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«1 2 Annual Report of The Program in Law and Public Affairs TABLE OF CONTENTS LAPA EVENTS 27 DIRECTOR’S INTRODUCTION 5 ...»

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Program in

Law

and

PubLic

affairs

Annual Report 2007–08

1

http://lapa.princeton.edu

2 Annual Report of The Program in Law and Public Affairs

TABLE OF CONTENTS

LAPA EVENTS 27

DIRECTOR’S INTRODUCTION 5

LAPA Seminars

LAPA AND LAW AT PRINCETON UNIVERSITY 7

Public Lectures, Conferences and Panels THE PEOPLE AT LAPA 10 Invitational Academic Symposia

THE LAPA FELLOWS PROGRAM 14

Co-Sponosored Events 2007-08 Fellows

LAPA STUDENT PROGRAMS 40

Distinguished Guests and Visiting Scholars: Fellow Travelers Law-Engaged Graduate Students (LEGS) Fellows Luncheons M.P.P./M.P.A. Program: Law in the Public Service— And More to Come: The 2008-09 LAPA Fellows Not Just for Lawyers

PRINCETON FACULTY AT LAPA 23

LAPA Undergraduate Associates LAPA Executive Committee Arthur J. Liman Fellows in Public Interest Law LAPA Faculty Associates J. Welles Henderson, Class of 1943, Senior Thesis Prize

A BRIEF HISTORY OF LAPA 46

LAPA and “LAPAn” PUBLICATIONS 2007-2008 48

FOR MORE INFORMATION 52

3 http://lapa.princeton.edu Princeton University’s Program in Law and Public Affairs (LAPA) explores the role of law in politics, society, the economy, and culture in the United States, in countries around the world, and across national borders. Through its programming, teaching, and research initiatives, LAPA combines the multi-disciplinary expertise of Princeton’s faculty with the knowledge provided by leading academic and practical experts on American, international, and comparative law. This extraordinary legal community provides an exciting forum for rethinking the role of law across the disciplines and for addressing the complex problems of the 21stcentury.

4 Annual Report of The Program in Law and Public AffairsDIRECTOR’SINTRODUCTION

W elcome to the Annual Report of the Program in Law and Public Affairs (LAPA). As you will see when you read through these pages, LAPA is now a program that reaches many parts of the university community with its support for law-related activities on campus. In the last few years, LAPA has seen many fundamental changes in our program as well as great progress toward a new vision of legal studies at Princeton.

First, on the “vision thing.” It is often remarked that LAPA is Princeton’s substitute for a law school, implying that LAPA provides a less comprehensive version of a “real” legal education. But, in many ways, it is an advantage for LAPA that Princeton does not have a law school whose central purpose is training lawyers. However innovative law schools may try to be, they are still required to have both a common curriculum and the central purpose of producing practicing lawyers. Because LAPA is not a law school, it can work from a very different vision of the relationship between law and the rest of a university. A law program at Princeton can offer as its main focus courses in constitutional interpretation, international law, legal philosophy, legal history, sociology of law, Islamic law, Roman law, law and economics, the rule of law – and even courses on pirates, the legal day jobs of famous writers, and the legal regulation of the Internet. This is not the typical curriculum of a law school.

–  –  –

Moreover, law is too important to leave just to lawyers. In a professional school that trains practicing lawyers, legal education focuses on practical techniques for solving problems. Taught in a great liberal university, law becomes a central intellectual orienting point where scholars from different disciplines can meet. As Donald S. Bernstein ’75,

–  –  –

LAPA has developed its programming with this central vision in mind. As a result, LAPA operates on the premise both that law is potentially relevant to large swaths of the university and that large swaths of the university are potentially relevant to law. As you will see in this annual report, LAPA continues to reach out to a variety of disciplines and aims to provide intellectual sparks that can brighten discussion all over campus.

This past year, LAPA has been able to expand its programming and to better realize this vision because LAPA went through a wholesale renovation of its own internal structure.

Along with a completely new and newly expanded staff, LAPA moved from being a program primarily based in the Woodrow Wilson School to a program that maintained its deep and vital roots in the Woodrow Wilson School while also branching out across campus. We are particularly pleased with our stronger and deeper relationship with the University Center for Human Values. With a newly structured executive committee and with a new financial arrangement in which the Woodrow Wilson School, the University Center for Human Values, and a combination of LAPA-based endowed funds and general university support together provided the wherewithal for LAPA’s activities, LAPA has become in this past year a truly university-wide program.

In 2007–08, LAPA welcomed its eighth class of fellows to campus. Chosen from the largest pool of applicants in LAPA’s history, our world-class fellows provided Princeton with expertise that promoted strong connections between LAPA and the disciplines of sociology, religion, history and policy. LAPA seminars often went far into the evening with heated (but always friendly) debates.





During the year, our public events drew large crowds; many students associated with LAPA received both university and professional awards; our faculty continued to bring new breadth and depth to the study of law in its many forms; and our fellows constituted the core of a lively and open community. LAPA is made possible because of its large and supportive community that keeps us going. In the pages that follow, you’ll see what we were all able to do together this year.

–  –  –

F or the Program in Law and Public Affairs, 2007-2008 was a remarkable year in its evolution as a center for the multidisciplinary study of law at Princeton University. LAPA continued to integrate law-related scholarship, teaching, and discourse into Princeton’s intellectual life. LAPA demonstrated how law is a universal language at Princeton University while energetically pursuing an expanded mission through traditional and innovative programming. Some

highlights of LAPA’s academic year illustrate the range of its activities:

• The LAPA Third Annual Faculty Retreat inaugurated the school year with presentations by a multi-disciplinary cast of LAPA faculty associates as authors and commentators. Faculty presenters came from the Woodrow Wilson School, the departments of History, Politics, East Asian Studies, American Studies, Religion, Philosophy, and Sociology, and the University Center for Human Values. Faculty colleagues and graduate students from many diverse disciplines gathered to discuss the issues raised by new scholarship at this day-long program.

