Summer 2011

Harvardbulletin Law

ALSO INSIDE: HLS grad and former research fellow Lobsang Sangay off the ground is the political successor to the Dalai Lama get new ideas

is helping students

energy startups, HLS

From social ventures to

THE LAWYERPRENEURS Q Why is this airborne wind turbine on our cover? A See Page 40.

IN THIS ISSUE

volume 62 | number 2 | summer 2011 5 page 37

1 FROM THE DEAN a A Dose of Optimism 2 LETTERS 22 The new CEO of pharmaceutical giant Merck, 3 OFFICE HOURS Committee on Capital Markets Regu- Kenneth Frazier ’78 is driven by high hopes for the lation offers students the chance to company and what it can do. whisper in the Treasury secretary’s ear; Goldberg and students provide analysis to Kenneth Feinberrg; Stu- a Law on the Home Front dents spearhead project proposing 26 constitutional reforms for Bahrain. The Harvard Legal Aid Bureau and two HLS clinics 8 ACCESSING JUSTICE help staunch the foreclosure crisis in Massachusetts. A clinical course puts students in chambers; Tribe on expanding access to the courts 32a Able Lawyering 11 OUTSIDE THE CLASSROOM A Harvard Law School program with 675 million Collaboration between HLS and local clients organizations seeks to transform the Mississippi Delta region. 13 ON THE BOOKSHELVES 37a New Dawn on the Lost Horizon Benkler makes the case for “prosocial” Lobsang Sangay LL.M. ’96 S.J.D. ’04 wins the systems design; Vermeule and Posner are bullish on executive power; Glen- confidence of his people as the political successor to don looks to history to inspire gradu- the Dalai Lama. ates considering a career in public life; Gordon-Reed on Andrew Johnson’s historic failure 40a The Lawyerpreneurs 17 SUMMER READING From social ventures to new-energy startups, Faculty share their picks. HLS is helping students get their ideas off the 18 NOW ONLINE Zittrain explores the case for a new ground. kind of casebook. 20 BILLBOARD assistant dean for communications Former client of HLS clinic wins Robb London ’86 Grammy. editor Emily Newburger 21 HEARSAY managing editor Linda Grant 50 HLSA NEWS class notes editor 52 CLASS NOTES Jenny Lackey Kurk A Supreme reunion; Defense’s joys editorial assistance Greg DiBella, Jill Greenfield ’12, Lauren and Joy’s defenses; The first woman Kiel, Christine Perkins, Lori Ann Saslav, elected to the Harvard Law Review; Erica Sheftman, Joanne Wong Where his convictions have led him; design director Analyzing an advocacy movement Ronn Campisi 5 page 8 editorial office 66 AUTHORS AND AUTEURS Harvard Law Bulletin, 125 Mount Auburn St., Cambridge, MA 02138 67 TRIBUTES email: [email protected] pagege 40 website: Professor William Stuntz, 1958-2011; www.law.harvard.edu/news/bulletin Joseph H. Flom ’48, 1923-2011 send changes of address to: [email protected] 69 IN MEMORIAM The Harvard Law Bulletin (ISSN 1053-8186) is published two times a year by Harvard Law School, 1563 Massachusetts Ave., 70 LEADERSHIP PROFILE Cambridge, MA 02138. Robert J. Katz ’72 © 2011 by the President and Fellows of Harvard College. 72 GALLERY Printed in the U.S.A. Innovative classrooms and wide-open spaces FROM THE DEAN

Fostering Innovation

“Just as energy is the basis of life itself, and ideas the source of innovation, so is innovation the vital spark of all human change, improvement and progress.” This comment by Ted Levitt, long a professor at Harvard Business School, captures much that is true about both for-profit and nonprofit activities. Innovation has not always taken center stage in legal training, yet lawyers lead and advise enterprises developing innovative technologies and industries, lawyers closure crisis in Boston and “Learning to take and devise policies profoundly affecting prospects manage risks and to devise for innovation, and lawyers also invent social beyond. and implement effective ventures that unleash and direct people’s Looking across the globe business plans will be desires to help others. for the best models promot- crucial for just about ing rights for persons with any career path our disabilities, HLS Professor students pursue.” Our cover story features depend on new ventures. William Alford ’77 and Visit- students and alumni who Moreover, entrepreneurial ing Professor Michael Stein are launching their own ven- approaches are central to ’88 run the Harvard Law ’09, a rising star in corporate tures, and the school’s grow- problem-solving and to School Project on Disability. law and governance, will be ing efforts to assist such navigating a rewarding After playing an important an assistant professor, and endeavors. We offer courses career. As physicist James role drafting and securing Robert Greenwald, a pioneer and workshops on social Yorke said, “The most suc- support for the U.N. Conven- in health law and policy, and entrepreneurship, nonprofit cessful people are those who tion on the Rights of Persons a leading advocate for people organizations, company are good at Plan B,” and in with Disabilities, they now with HIV/AIDS, will be a creation, business strategy, the current economy, learn- advise many nations on its clinical professor of law. designing dispute resolution ing to take and manage risks implementation. We mark the loss of two systems, and law and fi- and to devise and implement Our emphasis on innova- innovators. A giant in the nance of startup companies, effective business plans will tion will be strengthened legal profession, Joseph as well as courses focused be crucial for just about any greatly by our newest ad- Flom ’48, architect of mod- on innovation, lawyering in career path our students ditions to the faculty. U.S. ern takeover practice and cyberspace, and lawyering pursue. District Judge Nancy Gert- builder of a powerhouse that shapes pharmaceuti- Public-sector service can ner and tax expert Stephen global law firm, was also a cal industries. The Public inspire private-sector lead- Shay will be our newest visionary philanthropist and Service Venture Fund an- ership, as Kenneth Frazier professors of practice. Jacob a great friend to this school. nounced last year stimulates ’78, the new CEO of Merck, Gerson, an expert on ad- We also mourn a beloved advising and planning, and the world’s second largest ministrative law, will come member of our faculty, Bill current first-year students pharmaceutical company, to us from the University of Stuntz. His pathbreaking will be the first group eli- reveals in these pages. And Chicago. Richard Lazarus work in criminal law tran- gible to compete for grants private-sector tools can el- ’79, a pre-eminent scholar scended usual debates; his from the fund. HLS will also evate public service, as dem- and practitioner in environ- teaching as a Christian theo- take part in the university’s onstrated by the ingenuity of mental law, will join us, as rist inspired people across new Innovation Lab, an our clinics and student prac- will tax and finance expert our community and beyond. incubator for public service tice organizations, which Mihir Desai, who will be a We celebrate their lives of and private enterprises. Our combine financial analysis, professor of law at HLS in creativity and inspiration. students and alumni pursue bankruptcy representation, addition to his current post the satisfactions of innova- community partnerships, on the faculty of Harvard tion; the nation’s future and and trial and appellate liti- Business School. Holger the welfare of the world gation to staunch the fore- Spamann LL.M. ’01 S.J.D. Dean Martha Minow

