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Law Symposium - Spring 2011

Restitution Rollout: The Restatement (Third) of Restitution and Unjust Enrichment

Friday, February 25, 2011
Millhiser Moot Court Room

For many lawyers, judges, law students, and professors the road to restitution led through the Great Onyx Cave by way of one of the first restitution cases they read, Lee's and Edwards's litigation about Edwards's trespass on Lee's part of the Great Onyx Cave which was 360 feet below the surface of Lee's Kentucky farm. We think that today the better road to restitution runs to the ALI's Restatement (Third) of Restitution and Unjust Enrichment.
To aid you in taking that road, the Frances Lewis Law Center, The American Law Institute, and the Washington and Lee Law Review present this Restitution Rollout program.
Washington and Lee University School of Law and the American Law Institute are pleased to sponsor a conference, Restitution Rollout: Restatement (Third) of Restitution and Unjust Enrichment, on February 25, 2011 in Lexington, Virginia.

The American Law Institute (ALI), the leading legal-reform organization in the United States, restates basic legal subjects to inform the legal profession what "the law" is in a particular subject. In 2010, the ALI approved the Restatement (Third) Restitution and Unjust Enrichment (2011), the subject of our Restitution Rollout.

Restatement Third restores the full title, Restitution and Unjust Enrichment, that appeared on the Tentative Drafts of the original Restatement but was dropped when the official text was published, thus emphasizing that the subject matter encompasses the independent body of law of unjust enrichment, and not simply the remedy of restitution.

At the conference, ALI Reporter Andrew Kull and ALI Director Lance Liebman will introduce the Restatement Third of Restitution. They will be joined by leading Restitution and Contracts scholars including Joe Perillo, Lionel Smith, Peter Linzer, and Caprice Roberts, among others.
 
Sponsored by the W&L Frances Lewis Law Center, the American Law Institute, and the W&L Law Review. CLE credit available.


 

 

Symposium Schedule

8:15 A.M. Continental Breakfast Available in the Moot Court Lobby

8:45 A.M. Welcome and Opening Remarks

Dean Mark Grunewald and Prof. Doug Rendleman

9:00 A.M. Greetings from the American Law Institute

Lance Liebman - Restatement (Third) of Restitution and Unjust Enrichment (R3RUE) and the American Law Institute

9:15 A.M. Session I - Overview and Unjust Enrichment
Moderator – Justice Jack Jacobs
  
Video     Audio 

Mike Traynor – The R3RUE: Some Introductory Suggestions
Louis Wolcher – Unjustness and the Unsolicited Benefit
Peter Linzer & Donna Huffman – Unjust Impoverishment

10:30 A.M. Session II - R3RUE and Contract
Moderator -Douglas Laycock
  
Video     Audio 

Joseph Perillo – Restitution in a Contractual Context and R3RUE
Caprice Roberts – Opportunistic Breach-Disgorgement: Exorcizing the Ghosts of Equity
David Campbell – Opportunistic-Efficient Breach: A Relational Critique
Victor Goldberg – Chandler v. Webster – "Frustration" with R3RUE
Alexander Stremitzer – Beyond Ex-Post Expediency—An Ex-ante View of Rescission and Restitution

12:00 P.M. - Boxed lunches served in the Moot Court Lobby

12:15 P.M. - A Conversation with Andrew Kull
  
Video     Audio 

1:30 P.M. Session III - Defense
Moderator – Lance Liebman
  
Video     Audio

Lionel Smith – Common Law and Equity in the R3RUE
Adam Rigoni – The Defense that Shouldn't be in R3RUE
Anthony Duggan – "Equitable" Restitution in Insolvency
George Roach – Counter Restitution

3:00 P.M. Session IV - Restitution on the cutting edge
Moderator – Brandon Hasbrouck
  
Video     Audio

David Partlett & Russ Weaver – Restitution and the BP Oil Spill
Jim Rogers - Indeterminacy and the Law of Restitution
Candace Kovacic Fleischer – Marvinizing R3RUE and Cohabitants' Restitution

4:00 P.M. Closing Remarks – Andrew Kull

Registration

Online registration is open. Please contact Wendy Rice at ricew@wlu.edu with additional questions.

