Howard University

Faculty Highlights-September 2008

September 2008

Chrichton, Sha-Shana
Attorney Michael Melton served as judge for Professor Crichton’s LRRW II Oral Arguments, which were held on April 15, 2008 in the Moot Court Room. Michael E. Melton is an attorney with over 24 years experience in the field of intellectual property law (litigation and licensing) and the management of corporate intellectual property law departments. In addition to his legal practice, Michael is Founder, President and CEO of TME Enterprises I., LTD (‘TME”). TME, headquartered in Atlanta, Georgia, owns and manages a portfolio of commercial real estate and restaurants.

Gavil, Andrew
Over the summer, Professor Gavil completed the Teacher’s Manual to his casebook, Antitrust Law in Perspective. The Manual should be published shortly. He also published Burdens of Proof in U.S. Antitrust Law, in I ABA Antitrust Section, Issues in Competition Law and Policy 125 (2008).

In September he will be presenting at two conferences: The 5th Seoul International Competition Forum, Keynote Speaker, Session II: The Role and Direction of Economic Analysis in Competition Law Enforcement, Lotte Hotel, Seoul, South Korea, September 3, 2008 (; and Harvard Law School, Berkman Center for Internet & Society, Panelist, U.S. v. Microsoft: Ten Years Later, Cambridge, MA, September 12-13, 2008.

Professor Gavil will also be one of three core faculty teaching at the American Bar Association, Antitrust Section, Antitrust Masters Course IV, Hot Springs, VA, September 25-28, 2008.

Professor Gavil also has been appointed a Senior Editor of the Antitrust Law Journal.

Gresham, Alice
Professor Gresham will receive the inaugural Legacy Diversity Award from the Council on Legal Education Opportunity (CLEO) in honor of her demonstrated leadership and dedication to diversity in the legal profession.

This award will be presented at CLEO’s Washington, DC, reception on September 10, 2008, 6:30-8:30 p.m. at the Smithsonian’s National Museum of African Art.

CLEO is a non-profit Organization under the 501 (c) (3) charitable arm of the American Bar Association’s Fund for Justice and Education. CLEO’s mission is to increase diversity in this nation’s leadership by providing scholarships and support programs to minority, underrepresented and economically-disadvantage students who enter and graduate from law school.

Mabry, Cynthia
Professor Mabry published the following article: Looking Beyond the United States: How Other Countries Handle Issues Related to Unwed Fathers in the Adoption Process, 36 Cap. U. L. Rev. 363 (2007) although this article has a 2007 date, it was just released.)

She also published a Teachers’ Manual for Adoption Law: Theory, Policy and Practice (2008) (160 pages including issues and holdings for each featured case and teaching points for each chapter).

Professor Mabry made the following presentations: (1) Making a Place for Culture in Child Custody Determinations, ABA-FLS & APA Joint Continuing Education Conference, Chicago, Illinois (May 1, 2008) (plenary session-keynote speaker); (2) An Update on Adoption Law, The Inaugural Annual Midwest Family Law Conference, Indiana University School of Law-Indianapolis, Indianapolis, Ind., June 13, 2008; (3) Making a Winning Appeal, Legal Eagles Law Camp, Glenarden, Md., July 8, 2008.

Professor Mabry was appointed to the Board of Trustees of the Law School Admission Council in June 2008. She will also serve as a Trustee Liaison to the Diversity Committee.

Professor Mabry participated in Maryland’s Child Welfare Summit as a Representative of Prince George’s County, Maryland, June 12 & 13, 2008.

Mcdougall, Harold
Professor McDougall gave the keynote address at the annual Pro-Vice Chancellor’s Convocation of the University of Southern Africa, in Pretoria, South Africa, July 28, 2008. His topic was “Cultural DNA: Synthesizing Indigenous and Formal Knowledge in a Distance-Learning Context.”

Raj, Claire (Coordinator, Equal Justice Programs)
Claire Raj, Coordinator of Equal Justice Programs, has begun her first academic year at Howard. Ms. Raj is working to expand the pro bono opportunities at the law school by implementing a formalized pro bono pledge program where students will pledge to serve a certain number of pro bono hours during their 3 years of school.