Illustration by stuart bradford summer 2011 harvard law bulletin 1 LETTERS

FACULTY TRIBUTE PROFESSOR EMERITUS BENJAMIN KAPLAN: 1911-2010

A Legendary Teacher, in the Classroom and on the Bench

BENJAMIN KAPLAN, THE the New York firm Royall Professor of Law Emeritus Greenbaum, Wolff & at Harvard Law School and a Ernst, participating former justice of the Massachu- in the civil rights setts Supreme Judicial Court, case Hague v. Com- died Aug. 18, 2010. mittee for Industrial A specialist in civil procedure Organization, which REMEMBERING BENJAMIN KAPLAN and a preeminent copyright reached the U.S. scholar, Kaplan co-wrote the Supreme Court in they were simply wrong, but the rest of fi rst casebook on copyright, with 1939. Yale Law Professor Ralph Brown In 1942, he joined ’57 in 1960. His 1967 seminal text, the U.S. Army, ending “An Unhurried View of Copy- his tour of duty as a I do not right,” grew out of a series of lec- member of Justice write letters to the editor tures he delivered at Columbia Robert Jackson’s the world has moved on. There is noth- Law School. prosecuting staff in “Ben Kaplan was a towering the fi rst Nuremberg giant in the law with legendary case. Working first wisdom and analytic precision,” with Col. Telford of alumni magazines or other said Dean Martha Minow. “The Taylor ’32 and then ing to celebrate about the Obama ad- generations of students and with Jackson, Kaplan litigants guided by his work as played an important professor and justice ensure role in drafting the S. N O

that his legacy will long endure.” TI indictment in the C

Kaplan fi rst joined Harvard LLE case. CO IAL

C ministration except its gradual passing. publications, but I could not help but Law as a visiting professor, in In 1972, Kaplan PE 1947. The visit turned out to last S left the Harvard Law AL AND

a quarter of a century, during C faculty to become an RI O T which he developed his long- S associate justice of HI S standing interest in civil proce- HL the Massachusetts Richard Sybert ’76 react to, and thank you for, the Faculty dure and intellectual property, Supreme Judicial joined the permanent faculty, Court. He served and had a lasting inflfluence on “TO LISTEN TO BEN TEACH WAS TO LISTEN TO THE SOCRATIC METHOD until 1981, when he generations of students, legal AT ITS BEST, USED BY A FIRST-RATE CRAFTSMAN AND ARTICULATED BY reached the con- scholars and jurists. A TRUE GENTLEMAN.” —JUSTICE STEPHEN BREYER ’64 stitutional age for Tribute to Professor Kaplan in the “Sometimes one is lucky retirement. He was San Diego enough to have a teacher who recalled to the Mas- changes one’s life,” said Profes- sachusetts Appeals sor Andrew Kaufman ’54. “Ben learn from him, I treasure the added, “was to listen to the Court in 1983. Kaplan was such a teacher, and I experience—he was a wonder- Socratic method at its best, used In a 1988 profifile in the Bulle- was his lucky student. He taught ful combination of rigor and by a first-rate craftsman and ar- tin, Kaplan said: “Each appellate Winter 2011 issue. me how to think critically about encouragement, of skepticism ticulated by a true gentleman.” case presents itself as a puzzle. law and life.” and faith.” Breyer also recalled how The challenge is to find the one Professor David Shapiro ’57 Kaplan’s students also beautifully Kaplan wrote, but he right solution, and to explain it said of his former teacher: “Ben included two Supreme Court praised above all, “the quality in a way that satisfifi es not only Kaplan’s wisdom and wit, and justices, Stephen Breyer ’64 and of his thought and analysis, his the Bar and the specialists but A CALL FOR MORE POLITICAL BALANCE My first law school class (September his mastery of the art of teach- Ruth Bader Ginsburg ’56-’58. integrity, his humanity that ani- also the general intelligent pub- ing, have been an inspiration to At a memorial service that mates his opinions and assures lic. There is not much difference me as a student and throughout fi lled Ames Courtroom in Octo- us that they will last.” in the end between judging and my academic career. Like the ber, Breyer called Kaplan “the Kaplan graduated from Co- teaching. The job of the judge, many others who have had the master of us all.” lumbia Law School in 1933, and like that of the teacher, is to 1958) was Civil Procedure. I watched good fortune to work with and “To listen to Ben teach,” he he began his law practice with instruct, to educate.” P I thank Harvard Law School in terror as Professor Kaplan called 68 harvard law bulletin winter 2011 for its video of the panel discussion

