International Community Service and Professional Activities
Director PI US Russia Foundation Emory/Ural State/Moscow State Partnership (2016-
Designed, implemented, oversaw three year grant to do programming in oral advocacy, experiential learning, clinical/legal aid/refugee advocacy, international arbitration, and negotiation and mediation education for Russian legal educators, judges, lawyers and law students.
Founder/Faculty member of Emory/ Jiao Tong’s Masters in Comparative Law Program
Designed, along with Weiping, Sun, Professor of Law at Jiao Tong, Emory’s Master’s in Comparative Law Program. Initially focused on preparing a new generation of Chinese criminal defense lawyers, it evolved into training for prosecutors for the Shanghai Stock Exchange, and then into a more transactional oriented 6 month certificate program for Chinese practicing lawyers interested in a comparative understanding of US and Chinese law and practice. The size of the class the last two years has exceeded 20 students per year.
Director USAID Emory/Universidad Panamericana Partnership (2013-2016)
Designed, implemented, oversaw major three year grant to do oral advocacy education for Mexican judges, lawyers and law students in advance of the Mexico’s adoption of a new Constitution requiring oral adversarial courtroom procedures. This work grew out of an earlier grant from USAID to do cross border study and training for combatting drugs. (2012).
Program Director, International Advocacy and Dispute Resolution, Emory University,
(with The Carter Center (TCC) Lawyers Without Borders (LWOB), National Institute for Trial Advocacy (NITA),and the Senior Lawyers Project). Designed advocacy training programs for lawyers who appear before the International Criminal Court, (ICC) and International Criminal Tribunal for Rwanda (ICTR) and International Criminal Tribunal for Yugoslavia (ITCY). Also designed and led rule of law/advocacy training programs for lawyers, judges and magistrates in Liberia, Kenya, (annual training program on topics of GBV, public corruption, and wildlife poaching), Ecuador, frm Soviet Republic of Georgia, (Emory only) and China (Emory only).
Consultant, TCC, since 2004. (Country expert on Syria, (worked with NGO partners in connection with the UN efforts to develop vision of post conflict Syria), Liberia, evaluated TCC’s GBV programs with Emory’s IDN), and Sudan.
Executive Committee, Board, Institute for Developing Nations, (IDN), Emory University (2007-2017).
Speaker/Panelist- Law and Development Institute, Buenos Aires, Argentina (September 2016) Cape Town, South Africa, (2017), Berlin, Germany (2018) (gave paper presentations on rule of law and GBV, wildlife poaching, and law and development in Botswana).
National Community Service and Professional Activities
Director of Public Education, National Institute for Trial Advocacy ( NITA) (October 1. 2003-2007). Associate Director, In-House Training, NITA, (1998-2003).Co-Director, (NITA) National Trial Program, (2000-2001) Director, Director of NITA/Emory Deposition Program, (December 2012-2017). (NITA) Smokey Mountain Regional Trial Advocacy Program, (1999-2002) Director, (NITA) Appellate Program (1989 to 1997); Director, (NITA) Motion Practice Program (1989-2005).Team Leader, NITA, led teams of judges and trial lawyers in teaching litigation skills at National Programs in Boulder, CO, and Regional Programs in Berkeley, CA, Chicago, IL, Chapel Hill, NC, Cleveland, OH, Denver, CO, Miami, FL, Philadelphia, PA, Seattle, WA, Washington, D.C., and Advanced Trial Advocacy programs in Broomfield Colo. Washington D.C., and Gainesville, FL, and also taught in many NITA in-house programs around the country. (1982 to 2005)
Consultant, program design and teaching CLE: ethics, interviewing, counseling, negotiation, deposition taking and trial skills for various law firms, governmental agencies, and business organizations (including Jones Day, Quinn Emmanuel, Kirkland & Ellis; King & Spalding, Sutherland Asbill, McKenna Long & Aldridge, Kaye Scholer Fierman Hays & Handler; Freid Frank, Davis Polk & Wardell; Mayer Brown & Platt; Brown & Bain; Baker Botts & Hoestetler; Gunster Yoakley & Stuart; Rosenman & Colin; Steptoe & Johnson; NY Stock Exchange; Federal Trade Commission; Federal Election Commission; Home Loan Bank Board; Legal Services Corporation; Sovran Inc.; Signet Inc.; Crestar Inc.; Virginia Insurance Reciprocal; Selective Insurance Inc; Consolidated Edison, Inc.)
Consultant, Medical College of Virginia, Ethics Committee, (1992-99).
Facilitated discussion and awareness of medical legal ethical issues that arise at MCV's teaching hospital.
Of Counsel, Guttman Brooks & Buschner (legal strategy, evidence and ethics in whistleblower case involving the False Claims Act, (FCA))
Class Action in the Legal History of the USA and Russia: Searching for an Optimal Model, 10 The Herald of Civil Procedure (Russian Law Journal) 144 (2020) (with VV Yarkov) (in Russian).