Ms. Raj is also exploring ways to expand the funding available for summer public interest internships, including securing Federal Work Study funding.

In July, she was a panelist at a Public Defender Service conference at GW Law, “The Path to Becoming a Public Defender” where she moderated a panel about alternative careers in criminal defense.

Ms. Raj was also recently invited to serve on the board of the Washington Council of Lawyers, a voluntary bar association which focuses on promoting pro bono service and public interest law in the local community.

Ross, Josephine
In June, Prof. Ross gave a talk at the AALS Conference for New Clinical Teachers at the Marriot Hotel in DC. The subject of the talk was “Navigating the Academy.” She also served as a small group leader during the weekend event. In May, she served as a small group leader at the AALS Clinical Conference in Tucson, Arizona.

In August, Prof. Ross took on the task of Interim Director of the Clinical Law Center at HUSL for the semester, during Professor Meekins’ leave of absence.

Her article Still In Limbo: The Continuing Failed Response To Katrina appeared in the current issue of the Howard Law Journal.

Taslitz, Andrew
This summer, Professor Andrew E. Taslitz completed manuscripts for the following forthcoming articles and book chapters:

  • Judging Jena’s D.A.: The Prosecutor and Racial Esteem, 44 Harv. Civ. Rt.s-Civ. Lib.s __ (forthcoming 2009);
  • Search and Seizure History as Conversation: A Reply to Professor Smith, 5 Ohio St. J. Crim. L. __ (forthcoming 2009);
  • Wrongly Accused Redux: How Race Contributes to Convicting the Innocent: The Informants’ Example, __ S.W.L.Rev. __ (forthcoming fall 2008) (by invitation to a symposium on innocence);
  • Ferguson v. City of Charleston: the Feminization of Consent, in The Encyclopedia of the Supreme Court of the United States (Thomson Publishing, forthcoming 2008) (by invitation);
  • The Duke Lacrosse Players and the Media: Why the Fair Trial/Free Press Paradigm Doesn’t Cut it Anymore, in Race to Injustice: Lessons Learned from the Duke University Lacrosse Players Rape Case (Michael Siegel ed., Carolina Academic Press; expected publication fall 2008);
  • The Slave Power Undead: Criminal Justice Successes and Failures of the Thirteenth Amendment, in THE PROMISES OF LIBERTY: THIRTEENTH AMENDMENT ABOLITIONISM (Alexander Tsesis, ed., forthcoming Columbia University Press spring 2009);
  • A number of essays in the forthcoming anthology of original works, Criminal Law Conversations (forthcoming Columbia University Press 2009), including: (a) Super-Comment, Self-Deception and Rape Law Reform; (b) Comment, Cognitive Science and Contextual Negligence Liability; (c) Comment, Public versus Private Retribution and Delegated Revenge; (d) Comment, Mechanistic versus Evaluative Visions of Emotions in Date Rape; (e) Comment, The Decline of Criminal Law Representative Populism; (f) Comment, The Political Economy of Prosecutorial Indiscretion; and (g) Comment, Empirical Desert: The Yin and Yang of Criminal Justice;
  • Chapter 5: Criminal Justice, in The American Adversarial System: A Distance Learning Course (Lexis/Nexis forthcoming 2008);
  • Review Essay, Christopher Slobogin’s Proving the Unprovable, 22 Crim. J. __ (2007);
  • The Guillty Plea State, 2 Crim. J. __ (forthcoming fall 2008) (editor’s introduction to symposium on guilty pleas);
  • Prosecutorial Preconditions to Plea Negotiations: “Voluntary” Waivers of Constitutional Rights, 23 Crim. J. __ (forthcoming fall 2008); and
  • Letter Update to Constitutional Criminal Procedure (3d ed. 2008).

