CLARK D. CUNNINGHAM
Comparative Law
www.ClarkCunningham.org


EMPLOYMENT:

 

GEORGIA STATE UNIVERSITY COLLEGE OF LAW. Atlanta, Georgia. Professor of Law and W. Lee Burge Chair in Law & Ethics. (6/02 - present). Courses: Judicial Power; The Future of Legal Education: Comparative Perspectives.


WASHINGTON UNIVERSITY SCHOOL OF LAW. St. Louis, Missouri. Associate Professor (7/89-6/93); Professor (7/93-5/02). Israel Treiman Research Fellow (1999-2000). Courses: Comparative Constitutional Law.

1986 INDO-AMERICAN FELLOWSHIP PROGRAM. New Delhi, India. Three month fellowship as a visiting scholar at the Indian Law Institute doing comparative research on public interest litigation.



PUBLICATIONS:

 

Law School of the Future: Centre of Cutting-Edge Practice?, The Law of the Future and the Future of Law: Volume II (Sam Muller, Stavros Zouridis, Morly Frishman & Laura Kistemaker eds. Torkel Opsahl Academic, The Hague) (2012).

 

"Legal Education After Law School: Lessons from Scotland & England," 33 Fordham Urban Law Journal 193 - 209 (2005) (special symposium issue on Professional Challenges in Large Firm Practice).

"After the Grutter Decision Things Get Interesting! The American Debate over Affirmative Action Is Finally Ready for Some Fresh Ideas from Abroad," 36 Connecticut Law Review 665 - 76 (2004)

 

"Lessons on Affirmative Action from India," 1 The Subcontinental: A Journal of South Asian American Political Identity 51-56 (Summer 2003) (Special Issue on Affirmative Action).

 

"Specialty Certification as an Incentive for Increased Professionalism: Lessons from Other Disciplines and Countries," 54 South Carolina Law Review 987- 1009 (2003) (co-authored with Adrian Evans).

 

"The World's Most Powerful Court: Finding the Roots of India's Public Interest Litigation Revolution in the Hussainara Khatoon Prisoners Case," in Liberty, Equality and Justice : Struggles for a New Social Order 83-96 (S.P Sathe ed.) (2003).

 

"Passing Strict Scrutiny: Using Social Science to Design Affirmative Action Programs," 90 Georgetown Law Journal 835-82 (2002) (with Glenn C. Loury & John David Skrentny).

 

"Affirmative Action: Comparative Policies and Controversies," International Encyclopedia of the Social and Behavioral Sciences 210 -214 (2002).

 

"Affirmative Action: India's Example," 4 Civil Rights Journal 22-27 (Fall 1999).

 

"Race, Class, Caste ...? Rethinking Affirmative Action," 97 Michigan Law Review 1296-1310 (1999) (with N.R. Madhava Menon) (published with a reply by Cass Sunstein).

 

"Rethinking Equality in the Global Society," 75 Washington University Law Quarterly 1561-1676 (1997) (transcribed conference proceedings) (edited entire transcript; authored opening and closing plenary speeches, id. at 1579, 1672).

 

"Why American Lawyers Should Go to India: Retracing Galanter's Intellectual Odyssey," 16 Law & Social Inquiry (Research Journal of the American Bar Foundation) 777-808 (1991).

 

"Public Interest Litigation in the Supreme Court of India: A Study in Light of the American Experience," 29 Journal of the Indian Law Institute 494-523 (1987).

 

Legal Ethics in a Gandhian Perspective. (First Gandhi Memorial Lecture: Gandhi-In-Action International) New Delhi, India. l987. Reprinted in R. P. Misra, The Gandhian Model of Development and World Peace (1989).



SCHOLARLY AND PROFESSIONAL PRESENTATIONS:

"Public Interest Litigation in India," presented at 8th Worldwide Conference of the Global Alliance for Justice Education, Turkey, July 2015.

“Lessons from Gandhi on Professional Responsibility,” presented January 13, 2015, Workshop on Consumer Protection and Public Interest Advocacy, National Law School of India University, Mangalore, India.

 

“Kapila Hingorani: India’s First Public Interest Lawyer,” presented January 11, 2015, First Kapila Hingorani Memorial Lecture, Nehru Memorial Museum and Library, New Delhi, India.

 

“Courage: Operationalizing Research on Virtue Ethics and Moral Development for Professional Education,” presented January 7, 2015, Varieties of Virtue Ethics Conference, Oriel College, University of Oxford, UK.

 

Workshop on Moral Courage, Opening Speaker, Teach Legal Ethics UK, The City Law School, London, England, July 12, 2013.

 

Convivium on Education, Professionalism and the Academy, invited participant, supported by a grant from the United Kingdom Higher Education Academy, Papa Westray, Scotland, July 1-5, 2013.

