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Recent Faculty Scholarship

Wednesday, October 15, 2008  
Posted by: The Advocate
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UDC-DCSL faculty have recently published a substantial number of scholarly works and have received research grants to support scholarly works-in-progress.

Professor Edward Allen

Professor Allen was awarded a research grant this summer to research and write an article assessing how the Supreme Court’s recent decisions on the issue of unconstitutional punitive damages have affected jury instructions, jury awards, and post-trial motions in District of Columbia, Maryland and Virginia cases. The research will also analyze how those decisions have affected punitive damage awards in public interest cases, including consumer, civil rights, and environmental degradation and whether public interest filings have been reduced because of smaller punitive damages. Professor Allen’s article, Justice Delayed: Vindicating Tenants’ Rights, will be published in the forthcoming issue of the University of the District of Columbia Law Review.

Professor Roy Balleste

Professor Balleste, Director of the Law Library, received a grant to support his cutting edge work on his dissertation, Internet Governance: Human Rights and Policies of Control in the Electronic Commons. Professor Balleste has had one work published and a second accepted for publication this past academic year: A Hypothetical Case Study: Creating AI Assistants in the Law Library, in Public Services in Law Libraries: Evolution and Innovation in the 21st Century 47, (Barbara Bintliff & Lee F. Peoples, eds., 2008) and The Earth Alliance Constitution: International Human Rights Law and Babylon 5, Florida Coastal Law Review (forthcoming January 2009).

Professor Robert Burgdorf

Professor Burgdorf is continuing his work on the future of disability rights. His grant will support a law review article addressing unfinished business, including clarifications and improvements to the Americans with Disabilities Act (ADA), a survey of future issues and directions, shoring up ADA constitutionality, and explore futuristic considerations such as the impact on people with disabilities of scientific and technological advances including communications technology and medical and genetic developments. He is also working on a book or lengthy article presenting the inside story of the ADA. His 2008 oral and written testimony before the House Committee on Education and Labor is available on the Committee’s website and in video form on YouTube.

Professor Edgar Cahn

Professor Cahn is preparing an article on the consequences of symptom-based criteria for those seeking access to Medicaid-funded treatment, or the "medicalization” of social problems. He is concentrating his research on families with children diagnosed as having Severe Emotional Distress and juveniles who are being diverted from detention or who are coming out of a detention facility such as Oak Hill and need treatment for behavior with a mental health component. He will undertake to document the detrimental consequences of this medicalization and to shape an asset- based framework approach that has broad applicability.

Professor Christine Jones

Professor Jones’ grant will support her work on an article examining federal remedies for civil non-enforcement of federal statutory rights, drawing upon research in the areas of federal administrative and constitutional law. She is also exploring the subject of the availability of habeas corpus relief in the family law context. Professor Jones’ article, The Parental Kidnaping Prevention Act: Is There New Hope for a (Limited) Federal Forum, has been accepted for publication this winter by the Temple Political & Civil Rights Law Review.

Professor Kevin Kelly

Professor Kelly’s grant supported his research and publication of an article on state taxation of business income. He is analyzing recent state court decisions that appear to be expanding the power of states to tax corporations with no physical presence in the state at all. He is also exploring whether the recent case holdings are impeding companies who rely on interstate commerce and whether difficult economic times are driving state lawmakers to expand the meaning of both the Commerce and Due Process clauses.

Professor Laurie Morin

Professor Morin is completing an article that grapples with the question of why law students around the country were so galvanized to provide pro bono legal services to survivors of Hurricane Katrina and how faculty can capitalize on that energy to better engage students in discussions of social justice issues in law school clinics and classrooms. Her article, A Tale of Two Cities: Lessons Learned From New Orleans to the District of Columbia: Protecting Vulnerable Populations from the Consequences of Disaster, will be published in the forthcoming issue of the University of the District of Columbia Law Review.

Professor Susan Waysdorf

Professor Waysdorf was awarded a research grant to continue her research for an article that presents the necessity for a New Deal federal administrative agency model to successfully undertake the recovery of New Orleans and the Gulf Coast, post-Katrina. Professor Waysdorf had two articles accepted for publication in 2008: Returning to New Orleans: Emergency Preparedness, Disaster Law and Federal Intervention in the Post-Katrina Recovery Process, in the University of the District of Columbia Law Review, and Katrina Disaster Family Law: The Impact of Hurricane Katrina on Families and Family Law, 42 Ind. L. Rev. (forthcoming 2008).

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