48_69_HLB_Winter11_07.indd 68 11/17/10 4:38 PM on and verbally sparred with names [http://tinyurl.com/Heymann-Blum] chosen at random from a seating BEN KAPLAN Moved by your on the book by Professors Blum chart of about 125 students. The day Faculty Tribute to and Heymann, “Laws, Outlaws, and came in October when my name CHALLENGED US Benjamin Kaplan Terrorists.” I was led to it by a story in was called. I do not remember the IN WAYS THAT in your most recent the Bulletin [“Looking for the Third question, but I remember nervously STILL RESONATE issue, I want to Paradigm: When Criminal Law and mouthing some response. This was second my own deep the Laws of War Are Not Enough”]. followed by a short series of questions appreciation of this man, teacher and However, it would have been a far from Professor Kaplan and answers warm human being. better panel if one conservative had from me. His teaching skills converted I had been his student in a seminar been included. the wide-of-the-mark answer I had on copyright law. In applying to It appears that Blum and at least originally given into a response graduate school for an advanced one other panelist believe the threat of somewhere near the target. The degree in art history and archaeology, terrorism is exaggerated, even though experience gave me the confidence I a recommendation was needed and Islamic imperialism once was on the needed that long-ago first year. I went to Professor Kaplan. Upon verge of completely dominating the Stuart L. Pachman ’61 hearing my request, he immediately civilized world. All of the panelists Roseland, N.J. remarked I was “crazy” and then wrote assumed that terrorism was in reaction one anyway, a recommendation good to the foreign policy of the United It was with the deepest sadness enough to obtain fellowships for me at States and not a matter of religious that I marked the passing of Professor Harvard and at Yale for which I was obligation. Finally, all panelists Benjamin Kaplan, who taught me Civil always grateful. assumed that the legal opinions of John Procedure 42 years ago at the Harvard Richard Brilliant ’54 Yoo and Judge Bybee were motivated by Law School. “Big Ben,” as we called Anna S. Garbedian Professor in the political considerations and were not him—not to be in any way equated Humanities, emeritus, their honest opinions. with the brutish football player— Columbia University I think the panel would have had brought to his classroom a steel-trap far more to offer had it been more mind, a thorough knowledge of the SUPREME COVERAGE politically balanced. But I was able to classics, biblical quotes, sparks of That cover photo of Justices make up my mind on whether to buy grandfatherly wisdom, a wry sense of Kagan and Roberts by Brooks Kraft is the book. humor, a self-deprecating wit and an outstanding. Wallace E. Brand ’57 unwavering love of teaching. Professor Henry Hammond ’62 Alexandria, Va . Kaplan, along with Professor Laurence Boston Tribe and Supreme Court Justice Correction: The photo caption for Stephen Breyer, were simply the best NOT PROGRESSIVE BUT REACTIONARY “Outside the Classroom” on Page 22 of the teachers I ever had. Ben Kaplan was Your current [Winter 2011] issue Winter 2011 issue reversed the order of the a giant of the law who challenged us reads like a propaganda broadsheet for two students in the photo. It should have in ways that still resonate—and still the various misguided causes of the read: “Professor Deborah Anker LL.M. ’84, reward. left. These are not “progressive” issues HIRC director, with Gianna Borroto ’11, Vaughn A. Carney ’71 but reactionary ones; the children of Defne Ozgediz ’11 and Sabrineh Ardalan, Stowe, Vt. the ’60s never learned or accepted that clinical instructor.”

† WRITE to the Harvard Law Bulletin, 125 Mount Auburn St., Cambridge, MA 02138; email [email protected]. Letters may be edited for length and clarity. OFFICE HOURS

Connecting About Interconnectedness Committee on Capital Markets Regulation OFFERS STUDENTS THE CHANCE to whisper in the Treasury secretary’s ear

Since the financial crisis hit, HLS Professor Hal Scott and the

Committee on Capital Markets Regulation, an independent “At Harvard research organization which he directs, have been working Law you always see students who double time making recommendations on financial regulatory have unbelievable capabilities in the reform through white papers, major reports areas that they IT’S THE MOST and testimony before Congress. Supporting are interested INTERESTING TIME TO BE Scott and the committee is a team of dedicated inin. ” WORKING ON ISSUES OF student research assistants. For some of those FINANCIAL REGULATORY students, the work has been an education in REFORM its own right—and one that couldn’t be more relevant to their past or future careers. a

Peter Zuckerman ’12, Conor Tochilin J.D./M.B.A. ’12 and Professor Hal Scott

PhP otographs by webb chappell OFFICE HOURS

Peter Zuckerman ’12 came to law rewritten. So the committee has a very formed, he has employed more than school after two years at Deutsche important role.” 50 research assistants to help with its Bank. The Committee on Capital work. “At Harvard Law, you always In his 1L year, he contacted Scott Markets Regulation was originally see students who have unbelievable about working for the committee: “As formed in 2006, by then-Treasury capabilities in the areas that they are someone who traded derivatives, I Secretary Henry Paulson, to focus interested in,” he says. But he calls the thought I could be of some use,” he on competitiveness—how to reform three who came to him directly from says. He researched that subject last the rules so that U.S. pre-eminence Wall Street “phenomenal.” year. This year he has been focused on in the capital markets was not lost. He adds that one of the pleasures of the Lehman Brothers bankruptcy and In addition to Scott, it includes major working on the committee is engaging issues of interconnectedness. figures from regulation, financial with such students and pushing them “What interests me now is that we services and academia. But since 2008, to take their research further. are in a time when a lot of the rules its focus—and much of Scott’s—has Says Zuckerman: “Hal is … the sort for the financial system are being been directly related to the financial of guy who wants to make sure that he crisis, first through regulatory understands everything, and he pushes “Hal is recommendations leading up to the you until you get to the bottom of what- unremittingly passage of the Dodd-Frank Wall Street ever question you are working on.” interested in drillingdrilling down Reform and Consumer Protection Zuckerman gave the example of the on a subsubjject. ... Act and now through advising on its question of structured notes called ThThaatt’s’s wwhhat’at’s ffunun about implementation. “minibonds” that were central to the it.it.” For Max Jenkins ’11, who worked in Lehman Brothers bankruptcy. “Hal investment banking at Lazard before wanted to get to the bottom of what coming to HLS, “the massive, massive was going on with these things. It was shift toward reform” encapsulated very complicated, … and that was the in Dodd-Frank is of deep intellectual very point. No one did understand interest. He says it’s been a “riveting what was going on with them, and experience” to get to work with the that’s why they lost a lot of money.” But committee and in particular with Scott: after much back and forth, he was able “It has markedly shaped my time at the to give Scott an explanation. law school.” Tochilin and Jenkins told similar Jenkins, like Zuckerman, is stories. “Hal is unremittingly working this year on a study related interested in drilling down on a to interconnectedness and contagion: subject. Any explanation you offer “the idea that failure in one part of is always subject to a deeper level the financial system provokes panic of inquiry from him,” says Jenkins. behavior somewhere else in the system “That’s what’s fun about it,” he added. that is not directly connected.” “You can always go deeper in your Conor Tochilin J.D./M.B.A. ’12 understanding.” also came to HLS just as the crisis Another part of the appeal for the was breaking, after several years in research assistants is that the issues finance (most recently at a hedge fund). they are working on have such real- When he began researching for the world significance, says Zuckerman, committee, “regulatory and policy who came to law school to learn more issues were really front of mind,” about the emerging rules that are going he says. “It was the most interesting to govern the financial world, where possible time to be working on these he plans to spend his career. (He, like issues.” His many projects include Jenkins and Tochilin, is likely to return “recommendations about structural to Wall Street after law school.) improvements to the financial “It’s not just academic,” says Scott. regulatory architecture, in conjunction “This is a situation where I tell them I Max Jenkins ’11 with Dodd-Frank.” He calls his need a memo, and it’s going to result in work with the committee “a great a recommendation that the secretary experience—one of the best things I’ve of the Treasury Department is likely to done in graduate school.” pay some attention to.” Scott says since the committee was —Emily Newburger

