Deborah StockLisa Johnson Stone

Thomas J. StroblJohn F. Stroud, Jr.Jeffery V. StuckeyWilliam F. Stutts

Henry C. SuKimberly Anne Summe

Kathleen M. Sweet

Kent A. LambertThomas Ardell Larkin

Myron E. LaRoweAnne E. Larson

Joseph P. LaSalaCarol F. LeeParkin Lee

William F. LeeNorman Lefstein†James K. LehmanBruce A. Leinback

Johnathan C. LernerAnn B. Lesk

Brendon P. LevesqueMela Lew

Robert F. LewisJerome B. Libin

Meryl R. LiebermanJoseph L. Lincoln

Michael K. LindseyJeffrey Alan Lipps

Martin LiptonBradford L. Livingston

Evan L. LoefflerSally A. LongroyLucinda A. Low

Edward B. LowryStephen G. LowryMarla J. Luckert

Thomas L. LudingtonJuanita B. Luis

Richard Charles LuisR. Hugh Lumpkin

Ted B. Lyon, Jr.Michael M. LyonsWm. David Lytle

Kathryn Grant MadiganWilliam J. Maledon

Cynthia Maria MaleskiAdam Malone

Craig P. MannarinoMichael Joseph Manning

Frances S. MargolisMitchell L. MarinelloWendy K. Mariner

John Robert Marks IIIAnthony Parr MarshallHeman A. Marshall IIIThurgood Marshall, Jr.

Christina L. MartiniCharles Arthur Marvin

Michael E. MassieEdith R. Matthai

David G. MatthiesenDiane Mauriello

Michele Coleman MayesJoseph B. Mays

Karen McAndrewJohn H. McBrydeDiana E McCarthyDaniel M. McClure

Philip Spear McCuneAlan J. McDonaldDaniel McDonald

Michael E. McElroyCarolyn B. McHughThomas F. McKee

R. Malloy McKeithenJohn J. McKetta III

James Frederick McKibben, Jr.Mike McKool, Jr.

Duncan Elliott OsborneKathryn L. Ossian

Kenneth G. OttenbreitLuis Manuel PadronJ. Crisman Palmer

David K. ParkSarah Elizabeth Parker

Linda Sue ParksVirginia C. Patterson

Alice PaylorAlan Ross Pearlson

James Alton Peden, Jr.Ralph B. Perry III

Stephen John Petras, Jr.David K. Petty

Sandra N. PeulerSteven F. Pflaum

John Vance PhelpsMorton A. Pierce

James PintoRachael K. Pirner

Aaron S. PodhurstRobert L. Podvey

Rebecca G. PontikesHarold D. Pope III

Wm. Robert Pope, Jr.R. Robert Popeo

Edward M. PosnerMichael Vance Powell

Lonnie A. PowersHarlan I. Prater IVLyn Peeples Pruitt

Alfred W. Putnam, Jr.Mark Allen Raczkowski

John W. RallsKevin Rames

Nancy RapoportShannon H. Ratliff

Claire E. ReadeDavid J. RebeinMichael H. Reed

Noelle Marie ReedPamela L. Reeves

Milton Charles Regan, Jr.David C. Reymann

Jay J. RiceLee S. Richards III

Lauren Stiller RikleenRoberto A. Rivera-Soto

Christopher S. RizekPamela Jane RobertsJ. Robert Robertson

R. Eric RobertsonAngela E. Rodante

Robert M. RolfeRichard Bruce Romney

Jon Howard RosenLawrence David Rosenberg

Herman B. RosenthalSeth RosnerJane R. Roth

James Parkerson RoyRobert F. Ruckman

Edward A. RuffoWilliam Thomas Russell, Jr.

