WISCONSIN LAW REVIEW

SYMPOSIUM October 22-23, 2020

Zoom Webinar

Celebrating a Century of Legal Scholarship

1920–2020

SYMPOSIUM OVERVIEW: In celebration of the Wisconsin Law Review's 100th anniversary, this year’s symposium is “Wisconsin's Intellectual History and Traditions.” The symposium will examine five areas of legal scholarship influenced by the University of Wisconsin Law School and its scholars. The featured areas of scholarship include Critical Race Theory, the Global South, Contract Theory, Clinical Legal Education, and Constitutionalism and Democracy. While paying homage to the scholarship of the past, the symposium will also spotlight contemporary scholarship and forecast Wisconsin’s role in future areas of study.

Sponsors: University of Wisconsin Law School, Institute for Legal Studies & JD Grants

2020 Wisconsin Law Review Symposium

“Wisconsin’s Intellectual History and Traditions” October 22-23, 2020

Zoom Webinar 9.0 CLE Credit Hours for Wisconsin Attorneys

Day 1: Thursday, October 22, 2020

4:00 – 4:15 p.m. Opening Remarks

Abigail Chase & Connor Clegg Symposium Editors

Wisconsin Law Review 4:15 – 5:00 p.m. Keynote Address

Daniel Tokaji Fred W. & Vi Miller Dean & Professor of Law University of Wisconsin Law School

5:00 – 6:30 p.m. Critical Race Theory: Origins, Permutations, and Current Queries

Chair: Linda Greene Evjue-Bascom Professor of Law University of Wisconsin Law School Speakers: Mario Barnes Toni Rembe Dean & Professor of Law University of Washington School of Law Angelica Guevara Hastie Fellow University of Wisconsin Law School Tanya Hernández Archibald R. Murray Professor of Law Fordham University School of Law

Gloria Ladson-Billings President of National Academy of Education & Professor Emerita University of Wisconsin Angela Onwuachi-Willig Dean & Professor of Law Boston University School of Law Kendall Thomas Nash Professor of Law Columbia Law School

Day 2: Friday, October 23, 2020

9:00 – 10:30 a.m. The University of Wisconsin Law School and the Global South: 60 Years of Engagement and Innovative Scholarship

Chair: David Trubek Voss-Bascom Professor of Law & Dean of International Studies Emeritus University of Wisconsin Law School Speakers: Sumudu Atapattu Director of Research Centers & Senior Lecturer University of Wisconsin Law School Kathryn Hendley William Voss-Bascom Professor of Law and Political Science University of Wisconsin Law School Alexandra Huneeus Director of Global Legal Studies Center & Professor of Law University of Wisconsin Law School Heinz Klug Evjue-Bascom Professor of Law University of Wisconsin Law School

John Ohnesorge Director of East Asian Legal Studies Center & George Young Bascom Professor of Law University of Wisconsin Law School Mitra Sharafi Professor of Law University of Wisconsin Law School

10:30 – 11:00 a.m. Break 11:00 – 12:30 p.m. The Enduring Impact of the Wisconsin School of Contracts

Chair: Jonathan Lipson Harold E. Kohn Chair & Professor of Law Temple University Beasley School of Law Speakers: Jay Feinman Distinguished Professor Rutgers Law School Mitu Gulati Professor of Law Duke University School of Law Juliet Kostritsky Everett D. & Eugenia S. McCurdy Professor of Contract Law & Director of Center for Business Law Case Western Reserve University School of Law Peter Linzer Professor of Law University of Houston Law Center Trang (Mae) Nguyen Assistant Professor of Law Temple University Beasley School of Law

12:30 – 1:00 p.m. Break

1:00 – 2:30 p.m. Clinical Legal Education at Wisconsin: Pioneering Teaching and Advocacy for Social Justice for Wisconsin and Beyond

Chair: Louise Trubek Clinical Professor Emerita University of Wisconsin Law School Speakers: Sarah Davis Co-Director of Center for Patient Partnerships & Clinical Professor University of Wisconsin Law School Keith Findley Professor of Law University of Wisconsin Law School Kate Kruse Vice Dean for Academic and Faculty Affairs & Professor of Law Mitchell Hamline School of Law Marsha Mansfield Distinguished Clinical Professor Emerita & Director of LIFT Dane University of Wisconsin Law School Steve Meili James H. Binger Professor in Clinical Law & Associate Professor of Law University of Minnesota Law School Renagh O’Leary Clinical Professor of Law University of Wisconsin Law School

2:30 – 3:00 p.m. Break 3:00 – 4:30p.m. The University of Wisconsin Law School on Constitutionalism and Democracy

Chair: Heinz Klug Evjue-Bascom Professor of Law University of Wisconsin Law School Discussant: Mark Tushnet William Nelson Cromwell Professor of Law Emeritus Harvard Law School

Speakers: Linda Greene Evjue-Bascom Professor of Law University of Wisconsin Law School Richard Monette Director of Great Lakes Indian Law Center & Professor of Law University of Wisconsin Law School David Schwartz Foley & Lardner Bascom Professor of Law University of Wisconsin Law School Robert Yablon Assistant Professor University of Wisconsin Law School