Travel and Lodging Information

We have reserved a block of  rooms at the Hampton Inn/Col Alto, 401 East Nelson St.,  Lexington, VA 24450. Please contact them at 540.463.2223 reserve your room for this event. 

Click here for comprehensive information on travel and lodging.

Symposium Participants

KEYNOTE SPEAKER
LANCE LIEBMAN is the William S. Beinecke Professor of Law at Columbia Law School and Director of the American Law Institute. Professor Liebman has had an impressive career, including: President, Harvard Law Review. Law clerk to Justice Byron White, U.S. Supreme Court, 1967-68. Assistant to the mayor, New York City, during the Lindsay administration, working on transportation and community issues, 1968-70. Joined the faculty of Harvard Law School in 1970 and was named full professor in 1976. Trustee, Yale University, 1971-83. Associate dean, Harvard Law School, 1981-84. Visiting Fulbright Professor of Law at Maharajah Sayajirao University, Baroda, India, 1984. Visiting lecturer, Tokyo University. Adviser, Japan Institute of Labor, 1990 and 1997. Dean and Lucy G. Moses Professor of Law, Columbia Law School, 1991-96. Visiting professor, Harvard-Fulbright School, Ho Chi Minh City, Vietnam, 1998; Hebrew University of Jerusalem, 1998; Director of the American Law Institute since 1999. Research and teaching interests are in employment law, telecommunications law, comparative U.S.-Japanese social welfare law, and property law.
SESSION I
JUSTICE JACK JACOBS, before his appointment as a Justice of the Delaware Supreme Court in 2003, Jack B. Jacobs served as Vice Chancellor of the Delaware Court of Chancery since October 1985, after having practiced corporate and business litigation in Wilmington, Delaware since 1968. Justice Jacobs holds an undergraduate degree from the University of Chicago (B.A., 1964, Phi Beta Kappa) and a law degree from Harvard University (LLB., 1967).
In addition to his judicial activities, Justice Jacobs serves as an Adjunct Professor of Law at the New York University School of Law, at the Widener University School of Law, and at the Columbia University School of Law (beginning 2009). Justice Jacobs is a member of the American Law Institute, where he serves as an Advisor to its Restatement (Third) of Restitution. He is also a member of the Delaware and American Bar Associations (where he served on the Committee on Corporate Laws of the ABA Business Law Section) and is a Fellow of the American Bar Foundation.
Justice Jacobs has participated in academic symposia and continuing legal education programs related to corporate and securities law sponsored by various law schools and Continuing Legal Education organizations, and has guest lectured at several American and foreign law schools. Justice Jacobs has served as Morrison & Foerster Lecturer at Stanford Law School (February 2008); Regent's Lecturer in Residence at the UCLA School of Law (January 2005); Distinguished Jurist Lecturer at the University of Pennsylvania Law School (March 2002); and as an invited guest speaker in various conferences, including those sponsored by the Asian Corporate Governance Association (Hong Kong, October 2003); the Korea Development Institute (Seoul, Korea, November 2004); the University of Tokyo (Japan, November 2005); the OECD (Stockholm, Sweden, March 2006); the Ministry of Economic Affairs (Amsterdam, Netherlands, April 2006); and the Australian Law Council (Sydney Australia, April 2008). He also serves as a member of the Board of Advisors of the Columbia Law School Center on Corporate Governance, and the Center for Corporate, Securities and Financial Law of Fordham Law School. Justice Jacobs has also authored (and co-authored) numerous law review articles addressing various aspects of corporation law, mergers and acquisitions and corporate governance.
MIKE TRAYNOR retired in 2008 from the law firm of Cooley Godward Kronish LLP, where he served as a partner in the San Francisco office for over 35 years. He engaged in a national litigation practice that included cases concerning intellectual property, the First Amendment, and internal corporate investigations. Before joining Cooley Godward, he served as a Deputy Attorney General of the State of California. He also served from time to time as a lecturer at the School of Law of the University of California at Berkeley.
Mr. Traynor received the outstanding lawyer award, named for John P. Frank, from the U.S. Court of Appeals for the Ninth Circuit. He is a life fellow of the American Bar Foundation and a fellow of the American Academy of Arts and Sciences.
President of the Bar Association of San Francisco in 1973, he also served as a member of the American Bar Association Task Force on Law Schools and the Profession and as a member of the ABA Commission on Multidisciplinary Practice. He is a member of the board of directors of the Lawyers Committee for Civil Rights Under Law, and was a member of the board of directors of the Environmental Law Institute and the board of overseers of the RAND Institute for Civil Justice, as well as a past chair and president of the Sierra Club (now EarthJustice) Legal Defense Fund.
Mr. Traynor received his undergraduate degree from the University of California at Berkeley and his J.D. from Harvard. A member of the Council since 1985, he has been the Institute's Chair of the Council since 2008. He previously served as President from 2002 to 2008, First Vice President from 1998 to 2002, and Second Vice President from 1993 to 1998.
LOUIS WOLCHER joined the University of Washington School of Law faculty in 1986, after nine years of law practice with the firm of Pettit & Martin, in San Francisco, and three years on the faculty of the Rutgers-Camden Law School, in New Jersey. His primary research interests lie in the fields of philosophy of law, legal and political theory, and human rights. Holding an undergraduate degree in history from Stanford University, he graduated magna cum laude from Harvard Law School in 1973, where he was an editor of the Harvard Law Review. In 1973-1974 he served as a law clerk to Bernard Levinson, a justice on the Hawaii Supreme Court. He has taught many different subjects, including contracts, torts, civil procedure, federal courts, antitrust, restitution, admiralty, human rights in philosophy and practice, critical perspectives on law, and philosophy of law. He also occasionally teaches a class on theories of justice to undergraduates in the University of Washington's Honors Program. A member of the editorial board of Law & Critique (Kluwer Academic Publishers), an international journal of legal theory, he also serves on the advisory board of the Slovenian Law Review (University of Ljubljana). His honors include a Fulbright Award to study and teach in Slovenia, an invitation to lecture to the judges of the European Court of Human Rights, in Strasbourg, France, and a philosophical prize in the 2000 International Essay Competition, co-sponsored by the city of Weimar and the European cultural magazine Lettre International.
Recognized by the students as Teacher of the Year in 1992 and 1999, he was given the University of Washington's Distinguished Teaching Award in 2005. Professor Wolcher has visited and lectured at a number of institutions around the world, including the Institute of Political Science and Management (Uzbekistan), the University of California, Hastings College of the Law (San Francisco), Birkbeck College (London), the University of Ljubljana (Slovenia), Kobe University (Japan), Osaka University (Japan), Mofid University (Iran), the University of Bergen (Norway), and the Irish Centre for Human Rights (Ireland).
The author of more than fifty articles, essays and book chapters, his most recent book, Law's Task: The Tragic Circle of Law, Justice and Human Suffering, was published in 2008 by Ashgate, and his book Beyond Transcendence in Law and Philosophy was published in 2005 by Routledge-Cavendish (Birkbeck Law Press). He was recently awarded the Fulbright-Tocqueville Distinguished Chair in American Studies for the fall semester of 2009 at University of Cergy-Pontoise School of Law, located near Paris, France.
PETER LINZER received his A.B. from Cornell University and his J.D. from Columbia Law School, where he was a Stone Scholar and an editor of the Columbia Law Review. Prior to entering academia, he practiced law both on Wall Street and as an Assistant Corporation Counsel for the City of New York. He joined the faculty of the University of Houston Law Center in 1983, after teaching at Cincinnati and Detroit-Mercy. He also visited at Washburn University's School of Law in 2004-05.