4 harvardaarrvvavaraarrd law bulletin ssuuummermmmmemmmeer 220110 OFFICE HOURS The Ripple Effect Goldberg and students PROVIDE ANALYSIS to Gulf Coast Claims Facility administrator

This fall, Professor John Goldberg, a tort law specialist at Harvard Law School, unexpectedly found himself engaged in a research project that could impact the lives of WHO AMONG ALL THOSE thousands of Americans. And it needed CLAIMING ECONOMIC to be completed in a matter of weeks. LOSS AFTER THE BP OIL It started with a phone call from SPILL IS ELIGIBLE FOR Kenneth Feinberg, administrator of COMPENSATION? the Gulf Coast Claims Facility, the $20 billion fund set up by BP after the Deepwater Horizon oil spill in the Gulf of Mexico to compensate those who had lost property, jobss and income because of the spill. a

“There are no standing legal rules for how a fund like this needs to be set up.”

(From left ) Professor John Goldberg, Andrew Kaufman ’12, Deepa Alagesan ’12, Kostya Lantsman ’12 and Morgan Goodspeed ’12

summer 2011 haharvardrvardd lawlaaaww bbubulletillleleetintitinn 5 OFFICE HOURS

“It was heart- ening to see … “When you think of an oil spill, [Feinberg’s] you think of beaches being soiled,” drive to figure out what the law says Goldberg. “But not surprisingly is and what is there are ripple effects.” Feinberg fair.” had already been contacted by people from far outside the Gulf Coast region claiming to have lost income because of the spill. “There are no standing legal rules of possible claimants, and in the end, for how a fund like this needs to be set Goldberg concluded that to recover up,” says Goldberg. “And one of the under OPA, an individual needs to most important and difficult things Mr. have suffered economic loss because Feinberg is asked to do is figure out of damage to property on the use of who among all those claiming injury which her business relies. For example, would be eligible for compensation.” a hotel owner whose business abuts For guidance in setting up the a sullied beach ordinarily used by its BP fund, Feinberg wanted to know customers should be able to recover, who would be eligible to recover for even if the hotel owner doesn’t own or Benjamin economic loss if, instead of applying to Mundel ’12 lease the beach. the fund, they took their case to court. Goldberg stresses that his analysis That’s where Goldberg came in, is not binding on anyone, including along with five HLS students he Feinberg, and that “a judge tomorrow turned to for assistance. Working could say that we got the statute together, they provided in very short wrong.” But he adds that, under any order a detailed analysis of the scope plausible interpretation of OPA, a of legal liability for economic loss in large number of people who actually connection with the oil spill, based on suffered economic loss will not be able state and federal law, especially the Oil to recover because their losses are too Pollution Act of 1990. remote from the spill. Goldberg says the students who One of the highlights of the project assisted him were “fabulous.” Without for Goldberg and his assistants was them, the quick turnaround simply the opportunity to meet with Feinberg would not have been possible. And as law principles.” in person. The team spent an hour a professor of torts, Goldberg found The traditional rule, he explains, in Goldberg’s office discussing their the issues fascinating ones to explore holds that someone who suffers lost research and findings, with Feinberg with his assistants, all of whom had profits can’t recover for that loss unless vigorously pressing all of them to been students in his first-year Torts it is the result of physical damage defend and clarify their analysis. or Criminal Law to property that she owns Benjamin Mundel ’12, one of the five courses. What was at FEINBERG MET WITH or leases. OPA, by contrast, students working on the project, says stake, says Goldberg, THE TEAM, VIGOROUSLY extends liability. For example, it was a great educational experience to was “an old problem PRESSING THEM TO under the statute, a fisherman apply “the legal skills we’d learned in as far as the law of who is employed by the owner class to something that affected a lot of torts is concerned”: DEFEND AND CLARIFY of a boat damaged by the spill people and that we heard about on the who gets to recover THEIR ANALYSIS can recover his lost wages from news every day.” for economic a person responsible for a spill, Getting to discuss their work losses allegedly caused by someone’s even if the fisherman has no property with “the man the government calls careless actions, “but in a modern interest in the boat. whenever they need to figure out and politically salient context.” After “The statute clearly contemplates how to compensate those injured in the Exxon Valdez oil spill, Congress some connection between economic a national disaster,” says Mundel, enacted OPA “out of dissatisfaction loss and property damage, but not also made a strong impression. “It with existing tort law,” he says. “The ownership or rental. So what is the was heartening to see firsthand his whole point of OPA,” he continues, connection?” Goldberg asks. “Congress integrity and compassion for those “was to enable more oil spill victims never said, at least not explicitly. Our affected by the oil spill and also his to recover than could traditionally job was to solve that mystery.” drive to figure out what the law is and recover under judge-made common The report reviews a wide range what is fair.” —E.N.

6 harvard law bulletin summer 2011 OFFICE HOURS Taking an Idea and Running with It “It was nice Students spearhead a project proposing to do something that can have CONSTITUTIONAL REFORMS FOR BAHRAIN an impact on the real world while you’re ini school.”