Miles N. RuthbergGeorge D. Ruttinger

Mary K. RyanPatrick Martin RyanJennifer A. Rymell

Paul H. Saint-Antoine

Anthony TarriconeLisa Michelle Tatum

Eric Jay TaubeCarl Robin Teague

Larry E. TempleMatthew B. Thiel

Richard L. ThornburghSamuel A. Thumma

Jean Hoefer ToalBradley J. B. Toben

Margaret Lynch TomlinsonJames E. Torgerson

Mitchell A. ToupsStephen Joel Trachtenberg

Michael Lloyd TuchinMark Logan TuftJohn R. TunheimMark H. Tuohey III

Don H. TwietmeyerWilliam D. Underwood

Lynne Ann UstachAmy Van Horne

Anthony van WestrumMichael J. Van ZandtPalmer Gene Vance II

Travis Evans VanderpoolCatherine H. VoitStephen R. Volk

Donald J. Volkert, Jr.J. Scott Vowell

Norman M. WaasSean P. WajertIra J. WaldmanH. A. Walther

Ronald F. WatermanSayre Weaver

Gerald WeinsteinStewart M. WeintraubMarilyn J. Wellington

Robert G. WellonH. Thomas Wells, Jr.

Robert G. WestWillis P. WhichardMichael A. WhitePatricia D. WhiteThomas W. White

Elizabeth R. K. WhittenburyLance B. Wickman

Clay R. WilliamsMarguerite Willis

Frank Moseley WilsonCharles William Wirken

Frank H WohlCharles B. WolfSaul A. Wolfe

Tom D. WomackWilliam D. Wood

Daniel James WoodsHarry A. Woods, Jr.Walter A. Wright III

Frank H. WuRobert Wyld

Cynthia Richardson WyrickBruce E. YannettJames B. YoungRobert B. Young

Stephen P. YoungerJames J. Yukevich

Michael D. ZimmermanRichard L. Zinn

Carol Davis Zucker

Page 56: Annual Report - American Bar Foundation

54 American Bar Foundation • www.americanbarfoundation.org

The ABF Legacy SocietyThe ABF Legacy Society recognizes and honors those who make a commitment to the future of

the ABF by providing for the ABF in their estate plans or other planned giving instruments.

Membership in the ABF Legacy Society is one way that the ABF can acknowledge your generosity.

If you have provided a legacy gift for the ABF or if you intend to do so, you qualify for membership in

the ABF Legacy Society. If you would like to become a member, or if you have any questions about making

a legacy gift, please contact Kathy Pace, Director of Development, at 312-988-6511 or [email protected].

We are grateful for the enduring support of the ABF Legacy Society members:

*Deceased

Anonymous, CA

Martha W. Barnett, Tallahassee, FL

Gabrielle M. Buckley, Chicago, IL

Theresa C. Burian & Craig S. Peterson, Cincinnati, OH

Michael H. Byowitz & Ruth Holzer, New York, NY

James H. Carter, New York, NY

Jonathan J. Cole, Nashville, TN

David A. Collins, Chicago, IL

Doreen D. Dodson, Saint Louis, MO

Hon. Bernice B. Donald, Memphis, TN

Jo Ann Engelhardt, Ocean Ridge, FL

Ellen J. Flannery, Falls Church, VA

Rew R. Goodenow, Reno, NV

Jimmy K. Goodman, Oklahoma City, OK

Terence & Holly Halliday, Chicago, IL

John & Anne Heinz, Chicago, IL

Robert E. Hirshon, Ann Arbor, MI

Daniel J. Hoffheimer, Cincinnati, OH

David S. Houghton, Omaha, NE

William C. Hubbard, Columbia, SC

Ellen M. Jakovic & David Lipson, Washington, DC

Linda A. Klein, Atlanta, GA

Ajay K. Mehrotra & Yamini Hingorani, Chicago, IL

Robert MacCrate*

Judy Perry Martinez, New Orleans, LA

M. Peter Moser*

Robert L. Nelson, Chicago, IL

William H. Neukom, Seattle, WA

Hon. Cara Lee T. Neville (Ret.), Minneapolis, MN

J. Anthony & Marylou Patterson, Whitefish, MT

William G. Paul, Oklahoma City, OK

Patricia L. Refo, Phoenix, AZ

Andrew Schpak & Erica Hetfeld-Schpak, Portland, OR

James R. Silkenat, New York, NY

Donald D. Slesnick, Coral Gables, FL

E. Thomas Sullivan, Burlington, VT

Walter L. Sutton, Ph.D., Dallas, TX

Reginald M. Turner, Detroit, MI

H. Thomas Wells, Jr., Birmingham, AL

Page 57: Annual Report - American Bar Foundation

www.americanbarfoundation.org • 2019 Annual Report 55

The Cornerstone Giving Society of the American Bar Foundation was created in 2013 to

acknowledge our growing family of individuals and organizations who have made contributions

to the ABF outside the auspices of the Fellows of the American Bar Foundation Giving Societies.

