Human Resources University
Resume:
Kingsley R. Browne
**** ********** ***** ***** ***** University Law School
Ann Arbor, MI 48104 471 West Palmer Avenue
734-***-**** Detroit, MI 48202
abp8eu@r.postjobfree.com
Present Position
Wayne State University Law School
Detroit, Michigan. Professor, since 1997; Associate Professor (1989-1997); tenured since
1993.
Teach courses in Employment Discrimination, Evidence, Employment Law, and Torts;
Seminar in Law, Biology, and Behavior
Prior Employment
Morrison & Foerster
San Francisco, California, Labor and Employment Department. Partner (1989), Associate
(1984-88)
Supreme Court of the United States
Clerk to Justice Byron R. White (1983-84)
Supreme Court of Colorado
Clerk to Justice Luis D. Rovira (1982-83)
Professional
Member: Colorado Bar, 1982; California Bar, 1985 (inactive)
Education
University of Denver College of Law, J.D. 1982
Class Rank: Number 1
Board of Editors, DENVER LAW JOURNAL
Kingsley R. Browne
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University of Colorado, M.A. 1976
Graduate study in physical (biological) anthropology, 1975-79. Completed all course-
work for Ph.D.
The George Washington University, B.A. (with distinction)
1975, Anthropology
University of South Carolina
Attended 1968-70
Personal Data
Born: November 1, 1950
Spouse: Cynthia H. Browne, M.D.
Children: Cecily (1984); Veronica (1985)
Professional Publications
Books:
Co-ed Combat: The New Evidence That Women Shouldn t Fight the Nation s Wars (2007), Sentinel
(Penguin USA) (in press)
Biology at Work: Rethinking Sexual Equality (2002), Rutgers University Press, in the Rutgers Series
in Human Evolution (Robert L. Trivers, series editor) (named one of the Outstanding
Academic Titles of 2002 by Choice magazine, a publication of the Association of College &
Research Libraries)
Divided Labours: An Evolutionary View of Women at Work (1998), part of the Darwinism Today
series, Weidenfeld & Nicolson, London (U.S. edition published by Yale University Press,
1999) (Helena Cronin & Oliver Curry, series editors) (translated into Hebrew, Japanese,
Korean, Portuguese, and Spanish)
Book Chapters:
The Evolutionary Psychology of Sexual Harassment (in press), to appear in Todd K. Shackelford &
Joshua Duntley (eds.), EVOLUTIONARY FORENSIC PSYCHOLOGY, Oxford University Press
Kingsley R. Browne
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The X-Percent Solution: Race Neutral Affirmative Action in University Admissions, in Gail Heriot
(ed.), CALIFORNIA DREAMING: PROPOSITION 209 AND THE PRINCIPLE OF NON-
DISCRIMINATION IN ACTION, Institute of Governmental Studies, Berkeley (in press)
The Silenced Workplace: Employer Censorship Under Title VII, in Catharine MacKinnon & Reva
Siegel (eds.), DIRECTIONS IN SEXUAL HARASSMENT LAW, pp. 399-416, Yale University Press
(2004)
Women in the Workplace: Evolutionary Perspectives and Public Policy, in Charles Crawford &
Catherine Salmon (eds.), EVOLUTIONARY PSYCHOLOGY, PUBLIC POLICY AND PERSONAL
DECISIONS, pp. 275-292, Lawrence Erlbaum Associates (2004)
Law, Biology, Sex, and Politics, in LAWRENCE A. FROLIK (ED.), LAW & EVOLUTIONARY BIOLOGY:
SELECTED ESSAYS IN HONOR OF MARGARET GRUTER ON HER 80TH BIRTHDAY, pp. 73-86,
Gruter Institute (2000)
The Use and Abuse of Statistical Evidence in Discrimination Cases, in Titia Loenen & Peter R.