Additionally, he has agreed to write: Sympathy for the (Socially-Normed) Devil?: When, and to What Degree, Is (Local)) Human Weakness Excusable?, __ Texas. Tech. L. Rev. __ (forthcoming 2009) (by invitation of The Criminal Justice Initiative for a symposium on excuses and the criminal law); (2) What is Probable Cause, and Why Should We Care?: The Costs, Benefits, and Meaning of Individualized Suspicion, 73 L. & Contemp. Prob.s __ (forthcoming 2010) (with James Coleman, Jr.) ; and (3) The Death of Probable Cause, 73 L. & Contemp. Prob.s (forthcoming 2010).

He is also continuing work on his forthcoming two volume treatise on criminal procedure; the second edition of his criminal law casebook; the fourth edition of his criminal procedure casebook; and the fourth edition of his evidence casebook – these last two of which will also be released as interactive electronic casebooks.

He also participated in several conferences and committees, specifically as: (1) Discussion Leader, First Berkeley-GW Privacy Law Scholars Conference, George Washington University Law School, Washington, DC, June 12-13, 2008 (by invitation to a small select list of attendees only); (2) Co-leader of concurrent sessions on race, gender, and humanism in evidence law, one on teaching, the other on scholarship, AALS Mid-Year Meeting, Evidence Section Conference, The Future of Evidence: How Scholarship and Technology are Changing Evidence Law, Renaissance Cleveland Hotel, Cleveland, Ohio, June 3-6, 2008: (3) Member, National Institute for Justice, Eyewitness Identification Study Group, Eyewitness Field Identification Project, April 9, 2008-Present; (4) Member, Task Force on Transactional Surveillance Standards, ABA (January 2007- Present), meeting, Washington, DC; (5) Member, Criminal Justice Standards Committee, summer meeting. Finally, he videotaped a two hour long-distance learning course overview of criminal law and procedure for foreign students at Stetson Law School.

*Professor Taslitz is currently a Visiting Professor at the University of Pittsburg School of Law.

Worthy, Patricia
On Thursday, August 21, 2008, the Faculty Judicial Clerkship Committee held its second “Judicial Clerkship Interview” discussion. The purpose of the session was to provide our students with the opportunity of having federal and state court judges discuss suggestions and strategies that they could utilize in their upcoming judicial clerkship interviews.

Third-year students who applied for federal clerkships in early September, were the target audience (approximately 25 students), but several second year students (4-5 students) were also in attendance. We were fortunate to have as our presenters, United States District Court Judges Ricardo Urbina and Reggie A. Walton and D.C. Court of Appeals Judge Inez Smith Reid. The participants gave the experience high marks and have requested that we continue to conduct this workshop-like program on an annual basis.

Professor Worthy is the Chair of the Judicial Clerkship Committee.

Highlights from the Deans’ Corner

Kurt L. Schmoke
Dean of the Law School

Dean Schmoke was invited to serve on a task force created by the ABA Board of Governors to review the accreditation function and other activities of the ABA Section of Legal Education and Admissions to the Bar. The role of the task force is to review the current process and make recommendations, if necessary, regarding ways to improve this vital activity of the ABA.

On May 16, 2008, Dean Schmoke was the Commencement Speaker at Pepperdine University School of Law. He also received an honorary “Doctor of Laws” degree.

Dean Schmoke wrote an article for New Republic Magazine Online regarding the future role of Drug Courts.

The Dean gave welcome remarks at the Environmental Justice Conference held at the School of Law on May 21, 2008.

Dean Schmoke was a faculty member at the ABA New Deans Workshop held in Marco Island, Florida from May 30 to June 3.

On June 8, the Dean was the guest speaker at the CLEO Mid-Summer Professional Development Seminar and Career Fair in Chicago. The theme was “Promoting Diversity in the Legal Profession: Past and Present”.

The Dean visited the HUSL South Africa Program from June 14 to June 21.

On July 11, the Dean was invited to be a panelist at a forum sponsored by Sullivan & Cromwell and Goldman Sachs in New York. The title was, Winning Strategies: A Forum on Strategies to Close the Achievement Gap.