Linzer has written and taught both in contractual and constitutional law subjects. He has chaired the AALS Section on Contracts and published two editions of A Contracts Anthology (2d ed. 1995). He has just published Volume 6 of the Revised Edition of Corbin on Contracts (The Parol Evidence Rule, Implied Terms, Default Rules, and Good Faith)(2010).

A member of the American Law Institute since 1991, Professor Linzer was Editorial Reviser of the Restatement Second of Contracts and was an active participant in the Members' Consultative Groups on the Restatement Third of Restitution and Unjust Enrichment, Principles of the Law of Software Contracts, and revisions to Articles 1 and 2 of the Uniform Commercial Code. He has taken a strong position in favor of teaching the basic Contracts course transactionally, with emphasis on the lawyer as advisor, planner and drafter, and runs a Transactional Clinic in which students advise and write documents for small businesses. He previously created a course in International Contracting in which both American J.D. students and foreign lawyers studying for the LL. M. negotiated and drafted documents in simulated but complex international deals. Besides contracts, he teaches Constitutional Law, The First Amendment and Equal Protection. He is also a Texas Board Certified Civil Appellate Specialist.

He has had a particular interest in questions of the scope of restitution, and published an article in 2001 putting forth his views about what has been called "broad restitution," Peter Linzer, Rough Justice; A Theory of Restitution and Reliance, Contracts and Torts, 2001 Wis. L. Rev. 695.