This winter, as protests VVisitingg Professoro erupted throughout the Chiblib Mallalat with Moststafafa Middle East, Jason Gelbort Abdelkarim ’11, JasJ on GeGelbort ’12 was one of the many ’12 and Anjali obsessively watching the MohM ana ’12 news, wondering if there was anything he could do to help. Then, on March 2, he went to a talk by Chibli Mallat, the Custodian of the Two Holy Mosques Visiting Professor of Islamic Legal Studies at HLS. Mallat mentioned that he wanted to undertake a project on constitutional reform in Bahrain, which in recent weeks had been engulfed by pro- democracy demonstrations. (Mallat had been approached by opposition leaders in Bahrain and contacts in the U.S. State Department, who thought that a document outlining some possible constitutional reforms could be helpful on the ground.) Gelbort, co-wrote an essay highlighting their government cracked down, bringing who had worked the previous summer recommendations for proposed in troops from Saudi Arabia to help for the Public International Law & amendments to the current stamp out the protests, and cutting off Policy Group, trying to help build a constitution, including the following any chance of immediate change. (As new constitution in Nepal, volunteered reforms: establishing a democratically part of the crackdown, the government to help Mallat conceptualize and accountable executive role for the took over Al Wasat.) organize the project. The two recruited prime minister, balancing the powers Gelbort stresses that the project Mostafa Abdelkarim ’11, who, with of the prime minister and the king, was intended to inform a compromise other students, had just helped Mallat increasing democratic accountability and offer an entry point for dialogue. with proposed reforms to Egypt’s through the legislature, and ensuring “We have to realize that we’re outsiders Constitution. They also reached out judicial independence. and that these will be decisions made to Anjali Mohan ’12 and about two From Mallat’s perspective, he and by people there,” he says. He still dozen students from the Kennedy the students together accomplished hopes that their work will someday be School and the Fletcher School of work that he never could have on his disseminated in Bahrain. For now, they Law and Diplomacy, among other own. “It was wonderful. They took have published their recommendations schools. For six days the group the idea and ran with it. ... It was a in the Virginia Journal of International researched and drafted options for process I don’t think I could have done Law Online and posted their constitutional reform of Bahrain’s anywhere else in the world,” he says. background papers on Mallat’s repressive monarchy, along with seven The group sent the documents website, Right to Nonviolence. “It was background papers on topics such as to Mallat’s contacts and had them nice to do something that can have an the process of constitutional change translated into Arabic, in the hopes impact on the real world while you’re and examples of transition. that they could be published in in school. That’s something we were all Gelbort served as editor and Bahrain’s lone independent newspaper, hoping for,” says Gelbort, “and are still project manager, and he and Mallat Al Wasat. But days later, the Bahraini hoping for.” —Katie Bacon

Photograph by webb chappell summer 2011 harvard law bulletin 7 ACCESSING JUSTICE

How Judges Decide A clinical course puts students IN CHAMBERS

By Elaine McArdle Allison Lukas ’11 Arraignments on drug with Associate charges. Judge Sabita Restraining orders in cases of domestic Singh of the Massachusetts violence. Default judgments on overdue District Court credit card payments and appeals on speeding tickets. When Judge Sabita Singh, an associate justice on the Massachusetts District Court, presides over these and a wide range of other civil and criminal matters, Allison Lukas ’11 is there. Lukas is a student in Judicial Process in the Community Courts, a clinical course in which HLS students are placed in internships with judges in the Boston area—including in district court, municipal court, juvenile court and housing court, and the federal district court in Boston—and meet each week for a seminar that integrates their experiences with discussion about major themes in community courts. “It’s been incredible having such unique access to the inner workings of the courts and the internal processes of a judge,” says Lukas, who will be clerking for federal Judge John A. Woodcock, chief judge for the U.S. District Court in Maine, before joining Weil, Gotshal & Manges’ Boston office. Singh sits on the District Circuit Court, which puts her in a different courthouse nearly every day, from Somerville to Salem, from Lowell to Medford. “It’s THE STUDENTS GET and draft an appellate- bench herself one day. been a fantastic opportunity UNIQUE ACCESS TO level opinion for the Her classmate Zachary Zwillinger for me to not only see judge. “It’s endlessly ’11 is equally enthusiastic about the how the district courts JUDGES, AND THE fascinating to me to see course. Every Tuesday, he takes the work generally, but also to COURTS GET MUCH- how the stories unfold T to Dorchester to observe Judge compare and contrast the NEEDED HELP when observing the wide Rosalind Miller, first justice of the courts in each community,” range of people who visit Dorchester division of the Boston Lukas adds. Singh also the community courts—a Municipal Court, which primarily sits on the appellate division of the lot of cross-sections of society we don’t handles minor criminal cases. Massachusetts District Court, which regularly see as students here,” says “For the students, being in a court gave Lukas the chance to research Lukas, who hopes to step onto the like Dorchester, in particular, is a

8 harvard law bulletin summer 2011 Photograph by jessica stern AT MAIN JUSTICE, AN ADVOCATE FOR MAIN STREET A venerated Supreme Court practitioner makes it his mission to expand access to the lower courts

Professor Laurence Tribe ’66, who has handle class-action suits been teaching at HLS for four decades, or to represent certain is back in Cambridge after nine months clients. But, he adds, “One as the fi rst head of the new Access to of the greatest frustra- Justice Initiative at the Department tions of the position was of Justice, launched in March 2010 to that it is not easy to get improve access to justice for all, the things through Congress.” middle class as well as the poor. Tribe Tribe says he was left the post in December to continue honored when Presi- treatment with his physicians in dent Barack Obama ’91 Boston for a benign brain tumor, first appointed him to head diagnosed in 2008. the new initiative. “One Although his DOJ tenure was brief, theme of the election was Tribe says the initiative is on firm that there is a real crisis Professor footing with a staff of six excellent in the American justice Laurence Tribe ’66 lawyers, and he expects his successor system that might be less as senior counselor to be announced visible than other crises soon. It has already begun a number of we face, but that is fundamental, given stern letter to a landlord who won’t projects to fulfifill its mission, includ- the constitutional guarantee to equal clean up a problem with mites, rather ing working with the Department justice for all,” says Tribe, who has ar- than giving the person expensive of Commerce to deploy broadband gued 35 cases before the U.S. Supreme medications for asthmatic conditions,” technology in Washington and North Court, including the historic Bush v. he says. “Finding ways of creating Carolina to make vital resources like Gore case on behalf of presidential partnerships in a community-based legal services accessible to people candidate Albert Gore Jr. “President context is both a great challenge and a who are in remote locations or can’t Obama and Attorney General Holder great opportunity.” afford them. It is also working with the sensed it was crucial that the prob- The initiative, he says, also serves Vice President’s Offifi ce and the Offifi ce lems in accessing equal justice must be a vital function in highlighting things on Violence Against Women to forge addressed even though they can’t be that work in the system, and focusing partnerships among law schools, legal solved by quick fixes.” a critical spotlight on those that are services providers, and law firms in Such a focus in the Justice Depart- “pernicious.” For instance, he notes, Baltimore and New Orleans to assist ment has been needed for a long time, “Railroading juveniles through the domestic violence victims, and it has a Tribe believes, because overworked system without any legal advice and number of other partnerships and proj- public defenders often carry caseloads accepting deals they struck without ects in the works. “All of these things that are “much too heavy to provide their knowing that it might derail their are still in the embryonic stages,” a meaningful defense,” while middle- lives is a practice we are able to reduce he says. “But I’m excited at the fact class and low-income litigants have simply by highlighting it.” these efforts are blossoming, and I trouble navigating the civil justice “I’ve cared all my life about the think they will represent an important system. “I think we as a country have problems of people being unjustly beginning.” pushed that problem under the rug treated,” Tribe says. “I thought, after 40 Tribe hopes and expects that the and not given it the focus it deserves,” years of academic life, with occasional initiative will work with Congress to he says. While changing that is a tall forays into arguing Supreme Court lift certain restrictions on the Legal order, Tribe believes it can be done. cases and helping countries draft their Services Corporation, which receives “We were inspired by medical-legal constitutions, this was an opportunity federal funding to provide civil legal partnerships, where people who come to help make a concrete difference in services to the poor. He says the Legal into the emergency room or neighbor- people’s lives. I believed it would be Services Corporation has been “unduly hood clinic might end up having prob- very satisfying to be involved in that restricted” because it isn’t allowed to lems that can be solved by a legally process, and I was right.” —E.M.

