Recent Scholarship and Service

Reports of Cases in the Court of Chancery in the Time of King James II (2015).
Access to Justice Planning Committee, Supreme Court of Virginia (2013-present)
Relay for Life Team, American Cancer Society
Pro Bono Attorney, Central Virginia Legal Aid Society
Board of Directors, Greater Richmond Bar Foundation (2009-present)
Board of Directors and Donor Relations Committee Chair, YWCA of Greater Richmond (2008-present)
Awards Committee Chair, Pro Bono and Public Service Opportunities Section, Association of American Law Schools (2009-present)
Experiential Learning Work Group, Public Services Section, National Association for Law Placement (2008-present)
Former Chair of Public Service Committee and former Chair of Membership Committee, Metropolitan Richmond Women's Bar Association (2000-present)
Chair of Administration of Justice Committee, Former Chair of Pro Bono Services Committee, Richmond Bar Association (2000-present)

Commentary for Price Waterhouse v. Hopkins in Feminist Judgments: Rewritten Opinions of the United States Supreme Court (Kathryn Stanchi, et al., eds.) (Cambridge University Press, anticipated 2015).

Editor, Education & Practice (Virginia State Bar) (Biannual publication, September 2011-present).

The McDonnell Trial: A Clarification of Corruption Law or A Confused Application of Corruption Law, 48 U. Rich. L. Rev. ___ (forthcoming 2015).

The President As Spiritual Leader: Pardons, Forgiveness, Mercy and Justice, in Frontiers in Spiritual Leadership (Scott Allison, Craig Kocher & George Goethals eds.) (Palgrave forthcoming).

The Problems Inherent in Litigating Employer Free Exercise Rights, ___ Colo. L. Rev. ___ (forthcoming 2015).

Is Patent Claim Interpretation Deference or Correction Driven?, 2014 BYU L. Rev. __ (forthcoming 2015).

Should Your Law Review Article Have an Abstract and Table of Contents?, 83 Miss. L. J. ___ (forthcoming 2015) (with Lee Petherbridge).

Empirical Analysis of Patent Validity, in Research Handbooks on the Economics of Intellectual Property Law (2015) (with Ronald Mann).

Amicus Curiae Brief of Interested Energy Law Scholars in Support of the Petitioners (FERC v. Electric Power Supply Association, U.S. Supreme Court); co-author, with Richard J. Pierce Jr., Emily Hammond, Jim Rossi.

Demand-Side Programs in Wholesale Electricity Markets, in Delivering Energy Policy in the EU and the US: A Multi-Disciplinary Reader (Edinburgh Univ. Press forthcoming 2015).

Linking Legal Framework Design And Consumer Acceptance of the Smart Grid to Risk Theory, in Smart Grid Law and Policy (Seoul National University, Seoul, Korea forthcoming 2015) (with Emily Hammond).

Energy, Economics and the Environment: Cases and Materials (co-lead editor) (2015).

Mitigation of Climate Impacts in the Electricity Sector, in Research Handbook on Climate Change Mitigation Law (Edward Elgar Publishing 2015).

Panelist, "Bucerius Energy Day," Bucerius Law School, Hamburg, Germany (September 2015)
Panelist, "The Federal Power Act in the 21st Century," Harvard Law School Environmental Law Program and Duke Nicholas Institute, Washington. D.C. (June 2015)

Core Commercial Law Concepts (forthcoming).

Bankruptcy (West 4th ed 2015) (with Bruce Markell, Lawrence Ponoroff, & Steve Nickles).

Business Structures (West 4th ed  2015) (with Rich Freer, Mike Roberts & George Shepherd).

Death Penalty Drugs and the International Moral Marketplace, 103 Geo. L.J. (forthcoming 2015) (with Corinna Lain).

Challenges and Recusal of Arbitrators and Judges in International Courts and Tribunals (C. Giorgetti ed., Brill Nijhoff 2015).