4:30 – 4:45pm Closing remarks Symposium Editors

Biographies of Speakers and Panel Chairs

Sumudu Atapattu Sumudu Atapattu, LLM, PhD (Cambridge), Attorney-at-Law (Sri Lanka), is the Director of Research Centers and International Programs at the University of Wisconsin Law School. She teaches seminar classes on “International Environmental Law” and “Climate Change, Human Rights and the Environment.” She is affiliated with UW-Madison's Nelson Institute for Environmental Studies, Global Health Institute, 4W Initiative, and the Center for South Asia and is the Executive Director of the Human Rights Program. She serves as the Lead Counsel for Human Rights at the Center for International Sustainable Development Law, Montreal, and is affiliated faculty at the Raoul Wallenberg Institute for Human Rights, Sweden. Her publications include Emerging Principles of International Environmental Law (Transnational, 2006), Human Rights Approaches to Climate Change: Challenges and Opportunities (Routledge, 2016), International Environmental Law and the Global South (co-editor, CUP, 2015); Human Rights and Environment: Key Issues (co-author, Routledge, 2019) and The Cambridge Handbook on Environmental Justice and Sustainable Development (co-editor, CUP, forthcoming). Before moving to the US, she was a senior lecturer (equivalent to Associate Professor) at Faculty of Law, University of Colombo, Sri Lanka and consultant to the Law & Society Trust, Colombo. Paper: Climate Justice, sustainable development and small island states: A case study of the Maldives (Co-authored with Andrea C. Simonelli) Mario Barnes Mario L. Barnes since 2018 has served as the Toni Rembe Dean and a Professor of Law at the University of Washington School of Law. From 2009 until June 2018, he was a Professor of Law, Associate Dean for Research, and Senior Associate Dean for Academic Affairs at the University of California, Irvine, School of Law (UCI Law). At UCI Law, he also served as Co-Director of the UCI Center on Law, Equality and Race (2012-18). He previously taught at the University of Miami School of Law from 2004-2009, where he was twice selected as Professor of the year by the Black Law Student Association. Dean Barnes received his Bachelor of Arts and Juris Doctor degrees from the University of California at Berkeley. He received a Master of Laws degree from the University of Wisconsin, where he was a William H. Hastie Fellow. His research focuses on antidiscrimination law and policy, with an emphasis on addressing race and gender inequality through both sociolegal and critical lenses in the areas of education, employment, criminal law and the military. Prior to entering academia, he spent 12 years on active duty in the U.S. Navy, where he served as a prosecutor, defense counsel, Special Assistant U.S. Attorney, and on the commission that investigated the 2002 bombing of the USS COLE in Aden, Yemen. In 2013, he retired from the Navy at the rank of Commander after 23 years of combined active and reserve service. In 2015, the Association of American Law Schools, Minority Groups Section awarded Dean Barnes, along with Boston University Law Dean Angela Owuachi-Willig, the Clyde Ferguson Award for

excellence in public service, teaching, scholarship and mentoring. That same year, National Jurist Magazine, named him one of the twenty national “Law School Leaders in Diversity for 2015.” Presentation: Still Defending the “Notorious” CRT?: Old Claims, New Foes and Pressing on Despite it All Sarah Davis Sarah Davis is Clinical Professor of Law and Co-Director of the interdisciplinary Center for Patient Partnerships at the University of Wisconsin (housed at the Law School) where she teaches about patient advocacy, health and public health law, including in CPP's service-learning advocacy clinic as supervising attorney. Ms. Davis is also the Assoc. Director for LIFT Dane. LIFT Dane is a collaborative initiative to increase economic prosperity and improve health outcomes by streamlining access to justice through technology and reforming court systems and public policies. Paper: “The Fourth Movement” in Wisconsin Clinical Legal Education for Social Justice (Co-authored with Marsha Mansfield) Jay Feinman Jay Feinman is Distinguished Professor of Law at Rutgers Law School in Camden, New Jersey, and Co-Director of the Rutgers Center for Risk and Responsibility. His many publications on contract law, tort law, insurance law, legal theory, and legal education include seven books and more than seventy scholarly articles. Presentation: The Political Significance of the Wisconsin Contracts School Keith Findley For all but six years since 1985--during which he served as a state public defender--Keith Findley has been a faculty member at the University of Wisconsin Law School. For 20 of those years, he taught in the Law School's clinics. In 2012, he moved to the tenure track, where he teaches Evidence, Wrongful Convictions, Criminal Procedure, and Law & Forensic Science. In 1998, along with Professor John Pray, he co-founded the Wisconsin Innocence Project, and he served as co-director of the project until the spring of 2017, when he assumed the role of Senior Advisor. For five years, from 2009 to November 2014, he served as president of the Innocence Network, an affiliation of nearly 70 innocence organizations throughout the world. In 2018, he joined with Jerry Buting and Dean Strang (made famous as Steven Avery's attorneys in the Netflix documentary series Making a Murderer) to create a non-profit, the Center for Integrity in Forensic Sciences, dedicated to improving the reliability and safety of criminal prosecutions through strengthening forensic sciences. Prof. Findley is the author of more than 50 law review articles and book chapters. His primary areas of scholarship and expertise are in wrongful convictions, criminal law and procedure, law and forensic science, and appellate advocacy. He has previously worked as an Assistant State Public Defender in Wisconsin, both in the Appellate and Trial Divisions. He has litigated hundreds of postconviction and appellate cases, at all levels of state and federal courts, including the