Rodrigues (eds.), NON-DISCRIMINATION LAW: COMPARATIVE PERSPECTIVES, pp. 411-423,
Kluwer: The Hague (1999)
Military Sex Scandals from Tailhook to the Present: The Cure Can Be Worse than the Disease, DUKE
JOURNAL OF GENDER LAW & POLICY, 14:749-789 (2007)
Sex, Power, and Dominance: The Evolutionary Psychology of Sexual Harassment, MANAGERIAL AND
DECISION ECONOMICS, 27:145 158 (2006)
Evolved Sex Differences and Occupational Segregation, JOURNAL OF ORGANIZATIONAL BEHAVIOR,
27:143-162 (2006)
Women in Science: Biological Factors Should Not Be Ignored, CARDOZO WOMEN S LAW JOURNAL,
11(3):509-528 (2005)
Book Review, Eugene R. Fidell and Dwight H. Sullivan (eds.), Evolving Military Justice, ARMED
FORCES & SOCIETY: AN INTERDISCIPLINARY JOURNAL, 30:690-693 (2004)
The Use of Race Neutral Entrance Criteria to Achieve Racial Diversity in University Admissions,
ACADEMIC QUESTIONS, 15(1): 19-32 (2002)
Zero Tolerance for the First Amendment: Title VII s Regulation of Employee Speech, OHIO NORTHERN
UNIVERSITY LAW REVIEW, 27:563-605 (2001)
Kingsley R. Browne
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Women at War: An Evolutionary Perspective, BUFFALO LAW REVIEW, 49: 51-247 (2001)
Commentary: The Relevance of Sex Differences in Risk-Taking to the Military and the Workplace,
BEHAVIORAL AND BRAIN SCIENCES, 22:218-219 (1999) (short commentary on article by Anne
Campbell)
An Evolutionary Account of Women s Workplace Status, MANAGERIAL & DECISION ECONOMICS,
19:427-440 (1998)
The Strangely Persistent Transposition Fallacy : Why Statistically Significant Evidence of
Discrimination May Not Be Significant, LABOR LAWYER, 14:437-455 (1998)
An Evolutionary Approach to Sexual Harassment: Seeking Roots in Biology Rather than Ideology,
JOURNAL OF CONTEMPORARY LEGAL ISSUES, 8: 5-77 (1997)
Nonremedial Justifications for Affirmative Action in Employment:A Critique of the Justice Department
Position, LABOR LAWYER, 12:451-473 (1997)
Affirmative Action:A Rose by Any Other Name, OHIO NORTHERN UNIVERSITY LAW REVIEW,
22:1125-1157 (1996) (reprint of testimony before House Committee on Economic and
Educational Opportunities, Subcommittee on Employer-Employee Relations, with
introduction)
Sex and Temperament in Modern Society: A Darwinian View of the Glass Ceiling and the Gender
Gap in Compensation, ARIZONA LAW REVIEW, 37:971-1106 (1995)
Workplace Censorship, RUTGERS LAW REVIEW, 47:579-594 (1995)
Statistical Proof of Discrimination: Beyond Damned Lies, WASHINGTON LAW REVIEW, 68:477-558
(1993)
The Civil Rights Act of 1991: A Quota Bill, a Codification of Griggs, a Partial Return to Wards
Cove, or All of the Above?, CASE WESTERN RESERVE LAW REVIEW, 43:287-400 (1993)
Foreword: Racist Speech on Campus, WAYNE LAW REVIEW, 37:1309-1311 (1991)
Title VII as Censorship: Hostile Environment Harassment and the First Amendment, OHIO STATE
LAW JOURNAL, 52:481-550 (1991)
Comparable Worth: An Impermissible Form of Affirmative Action?, LOYOLA OF LOS ANGELES LAW
REVIEW, 22:717-759 (1989
Kingsley R. Browne
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Biology, Equality, and the Law: The Legal Significance of Biological Sex Differences, SOUTHWESTERN
LAW JOURNAL, 38:617-702 (1984)
Liberty vs. Equality: Congressional Enforcement Power Under the Fourteenth Amendment, DENVER
LAW JOURNAL, 59:417-458 (1982)
Community Communications Corporation v. City of Boulder, DENVER LAW JOURNAL, 59:399-406
(1982) (Case Comment)
Tenth Circuit Survey: Constitutional Law and Civil Rights, DENVER LAW JOURNAL, 59:239-269
(1982)
Rhode Island v. Innis: Offhand Comments or Interrogation ?, DENVER LAW JOURNAL, 58:637-651
(1981) (Case Comment)
Co-Authored:
Yitzhak Fried, Ariel S. Levi, Steven W. Billings, & Kingsley R. Browne, The Relation Between
Political Ideology and Attitudes Toward Affirmative Action among African-Americans: The
Moderating Effect of Racial Discrimination in the Workplace, HUMAN RELATIONS, 54:561-584
(2001)
Raymond L. Wheeler & Kingsley R. Browne, Federal Preemption of State Wrongful Discharge
Actions, INDUSTRIAL RELATIONS LAW JOURNAL, 8:1-45 (1986)
Raymond L. Wheeler & Kingsley R. Browne, Preemption of Wrongful Discharge Claims of Employees
