Professor of Law, University of Michigan (2009–present; on leave 2010, 2011). (Visiting Professor of Law, Fall 2009.) Director, Civil Rights Litigation Clearinghouse, http://clearinghouse.net.
Officer for Civil Rights and Civil Liberties, U.S. Department of Homeland Security. (Presidential Appointment, 2010-2011) (Chair, Privacy, Civil Rights, and Civil Liberties Subcommittee of the federal Information Sharing Environment's Information Sharing and Access Interagency Policy Committee; Chair, Interagency Coordinating Council on Emergency Preparedness and Individuals with Disability; Member, U.S. Delegation to the Universal Periodic Review.)
Visiting Professor of Law, University of California, Los Angeles (Spring 2009).
Professor of Law, Washington University in St. Louis (2004–2009); Director, Civil Rights Litigation Clearinghouse. Elected 2008 “David M. Becker Professor of the Year” by law students.
Faculty Fellow, Harvard University Center for Ethics and the Professions (2001–02).
Assistant Professor of Law, Harvard Law School (1998–2004).
Senior Trial Attorney, U.S. Dept. of Justice, Civil Rights Division, Special Litigation Section (1995–1998). Division Special Achievement Awards, 1996 and 1997.
Law clerk, Justice Ruth Bader Ginsburg; Supreme Court of the United States (1993–1995).
Fact-checker, The New Yorker (1989–1990).
Constitutional Law; Torts; Constitutional Equality; Constitutional Law of Incarceration; Seminars: Civil Rights and Homeland Security; Civil Rights Injunctions; Empirical Inquiries into Civil Litigation; Prisons and Prison Reform; Institutional Reform Litigation.
Reporter, American Bar Association task force on Standards relating to the Legal Status of Prisoners (2007–present). See http://www.americanbar.org/publications/criminal_justice_section _archive/crimjust_standards_treatmentprisoners.html.
Commissioner, Commission on Safety and Abuse in America’s Prisons (2006–2008). See http://www.prisoncommission.org.
Yale Law School, J.D. 1993.
Book Reviews Editor, Yale Law Journal (Vol. 102); Vinson Prize for excellence in clinical casework.
Yale College, B.A. 1989.
Honors: magna cum laude, distinction in the History major.
WORKS IN PROGRESS
Reforming Domestic Surveillance Oversight and Compliance Mechanisms: The Potential and Pitfalls of Proposed Offices of Goodness at the NSA and FISA Courts.
Offices of Goodness: Influence Without Authority in Federal Agencies, draft available at http://ssrn.com/abstract=2322797.
The Equal Employment Opportunity Commission and Structural Reform of the American Workplace (with Pauline Kim), draft available at http://ssrn.com/abstract=2309514.
National Science Foundation SES-0718831 (co-PI, with Pauline Kim and Andrew Martin), “The Litigation Process in Government-Initiated Employment Discrimination Suits” (2007), $213,999.
Harvard University William F. Milton Fund (with Anne Morrison Piehl), “Litigated Intervention in the Management of Correctional Facilities” (2002), $33,607.
SERVICE AND MEMBERSHIPS
Bar admissions: New York, District of Columbia (inactive), Missouri; Supreme Court; 9th Cir., Eastern District of Missouri.
Chair, Prison Litigation: A Workshop for Plaintiffs’ Attorneys (Washington, DC, March 2008).
Member, expert advisory committee on data collection and confidential reporting, Prison Rape Elimination Act Commission (2007).
Drafter, ABA Litigation Section Project, The Rule of Law in Times of Calamity (2006).
Counsel of record for amici curiae ACLU and other prison advocacy organizations, Woodford v. Ngo, 05-416 (U.S. Supreme Court, filed Feb. 2, 2006).
Chair-elect, American Association of Law Schools, Remedies Section (2013)
Co-editor (with Sharon Dolovich), SSRN abstracting “journal,” Corrections & Sentencing Law & Policy (2006–present). See http://ssrn.com.
