CLARK D. CUNNINGHAM
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
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
1986-1987 STARK AND GORDON. Detroit, Michigan. Associate in law firm specializing in employment discrimination and civil rights litigation.
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.
1983-1985 MICHIGAN LEGAL SERVICES. Detroit, Michigan. Staff attorney at the federally designated center for training, research and law reform for legal aid offices in Michigan. My major responsibilities were statewide training of legal aid attorneys, coordination of the Michigan Public Benefits Task Force, individual case consultation, and complex reform litigation.
Book Review, The Worlds Cause Lawyers Make: Structure and Agency in Legal Practice, by Austin Sarat and Stuart A. Scheingold (eds), 16 Law & Politics Book Review 226 - 29 (2006).
"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).
"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).
"What is Meaning in a Legal Text?" 73 Washington University Law Quarterly 800-970 (1995) (transcribed proceedings: Northwestern University-Washington University Law and Linguistics Conference).
"Bringing Linguistics into Judicial Decisionmaking," 2 Forensic Linguistics: The International Journal of Speech, Language, and the Law 81-98 (1995) (with Jeffrey P. Kaplan, Georgia M. Green, and Judith N. Levi).
"A Linguistic Analysis of the Meanings of 'Search' in the Fourth Amendment: A Search for Common Sense," 73 Iowa Law Review 541-609 (1988).
"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).
SCHOLARLY AND PROFESSIONAL PRESENTATIONS:
"Public Interest Litigation in India," presented at 8th Worldwide Conference of the Global Alliance for Justice Education, Turkey, July 2015.
“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.
"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..
"The U.S. Patriot Act and the War on Terror," The Dartmouth Lawyers Association, Hanover, New Hampshire, September 11, 2004.
“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.
"Impact of Alabama v Shelton in Georgia," Chief Justice's Commission on Indigent Defense, Atlanta, July 26, 2002.
"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 .
"Adarand Constructors v Mineta," Annual Supreme Court Preview, William & Mary Law School, September 2001.
"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.
"Linguists in the Supreme Court and the Jail Cell," The Dartmouth Lawyers Association Speakers Series: Law and the Liberal Arts, Dartmouth College, January 1999.
"Race, Class, Caste... Rethinking Affirmative Action," Department of Government, Dartmouth College, January 1999.
"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. See the conference web site: http://law.wustl.edu/Conferences/Equality/
"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.)
"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)
"Whether to See the Wizard: The Choice Between Federal and State Forum," Federal Litigation Conference: Legal Services Committee on Regional Training (1990) (opening address).
"In Search of Common Sense, A Linguistic Approach to Fourth Amendment Law," Association of American Law Schools Annual Meeting (1988).
ASSOCIATION OF AMERICAN LAW SCHOOLS SCHOLARLY PAPER. Winner of 1988 Competition for "In Search of Common Sense, A Linguistic Approach to Fourth Amendment Law."
Adarand Constructors v Mineta, 122 S. Ct. 511 (2001) (filed amicus brief in Supreme Court on behalf of Social Science and Comparative Law Scholars).
Wade v. City of Festus Housing Authority (E.D. Mo. 1992) (successful class action challenge to lack of due process in public housing eviction procedures).
Will v. Mich. Dept. of State Police, 491 U.S. 58 (1989). Co-counsel on certiorari petition and brief for petitioner Will. Issue: whether a state or a state official can be sued in state court for federal constitutional violations under 42 U.S.C. §l983.
In re Contempt of Dougherty, 429 Mich. 8l, 4l3 N.W.2d 392 (1987). Counsel for Michigan bishops of the Episcopal, Methodist and Roman Catholic churches appearing as amici curiae. Issue raised by amici was the First Amendment right to refuse to promise future compliance with an injunction to refrain from anti-nuclear civil disobedience when such a promise would violate deeply held religious beliefs.
Ayres v. Dempsey (E.D. Mich). Co-counsel in statewide federal class action challenging Michigan policy of denying welfare benefits to children receiving mental health care.
Michigan Welfare Rights Organization v. Dempsey (E.D. Mich). As lead counsel representing a coalition of welfare rights organizations, negotiated federal consent judgment resulting in major reforms to Michigan welfare application procedures.
Manuscript reviewer for Cambridge University Press, University of Chicago Press, and The International Journal of Speech, Language and the Law.
Co-Reporter, The Chief Justice's Commission on Indigent Defense, Supreme Court of Georgia (Final Report Issued September 1, 2004).
1985-1988 Wayne State University Law School. Detroit, Michigan. Adjunct Professor. Taught Professional Responsibility and Federal Civil Rights Litigation.