Covered by Collective Bargaining Agreements, LABOR LAWYER, 1:593-616 (1985)
Professional Activities
Speaking:
Women in Medicine: The Influence of Innate Sex Differences on Occupational Behavior, Royal College
of Physicians, London, England, June 27, 2005 (repeated at the Nuffield Trust, London,
England, June 28, 2005)
Women in Science: (Un)Just Discrimination or Do Innate Sex Differences Play a Role?, Human
Behavior and Evolution Society Annual Conference, Austin, Texas, June 4, 2005
Evolutionary Psychology and the Glass Ceiling, Society for Industrial and Organizational
Psychology Annual Conference, Los Angeles, California, April 16, 2005
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Warfare and the Warrior: Then and Now, Conference on Evolutionary Psychology, Carleton
University Institute for Cognitive Science, Ottawa, Canada, October 16, 2004
Evolutionary Psychology and the Workplace: Public Policy Implications of Evolved Sex Differences,
American Psychological Association Annual Convention, Honolulu, Hawaii, July 30, 2004
The Impact of Grutter on Affirmative Action in Employment, Southeastern Association of Law
Schools Annual Meeting, Amelia Island, Florida, July 22, 2003
Concepts of Equality in the Sex-Discrimination Law of the United States and Europe, Conference
Celebrating Twenty-Five Years of the Wayne State-Utrecht Exchange, University of Utrecht,
Utrecht, Netherlands, May 16, 2003
Title VII and Workplace Censorship, faculty brownbag, Michigan State University Detroit College
of Law, East Lansing, Michigan, February 5, 2003
Zero Tolerance for the First Amendment: Title VII s Regulation of Employee Speech, Ohio Northern
University Law Review Symposium: Sexual Harassment in the Workplace: Fifteen Years After
Meritor Savings Bank, Ada, Ohio, March 16, 2001
Standardized Tests and Grades: Modification of Entrance Criteria to Achieve Racial Diversity, National
Association of Scholars Section on Law Symposium: Law School Admissions in the Post-
Affirmative Action Age: The LSAT on Trial, San Francisco, California, January 6, 2001
Women in the Workplace: Evolutionary Perspectives and Public Policy, in public lecture series Ever
Since Sociobiology: Darwinism, Human Behaviour and Public Policy, sponsored by the
Department of Psychology, Simon Fraser University, Vancouver, British Columbia, Canada,
December 8, 2000
Cognitive Sex Differences and Their Workplace Implications, Society for Evolutionary Analysis in Law
Annual Conference, Indiana University, Bloomington, Indiana, October 13, 2000
An Evolutionary Perspective on Women in the Workplace: The Occupational Implications of
Temperamental and Cognitive Sex Differences, Federalist Society, University of Michigan Law
School, Ann Arbor, Michigan, April 17, 2000
Women at War: An Evolutionary Analysis, Symposium on Law and Evolutionary Biology, Institute
for Humane Studies/George Mason University School of Law, Arlington, Virginia, November
13, 1998
Women and the Military, Society for Evolutionary Analysis in Law Annual Conference, Pace
University, White Plains, New York, October 17, 1998
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Women at Work: An Evolutionary View, London School of Economics, Darwinism Today Program,
London, England, October 8, 1998
The Use and Abuse of Statistical Evidence in Discrimination Cases, International Conference on
Comparative Non-Discrimination Law, University of Utrecht, Utrecht, Netherlands, June 24,
1998
Neurobiology, Human Behavior, and the Law, Gruter Institute for Law and Behavioral Research,
Squaw Valley, California, June 18, 1998
Sexual Harassment Regulation Violates the First Amendment, Symposium on Sexual Harassment,
Yale Law School/Yale University Press, New Haven, Connecticut, February 28, 1998
The Relevance of Evolved Behavioral Predispositions to Law and Public Policy: Women in the
Workplace, Gruter Institute for Law and Behavioral Research Symposium: Frontiers in Law and
Biology, Squaw Valley, California, June 19, 1997
Rethinking Sexual Harassment, Women s Freedom Network,, October 13, 1996, Washington, D.C.
