Civil Justice Program presents:
Injuries Without Remedies
Panelists
Anne Bloom is Associate Professor of Law at the University of the Pacific McGeorge School of Law. She has also taught at Occidental College, New York Law School, Loyola Law School of Los Angeles, and the University of Salzburg.
Professor Bloom is broadly trained in law and politics. She holds both a J.D. and a Ph.D. in political science. Before teaching, she practiced as a public interest lawyer in Washington, D.C., working first as a lobbyist, and then, for nearly ten years, as a litigator.
Professor Bloom has written several articles on litigation, lawyers, and legal culture that have been published in law reviews, books, and interdisciplinary journals. Her most recent work appears in Law and Contemporary Problems and the North Carolina Law Review.
Arthur H. Bryant is the Executive Director of Public Justice, America’s public interest law firm, which marshals the skills and resources of over 3,000 of the nation’s top lawyers to fight for justice through precedent-setting and socially significant litigation.
The National Law Journal has named him one of the 100 Most Influential Lawyers in America. A graduate of Swarthmore College and Harvard Law School, Arthur is listed in Who’s Who in America, Who’s Who in American Law, and Who’s Who in the World. In 1991, he was honored by the American Bar Association (“ABA”) as one of twenty young lawyers making a difference in the world. In 1996, he received a Wasserstein Public Interest Fellowship from Harvard Law School for “outstanding contributions and dedication to public interest law” and was named by The American Lawyer as one of 45 young lawyers “whose vision and commitment are changing lives.” In 2002, he received the George Moscone Memorial Award for Public Service from the Consumer Attorneys Association of Los Angeles and the ABA’s Pursuit of Justice Award. In 2003, the Oregon Trial Lawyers Association renamed its public service award the Arthur H. Bryant Public Justice Award. In 2005, Arthur received the Justice Michael A. Musmanno Award from the Philadelphia Trial Lawyers Association and the Leonard Weinglass Award for Excellence in Defense of Civil Liberties from the Civil Rights Section of the American Association for Justice. For more information, see www.publicjustice.net.
Elizabeth J. Cabraser, a founding partner of Lieff, Cabraser, Heimann & Bernstein, LLP, has 30 years experience representing plaintiffs in securities, investment, and consumer fraud; product liability; and human and civil rights litigation. Ms. Cabraser received her A.B. in 1975, and her J.D. in 1978, from the University of California at Berkeley. She has written and lectured extensively on federal civil procedure, complex litigation, securities litigation, class action trials and settlements, mass tort litigation, and substantive tort law issues. Her litigation experience includes leadership roles in the FPI/Agretech, Breast Implants, Telectronics, Cordis, Felbatol, Fen-Phen (Diet Drugs), Baycol, Bextra/Celebrex, Guidant, Vioxx, and Vytorin MDLs, and work for smokers, Attorneys General and the Cities and Counties of California in Tobacco Litigation. She has served as court-appointed lead or co-lead counsel in over 80 federal multidistrict proceedings, and has participated in the design, structure and conduct of eight nationwide class action trials in securities fraud, product liability, mass accident and consumer cases in state and federal courts.
Ms. Cabraser has served as Visiting Professor of Law at Columbia University and Adjunct Professor of Law at the University of California, Berkeley (Boalt Hall), teaching complex litigation, class actions, and mass torts. She currently teaches complex litigation at Berkeley. She has lectured and conducted seminars for the Federal Judicial Center, ALI-ABA, the National Center for State Courts, Vanderbilt University Law School, and the Practicing Law Institute. She serves on the American Law Institute (ALI) Council. She is Editor‑in‑Chief of the treatise California Class Action Practice and Procedure (LexisNexis). Her recent articles include “Just Choose: The Jurisprudential Necessity to Select a Single Governing Law for Mass Claims Arising from Nationally Marketed Consumer Goods and Services,” Roger Williams University Law Review (Winter 2009); “The Manageable Nationwide Class: A Choice-of-Law Legacy of Phillips Petroleum Co. v. Shutts”, 74 UMKC L. Rev. 543 (Spring 2006), “The Class Action Counterreformation”, 57 Stanford L. Rev. 1475, (April 2005); “Human Rights Violations As Mass Torts: Compensation As A Proxy For Justice In The United States Civil Litigation System”, 57 Vanderbilt L. Rev. 2211 (November 2004); “Unfinished Business: Reaching The Due Process Limits Of Punitive Damages In Tobacco Litigation Through Unitary Classwide Adjudication”, 36 Wake Forest L. Rev. 979, (Winter 2001); “Enforcing The Social Compact Through Representative Litigation”, 33 Connecticut L. Rev. 1239 (Summer 2001); and “Life After Amchem: The Class Struggle Continues”, 31 Loyola L. Rev. 373 (January 1998).