DONNA HUFFMAN is a solo practitioner in private practice and civil mediator with Mediate It. She sits on the Kansas Board of Mortgage Professionals in her third year as co-chairperson of legislative affairs and serving previously in the area of education. She teaches continuing education classes for mortgage professionals including RESPA and TILA. Her expertise is in the area of mortgages spending 13 years as the managing broker at Home Quest Mortgage. She holds designations as a Certified Mortgage Consultant and Certified Residential Mortgage Specialist. She received her JD from Washburn School of Law.
SESSION II
DOUGLAS LAYCOCK is one of the nation's leading authorities on the law of remedies and also on the law of religious liberty.
Before joining Virginia's faculty in 2010, Laycock served as the Yale Kamisar Collegiate Professor of Law at the University of Michigan Law School. Prior to that he taught for 25 years at the University of Texas and for five years at the University of Chicago.
Laycock has testified frequently before Congress and has argued many cases in the courts, including the U.S. Supreme Court. He is the author of the leading casebook Modern American Remedies; the award-winning monograph The Death of the Irreparable Injury Rule; and many articles in the leading law reviews. He has co-edited a collection of essays, Same-Sex Marriage and Religious Liberty, and he recently published Religious Liberty, Volume I: Overviews and History, the first of a four-volume collection of his many writings on religious liberty. He is vice president of the American Law Institute, a fellow of the American Academy of Arts and Sciences, and the 2009 winner of the National First Freedom Award from the Council on America's First Freedom.
JOSEPH PERILLO is a Distinguished Professor of Law, Emeritus at Fordham University School of Law. He was in Private practice from 1957-60 before joining the Fordham faculty in 1963. While at Fordham, he was the Director of the Louis Stein Institute on Law and Ethics. He is also an active writer of numerous works on Contracts and Comparative Law, including co-authoring and supervising the revised edition of the multi-volume treatise Corbin on Contracts and The Law of Contracts, now on it's 5th edition.
CAPRICE ROBERTS is a Professor of Law at West Virginia University. She teaches courses in Contracts, Federal Courts, Remedies, and Postmodern Jurisprudence and has also served as the Associate Dean of Faculty Research & Development. Professor Roberts is a co-author of casebooks in Federal Courts and Remedies and has published numerous articles in both areas in such journals as Lewis & Clark, Tennessee, Villanova, Cincinnati, Rutgers, and Washington & Lee. She is the Chair of the AALS Remedies Section and an elected member of the American Law Institute. She has garnered awards for both her teaching and scholarship. Before entering the academy, Professor Roberts practiced government enforcement litigation with Skadden Arps and served as a law clerk for judges on the federal appellate court and the federal district court.
DAVID CAMPBELL was educated at Cardiff University (BSc(Econ) 1980), the University of Michigan School of Law, USA (LLM 1985), and the University of Edinburgh (PhD 1985). He is a Fellow of the Chartered Institute of Arbitrators. Since 1985, he has taught at a number of British universities and in Australia, Hong Kong, New Zealand, the USA and Spain.
He has written on a wide range of legal and social scientific issues. His principal recent publications are The Implicit Dimensions of Contract (with H Collins and J Wightman, eds 2003), Remedies in Contract and Tort (with D Harris and R Halson 2002), and an edited collection of the works of Ian Macneil: IR Macneil, The Relational Theory of Contract, ed D Campbell (2001). His main current research interests are in remedies for non-performance of contractual obligations and in regulatory theory, and particularly in the development of a 'non-Chicagoan' law and economics of these subjects. He is currently working on a book on Coase's critique of intervention.
He is currently a Professor of International Business Law at the School of Law, University of Leeds, UK.
VICTOR GOLDBERG, on the faculty of Northwestern University Law School, 1983-88; taught economics at the University of California (Davis), 1967-83, with visiting appointments at the University of Virginia, University of California (Berkeley) Law School, Washington University (St. Louis), and Columbia. Joined the Columbia faculty in 1988. Fellow, the Center for the Study of Public Choice, 1975-76; member, the Institute for Advanced Study, 1978-79; and law and economics fellow at the University of Chicago, 1984. Publications include Readings in the Economics of Contract Law (ed., 1988) and numerous articles on law and economics issues. Areas of interest are law and economics, antitrust, regulation, and contracts.