United States Supreme Court. He also lectures and teaches internationally on wrongful convictions, forensic science, evidence, and appellate advocacy. Linda Greene Linda Sheryl Greene, a graduate of the University of California Berkeley Law School who teaches civil procedure and constitutional law, has had a diverse and rich career. An accomplished constitutional lawyer, she litigated housing, employment, and death penalty cases at the Legal Defense Fund in New York, advised the City of Los Angeles on constitutional and civil rights issues, and was a Counsel to the United States Senate Committee on the Judiciary. She was the Chair of the 1990 Wisconsin Conference on Critical Race Theory. She has also been a university administrator as Associate Vice Chancellor for Academic Affairs at the University of Wisconsin Madison, and the Inaugural Vice Chancellor for Equity/Diversity/Inclusion at the University of California San Diego. She has a deep background in Sport: she is the co-founder of the Black Women In Sports Foundation, was Chair of the USOC Legislation Committee and Vice Chair of the USOC Audit Committee, and a member of the UW Madison Athletic Board. From 2013 to 2019, she was a member of the National Institutes of Health National Advisory Committee on Minority Health and Health Disparities. Her recent scholarship reflects the breadth of her experience: "The Battle for Brown v. Board” (2015); "African American Women on the World Stage: The Fourth World Conference on Women in Beijing China, 1995” (2015); "Before and After Michael Brown: Towards an End to Structural and Actual Violence"(2015); "Mirror Mirror on the Wall: Gender, Olympic Competition, and the Persistence of the Feminine Ideal," (2016); and "A Tale of Two Justices: Brandeis, Marshall, and Federal Court Diversity" (2017); “Symposium, “Talking About Black Lives Matter and #MeToo” (with Inniss, and B. Crawford)(2019) (on the origins, evolution, trajectory, and pedagogical, and transformative potential of those movements); and “Up Against the Wall: Congressional Retention of the Spending Power in Times of “Emergency”? (on democracy, the separation of powers, and the scope of presidential emergency powers) (2019). Her works in progress include Thurgood Marshall, J., dissenting: Towards an Inclusive Constitutional Democracy (2021 with Wendy Scott); articles on Race and the Roberts Court, and Contemporary Reparations; and a play about a Black Supreme Court justice reckoning with his legacy. She has been a media, political, and legal analyst for twenty-five years for Wisconsin Public Television and Radio, National Public Radio, and The New York Times which has published her opinion pieces since 1992. In her spare time, she expands her horizons. She reads the biographies and autobiographies of political figures, artists, and musicians. She reads military history. She enjoys the jazz, hiking and biking, cooking, and the visual and performing arts. She has traveled to 45 countries, often to lecture and most recently to Japan, Greece, South Africa, and Thailand. On all trips domestic or foreign, she visits museums, galleries, important architectural sites, and artists’ studios. Paper: Beyond George Floyd: Reparations for Past and Present Structural Racism Angelica Guevara Dr. Guevara works on disability rights in higher education. Being a neurodivergent Latina herself, she encountered countless obstacles when requesting her disability

accommodations in the course of obtaining her B.A. from UCLA, her J.D. from UC Berkeley Law, and her Ph.D. from UC Berkeley’s Graduate School of Education. Having a non-apparent disability makes it difficult to be believed and often not fully accepted by people with apparent disabilities. Given the low expectations placed upon people with disabilities as a result of stigma and stereotypes makes it all the more challenging for people with disabilities to obtain their reasonable accommodations in higher education. People with disabilities were not expected to achieve so much. If they do reach such academic heights, they are seen as frauds or fakes because the sentiment is “how disabled are you if you got this far?” The “Operation Varsity Blues” scandal exacerbated this sentiment, where wealthy parents were telling their kids to act “stupid” to be diagnosed with a disability to obtain more time on entrance exams. Unfortunately, such a fraudulent act by a few parents affects all students with non-apparent disabilities such as human immunodeficiency virus (HIV), multiple sclerosis (MS), psychiatric disabilities, learning disabilities, Attention-deficit/hyperactivity disorder (ADD/ADHD), diabetes, and dyslexia to name a few. Students with non-apparent disabilities already fear coming out of the closet and embrace their disability, and such scandals only marginalize this population, even more, fearing that they would be seen as “frauds” or “stupid” if they come out. Much of her work explores the intersectionality of the law concerning race, class, gender, and disability. She is using Disability Studies and Critical Race Theory as a framework (DisCrit). She is exploring the idea of Ableness as Property in the legal field just as Cheryl I. Harris once proposed Whiteness as Property. Paper: The Need to Reimagine Disability Rights Law Because the Medical Model Fails Us All Mitu Gulati Mitu Gulati is on the faculty of the Duke Law School. His current research, with multiple co-authors, is on how sovereign debt contracts may be modified to deal with another sudden stop to the emerging markets (see here, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3586785). As of this writing, they have no satisfactory answer. But they are working. Paper: “Lipstick on a Pig”: Specific Performance Clauses in Action Kathryn Hendley Kathryn Hendley is the Roman Z. Livshits & William Voss-Bascom Professor of Law & Political Science at the University of Wisconsin-Madison. Her scholarship explores the role of law in contemporary Russia. She is currently engaged in a study of young Russian lawyers based on an NSF-funded survey of recent law school graduates fielded in 2016. Her work has been published in a wide variety of law and social science journals. Her most recent book, Everyday Law in Russia, was published by Cornell University Press in 2017. She earned her ph.d. at the University of California at Berkeley, her J.D. from the UCLA School of Law, and her undergraduate degree from Indiana University. Paper: Do Lawyers Matter in Russia?