The Glass Ceiling, the Gender Gap, and Evolutionary Biology, Human Behavior and Evolution
Society, Annual Conference, Northwestern University, Evanston, Illinois, June 28, 1996
An Evolutionary Approach to Sexual Harassment, Symposium on Law, Human Behavior and
Evolutionary Biology (Gruter Institute for Law and Behavioral Research/University of San
Diego), Squaw Valley, California, June 24, 1996
Gender and the Law, 5th Annual Teaching Seminar on Law, Biology and Human Behavior,
Gruter Institute for Law and Behavioral Research, Squaw Valley, California, June 21, 1996
Affirmative Action: Policy-Making by Deception, Ohio Northern University Law Symposium,
Columbus Ohio, March 22, 1996 (Proceedings transcribed in Ohio Northern University Law
Review, 22 OHIO N.U.L.R. 1291-1303 (1996))
Sex and Temperament in Modern Society: A Darwinian View of the Glass Ceiling and the Gender
Gap in Compensation, Faculty Workshop, Yeshiva University, Benjamin N. Cardozo School
of Law, New York, New York, April 24, 1995
Choosing the Right Paradigm: Does Free Speech Interfere with Efforts at Equality or Vice-Versa?, Drake
University Constitutional Law Resource Center Symposium, Des Moines, Iowa, April 1, 1995
(Proceedings transcribed in Proceedings of the Sixth Annual Symposium of the Constitutional Law
Resource Center)
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Resolved: Current Title VII Doctrine Governing Hostile-Environment Harassment in the Workplace
Violates the First Amendment, Federalist Society for Law and Public Policy Studies Debate,
Wayne State University Law School Chapter, November 10, 1993
The Constitutionality of Hostile-Environment Harassment Law, 4th Annual Employment Law
Institute, Detroit Bar Association, Detroit, Michigan, October 21, 1993
Title VII and the Constitution, Federal Bar Association, Detroit, Michigan, April 28, 1993
Recent Developments Under the National Labor Relations Act, American Bar Association Section
of Labor and Employment Law, Committee on Development of the Law Under the National
Labor Relations Act, Midwinter Meeting, Ixtapa, Mexico, February 8, 1993
Sexual Harassment and the First Amendment, Association of American Law Schools Annual
Meeting, Employment Discrimination Section, San Francisco, California, January 9, 1993
Regulation of Sexual Harassment in the American Workplace: Problems of Free Speech and
Protectionism, 17th Annual Wayne-Windsor Lecture, University of Windsor Faculty of Law,
Windsor, Ontario, March 30, 1992
Sexual Harassment, Republican Business and Professional Women s Forum, Birmingham,
Michigan, November 20, 1991
The Civil Rights Act of 1991, 16th Annual Labor Law Seminar, Institute of Continuing Legal
Education, Ann Arbor, Michigan, April 25, 1991
Peer Reviewer:
Armed Forces & Society: An Interdisciplinary Journal
Evolution and Human Behavior
Journal of Organizational Behavior
Teaching:
Teaching, University of Utrecht Faculty of Law, Utrecht, Netherlands, April-June 2004 (teaching
Introduction to American Law)
Teaching, Mari State University, Yoshkar-Ola, Russian Federation, March 17-27, 2003 (teaching
portion of Introduction to American Law course)
Kingsley R. Browne
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Congressional Testimony
Written Comments on Justice Department Memorandum, Post-Adarand Guidance on Affirmative
Action in Federal Employment, submitted to Senate Judiciary Committee, March 28, 1996
Witness, Testimony Before the House Committee on Economic and Educational Opportunities,
Subcommittee on Employer-Employee Relations, on the U.S. Supreme Court decision in Adarand