On July 13, Dean Schmoke represented the University and attended the Public Meeting of the Alpha Kappa Alpha Sorority during their 100th Celebration in Washington.

On July 16, Dean Schmoke was the keynote speaker for the 2008 Mayoral Fellowship Program for the City of Baltimore. The participants in the fellowship program were undergraduate and graduate students with an interest in city government.

The Dean attended the NBA Convention in Houston from July 28 – July 30. In addition to meeting with many HUSL alumni, the dean also participated on a panel sponsored by the NBA Young Lawyers Division. The panel was titled, “Keeping the Pipeline Flowing: The Nuts and Bolts of the Law School Admissions Process”.

The Dean was invited and has accepted a position on the Law Librarian of Congress Search Committee.

]Dean Schmoke was called by the university to be the Acting Sr. Vice President for Academic Affairs from June 30 through August 30.

Okianer Christian Dark
Associate Dean For Academic Affairs

Associate Dean Dark spoke at the Environmental Justice Conference about the developing environmental justice program at the School of Law. This conference was held at Howard University School of Law in May 2008.

She was a presenter on “Teaching Methods for Upper-class Courses” at the AALS New Law Teachers’ Conference held in Washington, D.C. from June 26-28, 2008. She organized the program for the Women in Legal Education Section’s breakfast at the AALS New Law Teachers’ Conference.

Associate Dean Dark is a member of the AALS New Law Teachers Conference 2009 planning committee.

On June 19-20, 2008, she attended the 2008 Annual Conference sponsored by the Center for Alternative Dispute Resolution. The theme of the conference was “Managing Conflict and Removing Barriers to Collaborative Decision Making.” She was trained as a mediator at the Center for Alternative Dispute Resoulution.a certified mediator.

Reginald Mcgahee
Assistant Dean Of Admissions

Dean McGahee was selected by the National Bar Association as the Young Lawyer of the Year. The selection was based upon his work to increases the number of attorneys of color in the profession and for “being an excellent example of what a lawyer should be” for many students without prior exposure to a lawyer. He accepted the honor at the 82nd Annual Convention in Houston, TX in August 2008.

Dean McGahee also hosts a radio program designed to give practical advice regarding law school in general and specifically the admissions process for graduate and professional schools. The show entitled, “The Art of Getting Accepted” airs Sunday evenings at 6pm on

The program is an excellent marketing tool for the law school and the university. Howard Law is the first law school in the country with such an innovative outreach program. The radio show will enhance the law school’s ability to reach applicants and expand the depth and quality of the applicant pool. Additionally, the show further cements Howard as a trailblazer in legal education.

Anyone interested in being a guest panelist, contact Dean McGahee at

Adjunct Faculty Highlights
In the News

Judge Arthur L. Burnett, Sr. Receives Award from the Howard University School of Divinity

On April 19, 2008, Judge Arthur L. Burnett received from the Howard University School of Divinity the James Floyd Jenkins Pillar of Faith Award for outstanding contributions in applying religious principles and giving faithful service to improve the quality of life for all of our citizens in our communities here in D.C. and throughout the Nation. Joining in making this Award was also the United Church of Christ, which has nine separate churches in D.C. The United Church of Christ will make their Social Action committees available to the National African American Drug Policy Coalition and its work in reducing drug abuse and addiction in minority communities and in providing mentoring and other services to prevent our youth from dropping out of school, becoming involved in drug usage and trafficking, juvenile delinquency and crime.

The Biographical Profile in the Program Booklet of the 12 Awardees noted the following as to Judge Burnett: “Since retirement, Judge Burnett has been teaching as an adjunct law professor at two law schools and working with several civic, community and professional organizations to address the crisis of drug use and abuse in minority communities. Since August 1, 2004 he has been on sabbatical leave from the Superior Court serving as the National Executive Director, National African American Drug Policy Coalition.” The Bio Profile also noted: “It is estimated that he has mentored over 2,000 law student judicial interns. In addition, his speeches to minority high school, college and law school audiences are too numerous to attempt to quantify.”