ALEXANDER STREMITZER has been appointed to the chair of Law and Economics at the University of Bonn and is currently and Academic Guest at ETH Zurich and an Associate Research Scholar at Yale Law School. He previously held positions as Visiting Assistant Professor at Yale Law School, in Yale University's Economics Department and at Columbia University's Center for Contracts and Economic Organization. His research and teaching interests include contract theory, law and economics, and comparative law and his work has been published in several journals including the Journal of Law, Economics, and Organization, The Journal of Institutional and Theoretical Economics, and The Yale Law Journal. Professor Stremitzer is a graduate of the University of Vienna, the Vienna University of Economics and Business Administration, and HEC-Paris
LUNCH CONVERSATION
ANDREW KULL is the nation's leading expert in the area of Restitution. Since 1997 he has been the reporter for the Third Restatement of Restitution and Unjust Enrichment (The American Law Institute) and, since 1994, has been the U.S. Regional Editor of the Restitution Law Review. He is also a well-known Constitutional historian. His book, The Color-Blind Constitution, published in 1992, won the Silver Gavel Award. In addition, Professor Kull has written numerous articles and reviews. Prior to joining the Boston University School of Law faculty, Professor Kull was the Robert T. Thompson Professor of Law at Emory University.
SESSION III
LIONEL SMITH is James McGill Professor of Law and Director of the Quebec Research Centre of Private and Comparative Law. His research and teaching focus on private law, in particular the law of trusts and unjust enrichment. He was a law clerk to Mr. Justice John Sopinka at the Supreme Court of Canada and conducted his doctoral research at Oxford under the supervision of Professor Peter Birks. He taught law at the University of Alberta (1991-1992; 1994-1996) and Oxford University (1996-2000) before joining McGill University in 2000.
He is the author of The Law of Tracing (Oxford University Press, 1997), and a co-author of Waters' Law of Trusts in Canada, 3rd ed. (Carswell, 2005). He is a co-author and the English reporter of Commercial Trusts in European Private Law (Cambridge University Press, 2005; paperback, 2009). He is a contributor to Canadian Corporate Law: Cases, Notes and Materials, 4th ed. (Butterworths, 2010), Oosterhoff on Trusts: Text, Commentary and Materials, 7th ed. (Carswell, 2009), and The Law of Restitution in Canada: Cases, Notes and Materials (Emond Montgomery, 2004). He is also the author of numerous articles, book chapters, notes and reviews.
He is a non-practising member of the Bar of Alberta, and a member of the International Academy of Estate and Trust Law and of the American Law Institute.
ADAM RIGONI is a Graduate Student at the University of Michigan Department of Philosophy. He is originally from Michigan's Upper Peninsula, where he taught children how to ski. He graduated with a BA in philosophy and political science from the University of Michigan. His thesis focused on proper names in discourse representation theory. In addition to graduate work in philosophy, he is pursuing a J.D. at the University of Michigan Law School. His research interests are primarily philosophy of language, logic, legal philosophy, and early analytic philosophy.
When he is not busy enrolling in academic programs at U of M, Adam enjoys being unhealthily obsessed with college and professional sports, especially basketball, football, and golf. He also enjoys listening to Metallica and various other thrash metal bands.
ANTHONY DUGGAN holds the Hon. Frank H. Iacobucci Chair in Capital Markets Regulation in the Faculty of Law at the University of Toronto. He is also a Professorial Fellow in the Faculty of Law at the University of Melbourne. He has doctoral and undergraduate degrees in law from Melbourne, and a master's degree in law from Toronto. Prior to his appointment at the University of Toronto, he held the Henry Bournes Higgins Chair in Law at Monash University, Victoria. He was Associate Dean at the University of Toronto from 2002-2004.
Professor Duggan currently teaches secured transactions, bankruptcy law and trusts. He has published widely in these areas and also in the areas of contract law, consumer credit and consumer protection. He has authored, co-authored and edited numerous books, including Consumer Credit Law, Contractual Non-Disclosure: An Applied Study in Modern Contract Theory, and Canadian Bankruptcy and Insolvency Law: Bill C-55, Statute c.47 and Beyond.
  GEORGE ROACH has more than 25 years of business experience in financial analysis, valuation and business management. He worked for Drexel Burnham Lambert for seven years as an investment banker: two years in bankruptcy/workout and five years in corporate finance. He also managed a family business for more than fourteen years. As a licensed attorney, he has concentrated in creditors' rights law.
As a litigation consultant, Mr. Roach has operated his own practice and, for more than three years, directed an in-house consulting group, consisting of fourteen consultants and thirty five support staff, which managed the case facts and damage analysis for a Dallas law firm specializing in complex commercial litigation. As an in-house consultant and an independent litigation consultant, Mr. Roach has addressed a broad range of damage and valuation issues across a variety of businesses, including hospitality, telecommunications, securities transactions, and retail.