Cabraser has received the Trial Lawyers for Public Justice Public Justice Achievement Award for her work as class counsel in the Polybutylene Pipe Litigation; the Consumer Attorneys of California’s 1998 Presidential Award of Merit and 2008 Edward J. Pollock Award for her commitment to consumer protection; the Anti-Defamation League’s Distinguished Jurisprudence Award for her work in the federal Holocaust Litigation in 2002; and the Boalt Hall Citation Award in 2003. She received the University of San Francisco School of Law’s 2007 “Award for Public Interest Excellence.” She has been named repeatedly as one of The National Law Journal’s “100 Most Influential Lawyers in America,” one of its “50 Most Influential Women Lawyers,” and its “Top Ten Women Litigators.” She has been annually included in the Daily Journal’s “Top 100 Lawyers” since 1998; its 2005-2008 “Top Women Litigators,” and its 2005 “Top 30 Securities Litigators.”
Julie Davies is a torts and civil rights scholar. She is co-author, with Paul Hayden of Loyola L.A., of Global Issues in Tort Law, and has been researching in the area of comparative tort law. Her scholarship has been published in many prominent law reviews. She teaches in the areas of Torts, Civil Rights and most recently, Animal Law. She is an elected member of the American Law Institute and is very active in a number of civic organizations. Professor Davies is also the Associate Dean for Academic Affairs.
David M. Engel is SUNY Distinguished Service Professor at the University at Buffalo School of Law, where he has served at various times as Director of the Baldy Center for Law and Social Policy, as Vice Dean for Interdisciplinary Studies, and as Director of International Programs. A longtime member of the Law & Society Association, he was elected President of that organization from 1997-1998. In 2005-2006, he was selected as the inaugural occupant of the Sturm Distinguished Visiting Chair at the University of Denver Sturm College of Law. He has studied legal culture and legal consciousness in communities in America and Asia, focusing in particular on the experiences of injury victims and on the role (or absence) of law in the lives of children and adults with disabilities. Engel is the author of a number of articles and books about tort law in its social and cultural context, including: Fault Lines: Tort Law and Cultural Practice (Stanford University Press: 2009) [coedited with Michael McCann] and Tort, Custom, and Karma: Globalization and Legal Consciousness in Thailand (Stanford University Press: 2010) [coauthored with Jaruwan S. Engel]. He teaches courses on Torts and Products Liability and seminars on Injuries and on Law, Culture, and Society. He also teaches the Thailand Bridge Course, which takes American law students to Chiangmai, Thailand in January for intensive study of Thai law, culture, and religion.
Marc Galanter the John and Rylla Bosshard Professor of Law and South Asian Studies at the University of Wisconsin - Madison and LSE Centennial Professor at the London School of Economics and Political Science, studies litigation, lawyers, and legal culture. He is the author of a number of highly regarded and seminal studies of litigation and disputing in the United States (including “Why the ‘Haves’ Come Out Ahead: Speculations on the Limits of Legal Change,” one of the most-cited articles in the legal literature. His work includes pioneering studies on the impact of disputant capabilities in adjudication, the relation of public legal institutions to informal regulation, and patterns of litigation in the United States. He is also co-author of Tournament of Lawyers (with Thomas Palay, 1991) which is widely viewed as the most robust explanation of the growth and transformation of large law firms.
He is an outspoken critic of misrepresentations of the American civil justice system and of the inadequate knowledge base that makes the system so vulnerable to misguided attacks.
Much of his early work was on India. He is recognized as a leading American student of the Indian legal system. He is the author of Competing Equalities: Law and the Backward Classes in India (1984, 1991) and Law and Society in Modern India (1989, 1992). He is an Honorary Professor of the National Law School of India, served as advisor to the Ford Foundation on legal services and human rights programs in India, and was retained as an expert by the government of India in the litigation arising from the Bhopal disaster. He is currently engaged in research on access to justice in India.
A leading figure in the empirical study of the legal system, he has been editor of the Law & Society Review, President of the Law and Society Association, Chair of the International Commission on Folk Law and Legal Pluralism, a Guggenheim Fellow, and a Fellow of the Center for Advanced Study in the Behavioral Sciences. He is a member of the American Law Institute and a Fellow of the American Academy of Arts and Sciences. He received degrees in philosophy and law from the University of Chicago. In addition to the University of Wisconsin and the London School of Economics, he has taught at Chicago, Buffalo, Columbia, and Stanford.
