CLARK
D. CUNNINGHAM
Law of India
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:
"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).
"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.
“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.
"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.
"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
Reach of Law in India," Annual Meeting of the Law & Society Association, Vancouver,
May 29 - June 2, 2002 ( chaired panel discussion).
"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.
"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.
"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)
"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:
FULBRIGHT SCHOLAR: INDIA. Selected for a Senior Scholar Award to be a visiting professor at the National Law School of India for the 1993-94 academic year. Award declined.
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:
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.
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.