Mr. Roach's consulting approach combines his business and financial experience with his education and experience in remedies and damages law, interfacing between liability theories, case facts and legal theory and business fact. Over the last five years, he has written nine articles on a broad range of subjects, including fraudulent transfer analyses, business valuation and business consequential damages.
Mr. Roach received his MBA from Harvard University in 1975 (high honors), J.D. from the University of Texas in 1993 (honors) and an A.B. in economics from the University of California at Davis in 1973 (high honors).
SESSION IV
DAVID PARTLETT assumed the deanship of Emory Law on July 1, 2006. He holds the academic position of Asa Griggs Candler Professor of Law. Dean Partlett previously served as vice president, dean and professor of law at Washington and Lee University School of Law for six years. He joined the faculty of the Vanderbilt University Law School in 1987. He was a fellow in the Institute for Public Policy Studies and was acting dean from 1996-1997. Dean Partlett held positions in the Australian government as a senior legal officer for the Commonwealth Attorney-General's Department in Canberra, where he was responsible for policy advice on the Racial Discrimination Act and other related human rights and racial discrimination legislation. He later was appointed to the Australian Law Reform Commission.
From 1978-1987, Dean Partlett was a member of the faculty of the Australian National University, and he served as associate dean from 1982-1985. He is a member of the American Law Institute, the American Society of Law and Medicine and the Selden Society. He currently teaches torts and has taught courses on torts, judicial remedies and professional liability. He has written books on torts, defamation and free speech, child mental health and medical malpractice.
A native of Australia, Dean Partlett earned his LLB degree from the University of Sydney School of Law in 1970, an LLM from the University of Michigan Law School in 1974 and an SJD. from the University of Virginia School of Law in 1982. He remains an active scholar, with recent work focused on tort law, as well as defamation and free speech, child mental health and tort theory.
RUSS WEAVER graduated cum laude from the University of Missouri School of Law in 1978. He was a member of the Missouri Law Review, was elected to the Order of the Coif, and won the Judge Roy Harper Prize. After law school, Professor Weaver was associated with Watson, Ess, Marshall & Enggas in Kansas City, Missouri, and worked for the U.S. Department of Energy's Office of General Counsel in Washington, D.C.
Professor Weaver began teaching at the Louis D. Brandeis School of Law in 1982, and holds the rank of Professor of Law and Distinguished University Scholar. He teaches Constitutional Law, Advanced Constitutional Law, Remedies, Administrative Law, Criminal Law, and Criminal Procedure. He has received the Brandeis School of Law's awards for teaching, scholarship, and service, including the Brown Todd & Heyburn Fellowship. He has been awarded the President's Award (University of Louisville) for Outstanding Research, Scholarship and Creative Activity in the Field of Social Science, the President's Award for Outstanding Research, Scholarship and Creative Activity in the Career Achievement Category, and the President's Award for Distinguished Service. He is the Executive Director and past president of the Southeastern Conference of the Association of American Law Schools. He is an Honorary Associate of Macquarie University (Sydney, Australia).
Professor Weaver is a prolific author who has written dozens of books and articles over the last twenty-five years. He was named the Judge Spurgeon Bell Distinguished Visiting Professor at South Texas College of Law (affiliated with Texas A & M University) during the 1998-99 academic year, and he held the Herbert Herff Chair of Excellence at the Cecil C. Humphreys School of Law, University of Memphis, during 1992-93. In addition, he has been asked to speak at law schools and conferences around the world, and has been a visiting professor at law schools in France, England, Germany, Japan, Australia and Canada.
Professor Weaver is particularly noted for his work in the constitutional law area. He has served as a consultant to the constitutional drafting commissions of Belarus and Kyrghyzstan and as a commentator on the Russian Constitution. His constitutional law writings have focused on free speech issues, particularly those relating to the U.S. Supreme Court's landmark decision in N.Y. Times Co. v. Sullivan, and include a constitutional law case-book and two anthologies (The First Amendment Anthology and The Constitutional Law Anthology). He has a First Amendment casebook in progress.
Professor Weaver is also noted for his writings on legal education and his work in the administrative law area. In 1992 and 1993, he served as a consultant to the Administrative Conference of the United States. His writings have focused on agency interpretations of statutes and regulations, and he is co-author of one of the leading administrative law casebooks.