Chair, American Association of Law Schools, Section on Law & the Social Sciences (2007/08).
Member, Law & Society Association Dissertation Prize Committee (2007).
Member, Law & Society Association.
University of Michigan Law School
Chair, Law School Tenure Committee (2013/14), Member (2012/13)
Member, University Committee on Civil Liberties (2013/14)
Faculty Advisor, Journal of Race & Law Symposium on Solitary Confinement (2013)
Convenor, Prison Law & Scholarship Roundtable (2012)
Washington University and Washington University Law
Member, Law School Promotions Committee (2007/08)
Advisory Board, Washington University Center for Empirical Research in the Law (2007/08)
Standing participant: Workshop on Empirical Research in Law (2004–present)
Chair, Law School Lateral Appointments Committee (2006/07)
Chair, Law School Dean’s Advisory Group on Improving Student Career Prospects (2005/06)
Chair, Law School Rules and Petitions Committee (2005/06)
Chair, Law School Ad Hoc Committee on Tenure Standards and Process (2004/5)
Member, University Committee on Senate By-Laws (2004/5)
Member, Law School Clerkship Committee (Fall 2004)
Marriage Equality and the Constitution, Alma College Constitution Day Speaker (Sept. 2013)
The Equal Employment Opportunity Commission and Structural Reform of the American Workplace
- Labor Law Research Network (June 2013)
- Stanford Law Faculty Workshop (Oct. 2009)
- Brooklyn Law School Faculty Workshop (Sept. 2009)
- Building Theory Through Empirical Legal Studies, Berkeley Center for the Study of Law & Society (April 2009)
- UCLA Law Faculty Workshop (Feb. 2009)
- University of Arizona Law Faculty Workshop (Feb. 2009)
Offices of Goodness: Influence without Authority in Federal Agencies
- Law & Society Ass'n (May 2013)
Plata v. Brown and Realignment: Jails, Prisons, Courts, and Politics,
- Law & Society Ass’n (May 2013) (as discussant in panel on Plata v. Brown)
- University of Illinois Law Faculty Workshop (March 2013)
Race and Civil Rights Injunctions, Ass'n of American Law Schools, Remedies Section (Jan. 2013)
Chair/discussant, panel on Immigration, Law & Society Ass'n Conference (June 2012)
Operationalizing Deterrence: Claims Management (in Hospitals, a Large Retailers, and Jails and Prisons)
- University of Michigan Law Faculty Workshop (Sept. 2008)
- Insurance & Society Seminar, Boston (May 2008)
- Southern Methodist University Law Faculty Workshop (Jan. 2008)
- Law & Society Ass’n, Berlin (July 2007)
- University of North Carolina Law Faculty Workshop (Nov. 2006)
- Law & Society Ass’n, Baltimore (July 2006)
- Ass’n of American Law Schools, Workshop for New Law Teachers (June 2008)
- Ass’n of American Law Schools, Workshop for New Law Teachers (June 2007)
Hedonic Damages, Hedonic Adaptation, and Disability
- University of Illinois Law School, Seminar on Law, Psychology & Economics (Apr. 2008)
- Washington University Law Faculty Workshop (Aug. 2006)
Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
- University Management Team, Washington University in St. Louis (Apr. 2008).
- Prison Litigation: A Workshop for Plaintiffs’ Attorneys (Washington, D.C., Mar. 2008)
- Law and Society Ass’n (Las Vegas, NV, June 2005).
- Junior Scholars Empirical Legal Studies conference, Cornell Law School (Oct. 2004).