• LAPA initiated a set of “problem-solving workshops,” bringing to campus policymakers who joined with academic experts to forge creative solutions to persistent policy problems. In 2007-2008, LAPA sponsored two problem-solving workshops on the legal regulation of military contractors. The ideas generated in these workshops provided the basis both for pending legislation and for the agenda of the new federal commission on private military contracting.

7 http://lapa.princeton.edu LAPA AND LAW AT PRINCETON

• The Law Engaged Graduate Students (LEGS) group continued to draw students and faculty from across university departments for bi-weekly seminars. This year the Ph.D.-candidate presenters came from seven different departments including Classics, Philosophy, Near East Studies, History, Politics and Sociology.

• The undergraduates transformed their LAPA-affiliated organization into the LAPA Undergraduate Associates. A selective organization, the group drew applicants from all undergraduateclasses and many majors. The Henderson Prize for the Best Senior Thesis went to the class valedictorian, whose studies were in Classics; Honorable Mention went to a History major.

• The four undergraduate and two graduate students awarded Arthur Liman Fellowships in Public Interest Law for summer 2008 internships came from a variety of academic disciplines. This year’s Liman Fellows included Ph.D. candidates in Spanish and Sociology and undergraduates in Religion, History, Political Psychology, as well as one yet to declare.

• LAPA continued its annual seminar series featuring LAPA’s own fellows as well as scholars from disciplines ranging from economics to philosophy.

Speakers came from Yale Law School, Oxford University, the University of Toronto and elsewhere. LAPA was fortunate this year in being able to draw from the thematic group on “The Rule of Law Under Pressure” at the Institute for Advanced Study for both seminar presenters and participants.

• LAPA formally co-sponsored 20 lectures, conferences, and panel discussions during the academic year joining with over 15 different departments and programs to support examination of law-related issues. From the philosophical to the historical to the technological, from the Near East, South Asian, Latin American and American Studies programs (and points in between), LAPA contributed resources and expertise to the success of these events.

• LAPA inaugurated the luncheon series “Law in the Public Interest: Not Just for Lawyers” for the candidates for Master’s in Public Policy (M.P.P.) and Public Affairs (M.P.A.) at the Woodrow Wilson School. This series explored the role of law in policy development and advocacy with particular emphasis on the relationship of law and public service. The speakers, lawyers who have worked in public service, shared their expertise in a wide variety of domestic and international policy areas with the WWS graduate students.

• LAPA brought the long-standing national workshop known as the “Constitutional Law Schmooze” to Princeton by inviting top constitutional law scholars from both law schools and political science departments to join with the Princeton legal community to debate current issues associated with the exercise of executive power.

8 Annual Report of The Program in Law and Public Affairs

• LAPA held its Sixth Annual Continuing Legal Education Conference as part of the Princeton Reunions. Experts from the university and across the country considered questions at the intersection of Law and Religion. They shared their creative ideas with the large audience of Princeton alumni, area lawyers, university faculty and students in creatively rethinking the subject.

In addition to these events, the LAPA Fellows, who are the centerpiece of LAPA’s academic community, provided a valued expert presence on the Princeton

campus and around the world. In addition to their presentations at LAPA Seminars, the six fellows collectively:

• Participated as presenters in more than ten university conferences or events;

• Taught five courses, listed in four different fields, and served as guest lecturers in several other courses;

• Formally or informally advised many students on theses and dissertation research;

• Hosted 19 members of the Princeton faculty at their weekly lunches where the faculty guests came from ten different academic departments, three Woodrow Wilson School centers, and two administrative centers.

As Princeton University continues to recruit new faculty with law backgrounds and scholarly interests, LAPA provides a home for multi-disciplinary and intellectually stimulating exchanges among fellows, faculty, students and the larger community.

–  –  –

C oming to Princeton in 2005, Scheppele is the Director of LAPA and also the Laurance S. Rockefeller Professor of Sociology and Public Affairs in the Woodrow Wilson School and the University Center for Human Values. Her prior teaching positions included a decade at the University of Pennsylvania School of Law, where she was the John J. O’Brien Professor of Comparative Law, and twelve years at the University of Michigan, where her primary appointment was in political science. She has been a LAPA fellow, a fellow at the Internationales Forchungszentrum Kulturwissenschaften (Vienna), a senior fellow at the National Constitution Center, a faculty fellow at the Michigan Institute for the Humanities and the recipient of multiple grants from the American National Science Foundation for residential field work abroad.

Scheppele concentrates on comparative constitutional law, using ethnographic, historical and doctrinal methods to understand the emergence and collapse of constitutional systems. After 1989, she focused her attention on the transformation of the countries under Soviet domination into constitutional rule-of-law states, spending half of the years between 1994 and 2004 living in Hungary and then in Russia, studying the Constitutional Courts of each country and examining the ways in which the new constitutions have (or have not) seeped into public consciousness. Her many publications on post-communist constitutional transformation have appeared in law reviews and social science journals. Since 9/11, Scheppele has researched the effects of the international “war on terror” on constitutional protections around the world. Her bookin-progress, The International State of Emergency, explores the creation of international security law through UN Security Council resolutions and examines the effect that apparent compliance with these resolutions has had on constitutional integrity in a wide variety of democratic states.

–  –  –



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