Professor Weaver has served on many community and professional committees. He served on the Louisville Bar Association's (LBA) Professional Responsibility Committee, and as Chair of the Association of American Law Schools' (AALS) Criminal Justice Section and serves on the AALS Planning Committee for the New Law Teacher's Workshop. He has also served on the American Civil Liberties Union of Kentucky's Legal Panel and Board of Directors.
JIM ROGERS, Professor of Law, received his A.B. summa cum laude from the University of Pennsylvania, 1973, and a J.D. magna cum laude from Harvard Law School, 1976. He has taught commercial law, contracts, bankruptcy, corporations, restitution, and constitutional law. He is the author of various works on modern commercial law and bankruptcy, particularly in the field of negotiable instruments law and concepts, and several articles and a book on the history of Anglo-American commercial law of bills and notes.
Professor Rogers has participated in recent projects to revise the American Uniform Commercial Code. Professor Rogers served as Reporter (principal drafter) for the Drafting Committee to Revise UCC Article 8, which establishes a new framework for the analysis of securities holdings through central depositories and other intermediaries. He was also involved in the project on negotiable instruments (UCC Articles 3 and 4) and the project on secured transactions (UCC Articles 9). He has spoken at numerous conferences and programs, in the United States and abroad, on the modernization of the commercial law foundation of the securities clearance and settlement system.
Professor Rogers' has recently worked on various projects focused on efforts toward harmonization of international law and choice of law principles with respect to the complex modern system of securities holding through central securities depositories and other intermediaries. He served as a United States Delegate (appointed by U.S. Department of State) to the Hague Conference on Private International Law on a project to negotiate and draft Convention on Choice of Law for Securities Holding Through Securities Intermediaries, and he also served as a member of Drafting Group for that Convention.
Professor Rogers' most recent work has focused on the modern law of payment systems and the role of history in the development of that law.
CANDACE KOVACIC-FLEISCHER has taught at the Washington College of Law of American University since 1981 (with the exception of a visiting professorship at the University of California at Los Angeles School of Law in 1988). At Washington College of Law, Professor Kovacic-Fleischer's teaching has been rewarded with the University Faculty Award for Outstanding Teaching in 1987 and the Part-time Student Award for Outstanding Teaching in 1994. Her current fields of teaching and scholarship include Contracts, Remedies, Restitution, Sex-based Discrimination, and Work, Family and Equality. Most recently, she co-authored Equitable Remedies, Restitution and Damages (5th ed., 1994; 6th ed., 2000; 7th ed., 2005). The 7th ed. won WCL's Egon Guttman Casebook Award.
Three articles, "Litigating Against Employment Penalties for Pregnancy, Breastfeeding and Childcare," in Villanova Law Review (1999), "United States v. Virginia's New Gender Equal Protection Analysis with Ramifications for Pregnancy, Parenting, and Title VII," in Vanderbilt Law Review (1997), and "Applying Restitution to Remedy a Discriminatory Denial of Partnership," in Syracuse Law Review (1983), won Washington College of Law's Pauline Ruyle Moore Scholar award for excellence in their year of publication. In addition, she has published a number of articles, including "Comparing Remedies for School Desegregation and Employment Discrimination: Can Employers Now Help Schools?" in San Diego Law Review (Fall 2004), "Restitution in Public Concern Cases," Loyola of Los Angeles Law Review (Winter 2003), and "Teaching Restitution," in Brandeis Law Review (Spring 2001).
She also contributed to compilations including The Oxford Companion to American Law (2002), The Encyclopedia of the American Constitution (2000), Commercial Damages (1988, updated through 1996), and most recently, to The Encyclopedia of American Civil Liberties (2006). Professor Kovacic-Fleischer is currently active in the American Law Institute as part of the Restatement of the Law, Third — Restitution & Unjust Enrichment Consultative Group. In the past, she has served as a court appointed mediator for the U.S. Court of Appeals for the District of Columbia Circuit. She also has served as Chair of the Remedies Section of the Association of American Law Schools.
Before joining the faculty of Washington College of Law, Professor Kovacic-Fleischer served as law clerk for The Honorable Warren E. Burger, Chief Justice of the United States Supreme Court, and for the Honorable James L. Oakes, Judge of the United States Court of Appeals for the Second Circuit. She practiced law in Washington, D.C. as an associate of Cole and Groner and Wilmer, Cutler, and Pickering. Her degrees are an A.B. from Wellesley College, and J.D. from Northeastern University School of Law. She worked as a consultant for Abt Associates in Cambridge, Massachusetts for two years between college and law school.