The Prison Litigation Reform Act
- Preserving the Rule of Law in America’s Prisons: The Case for Amending the PLRA, Symposium, Penn. J. of Constitutional Law, Litigating the Eighth Amendment (Feb. 2008)
- Witness, National Prison Rape Elimination Comm’m, The Role of Courts and Litigation in Regulating Prison and Jail Prevention of Sexual Violence and Misconduct (Dec. 2007)
- Witness, House Judiciary Committee, Subcommittee on Crime, Terrorism, and Homeland Security, hearing: Review of the Prison Litigation Reform Act: A Decade of Reform or an Increase in Prison Abuses (Nov. 2007)
- Congressional staff briefing, proposed amendments to the PLRA (Sept. 2007)
- Preserving the Rule of Law in America’s Prisons: The Case for Amending the PLRA American Constitution Society issue brief presentation, Washington DC (Apr. 2007)
- The Past and Future of the PLRA, National Association of Attorneys General, Baltimore, MD (Feb. 2007)
- Witness, ABA Criminal Justice Section Council, on proposed ABA policy to amend the Prison Litigation Reform Act (Nov. 2006).
The Civil Rights Litigation Clearinghouse: Using Court Records for Research, Teaching, and Policymaking
- Association of American Law Schools annual conference, Washington University Law breakfast (Jan. 2008)
- Presentation to social studies coordinators, Missouri Cooperating School Districts (Feb. 2007).
- Conference presentation (“Federal Civil Court Records of the National Archives: Opportunities for Empirical, Historical and Legal Research and Curriculum Design”), University of Missouri at Kansas City & National Archives and Records Administration (Oct. 2005).
Moderator, panel on Race, Empirical Legal Studies Conference (Nov. 2007).
Fault and the Constitutional Law of Equality. Invited response to David Strauss, Childress Lecture (Little Rock and the Legacy of Brown), Saint Louis University (Oct. 2007)
Teaching the Equal Protection Clause. Presentation to high school teachers, Street Law (Oct. 2007)
The Plaintiffs’ Bar and the Conceptualization of Litigation
- Law & Society Ass’n, Berlin (July 2007)
- Washington University Law Faculty Workshop (May 2007)
- Conference presentation (The Plaintiff’s Bar), New York Law School (Mar. 2006)
The Litigation Process in Government-Initiated Employment Discrimination Suits (hypotheses and preliminary evidence). Duke Law School Faculty Workshop (Apr. 2007)
Discussant, Katherine Barnes et al., Life and Death Decisions: Prosecutorial Discretion and Capital Punishment in Missouri, St. Louis U. conference (Mar. 2007).
Discussant, J.J. Prescott, Empirical Evidence of Prosecutorial Charging Manipulation: And What it Tells Us About What Prosecutors are Trying to Do, Empirical Legal Studies Conference, Austin Texas (Oct. 2006).
Moderator, panel on Empirical Inquiries in Criminal Justice, Law and Society Ass’n (July 2006).
Women and the New Supreme Court: University of Missouri–St. Louis, Sue Shear Institute for Women in Public Life (Jan. 2006).
Moderator, panel discussion of Problems and Solutions in American Criminal Justice, in conjunction with hearing held at Washington University in St. Louis by the Commission on Safety and Abuse in America’s (Oct. 2005).
What We Know and What We Could Know About the Vanishing Trial: Featured Comment on Marc Galanter, “A World Without Trials,” University of Missouri at Columbia, Distinguished Lecture on Alternative Dispute Resolution (Sept. 2005).
Incarceration, Reform, and Politics: presentation to undergraduate student groups (Apr. 2005).
Second Best Damage Action Deterrence
- University of Missouri at Columbia (Apr. 2005).
- Clifford Conference on Torts and Social Policy, DePaul University College of Law (Apr. 2005).
- UCLA faculty workshop (Mar. 2005)
Collateral Consequences of Incarceration: Background on the Scope of the Carceral System: Symposium on Poverty, Wealth and the Working Poor: Clinical and Interdisciplinary Perspectives (Apr. 2005).
Respondent to James B. Jacobs, The Future of Imprisonment: Leadership, and Prison Reform, St. Louis University Ass’n of Criminal Justice and Sociology (Oct. 2004).