Cross-Fertilisation Of Procedural Law Amongst International Courts And Tribunals: Methods And Meanings, in Procedural Fairness in International Courts and Tribunals (Arman Sarvarian, Rudy Baker, Filippo Fontanelli, Vassilis Tsevelekos, and Andraz Zidar, Eds.) (The British Institute of International and Comparative Law, forthcoming 2015)

The Challenge and Recusal of Judges of the International Court of Justice, in Challenges and Recusal of Arbitrators and Judges In International Courts and Tribunals (C. Giorgetti ed., Brill Nijhoff 2015).

International Decisions: The Yukos Arbitrations (Hulley Enterprises Limited (Cyprus) v. The Russian Federation, Yukos Universal Limited (Isle of Man) v. The Russian Federation, Veteran Petroleum Limited (Cyprus) v. The Russian Federation, 109 Am. J. Int’l L. 387 (2015).

Review, Robert Kolb, The International Court of Justice (Hart Publishing 2013), 109 Am. J. Inter’l L. 246 (2015).

Horizontal and Vertical Relationships of International Courts and Tribunals - How Do We Address Their Competing Jurisdiction? 30 ICSID Rev. – Foreign Investment L.J. 98 (2015).

Childcare Market Failure, __ Utah L. Rev. __ (forthcoming 2015).

Nudging Parents, __ J. Gender Race & Just. __ (forthcoming 2015).

Panelist, "The Role of Gender in Legal Education," Southeastern Association of Law Schools, Florida, 2015

Working with Cancer: How the Law Can Help Survivors Maintain Employment, 90 Wash. L. Rev. __ (forthcoming 2015).

Cultural Determinants of Workplace Arbitration in the United States and Italy, 23 Tul. J. Int’l & Comp. L. 37 (2014) (with Maurizio Del Conte).

Death Penalty Drugs and the International Moral Marketplace, 103 Geo. L.J. (forthcoming 2015) (with James Gibson).
The Politics of Botched Executions,  49 U of Rich. L. Rev. 825 (2015)

God, Civic Virtue, and the American Way: Reconstructing Engel, 67 Stan. L. Rev. 479 (2015)

The Highs and Lows of Wild Justice, 50 Tulsa L. Rev. 503 (2015).
Panelist, "Supreme Court Transparency" and "Libraries Adding Value: The Potential of the 22nd Century Library," Southeastern Association of Law Schools, Florida (2015)
Rosholushion,Tikkun Daily, Sept. 17, 2015.
Jewish Law as Invitation, Balkinization, Aug. 19, 2015.
Scholarship Against Desire, 27 Yale J.L. & Human. 115 (2015).
Presenter, "Patent Reform Update: Studying the Studies on Patent Litigation," The Federalist Society, Washington, D.C. (April 2015)

How the Federal Cause of Action Relates to Rights, Remedies and Jurisdiction, __ Fla. L. Rev. __ (forthcoming 2015).

Speaker, "We Are Always Team Teaching," Legal Ed Igniting Law Teaching Conference, 2015

The Enhancement of Law School Education through Incorporation of Elements of Bar Exam Preparation, ___ J. Legal. Educ. ___ (forthcoming 2015).

Panelist, "Innovations in Academic Support and the Take-Away for Law School Pedagogy," Southeastern Association of Law Schools, Florida (2015)

Disrupting Education Federalism, 92 Wash. U. L. Rev. 959 (2015).

Andy Spalding answers the call of nature. FCPA Blog (August 2015).

Bribery’s Victims, in Corruption, Business Law, and Business Ethics (University of Chicago Press forthcoming 2015).

Deconstructing Duty-Free:  Investor-State Arbitration as Private Anti-Bribery Enforcement, __ U.C. Davis L. Rev.__ (forthcoming 2015).

From the 2014 World Cup to the 2016 Olympics:  Brazil’s Role in the Global Anti-Corruption Movement, 21 Sw. J. Int’l L. __,” (forthcoming 2015) (with Patrick Barr, Albert Flores, Shaun Freiman, Kat Gavin, Tyler Klink, Carter Nichols, Ann Reid, and Rina Van Orden).