Lochlann Jain is a faculty member at Stanford's Anthropology department, where she teaches medical and legal anthropology. Jain's innovative teaching program includes courses on cancer culture, automobility, the politics of uncertainty, and famous trials. Jain completed her PhD in the History of Consciousness Program at UCSC. Jain's first book, Injury (Princeton University Press, 2006) analyzed the politics of tort law by examining how injuries and design are framed as legible legal concerns. The book was widely reviwed, and praised as: “a first-rate work of critique” (American Bar Foundation), “a provocative, sophisticated, and ambitious analysis” (Law & Politics Book Review), and “an impressive feat of interdisciplinary scholarship” (American Anthropologist). Jain is currently working on a book on the politics and culture of cancer in the United States; chapters have been published in Cultural Anthropology, Representations, and Public Culture. (Links to this work can be found at: https://www.stanford.edu/dept/anthropology/cgi-bin/web/?q=node/99.) Professor Jain is the recipient of the Cultural Horizons Prize, an NEH, and is currently a Fellow at the Stanford Humanities Center.
Douglas L. Johnson is a Partner at Johnson & Johnson LLP. He specializes in entertainment, class actions, and complex business litigation matters. Mr. Johnson received his B.A. from the University of Southern California (1996) and his J.D. from the University of the Pacific, McGeorge School of Law (2000).
Mr. Johnson has been named a Super Lawyers “Rising Star” in the area of intellectual property litigation for the last five consecutive years (2005-2010). (Rising Star attorneys represent the Top 2.5% of their profession in Southern California for lawyers 40 years old and younger). He is well known for handling numerous high-profile and wide-reaching entertainment matters. Recently, with his partner, Neville L. Johnson, he settled class actions against the Directors Guild of America and Writers Guild of America for tens of millions of dollars of unpaid foreign royalties.
In the past year alone, Mr. Johnson has settled numerous right of publicity cases for the firm’s clients, including TV celebrities, models and professional athletes.
He contributed to, authored, and argued appeals before the California Court of Appeals and the United States Court of Appeal for the 9th Circuit. This past year, Mr. Johnson has argued Walker v. Geico in the 9th Circuit and Webster v. Allstate in the California Court of Appeals.
In past several years, Mr. Johnson has handled numerous business litigation matters, receiving over $15 million in settlements.
Neville L. Johnson is a partner at the Beverly Hills firm of Johnson & Johnson LLP, which specializes in business, media and entertainment litigation and class actions involving consumers, the right of privacy, defamation, banking and credit, insurance, royalties in the entertainment industries, and against the entertainment unions (WGA, DGA and SAG) for failure to pay foreign monies due members and non-members. Mr. Johnson has tried over 23 jury cases to verdict, and in 2005 was nominated for Trial Lawyer of the Year by Consumer Attorneys Association of Los Angeles, of which he is a board member. He is a member of the American Board of Trial Advocates, and been deemed a ASuperlawyer; the Hollywood Reporter designated him a APower Lawyer,@ one of the top 100 entertainment lawyers in the nation. Besides California, Mr. Johnson has appeared in courts in Arizona, Colorado, Georgia, Hawaii, Louisiana, Mississippi, Nevada, New Jersey, New Mexico, New York, Ohio, Oregon, Pennsylvania, and Texas.
Mr. Johnson helped establish the right of privacy for all Americans in Sanders v. American Broadcasting Companies, Inc. 20 Cal.4th 907 (1999 unanimous), where the ABC network paid over $1 Million in compensatory and punitive damages, the first such verdict in the United States and currently studied in the leading case book on torts, and the two leading casebooks on entertainment law. The treatise, Privacy Torts, contains a special dedication to him, stating that he Aranks with Brandeis and Warren as the great defenders of privacy.@ ASuing the Media, Supporting the First Amendment: the Paradox of Neville Johnson and the Battle for Privacy,@ 67 Albany Law Review 1097 (2004), examines his career in media law.
He wrote The John Wooden Pyramid of Success, The Biography and Oral History of the Greatest Coach in the History of Sports, and the Ultimate Guide to Life, Leadership, Friendship and Love (2004), and records cd=s as the artist Trevor McShane.