Tanya Hernández Tanya Katerí Hernández is the Archibald R. Murray Professor of Law at Fordham University School of Law, where she teaches Anti-Discrimination Law, Comparative Employment Discrimination, Critical Race Theory, The Science of Implicit Bias and the Law: New Pathways to Social Justice, and Trusts & Wills. She received her A.B. from Brown University, and her J.D. from Yale Law School, where she served as Note Topics Editor of the Yale Law Journal. Professor Hernández is an internationally recognized comparative race law expert and Fulbright Scholar who has visited at the Université Paris Ouest Nanterre La Défense, in Paris and the University of the West Indies Law School, in Trinidad. She has previously served as a Law and Public Policy Affairs Fellow at Princeton University, a Faculty Fellow at the Institute for Research on Women at Rutgers University; a Faculty Fellow at the Fred T. Korematsu Center for Law and Equality, and as a Scholar in Residence at the Schomburg Center for Research in Black Culture. Professor Hernández is a Fellow of the American Bar Foundation, the American Law Institute, and the Academia Puertorriqueña de Jurisprudencia y Legislación. Hispanic Business Magazine selected her as one of its annual 100 Most Influential Hispanics. Professor Hernández serves on the editorial boards of the Revista Brasileira de Direito e Justiça/Brazilian Journal of Law and Justice, and the Latino Studies Journal published by Palgrave-Macmillian Press. Professor Hernández’s scholarly interest is in the study of comparative race relations and anti-discrimination law, and her work in that area has been published in numerous university law reviews like Cornell, Harvard, N.Y.U., U.C. Berkeley, Yale and in news outlets like the New York Times, among other publications including her books Racial Subordination in Latin America: The Role of the State, Customary Law and the New Civil Rights Response (including Spanish and Portuguese translation editions), Brill Research Perspectives in Comparative Law: Racial Discrimination, and Multiracials and Civil Rights: Mixed-Race Stories of Discrimination. Beacon Press is publishing her forthcoming book On Latino Anti-Black Bias: "Racial Innocence" and The Struggle for Equality. Presentation: Latinos and AntiBlackness Alexandra Huneeus Alexandra Huneeus’ scholarship focuses on international law, with emphasis on Latin America. Her work stands at the intersection of law, political science, and sociology, and has been published in the American Journal of International Law, Harvard International Law Journal, Law and Social Inquiry, Yale Journal of International Law, Leiden International Law Journal, and by Cambridge University Press. She is Professor of Law and Legal Studies at the University of Wisconsin, Madison, and received her PhD, JD and BA from the University of California, Berkeley. Paper: More-than-Human Justice: The Rights of Nature Movement in the U.S. and Latin America Heinz Klug Heinz Klug is Evjue-Bascom Professor of Law and the Sheldon B. Lubar Distinguished Research Chair at the University of Wisconsin Law School and Visiting Professor in the

School of Law at the University of the Witwatersrand, Johannesburg, South Africa. Growing up in Durban, South Africa, he participated in the anti-apartheid struggle, spent 11 years in exile and returned to South Africa in 1990 as a member of the ANC Land Commission and researcher for Zola Skweyiya, chairperson of the ANC Constitutional Committee. He was also a team member on the World Bank mission to South Africa on Land Reform and Rural Restructuring. His research interests include: constitutional transitions, constitution-building, human rights, international legal regimes and natural resources. He has taught at Wisconsin since September 1996. Presentation: Global Legal Studies—from economic development to governance Juliet Kostritsky Professor Kostritsky joined Case Western in 1984 after practicing in New York with Milbank, Tweed, Hadley & McCloy; she teaches Contracts, the Business Law Colloquium, Sales, Advanced Contracts, and Commercial Paper. She graduated from the University of Wisconsin Law School where she served as an Articles Editor of the Wisconsin Law Review. On January 25, 2019, Professor Kostritsky presented a paper at American University School of Law conference on the supply chain entitled: A Bargaining Dynamic Transaction Cost Approach to Understanding Framework Contracts. It will appear in volume 68 of the American University Business Law Review in 2020. It was accepted by the SIOE for presentation at their 2020 conference. On January 11, 2019, Professor Kostritsky delivered a paper at a conference on held at York University in the United Kingdom. Her paper chapter entitled: Statutes and the Common Law of Contracts: A Shared Methodology appears in a book recently published by Hart entitled: Contract Law and the Legislature (eds. TT Arvind and Jenny Steele). Professor Kostritsky inaugurated a lecture series honoring Professor John Kidwell at the University of Wisconsin at Madison, by presenting a paper called: “What Lawyers Say Determines Choice of Law in Merger Agreements.” It surveyed 812 lawyers about the choice of law made in a set of 343 merger agreements from 2011. She presented the article at the annual meeting of the American Law and Economics Association at the University of Chicago on May 8-9, 2014. It appears at 16 DePaul Business and Commercial Law Journal 1. Professor Kostritsky’s articles on Contract Interpretation include: “Efficient Contextualism” (co-authored with Peter M. Gerhart), which presents a structured methodology for Contract interpretation (76 Pittsburgh Law Review 509 (2015)) and Plain Meaning vs. Broad Interpretation: How the Risk of Opportunism Defeats a Unitary Default Rule for Interpretation" (accepted by the American Law and Economics Association and presented paper at Harvard Law School on May 6, 2007 (published in the Kentucky Law Journal). In 2011 she presented “Contract Interpretation: Judicial Rule Not Party Choice” in the United Kingdom; Cambridge University Press published the article in a book. Other articles include: “Contract as Promise and Contract Interpretation” solicited for the Suffolk Law School Symposium dedicated to Professor Charles Fried of Harvard University in the Suffolk Law Review and “Interpretive Risk and Contract Interpretation: A Suggested Approach for Maximizing Value” in the Elon Law Review. Professor Kostritsky's article “The Law and Economics of Norms” appears at: 48 TEXAS JOURNAL OF INTERNATIONAL LAW 465

(2013). She presented the solicited paper at a conference on “Is there Such a Thing as Custom in Modern European Law?” at the University of Texas School of Law in April, 2012. Her article