ABF gratefully acknowledges the following individuals and organizations who have given so generously since 2013 as Cornerstone Giving Society donors.*

Cornerstone Giving Society

*Gifts or pledges received as of December 31, 2019

Cornerstone Organizations

Allstate Insurance Company

AT&T

The Bill & Melinda Gates Foundation

The California Bar Foundation

The California Community Foundation

The Chicago Community Trust

Donohue Gallagher and Woods LLP

Greenberg Traurig PA

Jenner & Block LLP

John Deere & Company Global Law Services

Kirkland & Ellis LLP

The Law School Admission Council

Leadership Council on Legal Diversity

Legal Division of Oklahoma Health Care Authority

Lorman Education Services

The Kenneth and Harle Montgomery Foundation on behalf of Bryant Garth

Microsoft Corporation

Myron M. Studner Foundation

AnonymousElizabeth L. Ashley

Ellen Berrey In Honor of Robert L. Nelson

Malcolm BeyerPatrick J. BorchersJennifer BucciarelliBruce C. Carruthers

In Honor of Robert L. NelsonConstance C. CarterGeorge B. Cauthen

David W. ChapinJohn L. Comaroff

In Honor of Robert L. NelsonJan Cullinan

Melinda G. CullinanWhitney Cunningham

Silvio Di LuciaLauren B. Edelman

Robin EdwardsLois FeinblattKathleen Ford

Gerald Leslie FriedrichsenVirginia Furth

Chris GarBruce and Heidi Gillies

Lori GraesserTerence Halliday

Katy HarrisMr. and Mrs. John Heller

Bill HellerAnne W. HetlageNorman M. Hirsch

Alisha HollandDr. and Mrs. John Holliman

Barbara HouJoseph Leo Howard

Parul JajooPhilippe Jeck

Reuven J. KatzPatricia A. Lamberty

Sida Liu In Honor of Robert L. Nelson

Patricia McCarty

Nelson Mullins Riley & Scarborough LLP

Northrop Grumman Corporation

Northwestern University• Pritzker School of Law

• Kellogg School of Management

• The Graduate School

• Office of the Provost

• Weinberg College of Arts and Sciences

Ogletree Deakins Nash Smoak & Stewart PC

Oscar M. Ruebhausen Fund at Yale Law School

Paul Weiss Rifkind Wharton & Garrison LLP

Sidley Austin LLP Foundation

Sterne, Kessler, Goldstein & Fox P.L.L.C

UC Davis School of Law

UCLA• Chicano Studies Research Center

• David J. Epstein Program in Public Interest Law and Policy

• Office of the Executive Vice Chancellor and Provost

• School of Law

Walmart

Wilentz, Goldman & Spitzer

Jeffrey A. McIntyreAjay K. Mehrotra and

Yamini HingoraniDavid H. Morse

Elizabeth K. Moser Robert L. Nelson

Charles A. NeustadtLaura Beth Nielsen

John F. NownesRhonda B. Ogle

In Memory of Charles A. SnyderTray Oldemeyer

Linda PanitzJohn P. Passarelli

Janet and Mark PriceAnn Ramseyer and

Hugo KapelkeMr. and Mrs. S. Donley RitcheyMr. and Mrs. Harrison Robinson

Neil S. RockindLawrence Rodowsky

Mary Rose In Honor of Robert L. Nelson

Elizabeth RothWilliam RoweCarla Rozycki

Robert J. Sampson In Honor of Robert L. Nelson

Morgan ScottSusan Shapiro

Sharon V. SnyderEdward D. SimsarianSharon Veta Snyder

In Honor of Charles A. Snyder and David Veta SnyderDavid Dennis Sommers

Joan P. Stacy In Memory of Horace E. Stacy

Jennifer StephenLucinda Underwood

Susan VazzanoDavid B. Wilkins

In Honor of Robert L. NelsonSekou Writes

Alison Zuber, Tres Chicas

Page 58: Annual Report - American Bar Foundation

56 American Bar Foundation • www.americanbarfoundation.org

AdministrationAjay K. Mehrotra, Executive Director

Trish McCarty, Manager of HR Operations

Francine Blazowski, Executive Assistant

IT ManagerJeffrey Swim

Grants OfficerAnn Pikus

PublicationsBreck Radulovic, Editorial Coordinator,

Law & Social Inquiry; Program Associate, Undergraduate Research Diversity Fellowship Program in Law and Social Science