Legal Education in Search of a New Meritocracy and Values for Admissions, Grading, and Pedagogy (March 14, 2020). Available at SSRN: https://ssrn.com/abstract=
Non-Disclosure Agreements, Liquidated Damages and Arbitration in Context: Contracts Drawn for Good or Evil (September 16, 2018). (with David F. Partlett) Available at SSRN: https://ssrn.com/abstract=3250481
Is the Corporation an Enemy of Democracy? How to Give the Corporation a Little Soul (ECGAR, June 5, 2018) Emory Legal Studies Research Paper Forthcoming. Available at SSRN: https://ssrn.com/abstract=3191473 or http://dx.doi.org/10.2139/ssrn.3191473
Wildlife Poaching and Rule of Law Development in Africa, Law and Development Review, (June, 2018) (with Sergio Glajar, 2018) Emory Legal Studies Research Paper. Available at SSRN: https://ssrn.com/abstract=3132680 or http://dx.doi.org/10.2139/ssrn.3132680
Human Rights for Women in Liberia (and West Africa): Integrating Formal and Informal Rule of Law Reforms through the Carter Center’s Community Justice Advisor Project, Law and Development Review, (2017), ISSN (Online) 1943-3867, ISSN (Print) 2194-6523, DOI: https://doi.org/10.1515/ldr-2017-0008.
High Prices in the US for Life Saving Drugs: Collective Bargaining Through Tort Law? Marquette Benefits & Social Welfare Law Review, 17:2 (2016)
A Failure of Remedies: The Case of Big Pharma (An Essay) 3 Emory Corporate Governance and Accountability Review 41 (2016)(with Reuben Guttman)
History, Creative Imagination, and Forgiveness in Mediation on an International Stage: Practical Lessons from Paul Ricoeur's Hermeneutics, 30, 2 Journal of Law and Religion, (2015)
Social Media and Conflict Mapping in Syria: Implications for Peacemaking, International Criminal Prosecutions and for TRC Processes (2015) 30 Emory International Law Review, 169, 2015
Moving From an Inquisitorial to an Oral Adversarial System in Mexico: Jurisprudential, Criminal Procedure, Evidence Law and Trial Advocacy Implications, 26 Emory Journal of International and Comparative Law 189 (2012)(with Alexander Barney)
The Utility of a Nonconsequentialist Rationale for Civil Jury Awarded Punitive Damages, 54 Kansas Law Review 403 2006
Looking to Ground Motives” for a Religious Foundation for Law, 54 Emory L.J. 357, (2005)
Burden of Proof: Developments in Modern Chinese Evidence Rules, 10 Tulsa J. Comp. & Int’l L. 419 (2003)(with Zhang)
Forward, The Ethics 2000 Commission: The Adversary System and the Lawyer-Client Relationship, 70 U. Tenn. L. Rev. i, (2002)
The "Care Perspective," American Legal Counselors, and Reformed Christian Philosophy, 2002 Rutgers. J. L. and Relig., 3, No. 2.
Epistemology After Daubert, Kumho Tire, and the New Federal Rule of Evidence 702, 74 Temp.L. Rev. 103, 2001 (with Malone)
Technology and Opening Statements: A Bridge to the Virtual Trial of the 21st Century? 67 Tenn. L.Rev 523, Fall 2000 (with Galligan.)
Using Analogies to Persuade at Trial, www.lexis.com/practice areas/litigation, (1999).
Ethics of Care and Re-Imagining the Lawyer Client Relationship, 22 J. Contemp. Law 383 (1996).
Looking For A Nonlegal Process: Physician-Assisted Suicide and the Care Perspective, 30 U.Rich. L. Rev. 201, (1996)
Should the Children Pray and The Godless Court, Book Review, 50 Interpretations 299 (1996).
Due Process and Punitive Damages, 1991 Utah L. Rev. 407 (1991).
God, Man and Jury, 1989 Utah L. Rev. 433 (1989).
Who Knows Best About Damages: A Case for Courts Rights, 93 Dickinson L. Rev. 689 (1989) (with Dean Piermattei).
The Consequentialist/Non-consequentialist Ethical Distinction: A Tool for the Formal Appraisal of Negligence and Economic Tort Analysis, 26 Boston College L. Rev. 905 (1985).
"Cause in Fact" in Tort Law - A Philosophical and Historical Examination, 31 DePaul L. Rev. 769 (1982).
First Bank of Boston v. Bellotti: Corporations Right to Political Speech, 6 Pepperdine L. Rev. 529 (1979).
Peacemaking, Religious Belief and the Rule of Law: The Struggle between Dictatorship and Democracy in Syria and Beyond, (Routledge, Taylor and Francis Group, London and New York, 2018).
Principled Negotiation and Mediation in the International Arena: Talking With Evil, (Cambridge University Press, 2018)
Torts: Cases, Problems, and Exercises, 5th. ed. (LexisNexis, 2018) (with Weaver, Bauman, Cross, Klein, Martin)
Mastering Torts, 2d. (North Carolina Academic Press 2016) (with Weaver, Bauman, Cross, Klein, Martin)
Advanced Negotiation and Mediation Theory and Practice 3rd. ed. (NITA, 2015)(with Guernsey)
Fact Investigation: Interviewing, Case Analysis, and Counseling for Effective Representation, 2d ed.(NITA, 2015)(with Bocchino)
Exhibit Rules, 2d. ed. (NITA 2017)(with Malone and John Zwier)
Effective Expert Testimony, 4th ed. (NITA, 2015)(with Malone)
Legal Strategy, (NITA 2005)