“Uncertainty, Reliance, Preliminary Negotiations and the Hold Up Problem” was accepted for presentation by the American Law & Economics Association and presented at ALEA’s annual meeting May 16-17, 2008, 91 SMU Law Review 1377 (2008). Another paper solicited for a symposium on “Freedom from Contract” sponsored by the John M. Olin Center for Law and Economics, the Contract Enrichment Fund, and the Wisconsin Law Review was published as “Taxonomy for Justifying Legal Intervention in an Imperfect World: What To Do When the Parties Have Not Achieved Bargains or Have Drafted Incomplete Contracts" in the 2004 Wisconsin Law Review. Further publications include: "Judicial Incorporation of Trade Usages: A Functional Solution to the Opportunism Problem” (Connecticut Law Review 2006), "The Rise and Fall of Promissory Estoppel or is Promissory Estoppel Really as Unsuccessful as Scholars Say It Is: A New Look at the Data, and "When Should Contract Law Supply A Liability Rule of Term? Framing a Principle of Unification for Contracts." Her article on Contract Illegality appears in the Iowa Law Review. Ms. Kostritsky is a member of the American Law Institute (ALI) and the American Law and Economics Association. She was a member of the Contracts Drafting Committee of the National Conference of Bar Examiners for 10 years. Professor Kostritsky has been selected as teacher of the year for the 1L class 8 times (2001, 2002, 2005, 2007, 2013, 2015, 2016, 2020) and honored by Case Western Alumni Board for her teaching in 2003. She received the award by the graduating class of Teacher of the Year in 2019. Paper: A Paradigm Shift in Comparative Institutional Governance: The Role of Contract in Business Relationships and Cost/Benefit Analysis Kate Kruse Kate Kruse is a Professor of Law and Vice Dean of Academic and Faculty Affairs at Mitchell Hamline School of Law. She is a national leader in clinical legal education, having served as a president of the Clinical Legal Education Association and a co-editor-in-chief of the Clinical Law Review. Professor Kruse has written extensively in the areas of clinical scholarship, legal ethics, and criminal justice. She graduated from the University of Wisconsin Law School in 1989, and after clerking for federal district court judge Barbara B. Crabb, she joined the clinical program at the University of Wisconsin as a supervising attorney in what was then known as the Legal Assistance to Institutionalized Persons Program (LAIP). During her eleven years at UW, the clinical program underwent significant transformation in its model of legal services and its approach to clinical teaching. Prior to joining the faculty at Hamline University School of Law (now Mitchell Hamline), Professor Kruse also served on the faculty at the University of Nevada Las Vegas and has visited at American University, Washington College of Law and Fordham University Law School. Gloria Ladson-Billings Gloria Ladson-Billings is Professor Emerita and former Kellner Family Distinguished Chair in Urban Education from the University of Wisconsin-Madison. Ladson-Billings was in the Department of Curriculum & Instruction and Faculty Affiliate in the Departments of Educational Policy Studies, Educational Leadership and Policy Analysis, and Afro American Studies. She is the current President of the National Academy of Education, a Fellow in the American Academy of Arts & Sciences, and a Fellow in the American Educational Research

Association. Ladson-Billings is author and editor of ten books, more than 100 journal articles and book chapters, and a holder of 8 honorary degrees from national and international universities. Paper: Critical Race Theory Goes to School Peter Linzer Peter Linzer is a Professor of Law at the University of Houston Law Center. He has an A.B. in English from Cornell and obtained his J.D. from Columbia, where he was an editor of the Columbia Law Review. He is a Life Member of the American Law Institute. He was the Editorial Reviser of the Restatement Second of Contracts and was an active member of the Members Consultative Groups for the ALI’s Restatement Third of Restitution and Unjust Enrichment and the Restatement of the Law of Consumer Contracts. He has published two editions of A Contracts Anthology, a collection of writings on contracts. He admires many members of the “Wisconsin School,” especially Stewart Macaulay, Bill Whitford and the late and much missed Jean Braucher. Presentation: The “Wisconsin School” as the Enemy of the ALI’s Restatement of Consumer Contracts Jonathan Lipson Jonathan Lipson holds the Harold E. Kohn Chair and is a Professor of Law at Temple University Beasley School of Law. He teaches Contracts, Bankruptcy, Corporations, Commercial Law, Lawyering for Entrepreneurship, International Business Transactions, and a variety of other business law courses. In addition to Temple, he has taught at the law schools of the University of Wisconsin (where he held the Foley & Lardner Chair), the University of Pennsylvania, and the University of Baltimore. His research focuses on corporate governance, reorganization, and contracting practices. He has published in many of the nation’s top law reviews, including those of the UCLA, Boston University, Notre Dame, and Southern California law schools. His work is frequently cited, including by the United States Supreme Court and U.S. Courts of Appeals, as well as leading business courts such as the Delaware Supreme Court, the Delaware Chancery Court and the Bankruptcy Court for the Southern District of New York. He is also a coauthor (with Macaulay et al.) of Contracts Law in Action, the nation’s leading casebook that takes a “law in action” approach to contract law. An occasional empiricist, Professor Lipson has published two articles on the use of “examiners” in chapter 11 bankruptcies, the second of which won the Editors’ Prize as the best paper published in the American Bankruptcy Law Journal in 2016. His study of employment at the Trump Casinos in connection with their bankruptcies received widespread attention, and was noted in Hillary Clinton’s presidential campaign. Professor Lipson is a member of the American Law Institute, a Regent of the American College of Commercial Finance Lawyers, and is active with the Business Law Section of the American Bar Association.