Personnel

The Fellows of the American Bar FoundationNatalie Shoop,

Director of the Fellows

Nina Darner, Development and Communications Associate

Crissonna Tennison, Administrative Assistant for the Fellows

Accounting ManagerLisa Modesto

Accounts Payable/Receivable SpecialistSenitra Griffin

Development Kathy Pace,

Director of Development

Megan Greenfield, Development Associate

Communications Whitney Peterson,

Communications Manager

Debby Hernandez, Communications Associate

Administrative CoordinatorMarcilena Shaeffer

ABF Staff: (Standing, L-R) N. Shoop, B. Radulovic, M. Shaeffer, A. Pikus, L. Modesto, J. Swim, F. Blazowski, A. Mehrotra, S. Griffin, C. Tennison, D. Hernandez, W. Peterson; Seated: K. Pace, M. Greenfield, T. McCarty, N. Darner.

ABF Executive Director Ajay K. Mehrotra

Page 59: Annual Report - American Bar Foundation

www.americanbarfoundation.org • 2019 Annual Report 57

Collaborating and Affiliated Scholars Atinuke Adediran, Northwestern University

Ellen Berrey, University of Toronto

James Bowers, St. John Fisher College

Henry Brady, University of California, Berkeley

Thomas M. Clarke, National Center for State Courts

Jean Comaroff, Harvard University

Susan Coutin, University of California, Irvine

Flavio Cunha, Rice University

Sarah Deer, Hamline University School of Law

Justin Desautels-Stein, University of Colorado Law School

Sara Dezalay, Cardiff University

Yves Dezalay, Centre National de Recherche Scientifique, Paris

Markus Dirk Dubber, University of Toronto

Mustafa Emirbarer, University of Wisconsin-Madison

Zachary Elkins, University of Texas at Austin

Stephen Engel, Bates College

John Ferejohn, New York University School of Law

Holly Foster, Texas A&M University

Marco Francesconi, University of Essex

Nicole Gonzalez Van Cleve, Temple University

Paula Hannaford-Agor, National Center for State Courts

Anna Hanson, Northwestern University

Spencer Headworth, Purdue University

Richard Holden, University of New South Wales, Australia

Aziz Huq, University of Chicago Law School

Philip Edward Jones, University of Delaware

Joshua Kaiser, Northwestern University

Fiona Kay, Queens University

Sanja Kutnjak Ivkovich, Michigan State University

Rasmus Landersø, Rockwool Foundation

Kay Lehman Schlozman, Boston College

Richard O. Lempert, University of Michigan

Alyx Mark, Wesleyan University

Joanne Martin, American Bar Endowment

Ethan Michelson, Indiana University Bloomington

Sarah Morando Lakhani, UC Berkeley School of Law

Monique Payne-Pikus, University of Texas at Austin

Rodrigo Pinto, University California, Los Angeles

Gabriele Plickert, California State Polytechnic University, Pomona

Daniel B. Rodriguez, Northwestern University Pritzker School of Law

Mary R. Rose, University of Texas at Austin

Christopher J. Ryan, Roger Williams University School of Law

Ioana Sendroiu, University of Toronto

Greg Shaffer, University of California, Irvine School of Law

Matthew Shaw, Vanderbilt Law School

Carole Silver, Northwestern University Pritzker School of Law

Joyce Sterling, University of Denver, Sturm College of Law

David Thomson, University of Denver, Sturm College of Law

David M. Trubek, University of Wisconsin Law School

Sidney Verba, Harvard University

Gregory Veramendi, Arizona State University

Mila Versteeg, University of Virginia School of Law

Alaka Wali, Field Museum of Natural History

Jill Weinberg, Tufts University

David B. Wilkins, Harvard University Law School

Hongqi Wu, China University of Political Science and Law

Hye Young You, Vanderbilt University

Visiting Scholars Kristen Barnes, Syracuse University College of Law

Mihailis Diamantis, University of Iowa College of Law