summer 2011 harvard law bulletin 9 don’t have law clerks and, with the current financial constraints, are unlikely to do so despite their often crushing workloads. “It’s a win-win,” says Cratsley. “The judges get volunteer legal assistance, and the students get to see the first level of our court system and the many urgent issues, from drug abuse to domestic violence to street violence.” He is particularly pleased with students’ reports that the judges take the teaching role very seriously, while students see the nitty-gritty of how courts really work and hone their research and writing Zachary skills. Zwillinger ’11 with Judge The classroom component Rosalind Miller provides an additional of the Boston Municipal Court, dimension that postgraduate Dorchester clerkships don’t offer. The seminar covers a range of subjects from sentencing THE STUDENTS SEE policies and philosophies to very, very different kind of THE NITTY-GRITTY OF New York City office. judicial ethics, from new approaches to experience,” says Miller. HOW COURTS REALLY “Law school is great at juries—such as allowing them to take “We’re a very busy court teaching students how notes or ask questions of witnesses— with a lot of interesting WORK AND HONE THEIR to analyze situations, to to specialty courts including drug issues; much of what we do RESEARCH SKILLS weigh the strengths and and mental health courts. Students on a daily basis are Fourth weaknesses of particular write a paper rooted in the work they Amendment search and seizure issues, positions, and to advocate one over do for their judges. “Judge Cratsley those con law questions they study the other,” he says. But the classroom actively encourages us to present any back at HLS.” “doesn’t really teach you how to make relevant observations we’ve had in Zwillinger watches Miller and her decisions,” he says, something these our ‘fieldwork,’ as he calls it,” says fellow judges handle trials, probation judges do dozens of times each day. Lukas. “Hearing other students’ revocations, and motions, and then “Watching and learning how to make comments, usually about proceedings heads with them to the judges’ decisions is what sets my experience in they observed that same week, greatly chambers to discuss why they made this clinical apart from the rest of my enriches these discussions.” the decisions they did. law school experience.” Among the 16 clinical students in “Through my research and writing, This is exactly the sort of the course are two LL.M. candidates I’ve learned about different areas of educational opportunity envisioned who are judges themselves, one from Massachusetts evidence law,” he says, by Judge John C. Cratsley of the Japan and the other from Korea. “They “and also learned how cases move Massachusetts Superior Court when he add quite a bit of conversation in class through the lower-level Massachusetts launched the clinical course four years about different court systems, so it’s a courts.” But what has been most ago. “There is nothing in the traditional really good comparative discussion,” valuable has been talking with the curriculum about judicial decision- Cratsley says. The course has proven so judges and getting insight into how making, about how courts run,” says popular, with a long waiting list, that they think, according to Zwillinger, Cratsley, who has been on the bench next year he’s expanding enrollment who will be clerking for Judge A. for 34 years, including 10 years in the to 20. Meanwhile, says Cratsley, “I Joe Fish of the U.S. District Court District Court in Roxbury. get judges stopping me on the street, for the Northern District of Texas His proposal came at a critical asking, ‘Can I get one of your students before joining Dewey & LeBoeuf’s time: Most judges in Massachusetts next semester?’” P

10 harvard law bulletin summer 2011 Photograph by jessica scranton OUTSIDE THE CLASSROOM

The Delta Force A collaboration between HLS and local organizations seeks to TRANSFORM A REGION

STUDENTS working on the HLS Mississippi Delta Project visit Shack Up Inn to hear about what it takes for a business to be successful in the region.

By Elaine McArdle Eleanor Simon ’11 when she living in poverty. And the farmland and flat terrain In Oxford, Miss., the first visited the Mississippi Delta region—which also that stretches for miles. home of William Faulkner, Delta this past winter term. includes parts of Arkansas, Where others see the courthouse stands “I’ve traveled Louisiana, Tennessee and entrenched problems, gleaming white in the internationally to a lot of other states—is among the HLS Mississippi center of a vibrant town, places that are poor,” says the hardest hit, with few Delta Project—an surrounded by upscale Simon, “but the poverty jobs, failing schools, and interdisciplinary effort boutiques and restaurants. in the Delta is striking. It’s an epidemic of obesity and in the HLS Clinical and Not far away, in towns really, really poor.” other health issues. It is also Pro Bono Programs— across the Delta, the Mississippi is ranked a place rich in history, the sees opportunity for courthouses are shuttered dead last among the 50 birthplace of the blues, and transformation. Since and in ruins, the shops states on a number of home to many renowned launching less than three closed down, the squares social indicators, including writers and musicians. years ago, the project has deserted. It’s that stark infant mortality, teen It has its own distinctive made strides in improving juxtaposition that struck pregnancies and children beauty, Simon notes, with public health, promoting