Marsha Mansfield Marsha M. Mansfield is a Distinguished Clinical Professor Emerita at the University of Wisconsin Law School and the Director of LIFT Dane (Legal Interventions for Transforming Dane County) Initiative, a collaborative effort to increase economic prosperity by addressing underlying civil legal barriers and transforming court systems through the use of technology. At the Law School, Marsha served as the Director of the U.W. Law School’s Economic Justice Institute, the home to the law school’s civil litigation clinics, and its Family Court Clinic. She taught a variety of courses including Professional Responsibility. She also is a research fellow with the U.W.’s Center for Financial Security and an attorney of counsel with Hawks Quindel, S.C., Marsha was a core member of Wisconsin’s Access to Justice Commission, a member of State Bar’s Board of Governors and Legal Assistance Committee, and Board President for the Dane County Bar Association where she also serves on the Delivery of Legal Services Committee. Paper: “The Fourth Movement” in Wisconsin Clinical Legal Education for Social Justice (Co-authored with Sarah Davis) Stephen Meili Stephen Meili writes and teaches about the rights of noncitizens, particularly those seeking asylum. His work often takes a comparative approach: his recent and forthcoming publications analyze the constitutionalization of human rights law in Colombia, Ecuador, Mexico, the European Union, South Africa, Uganda, and the United States. He has published empirical studies on the impact of human rights treaties on asylum jurisprudence in Canada and the U.K. His past research has been funded by grants from the National Science Foundation and the Robina Foundation. Meili has taught international refugee law and has been an Academic Visitor at Oxford University. He has also taught at law schools in Medellin, Colombia, and at Uppsala University in Sweden. At the University of Minnesota, he teaches immigration and international refugee law. Meili also serves as Director of the University of Minnesota Law School’s Immigration and Human Rights Clinic, where students represent asylum-seekers, trafficking victims and detained individuals in various immigration and appellate court proceedings. Over the past few years, the I&HR Clinic has obtained asylum or other forms of protection for applicants from Cameroon, the Democratic Republic of Congo, the Dominican Republic, El Salvador, Eritrea, Ethiopia, The Gambia, Guinea, Honduras, Iran, Liberia, Mexico, Nigeria, Syria, Sudan, Turkmenistan, and Zimbabwe. He has also supervised outreach projects in the Twin Cities immigrant community. Prior to coming to Minnesota, Meili was director of the Consumer Law Litigation Clinic at the University of Wisconsin Law School. Before entering academia, he was a partner in a plaintiffs’-side labor law firm in Hartford, Connecticut. Presentation: Wisconsin’s Consumer Law Clinic as a Model for Innovative Advocacy and Pedagogy Richard Monette Richard Monette is a Professor of Law at the University of Wisconsin Law School and the Faculty Director of the Great Lakes Indigenous Law Center. Monette was a Staff Attorney for

the U.S. Senate Committee on Indian Affairs as well as Director of the Office of Congressional and Legislative Affairs for the Department of the Interior/Bureau of Indian Affairs. Additionally, Professor Monette served as General Counsel for the Turtle Mountain Chippewa Tribe, and was formerly the Chairman and CEO of the Turtle Mountain Chippewa Tribe, the 10th largest in the country. Presentation: Conquest by (State) Citizenship: Federal Indian Law, Native Americans, and Voting Rights Trang (Mae) Nguyen Professor Trang (Mae) Nguyen researches and writes in the intersections of contract law, transnational business governance, and comparative law. Her current projects focus on the roles of informal mechanisms in the reparation of global supply chains in the aftermaths of COVID-19, and the roles of supply chain host states in an evolving international legal order. She is an affiliated scholar at the U.S.-Asia Law Institute, New York University School of Law. Her work has appeared in the American Journal of International Law Unbound, the Stanford Law and Policy Review, the Harvard Human Rights Journal, and the New York University Law Review, among others. Prior to entering academia, Professor Nguyen practiced corporate law in the Silicon Valley office of Davis Polk & Wardwell, LLP and served on the policy team of the California Office of the Attorney General. She earned a J.D. degree from NYU School of Law, where she was a Law and Business Scholar and an executive editor of the NYU Law Review. Presentation: Relational Supply Chains John Ohnesorge Professor Ohnesorge joined the University of Wisconsin Law School faculty in 2001, and teaches Business Organizations and Administrative Law, as well as seminars in Chinese Law, and in Law and Development. He is the Director of the Law School's East Asian Legal Studies Center, founder of the Law School's Compliance Initiative, and former Chair of the Wisconsin China Initiative (2008-2012). He has served on the University of Wisconsin Faculty Senate, the Law School's Academic Planning Council, Faculty Appointments Committee, Tenure and Promotions Committee, Chairs Committee, an ad hoc grading system committee, and chaired an ad hoc Legal Research and Writing committee. He currently chairs the Law School’s Strategic Planning/Self-Study Committee. A native of Minneapolis, Professor Ohnesorge received his B.A. from St. Olaf College (English and Psychology, 1985), his J.D. from the University of Minnesota Law School (1989), and his S.J.D. from Harvard Law School (2002). He has spent several years in East Asia, first as a teacher and law student in Shanghai in the 1980s, and then as a lawyer in private practice in Seoul in the 1990s. Professor Ohnesorge has been a visiting scholar at the Max Planck Institute for Comparative Public Law and Public International Law in Heidelberg, Germany, and at Seoul National University. He has been appointed a lecturer at Harvard Law School, co-teaching with Professor William P. Alford, and served as a clerk to Federal District Court Judge Rya W. Zobel (D. Mass). Professor Ohnesorge has published widely in the field of Law and Development, with a particular focus on modern East Asia. He recently completed the first of a series of papers exploring