Nate Ela, University of Madison, Wisconsin

Bryant Garth, UC Irvine School of Law

Erika George, University of Utah College of Law

Alexandru Grigorescu, Loyola University Chicago

Wooseok Jung, HEC Paris

Alyx Mark, North Central College

Kate Masur, Northwestern University

Johnathan Miaz, University of Chicago School of Social Service Administration

Paul D. Paton, University of Alberta

Gregory Shill, University of Iowa College of Law

Research Support StaffMadison Adamoli

Meghana Aghi

Kat Albrecht

Nicholas Aquino

Samantha Bean

Emma Dzwierzynski

Anna-Nicole Fine

Alex Freund

Hanan Hameed

Alex Hearn

Elizabeth Helpling

Aparna Jayashankar

Kristyn Kenn

Matthew Nelsen

Alexandra Newton

Skyler Nielsen-Sorensen

Robert Owoo

Hannah Phalen

Samantha Plante

Juliana Soffner

Zachary Sommers

Bhavana Sreekumar Resmi

Matilda Stubbs

Alexandra Tate

Noah Tate

Samuel Taylor

Stephanie Todd

Lydia Wuorinen

Evan Zhao

Shira Zilberstein

Page 60: Annual Report - American Bar Foundation

58 American Bar Foundation • www.americanbarfoundation.org

Financial Report 2018–2019

August 31, 2019 August 31, 2018

Assets

Cash and cash equivalents $906,553 $1,267,400

Long-term investments 26,266,787 25,459,715

Receivables and other 4,062,835 688,986

Prepaid expenses 52,335 55,530

Property and equipment 75,165 39,929

Total Assets $31,363,675 $27,511,560

Liabilities

Accounts payable and other accrued expenses 574,470 347,493

Deferred revenues 84,655 132,594

Capital lease obligations 70,099 —00

Deferred rent liability —00 154,459

Pension liability 1,867,870 1,359,783

Note payable 957,447 500,000

Total Liabilities $3,554,541 $2,494,329

Net Assets

Unrestricted 16,424,117 16,723,623

Donor restricted 11,385,017 8,293,608

Total Net Assets $27,809,134 $25,017,231

Total Liabilities and Net Assets $31,363,675 $27,511,560

Note:These financial statements were abstracted from the Foundation's August 31, 2019 and August 31, 2018 audited financial statements.

Statement of Financial PositionFiscal Years Ended August 31, 2019 and 2018

Page 61: Annual Report - American Bar Foundation

www.americanbarfoundation.org • 2019 Annual Report 59

Note:These financial statements were abstracted from the Foundation's August 31, 2019 and August 31, 2018 audited financial statements.

August 31, 2019 August 31, 2018

Revenues

American Bar Endowment grant $3,545,630 $3,414,720

The Fellows of the American Bar Foundation 2,614,789 2,458,888

ABF Endowment annual spending allowance 667,600 785,000

Grants, contributions and other support 760,503 958,737

Total Revenues $7,588,522 $7,617,345

Expenses

Research activities 3,601,388 3,504,774

Fellows’ services 692,634 707,459

Law & Social Inquiry 174,333 182,910

Liaison research 18,138 173,285

Academic affairs and fellowships 889,748 848,573

Development and fundraising 473,104 326,820

Administration and facilities 1,545,487 1,588,021

Pension expense 117,927 195,856

Total Expenses $7,512,759 $7,527,698

Results from Operations $75,763 $89,647

Statement of ActivitiesFiscal Years Ended August 31, 2019 and 2018

Page 62: Annual Report - American Bar Foundation

60 American Bar Foundation • www.americanbarfoundation.org

Allocation of Funding

FY 2018–2019American Bar Foundation Research Projects

25% Making and Implementing Law

28% Protecting Rights, Accessing Justice

23% Other Research Programs

24% Learning and Practicing Law

Page 63: Annual Report - American Bar Foundation
Page 64: Annual Report - American Bar Foundation

750 North Lake Shore Drive, 4th FloorChicago, IL 60611

www.americanbarfoundation.org

Non-Profit Org.U.S. Postage Paid

Palatine P&DCPermit #7133

Annual Report

2019