Photographs by jack catlette summer 2011 harvard law bulletin 11 Delta resident Samuel Pollard (top left), one of economic development and the many clients assisted by the HLS Mississippi Delta assisting children in the Project, gets some licensing questions answered; Tom Ferriss J.D. ’11/Ph.D. candidate (middle) provides legal Delta. So far, more than 100 advice to owners of a woodworking business; Senior HLS students, including Delta Fellow Emily Broad ’08 helps with questions from Simon, have worked on a entrepreneurs; and Ashley Nyquist ’12 and Jeremy Haber J.D./M.B.A.’13 speak with a client about his business in wide range of efforts related Clarksdale. to food policy, financial services for low-income households, education and neighborhood revitalization. Born from an idea of Herbert S. “Pug” Winokur Jr., the project is funded through the Winokur Family Foundation, which supplements support from the Mississippi State University’s Social Science Research Center. “It seemed to me that there are so many economic development and health collaboration, property attorney, created problems in the Mississippi HLS Clinical a guidebook on the legal Delta that mirrored Professor Brian rights of musicians and problems that exist in many Price, director of artists, and presented a developing countries,” says the Transactional free training session for Winokur, who holds an Law Clinics, musicians about legal issues undergraduate degree, a traveled to that was videotaped so master’s and a Ph.D. from Oxford last others can view it, too. Harvard. “If we can figure summer to help Broad, now the senior out how to work on health the University Delta Fellow at HLS working disparities and other issues of Mississippi through the Health Law & there, maybe we would not School of Law Policy Clinic, supervises only help those in the Delta Clarksdale, Miss., to pull start the state’s first student projects in the Delta, but people in other parts of together organizations and transactional law clinic. many of which are focused the world.” resources in Mississippi HLS students provided on food policy issues. This The project supports and at Harvard. Emily free legal services that have year, she helped launch a two-year fellowship for Broad ’08 was named the helped small businesses get a food policy council in an HLS graduate to live in first Delta Fellow, and off the ground, including a Mississippi and worked under her leadership, husband-and-wife custom with students drafting a Delta Directions, a woodworking shop, a family bill in Arkansas to protect ClClinicalASSISTANCE consortium of partners homemade soap business, small farmers from unfair in Mississippi and at an organic chicken farm and competition. Students have Harvard, was launched. two restaurants. also drafted legislation to HLS clinics and student groups involved in the Delta Project: In addition to HLS, This March, another exempt farmers markets it includes Mississippi group of HLS students from the Mississippi sales The Health Law & Policy Clinic State University, Delta traveled to Clarksdale over tax that has been signed into The Transactional Law Clinics State University and the spring break to work with law as well as landing an University of Tennessee the current Delta Fellow, important regulatory change The Harvard Negotiation & Mediation Clinical Program Medical Center as well Alexis Chernak ’10, and enabling state farmers as the Harvard School with students from the markets to accept food The Child Advocacy Program of Public Health. A University of Mississippi stamps. Harvard Negotiators number of HLS clinics School of Law to provide “People are so

A student practice organization, and student practice free legal assistance to area appreciative of our work,” co-chaired this year by Eleanor organizations are also musicians. The students Broad says. “I have dozens of Simon ’11 and Jared Policicchio ’11 participating. met with blues musicians emails right now thanking As part of this and with a local intellectual us for all we’re doing.” P

12 harvard law bulletin summer 2011 ON THE BOOKSHELVES

Escaping the Leviathan’s Shadow Benkler makes the case for “PROSOCIAL” SYSTEMS DESIGN

By Julia Collins of a controlling state,” says Benkler, (1776), which assumes that “by each For generations, the assumption which ever since has cast its shadow pursuing self-interest, we make things that selfishness drives human behavior over social contracts, spreading better for all of us,” not because we has shaped the design of social the dire message that “if left to our care for one another but because it is systems in which we live and work. In own devices, we’ll be at each other’s mutually advantageous. his forthcoming book “The Penguin throats.” Overlaying this The financial and the Leviathan: The Triumph Hobbesian model of state “WHEN YOU TRY TO meltdown of 2008 has of Cooperation Over Self-Interest,” control is the market- BUILD A SYSTEM helped dethrone this Harvard Law Professor Yochai oriented Invisible Hand view of humanity, Benkler ’94 rejects this assumption as metaphor, introduced by WHOLLY ON SELF- demonstrating, as a “myth” and proposes an alternative, economist Adam Smith in INTEREST, YOU END UP Benkler puts it, “that refreshingly optimistic model that “The Wealth of Nations” WITH DISASTER.” when you try to build asserts our human traits of cooperation and collaboration. The study of cooperation is on the rise, says Benkler, an expert on the role of networks in business and society. In “The Penguin and the Leviathan,” due in August from Crown Publishing, he draws together strands of research by neuroscientists, evolutionary biologists, management experts, computer scientists, software designers and others— along with vivid examples of prosocial behaviors observed in many cultures and corners of society, from Maine lobstermen to the British blood-banking system—to demonstrate that people already “act far more cooperatively and fairly than the old model would have us believe.” This “old model” harks back to 1652, when philosopher Thomas Hobbes published “Leviathan,” arguing for rule by absolute sovereignty. Hobbes unleashed a monster, the “iconic image

Illustration by ellen weinstein summer 2011 harvard law bulletin 13 ON THE BOOKSHELVES