Jayanth Krishnan joined the Indiana University-Bloomington Maurer School of Law in 2009 as Professor of Law, the Charles L. Whistler Faculty Fellow, and Head of the Indiana University Center on the Global Legal Profession's India Initiative. Prior to coming to Bloomington, he was Professor of Law at William Mitchell College of Law in St. Paul, Minnesota where he taught courses in property, immigration, comparative law, and legislation, and where he received the "Teacher of the Year" award for the 2003-2004 academic year.
Krishnan's academic research focuses on the legal profession, the behavior of lawyers, law-and-globalization, and legal education, with a special emphasis on how these areas intersect in India. He has written extensively on these subjects and his work has appeared in both highly-reputed law reviews and peer-reviewed journals. And he has a co-edited book entitled LAW & HINDUISM that is being published by Cambridge University Press in 2010.
In addition to having a law degree from Ohio State University, Krishnan holds a Ph.D. in political science from the University of Wisconsin-Madison. He has served as a Visiting Professor of Law at the University of Iowa's College of Law, as the British Academy Visiting Professor at the Centre for South Asian Studies at the University of Edinburgh, and as a Visiting Fellow at the Australian National University's College of Law.
George Lovell is an associate professor of Political Science at the University of Washington. His research examines interaction among branches of government, the impact of courts on social movements, and place of legal discourse in popular politics. He is currently finishing a book project on political institutions and legal consciousness that focuses on the Justice Department's civil rights activities in the 1940's. His first book, Legislative Deferrals, (Cambridge 2003) looks at the development of the American labor movement and shows how legislators use ambiguity to give judges the opportunity to resolve important policy controversies. The book challenges conventional understandings of the relationship between judicial power and democratic accountability. He has published articles on the deployment of legal claims in everyday political encounters, 19th century state labor legislation, legislative deference to the courts on abortion policy, and legislative delegation to the executive branch. He obtained his Ph.D. at the University of Michigan, and previously taught at the College of William and Mary.
Stephen R. Munzer is a professor of law at UCLA. He is trained in both philosophy (Oxford) and law (Yale), where he was Executive Editor of the Yale Law Journal. He practiced law with Covington & Burling and his first academic position was as an assistant professor of philosophy at Rutgers University. Since 1982 he has been a member of the UCLA law faculty. Munzer is best known for his work on the moral, political and legal philosophy of property. He also writes on the philosophy of biology and the philosophy of religion. He has received the David Baumgardt Memorial Fellowship and the Berger Prize in the Philosophy of Law from the American Philosophical Association as well as an NEH Fellowship. In recent years he has tackled problems involving biotechnology law and intellectual property rights in the traditional knowledge of indigenous peoples. In 2009 the American Philosophical Association published a tribute to his work on legal philosophy and biotechnology.
John T. Nockleby directs the Civil Justice Program at Loyola Law School. He served as a visiting professor at Harvard Law School for two years from 1993-95, and subsequently helped create and teach an innovative first year program at Harvard. He has also taught at Northeastern University School of Law, the Southwest Institute of Law and Political Science in Chongging, China and in Loyola's summer program in Costa Rica.
His research interests lie in the impact of new technologies upon privacy, the First Amendment and torts. In 2002 and again in 2003, the Berkman Center at Harvard Law School published his online course on privacy. Current projects include a torts text, and a second book on tort reform.
While a law student at Harvard, Nockleby was an editor of the Harvard Law Review. After graduation, he served as a law clerk to the Honorable Francis D. Murnaghan, Jr. of the United States Court of Appeals for the Fourth Circuit. He then practiced as a civil rights lawyer in North Carolina, and briefly in California. While with the firm then known as Chambers, Ferguson, Watt, Wallas & Adkins, Nockleby litigated many class action lawsuits and focused extensively on issues of racism and gender discrimination, constitutional and tort issues. He has taught at Loyola since 1989.
Gowri Ramachandran is an Associate Professor of Law at Southwestern Law School and co-editor of the Journal of Legal Education. She teaches, researches, and writes about constitutional law, human rights, employment law, and feminist and queer legal theory. Much of Professor Ramachandran's scholarship promotes legal rights and regulations that disperse control over culture. In a recent piece, "Against the Right to Bodily Integrity: Of Cyborgs and Human Rights," she retheorizes rights in one's body, arguing against rights to "integrity," which may constrain, rather than protect, the body's important role in cultural identity formation and innovation. Professor Ramachandran received her J.D. from Yale Law School, where she was Editor-in-Chief of the Yale Law Journal. Before joining Southwestern in 2006, she was a Future Law Professor Fellow at Georgetown University Law Center and visited at Florida State University Law School, after serving as a law clerk to Judge Sidney R. Thomas of the U.S. Court of Appeals for the Ninth Circuit. Professor Ramachandran has also visited at UC Berkeley School of Law, where she taught Constitutional Law and Employment Discrimination.