impeachment from a comparative perspective, and has begun a project on the work of Willard Hurst and the field of Law and Development. Presentation: Development is not a Dinner Party: A Hurstian Perspective on Law and Growth in China Renagh O’Leary Renagh O’Leary is a Clinical Assistant Professor with the Legal Assistance to Incarcerated People (LAIP) Project at the Frank J. Remington Center. Before joining the Remington Center, she was a trial attorney at the Bronx Defenders, a public defender’s office committed to an innovative model of holistic representation. She received her J.D. from Yale Law School, where she was a Comments Editor for the Yale Law Journal and received the C. LaRue Munson Prize for her clinical work. Paper: Early Release Advocacy in the Age of Mass Incarceration Angela Onwuachi-Willig A graduate of Grinnell College (B.A.), University of Michigan Law School (J.D.), and Yale University (Ph.D.), Angela Onwuachi-Willig is Dean and Professor of Law at Boston University School of Law. Previously, she served as Chancellor’s Professor of Law at the UC Berkeley. She is author of According to Our Hearts: Rhinelander v. Rhinelander and the Law of the Multiracial Family and numerous articles in leading law journals like the Yale Law Journal, California Law Review, Virginia Law Review, Georgetown Law Journal, Northwestern University Law Review, and Vanderbilt Law Review. She is the recipient of numerous teaching awards, a former Iowa Supreme Court finalist, a recipient of Law and Society Association’s John Hope Franklin Award, an elected member of the American Law Institute, and the first professor (along with her co-author Dean Mario Barnes of the University of Washington School of Law) to receive both the AALS’s Clyde Ferguson and Derrick Bell Awards. Most recently, she was honored as an EXTRAordinary Woman in Boston in spring 2020. Additionally, she and four black women decanal colleagues—Danielle Conway (Penn-State Dickinson Law), Danielle Holley-Walker (Howard Law), Kim Mutcherson (Rutgers Law), and Carla Pratt (Washburn Law)—were selected to be the inaugural recipients of the AALS Impact Award in recognition of the extraordinary work they performed in collating the Law Deans Antiracist Clearinghouse Project in January 2021. Paper: #CRT: How Critical Race Theory and Technology Enabled Today’s Social Movement for Racial Equality (co-authored with Nia Johnson) David Schwartz David S. Schwartz is Foley & Lardner-Bascom Professor of Law at the University of Wisconsin Law School. He is author of The Spirit of the Constitution: John Marshall and the 200 Year Odyssey of McCulloch v. Maryland (Oxford University Press 2019). Presentation: Federalism, Liberty, and Slavery in Wisconsin: the Case of Ableman v. Booth

Mitra Sharafi Mitra Sharafi is a legal historian of South Asia at the UW Law School and Legal Studies program, with History affiliation. She is the author of Law and Identity in Colonial South Asia: Parsi Legal Culture, 1772-1947 (Cambridge University Press, 2014), which won the Law and Society Association’s Hurst Prize in 2015. She is currently working on a book project on falsity and forensic science in colonial India, with support from Princeton’s Davis Center (2018) and an American Council of Learned Societies Burkhardt fellowship ’18 (National Humanities Center, 2020-1). Sharafi’s recent publications include articles on forensic bloodstain analysis (awarded the 2020 LSA Article Prize) and abortion during the Raj. She teaches Contracts I at the Law School and undergraduate courses on legal pluralism and the history of forensic science for Legal Studies and History. Mitra Sharafi hosts the South Asian Legal History Resources website, which turns ten in 2020. She also tweets (@mjsharafi) and is a regular contributor to the Legal History Blog. Presentation: South Asian Legal Studies and UW Law School Kendall Thomas Kendall Thomas is the Nash Professor of Law and co-founder and Director of the Center for the Study of Law and Culture at Columbia University in the City of New York. In addition to publications in academic journals and scholarly and popular anthologies, Thomas is an editor of Critical Race Theory: Key Writings that Formed the Movement (New Press, 1995), the first anthology of Critical Race Theory scholarship and of Legge, Razza e Diritti: La Critical Race Theory negli Stati Uniti (Edizioni Diabasis, 2006). His 2005 collaboration with choreographer William Forsythe, Human Writes, has been performed to critical acclaim before audiences in several venues, including the International Theatre Festival in Istanbul, Turkey and, at the invitation of the United Nations' Office of the High Commissioner for Human Rights, in the Palais des Nations in Geneva, Switzerland. Presentation: Critical Race Theory, “Critical Race Theory,” and the Weaponization of Racial Illiteracy Daniel Tokaji Daniel P. Tokaji is the Fred W. & Vi Miller Dean and Professor of Law at the University of Wisconsin Law School, effective August 1, 2020. As Dean, he serves as the chief academic and executive officer of the school, with responsibility for faculty and staff development, personnel oversight, strategic planning and institutional vision, fundraising, budget planning and management, curriculum, and student academic affairs. Dean Tokaji comes to the University of Wisconsin from Ohio State University, where he served as Associate Dean for Faculty and Charles W. Ebersold & Florence Whitcomb Ebersold Professor of Constitutional Law at the Moritz College of Law. A member of the Ohio State faculty from 2003 until 2020, he taught a wide variety of courses, including Civil Procedure, Civil Rights Lawyering, Comparative Constitutional Law, Election Law and Voting Rights, Federal Courts, First Amendment, Legal Analysis and Writing, Legislation and Regulation, and the U.S. Legal System. He has also taught at Harvard Law School, Hong Kong University, and Oxford University. A leading authority in the field of Election Law, Dean Tokaji’s scholarship