Constructors v. Pena and H.R. 2128, The Equal Opportunity Act of 1995, Washington, D.C.,
February 29, 1996
Witness, Testimony Before the House Committee on the Judiciary, Subcommittee on the Constitution,
on the Equal Opportunity Act of 1995, on H.R. 2128, The Equal Opportunity Act of 1995,
Washington, D.C., December 7, 1995
Statement on Nomination of Chief Justice Rosemary Barkett (Submitted to Senate Judiciary
Committee, Feb. 2, 1994)
Written Statement on the Civil Rights Act of 1991 ( The Danforth Bill ) (Submitted to Senate,
September 28, 1991)
Supplemental Written Comments on Conference Report to Civil Rights Act of 1990 (S.2104)
Supplemental Written Comments on Amendments to Civil Rights Act of 1990 (S.2104)
Witness, Testimony before the Senate Committee on Labor and Human Resources on the Civil Rights
Act of 1990 (S.2104), Washington, D.C., March 1, 1990
Selected Media Appearances:
Guest, Currently Speaking, WDCQ, Delta College, University Center, Michigan, Smoking Civil
Rights, March 22, 2005
Guest, The Legal Huddle With Ed Zelenak, ieamericaradio, Biology at Work: Rethinking Sexual
Equality, January 18, 2004
Guest, Newsnight, BBC Television, Evolutionary Biology and the Glass Ceiling, September 29, 1998
Interviewed, ANALYSIS (BBC Radio), Evolutionary Psychology (Mar. 17, 1997)
Guest, FREEDOM SPEAKS (produced by the Freedom Forum, First Amendment Center), Sexual
Harassment on Campus (Nashville, TN) (Dec. 18, 1996)
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Guest, FREEDOM SPEAKS (produced by the Freedom Forum, First Amendment Center), War in
the Workplace: Sexual Harassment and Free Speech (Nashville, TN) (Mar. 17, 1995)
Guest, Spotlight on the News, WXYZ-TV (Channel 7, Detroit), The Confirmation Hearings of
Clarence Thomas, September 15, 1991
Miscellaneous:
Recipient, Wayne State University Board of Governors Faculty Recognition Award, 2003 (for
Biology at Work: Rethinking Sexual Equality)
Recipient, Richard J. Barber Grant for Interdisciplinary Legal Research, Cross-Cultural Correlates
of Marital Satisfaction (with Glenn E. Weisfeld), 1999
Research Fellow, Gruter Institute for Law and Behavioral Research (named September 1997)
Recipient, Richard J. Barber Grant for Interdisciplinary Legal Research, Affirmative Action: The
Perceived Justice of Court Rulings and Legal Rationales for Preferential Treatment (with Yitzhak
Fried & Ariel S. Levi), 1993
Opinion
Commentary/Op-Ed:
Men and Women in Science: Exorcism of the Ghosts, PUBLIC LIBRARY OF SCIENCE (BIOLOGY),
January 30, 2006
bio.0040019>
Do Men Get Better Jobs Because They Take More Risks?, EMPLOYING DOCTORS & DENTISTS,
November, 2004, pp. 10-11
Women in Medicine: Sexism Is Not the Only Reason for Women s Unequal Status in the Workplace,
BRITISH MEDICAL JOURNAL, August 23, 2004
(shorter version in printed
journal, Sept. 25, 2004)
Ending Racial Preferences Is Constitutional, DETROIT NEWS, June 21, 2004
Harassment Law Chills Free Speech, DETROIT NEWS, July 9, 2002
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Passengers Remain a Plane s Last Line of Defense Against Hijackers, DETROIT NEWS, September 28,
2001
Segregation of the Sexes Is Here to Stay, FINANCIAL TIMES, October 10/11, 1998
Evolution and the Glass Ceiling, BBC World Service (Radio), SCIENCE VIEW
Glass Ceiling, Biological Floor, TIMES (LONDON) HIGHER EDUCATION SUPPLEMENT, October 2,
1998
Sex at Work, (Debate), PROSPECT, October 1998
Beware Another Term of Clinton Judges, DETROIT NEWS, July 7, 1996
Proposed EEOC Guidelines Violate the First Amendment, THE DEFENDER, May 1994 (reprinted in
HUMAN RESOURCES 96/97 (6th ed., Fred H. Maidment, ed.))