Rio 2016 and the Birth of Brazilian Transparency, in Corruption and International Sport (Transparency International ed. forthcoming 2015) (with Patrick Barr, Albert Flores, Shaun Freiman, Kat Gavin, Tyler Klink, Carter Nichols, Ann Reid, and Rina Van Orden).

Restorative Justice for Multinational Corporations, 76 Ohio St. L.J. _ (forthcoming 2015).

Freedom from Official Corruption as a Human Right, Brookings Institution White Paper; co-authored with Matthew Murray, U.S. Department of Commerce (2015).

Panelist, "New Scholars Colloquia on International Law," Southeastern Association of Law Schools, 2015
Speaker, "Are You Happy Now: Stimulating Student Reflection on Professional Fulfillment," Legal Ed Igniting Law Teaching Conference, 2015

A Demographic History of Federal Judicial Appointments by Gender and Race: 1789-2011, 25 Berkeley La Raza L.J. ___ (forthcoming 2015).

Modern “Sappers and Miners”: The Roberts Court and the Civil Rights Act of 1964, ___ U. Rich. J. L. & Pub. Int. ___ (forthcoming 2015).

Family Law/Domestic Relations

Virginia Practice Series: Family Law: Theory, Practice, and Forms (West rev. ed. 2015) (with James Cottrell and Lawrence Diehl).

“Why Won’t Homeowners Insurance Cover My Loss?”: Reassessing Property Insurance Concurrent Causation Coverage Disputes, 88 Tulane L. Rev. 515 (2014) (reprinted in 64 Def. L.J. 1 (2015)).

Family Law/Domestic Relations

“I Now Pronounce You Husband and Wives”: The Case for Polygamous Marriage After United States v. Windsor and Burwell v. Hobby Lobby Stores, 29 BYU J. Pub. L. 299 (2015).

Divorce Equality, 90 Wash. L. Rev. ___ (2015).

The Secret Economy of Charitable Giving, 95 B.U. L. Rev. ___ (2015).

Publicity Rules for Public Trusts, 33 Cardozo Arts & Ent. L. J. ___ (2015).

“Divorce Equality.” Presented at the Law and Society Conference; Seattle, WA (May 2015); Emerging Family Law Scholars Conference; Orlando, FL (June 2015); AALS Mid-Year Meeting: The Shifting Foundations of Family Law; Orlando, FL (June 2015)

“Publicity Rules for Public Trusts.” Presented at 18th Annual Conference for the Association of the Study of Law, Culture and the Humanities; Washington D.C. (March 2015)

“Rejecting Amphibious Women and Great Estates.” Presented at the “Consent in Early America” conference; Oxford, England (March 2015)

Particpated in a workshop at Yale regarding new federal clemency petition guidelines (crack/powder sentencing disparities).

Filling the Federal Appellate Court Vacancies, 17 U. Pa. J. Const. L. __ (forthcoming 2015).

The Republican Senate and Regular Order, 101 Iowa L. Rev. Bull. __ (forthcoming 2015).

Filling the D.C. Circuit Vacancies, 91 Indiana L.J. __ (forthcoming 2015).

Judicial Selection in Congress’ Lame Duck Session, 90 Ind. L.J. Supp. 52 (2015).

Judicial Selection in Congress’ Lame Duck Session, 90 Ind. L.J. Supp. 52 (2015).

Marriage Equality Comes to Virginia, 49 U. Rich. L. Rev. 1193 (2015).

Considering Patricia Millett for the D.C. Circuit, 4 Wake Forest L. Rev. Online 11 (2014). [Journal]

Addressing Three Problems in Commentary on Catholics at the Supreme Court by Reference to Three Decades of Catholic Bishops’ Amicus Briefs, 26 Stan. L. & Pol’y Rev. __ (forthcoming 2015).

In the Beginning There Was None, __ Notre Dame L. Rev. __ (forthcoming 2015).

Judge Posner, Judge Wilkinson, and Judicial Critique of Constitutional Theory, ___ Notre Dame L. Rev. ___ (2015).