 

Lead Presenter, National Conference on Transforming Legal Education, Nigerian Law School, Nigeria, May 5 -10, 2013.

 

"Does Legal Education Need to Give Higher Priority to Teaching Ethics and Professional Judgment? If So, What Can Be the Role for Professional Bodies and Regulatory Bodies?", organized and co-chaired session on October 5, 2012 at the Annual Conference of the International Bar Association, co-sposored by the Academic & Professional Development Committee, Professional Ethics Committee, and Bar Issues Commission, Dublin, Ireland.

 

"Where Will the New Law Jobs Be?", organized session on October 4, 2012 at the Annual Conference of the International Bar Association, co-sposored by the Academic & Professional Development Committee, Young Lawyers Committee, and Senior Lawyers Committee, Dublin, Ireland.

 

"Open-access resource designed for teaching ethics and professionalism," co-presented with Professor Nigel Duncan on July 14, 2012, at the Fifth International Legal Ethics Conference, Banff, Alberta, Canada.

“A Case That Changed History - Gandhi as Commercial Litigator,” presented February 9, 2012, New Foundations for Legal Process and Lawyers' Ethics: Australia New Zealand Legal Ethics Colloquium, University of Otago, Dunedin, New Zealand.

 

"Anti-Money Laundering, Ethics and Professional Judgment: A Teaching Exercise," presented November 2, 2011, Annual Conference of the International Bar Association, Dubai (Joint Session of the Academic & Professional Development Committee and the Anti-Money Laundering Legislation Implementation Working Group).

 

"Anti-Money Laundering, Ethics and Professional Judgment: A Teaching Exercise," presented October 29, 2011, Teaching Ethics in the Law Curriculum, The City Law, City University London. Also served as co-organizer of the workshop.

 

"The OPM Teaching Exercise," presented October 20, 2011, Canadian Association for Legal Ethics, University of New Brunswick Faculty of Law.

 

"When and How Legal Ethics Should be Taught," presented January 29, 2011 at the Fourth Learning in Law Annual Conference, sponsored by the United Kingdom Centre for Legal Education and held at the Warwick University School of Law (co-presented with Nigel Duncan and Tony King).

 

"Conflicts, Confidentiality and Company Law," presented January 26, 2011 to Dundas & Wilson, Edinburgh (Scotland's largest law firm).

 

“Ethical Competence: Preparing Lawyers for Substantial Client Responsibility,” organized and chaired three hour joint session of the Academic & Professional Development Committee and the Professional Ethics Committee on October 7, 2010, at the Annual Conference of the International Bar Association, held in Vancouver, Canada.

 

“When Ethical Rules Differ,” participated in panel presentation to the Professional Ethics Committee on October 4, 2010 at the Annual Conference of the International Bar Association, held in Vancouver, Canada.

 

“Global Collaboration Toward More Effective Teaching of Legal Ethics and Professionalism,” panel presentation on July 16, 2010 at the Fourth International Legal Ethics Conference held at Stanford Law School.

 

“Threshold Learning Outcome on Ethics and Professional Responsibility,” presented by pre-recorded video on June 7, 2010, for the Inaugural Conference of Associate Law Deans in Melbourne, Australia.

 

"Deciding to Let the Windmill Win: the Baby Jessica Adoption Case," presented in Madrid, Spain, on October 7, 2009, at a Joint Session of the Academic and Professional Committee and the Judges Forum on Tilting at Windmills, Annual Meeting of the International Bar Association.

 

"Creating an International Web-Based Resource for Teaching Legal Ethics," presented January 23, 2009 at the Third Learning in Law Annual Conference, sponsored by the United Kingdom Centre for Legal Education and held at the Warwick University School of Law.

 

"The Justice Education Initiative," organized and chaired half-day workshop on December 7, 2008, Fifth Worldwide Conference of the Global Alliance for Justice Education held at the Ateneo de Manila University Law School, the Philippines.

 

"Lessons from Gandhi on Becoming a Lawyer," presented in India on October 2, 2007 at the Regional Workshop on Clinical Teaching Methods at the National Law Institute in Bhopal; on October 6 at the Regional Workshop on Clinical Teaching Methods at the Symbiosis Law College in Pune; and on October 9 at the Government Law College, Sikkim.

 

"Effective Lawyer-Client Communication" and "Clinical Methods for Teaching Ethics and Professionalism," presented in India in May and October 2007 at three regional workshops on clinical teaching methods (in Bangalore, Bhopal and Pune) sponsored by the South Asia Forum of Clinical Law Teachers.