Conference Papers

Call for Papers

With the accolades at last month's American Law Institute meeting ringing in its ears, Restatement (Third) of Restitution and Unjust Enrichment (R3RUE) reached final form, subject only to conforming and editorial changes. This splendid achievement for the ALI, Reporter Andrew Kull, and all who assisted is now ready to face the curiosity and candor of the legal profession. In aid of that we issue this Call for Papers.

The Frances Lewis Law Center, the Washington and Lee Law Review, and the American Law Institute are delighted to sponsor a conference, Restitution Rollout: Restatement (Third) of Restitution and Unjust Enrichment, on February 25, 2011. Reporter Andrew Kull and ALI Director Lance Liebman will introduce R3RUE. The Washington and Lee Law Review will publish a R3RUE symposium issue featuring the conference papers.

The sponsors' goal is to encourage and recognize excellent legal scholarship on R3RUE and restitution. To advance their goal, the sponsors invite lawyers, judges, and scholars to submit papers on the brand-new restatement. A paper may praise or criticize the whole restatement or any particular section of it.

An author should submit his or her manuscript for consideration before November 1, 2010. Papers specifying the Conference may be mailed to the Washington and Lee Law Review or sent electronically to lgearheart@wlu.edu. The Washington and Lee Law Review Articles Editors and Professor Doug Rendleman will review the papers. Selected authors will be notified before December 1, 2010.

The authors will present their selected papers at the February 25 Restitution Rollout conference. The selected papers will be published later in 2011 in a symposium edition of the Washington and Lee Law Review. The sponsors will be pleased to reimburse each selected author's travel expenses and pay each an honorarium of $1000.

Even if you will not be able to submit a paper, the sponsors invite you to attend the Restitution Rollout conference. There will be no charge for attending the conference. The selected papers will be available on the Restitution Rollout Conference website as well as in paper form for those who attend. The Frances Lewis Law Center is a licensed Virginia Continuing Legal Education provider which will supply six hours of Virginia CLE credit for those attending. The conference website is http://law.wlu.edu/restitution. A detailed brochure will be available later.

Josh Fairfield
Director - Frances Lewis Law Center