addresses questions of voting rights, free speech, and democratic inclusion. He has published over 50 law review articles, book chapters, and other scholarly papers on a wide range of topics. His recent work includes “Gerrymandering and Association,” William & Mary Law Review (2018), “Denying Systemic Equality: The Last Words of the Kennedy Court,” Harvard Law & Policy Review (2019), and “Voter Registration in a Pandemic,” University of Chicago Law Review Online (2020). He is the author of Election Law in a Nutshell (2d ed. 2016), and co-author of Election Law: Cases and Materials (6th ed. 2017) and The New Soft Money (2014). His recent scholarship addresses the challenges facing democracies around the globe, including the free speech issues surrounding digital disinformation and the need for trustworthy electoral institutions. Media have frequently relied on Dean Tokaji’s expertise on election, voting, and speech issues. He has been quoted or interviewed by the New York Times, Wall Street Journal, Washington Post, and National Public Radio, and many other outlets. Dean Tokaji graduated summa cum laude from Harvard College, with an A.B. degree in English and American Literature and Language and Philosophy, then earned a J.D. from Yale Law School. Dean Tokaji clerked for the Honorable Stephen Reinhardt of the Ninth Circuit Court of Appeals. A former civil rights lawyer, he has brought many free speech, racial justice, and voting rights cases over his career. Keynote Address: Diversity, Equity, and Inclusion at the University of Wisconsin Law School David Trubek David Trubek is Voss-Bascom Professor of Law and Dean of International Studies Emeritus at the University of Wisconsin-Madison and Senior Research Fellow at the Harvard Law School. He is a graduate of the University of Wisconsin-Madison and Yale Law School. He served as Legal Advisor to the USAID Mission to Brazil in the 1960s and has kept close contact with Brazilian developments since then. Dean Trubek has written extensively on the role of law and lawyers in development. Recent books include: World Trade and Investment Law Reimagined (co-editor) (Anthem Press 2019); Emerging Powers in the International Economic Order (co-author) (CUP 2019); The Indian Legal Profession in the Age of Globalization (co-editor) (CUP 2017); The Brazilian Legal Profession in the Age of Globalization (co-editor) (CUP 2018); Law and the New Developmental State: The Brazilian Experience in Latin American Context, (co-editor) (CUP 2013); Direito, Planejamento e Desenvolvimento do Mercado de Capitais Brasileiro 1965-70 (with Gouveia Viera and Sa) (Saravia 2nd edition 2011); and The New Law and Economic Development: A Critical Appraisal (with A.Santos) (CUP 2006). Dean Trubek taught at Yale and Harvard Law Schools, the Catholic University Law School in Rio de Janeiro and the FGV Law School in São Paulo and has been Visiting Scholar in Residence at the European University Institute in Florence, the Fundacão Joaquim Nabuco in Recife, the London School of Economics, and the Maison des Sciences de L’Homme in Paris. From 2012-2020 he served as co-director of GLEE, the Project on Globalization, Lawyers, and Emerging Economies. Currently, he directs PAL, the Project on Authoritarian Legalism in Brazil. India & South Africa. Louise Trubek Louise G. Trubek is Clinical Professor of Law Emerita University of Wisconsin. She served as Adjunct Professor of Law at Seton Hall Law School 2010-12. She received her J.D. from the

Yale Law School in 1960. She served for many years as Executive Director and Clinical Director at the Center for Public Representation in Madison, Wisconsin. Professor Trubek writes on public interest lawyering in the US and around the world, clinical legal education and poverty law. Recent publications include : Global Pro Bono: Causes, Context and Contestation” edited with Scott Cummings and Fabio Sa e Silva forthcoming Cambridge University Press 2020, “Social Justice Advocacy and Innovation: The Wisconsin Center for Public Representation 1974-Present” Georgetown Journal on Poverty Law and Policy Vol. 25 Winter 2018, and “The Emerging Legal Architecture for Social Justice” New York University Review of Law and Social Change Vol 44/355 (with Luz Herrera). Mark Tushnet Mark Tushnet is William Nelson Cromwell Professor of Law emeritus at Harvard Law School. He is the co-author of four casebooks, including the most widely used casebook on constitutional law, has written numerous books, including a two-volume work on the life of Justice Thurgood Marshall and Advanced Introduction to Comparative Constitutional Law, Taking Back the Constitution: Activist Judges and the Next Age of Constitutional Law, Why the Constitution Matters, and Weak Courts, Strong Rights: Judicial Review and Social Welfare Rights in Comparative Perspective, and has edited several others. He was President of the Association of American Law Schools in 2003. In 2002 he was elected a fellow of the American Academy of Arts and Sciences. Presentation: Legal Process and Constitutional Law at Wisconsin Robert Yablon Robert Yablon teaches Civil Procedure, Federal Jurisdiction, and the Law of Democracy. His research interests include political and election law, constitutional law, federal courts, and statutory interpretation. Professor Yablon received his bachelor's degree in economics and political science from the University of Wisconsin-Madison and his master's degree in social policy from the University of Oxford, where he was a Rhodes Scholar. He then earned his J.D. at Yale Law School, where he was an Articles Editor of the Yale Law Journal. Following law school, Professor Yablon served as a law clerk for Judge William Fletcher of the U.S. Court of Appeals for the Ninth Circuit and for U.S. Supreme Court Justices Ruth Bader Ginsburg and Sonia Sotomayor. He also worked in private practice at Orrick, Herrington & Sutcliffe LLP in San Francisco and Washington, D.C. He has been the principal author of dozens of appellate and trial-level briefs, and has argued in a number of state and federal courts, including the U.S. Supreme Court. Professor Yablon's recent articles include "Voting, Spending, and the Right to Participate," 111 Northwestern University Law Review 655 (2017), "Campaign Finance Reform Without Law," 103 Iowa Law Review 185 (2017), and "Campaigns, Inc.," 103 Minnesota Law Review 151 (2018). In 2018, UW Law students honored Professor Yablon with the Classroom Teacher of the Year Award. Presentation: The Gerrymandering of Constitutional Structure