Muzzling Sexually Hostile Speech, LEGAL TIMES, November 22, 1993
ACLU Fails the Harassment Test, DETROIT NEWS, May 14, 1993
Sexual Protectionism in the Work Place?, DETROIT NEWS, October 20, 1991
1990 Civil Rights Act Guarantees Quotas, DETROIT NEWS, June 17, 1990
Letters to the Editor:
Law-Abiders Don t Need Concealed Weapons Lists, ANN ARBOR NEWS, May 29, 2006
Careers Based on Talents, Tastes, THE BOSTON GLOBE, March 6, 2005
Different Opinions on Gender Differences, CHRONICLE OF HIGHER EDUCATION, February 18, 2005
If Women Don t Deserve Equal Pay, Why Give It?, ANN ARBOR NEWS, September 16, 2004
Forcing Students to Give Service Is not Justified, ANN ARBOR NEWS, September 2, 2004
Symbolic Punishment, WASHINGTON TIMES, January 1, 2003
Inaccurate Questions Skew Poll Results, ANN ARBOR NEWS, December 15, 2002
Women as Firefighters, NEW YORK TIMES, February 7, 2000
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Money Is Not the Only Measure, NEW STATESMAN, November 8, 1999
Guns and Defense, DETROIT FREE PRESS, July 3, 1999
Darwinian Disputes, TIMES (LONDON) HIGHER EDUCATION SUPPLEMENT, March 26, 1999
Gender and Publishing, CHRONICLE OF HIGHER EDUCATION, October 23, 1998
Women, Plumbing and Work, THE GUARDIAN, October 12, 1998
Bar Exam Data Don t Support Affirmative Action, NEW YORK TIMES, May 22, 1998
Racism Study Cheapens Once-Powerful Epithet, ANN ARBOR NEWS, February 19, 1998
Speaking Out on Race Helps Advance Equality, NEW YORK TIMES, September 18, 1997
Politics and Diversity, GAMBIT WEEKLY (New Orleans), November 19, 1996
A Double Standard?, NEW YORK TIMES, October 1, 1996
Line Between Speech, Harassment Is Too Unclear, LEGAL TIMES, May 20, 1996
Race Certainly Has a Biological Reality, NEW YORK TIMES, November 4, 1995
The Fast-Track Treadmill, NEW YORK TIMES, July 30, 1995
What Mom Provides, NEW YORK TIMES, May 17, 1995
Lawsuits Don t Tell Affirmative Action Story, NEW YORK TIMES, April 4, 1995
Juggling the Numbers, NEW YORK TIMES, March 6, 1995
Gender Gap Label Applied with Bias, ANN ARBOR NEWS, April 10, 1994
Women s Role in Vietnam Can t Match that of Men, ANN ARBOR NEWS, November 20, 1993
On Not Misreading Murder Statistics, NEW YORK TIMES, October 10, 1993
Relevant Statistic Missing in Bias Story, ANN ARBOR NEWS, June 28, 1993
Don t Alter Rape Law Because of Smith Case, NEW YORK TIMES, December 27, 1991
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University Service
Member, University Library Committee, 2001-2003
Member, University Tenure and Promotion Committee, 2002
Member, Review Panel for Graduate Research Assistantships for the College of Liberal Arts,
2000-2001
Member, University Sabbatical Leaves Committee, 1997-1998, 1998-1999
Member, Academic Senate (1991-94)
Chairman, Academic Senate Faculty Affairs Committee (1993-94)
Faculty Representative, Board of Governors Personnel Committee (1993-94)
Member, Law Dean Search Advisory Committee (1992-93)
Various Law School Committees
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