 

"Learning from the Mistakes of American Legal Education," Opening Keynote Address at the 2007 International Legal Education and Legal Profession Forum in Beijing, China, on August 8. The conference was sponsored by the Committee of Chinese Clinical Legal Educators and supported by the Ford Foundation.

 

" 'Smart Without Purpose': The Carnegie Foundation Critique of American Legal Education," presented at four Australian law schools -- Flinders, Monash, Macquarie and Griffith -- during March and April 2007. An expanded version was presented at a special faculty meeting of the University of New Mexico School of Law in September 2007.

 

"Using the Internet to Promote Justice Education," organized and chaired session on December 8, 2006 at the Fourth Worldwide Conference of the Global Alliance for Justice Education, held at the National University of Argentina. Also presented "Innovative Approaches to Teaching Legal Ethics" on December 7.

"The World's Most Powerful Court: Finding the Roots of India's Public Interest Litigation Revolution in the Hussainara Khatoon Prisoners Case," presented November 19, 2006 in London, England at an international conference on Comparative Constitutional Traditions in South Asia, co-sponsored by Johns Hopkins University and the University of London.

 

"What Clients Want from Their Lawyers," Keynote Speaker, Annual Partners Meeting of Dundas & Wilson, Scotland's largest law firm, in Edinburgh, Scotland, on November 11, 2006.


“Professionalism and the Accredited Specialist” (co-presenter with Robert Pirrie, Chief Executive, The Society of Writers to Her Majesty’s Signet, Edinburgh, Scotland), Annual Roundtable of the ABA Standing Committee on Specialization, San Antonio, Texas, March 24, 2006.

"Clinical Education Changing the World and the World Changing Clinical Education: the Global Alliance for Justice Education," Keynote Address at the International Conference on Clinical Legal Education, held at Monash University, Melbourne, Australia. July 14, 2005.

 

Conference on the Training Framework Review, Nottingham Law School, England. June 22-23, 2005. Invited discussant.


 "Legal Education After Law School: Lessons from England & Scotland," presented at the Conference on Professional Challenges in Large Firm Practice held at Fordham Law School, April 15, 2005.


"Do We Value What Clients Think About Their Lawyers? If So, Why Don’t We Measure It?" 7th Annual Conference of the Learning in Law Initiative, United Kingdom Centre for Legal Education, University of Warwick, England, January 7, 2005 (co-presented with Professor Paul Maharg, Glasgow Graduate School of Law).

 

Third International Conference of the Global Alliance for Justice Education, Krakow, Poland, July 2004 (opening speaker).r).


“After the Grutter Decision Things Get Interesting! The American Debate over Affirmative Action Is Finally Ready For Some Fresh Ideas from Abroad,” Affirmative Action: An International Perspective on a Global Dilemma, Annual Law Review Symposium, University of Connecticut, November 6, 2003 (Opening Speaker).

“From Ideology to Facts: Shifting Legal Discourse about Affirmative Action in U.S. Higher Education,” International Conference on Discrimination, Diversity and Public Policy, Washington University in St. Louis, March 29 - 30, 2003.

Second Worldwide Conference of the Global Alliance for Justice Education, University of Natal, Durban, South Africa, December 2001 (facilitator for pre-conference workshop and post-conference training program on teaching legal ethics).

"Passing Strict Scrutiny: Using Social Science to Design Affirmative Action Program," Fall 2001 Research Workshop Series, Institute on Race and Social Division, Boston University, November 2001.

"The Client's Perspective on the Initial Interview: A Social Science Approach," Hart Legal Workshop, Institute of Advanced Legal Studies, University of London, June 2001 (also chaired session entitled, "The Attorney-Client Relationship: An Increasingly Important Topic for Legal Education, Research and Law Reform").


"Why the U.S. Supreme Court Should Cite the Supreme Court of India in Its Next Affirmative Action Case," Law and Society in Contemporary India Conference, Harvard University, May 2001.


"Race, Class, Caste... Rethinking Affirmative Action," Department of Government, Dartmouth College, January 1999.


"Evaluating Effective Lawyer-Client Communication: an International Project Moving From Research to Reform," Worldwide Advocacy Conference, Inns of Court School of Law, London, England (July 1998) (plenary address); also presented at The Conference on The Delivery of Legal Services to Low-Income Persons: Professional and Ethical Issues sponsored by the American Bar Association, Open Society Institute, and The Legal Services Corporation (Fordham Law School, New York City December 1998), the Annual Meeting of the International Client Counseling Competition Board (March 1999), the Midwest Clinical Teachers Association (October 1999), Inaugural Conference of the Global Alliance for Justice Education (December 1999), New York University Law School (September 2000).