Dayna Scott joined the faculty at Osgoode Hall Law School at York University in Toronto in 2006 after completing a Post-Doctoral Fellowship at McGill’s Faculty of Law, and a Fulbright Fellowship at NYU Law School. She is cross-appointed to the Faculty of Environmental Studies. Professor Scott's teaching is in administrative law, environmental law and justice, and international environmental governance. Her current research project tackles the issue of chronic pollution on a Canadian aboriginal reserve. Specifically, she applies a critical perspective to law's treatment of the risks of long-term, low-dose exposures to pollutants. Professor Scott's 2005 dissertation is a socio-legal analysis of the transformative potential of international law’s “precautionary principle” as it has been employed by the environmental health movement. She is a member of Canada's expert advisory panel on the Chemicals Management Plan and is the Co-Director of the National Network on Environments and Women's Health.
Jason M. Solomon is an assistant professor at the University Of Georgia School Of Law. His writing focuses on the theory and practice of civil justice, and his research interests also include regulatory theory and policy, the law of the workplace, and legal education.
Prior to joining the Georgia Law faculty in 2005, he was chief of staff and counselor to the president of Harvard University. He previously served as a judicial law clerk to Judge Chester J. Straub of the U.S. Court of Appeals for the 2nd Circuit and Judge John Gleeson of the U.S. District Court in Brooklyn. Before entering the law, he worked in the White House and the U.S. Treasury Department.
Solomon earned his bachelor's degree magna cum laude from Harvard University and his Juris Doctor from Columbia University, where he served as notes editor of the Columbia Law Review.
Kaimipono Wenger is Assistant Professor of Law at Thomas Jefferson School of Law in San Diego. His research interests include civil rights, reparations and apology for slavery and Jim Crow, and restorative justice. Professor Wenger graduated from Columbia University School of Law, where he served as an articles editor on the Columbia Law Review and was a James Kent Scholar and a Harlan Fiske Stone Scholar. He clerked for Judge Jack B. Weinstein in the Eastern District of New York (he was the “tobacco clerk” that year), and then practiced law with Cravath, Swaine, & Moore LLP in New York City. Professor Wenger’s scholarship has appeared in the Wisconsin Law Review, American University Law Review, University of San Francisco Law Review, and Connecticut Law Review CONNtemplations. He has presented his work at a variety of events, including as an invited panelist at the Annual Legislative Conference of the Congressional Black Caucus. Professor Wenger writes online for the legal blog Concurring Opinions. He has taught at Thomas Jefferson since 2005.
Lucie White is the Louis A. Horvitz Professor of Law at Harvard Law School. She specializes in Economic and Social Rights. She heads an interdisciplinary Right to Health project that focuses on Ghana’s health finance system. She has been a Fulbright Senior Africa Scholar, a scholar in residence at the Harvard Divinity School, and a Bunting Fellow at Radcliffe College. With support from the Rockefeller Foundation’s Bellagio Center, she initiated “Stones of Hope,” a collaboration among African human rights activists and distinguished human rights scholars which will culminate in L. White and J. Perelman eds., Stones of Hope: African Lawyers Use Human Rights to Challenge Global Poverty (Stanford University Press, forthcoming 2010).
Jennifer B. Wriggins is the Sumner T. Bernstein Professor of Law and Associate Dean for Research at the University of Maine School of Law. Her book, The Measure of Injury: Race, Gender, and Tort Law (co-authored with Professor Martha Chamallas of Ohio State University) will be published in Spring 2010 by NYU Press. She has published many articles in the areas of torts and insurance, with a focus on race and gender. In October 2008, her research was cited in James McMillen v. The City of New York, 2008 WL 4555550 (E.D.N.Y.) which held that use of race-based life expectancy tables was unconstitutional. She was a Visiting Professor at Harvard Law School and Boston University School of Law in Spring 2005. Upon receiving her J.D., Professor Wriggins served as Clerk to Hon. Edward T. Gignoux, U.S. District Judge in Portland, Maine. Prior to joining the faculty of Maine Law, she was a partner at Pressman, Kruskal & Wriggins in Cambridge, Massachusetts and served as an Assistant Attorney General in the Massachusetts Attorney General’s office. She graduated magna cum laude with distinction in philosophy from Yale College and graduated cum laude from Harvard Law School. She is a member of the American Law Institute and is Treasurer of the Executive Committee of the Association of American Law Schools Torts and Compensation Systems section.