International Seminar of Legal Clinics, Buenos Aires, Argentina, December 1997. Inaugural meeting of faculty and students from seven South American law schools (Argentina, Chile and Peru), funded by the Ford Foundation, to discuss promotion of public interest law through law school clinics. I was one of several North American commentators.


"Rethinking Equality in the Global Society," Washington University, St. Louis, November 1997. (Co-organized this 3-day conference with Marc Galanter and N.R. Madhava Menon and delivered the opening and closing plenary addresses. The conference included over 30 leading legal scholars and social scientists from the United States, South Africa, and India.


"A Modest Proposal: Cross-National Empirical Research on Lawyer-Client Communications." Presented at the Annual Meeting of the Law & Society Association (June 1997); the Fourth International Conference on Clinical Legal Education and Scholarship sponsored by UCLA and the University of London (October 1997); University of South Pacific Department of Law (March 1998); Bond University School of Law, Griffith University School of Law, Queensland University of Technology Law Faculty; Centre for Legal Education, Australia (March 1998).


"50 Years of Indian Independence," Bangalore, India, May 1997. (Five day workshop on constitutional law, celebrating the 50th anniversary of the Indian Constitution. I was part of a workshop faculty that included two former Indian Supreme Court Justices, the Solicitor General of India, a former Attorney General of India, a former President of the Bar Council of India, and the Dean of the National Law School of India.)


"Empirical Studies of Attorney-Client Communications," Faculty Seminar, University of Sydney Law School, Australia, September 5, 1996.


"Innovations in Clinical Education: The International Law Reform Competition," Clinical Education Conference, Association of American Law Schools, Miami, May 20, 1996.

 

"An Auspicious Time: Public Interest Litigation and Legal Education," presentation to the International Institute of Public Interest Law in New Delhi, India, December 7, 1995.

"Public Interest Litigation in the Supreme Court of India: The Problem of Remedy," National Law School of India (1994) (also scheduled for presentation to the International Institute of Public Interest Law on 1/27/94 immediately after the inaugural address by the Chief Justice of India)

"Crossing the Waters: Transcending International and Interdisciplinary Barriers in the Study of Law and Religion," University of Iowa Conference on Religion and Law in Independent India (1991).

AWARDS:

2012 Annual Meeting of the International Bar Association, Award for “achievement of goals of noteworthy significance” on behalf of the Academic and Professional Development Committee. (“In recognition of the exceptional on-going web based initiative for the teaching of ethics.”)



SIGNIFICANT LITIGATION:


Adarand Constructors v Mineta, 122 S. Ct. 511 (2001) (filed amicus brief in Supreme Court on behalf of Social Science and Comparative Law Scholars).

 

 


OTHER EXPERIENCE:

 

Manuscript reviewer for Cambridge University Press, University of Chicago Press, and The International Journal of Speech, Language and the Law.

 

International Bar Association, Academic & Professional Development Committee, Vice-Chair (2011-14), Advisory Board (2015-present).

 

International Member of the Reference Group advising on a multiyear project for the design, implementation and evaluation of a good practice approach to the final year experience in Australian legal education being funded by the Australian Learning and Teaching Council (2009 - 2012).

 

International member of the Expert Advisory Group for the Learning and Teaching Standards Project-Law of the Australian Learning & Teaching Council (ALTC) charged with drafting threshold learning outcomes for legal education in Australia (2010).

 

Academic Consultant to the Society of Writers to Her Majesty's Signet in the development of a new specialty accreditation program for lawyers in Scotland. The Society, one of the oldest professional bodies in the world, is an independent membership organization for lawyers based in Edinburgh (2005-2009).

 

Global Alliance for Justice Education (GAJE). Steering Committee, 1997-99; 2007 - 2009. Convenor, 2007 - 2009. Chair, Communication Committee (2006 - 2007); Chair, Constitution Committee, 1999- 2001. Organized and co-chaired the 1996 Working Group Meeting in Sydney, Australia which developed this international organization to promote socially relevant legal education. See web site: www.gaje.org

1999 International Client Counseling Competition, Chicago, Illinois. Served as a judge for international law student competition sponsored by the International Bar Association.

1996-98 Enforcing Human Rights Through Law School Clinics, Project Director. Ford Foundation project to develop law school clinics in India designed to enforce human rights, with emphasis on women's rights and criminal justice.


1996 Parsons Visiting Scholar, University of Sydney School of Law, Australia.


1995 South Asia Course on Clinical Legal Education, National Law School of India. (Was one of eight members of an international faculty of a 3 week course for law professors from India, Nepal and Bangladesh to expand use of clinical teaching methods in South Asia legal education).


1994 Consultant on Clinical Education, National Law School of India.

 

1990 Sichuan University. Chengdu, Sichuan, Peoples Republic of China. Visiting Professor of Law (faculty exchange program with Washington University).