Checks and a system wholly on self-interest, main elements—among them Imbalances you end up with disaster.” Over communication, unsurprisingly, as the last decade a flood of new well as “framing” and authenticity. Vermeule and research in far-flung disciplines— Empathy and solidarity are Posner are bullish such as practical management, requisites for recognizing the on software design, psychology humanity of others and expanding EXECUTIVE and evolutionary biology—has one’s sense of identity to include POWER produced “precise and refined them. The right kind of leadership, work that tells us what we teach too, is essential to adapt to a Defending strong executive power kids all the time: We care about cooperative focus. (He cites the is nothing new for Professor Adrian doing what’s right, intuitive example of Robin Chase, founder Vermeule ’93. It is a theme he and and fair.” While such diverse and former CEO of Zipcar, the co-author Eric A. Posner ’91 first ex- practitioners “don’t tend to cite or car-sharing company, whose plored in their 2007 book, “Terror in read each other,” Benkler notes, communitarian views shaped the Balance.” Now, in their latest col- independently all are reaching the Zipcar from its business model laboration, “The Executive Unbound: same conclusions: Designing social to its communications.) Also After the Madisonian Republic” systems according to the “carrot- important: taking into account (published by Oxford University and-stick approach no longer values, notions of fairness, and Press this spring), Vermeule and makes sense,” and the “material social “norms” for how people Posner set out to explain why the self-interest focus has run its perceive things should work. traditional sepa- course.” This is not to say that Pockets of sound prosocial rations of power self-interest should not play a part, design already exist all over, confifi ning the execu- but it is too flimsy a scaffolding to Benkler points out, and tive have weakened support a social system. enlightening examples populate over time—and why Here’s where the “Penguin” his book: Toyota’s famous NUMMI that’s not neces- of Benkler’s title waddles in. plant in Fresno, Calif., with sarily worrisome. Benkler has borrowed “Tux,” the its revolutionary cooperative Vermeule explains ubiquitous mascot of Linux, the management and production that the book was an opportunity to free and open-source operating processes; Southwest Airlines, “distill, elaborate and modify” ideas system, as his book’s symbol for which has turned teamwork and that he and Posner have been work- massive collaboration. He also egalitarianism into consistent ing on together and separately for cites the example of Wikipedia, the profits in a beleaguered industry; years. Below, he answers six ques- online encyclopedia that anyone the online community of tions from Seth Stern ’01. can access and edit and improve, volunteers, activists and donors which has exploded online from at My.BarackObama.com, who HLB: Are fears of tyranny—what you upstart experiment to everyday propelled the Obama presidential label “tyrannophobia”—on left and resource shared by millions. “I campaign to victory; Radiohead’s right overblown? Is everyone un- spent a lot of time in the first half of pay-as-you-wish downloading necessarily anxious about executive the last decade just getting people platform that put faith in their fans’ power? to accept that Wikipedia and its readiness to compensate fairly—the Adrian Vermeule: Many people are. like are not passing fads,” Benkler list is long. A striking feature of American says. “Now we need to see that Packed with stories and political and legal discourse is Wikipedia’s underlying human crisply summarized evidence, that both left and right are anx- motivations are not unique to the “The Penguin and the Leviathan” ious about executive power and Net.” leapfrogs disciplines, connecting the policies that the imperial ex- The challenge is to incorporate the dots from Hobbes to John Seely ecutive pursues, but on different prosocial—i.e., caring about Brown. This little book starring issues: The left is typically anx- and acting for the common the Penguin reaches out to general ious about counterterror policy good—motivations into human readers to urge a better, more and (putative) civil liberties; the systems design. What does complex and therefore more fully right is anxious about the regula- this entail? The last chapter in human design for the systems we tory state and infringements of Benkler’s book summarizes the all inhabit. P (putative) property rights. Para-

14 harvard law bulletin summer 2011 doxically, on any given issue there is presidential emergency measures, and the long run. In the short run, often a sufficient political coalition more unilateral regulatory action by executive power waxes and wanes to sustain broad executive power, the executive and more presidential with the ebb and flow of politics and even though many believe in some control of the congressional agenda. the state of the policy environment, abstract sense that executive power including things like public is too sweeping. Do courts get more credit than they perceptions of terrorist threats and deserve for acting as an effective the performance of the economy. In You describe “tyrannophobia” as a check, particularly in the context of the long run, however, executive central element of American political the post-9/11 war on terror? power has tended to expand over culture since the nation’s founding. One of the main props of expansive time. An analogy is to the stock Are the recent comparisons of both executive power is that the executive market, which fluctuates up and former President Bush and President is the least dysfunctional branch. down but systematically trends Obama to Hitler consistent with that Courts do get more credit than upward when viewed over long time aspect of our political culture? they deserve. When a case like slices. Certainly. But these are just extreme Boumediene [granting habeas rights examples of familiar tropes; to Guantánamo detainees] hits the You argue that political constraints comparisons between American headlines, people fail to realize that matter more than legal ones. How presidents and foreign monarchs or there is a large gap between judicial does public opinion act as an effective dictators are as old as the hills. rhetoric and the reality of judicial constraint on the modern president? action on the ground. As we detail, A paradox of the presidency: Why has the center of gravity in after Boumediene, the courts have Despite their sweeping legal powers, American political life shifted to the actually done surprisingly little all modern presidents and their executive at the expense of Congress to oversee executive detention at advisers are slaves to opinion polls and courts? GTMO, Bagram and elsewhere. and other measures of ambient The book answers this at length. public opinion. Partly this is an In brief, the increasing rate of Is the shift permanent and has it inten- effort to anticipate the next round change in the policy environment, sifi ed since 9/11 and the 2008 economic of elections, but it is also an attempt combined with individual and crisis? And might the balance reset to burnish the president’s legacy institutional incentives on the part of should the economy improve or the and more generally to lead from the legislators and judges, has resulted war on terror ease? front. For the most part, presidents in delegations of ever-increasing There are two different time scales can take the crowd only where it is scope, ever-increasing deference to one might examine: the short run willing to go. P

Illustration by ellen weinstein summer 2011 harvard law bulletin 15 ON THE BOOKSHELVES

What Kind of Difference They Made Glendon LOOKS TO HISTORY to inspire graduates considering a career in public life

In her long career as a law professor, Mary Ann Glendon has seen students struggle to stay idealistic in an imperfect world. Will they lose their moral compass if they choose a life in politics? Risk irrelevance if they stick to academia? Glendon, a former U.S. ambassador to the Vatican, who teaches subjects ranging from comparative constitutional law to political

philosophy, has explored HLB: You write that your book came But in fact he didn’t. Mike waited how great statespersons and from observing your students. Can until he and his wife, Susan, had philosophers grappled with you say more about that? raised their son and assured a similar questions. Their stories Mary Ann Glendon: Over the sound financial footing for the inform a new book, which years, a considerable number family. This past November, he Glendon discussed with the of the students I have known at was elected to the U.S. Congress Boston College, University of from the 4th District of Kansas. Bulletin this spring, “The Forum Chicago and Harvard law schools and the Tower: How Scholars have gone on to realize their Does your book raise the question, and Politicians Have Imagined political ambitions. But what What does it mean to make a dif- the World, from Plato to Eleanor has always haunted me is that ference? Roosevelt” (forthcoming from many others who came with that If there is one preoccupation that Oxford University Press in July). idea—including some of the most appears more than any other in intelligent, principled and public- the personal essays that students spirited—changed their minds by submit with their law school the time they graduated. applications, it is “Will I make One student I had in mind was a difference?” But everyone will a former research assistant, Mike make a difference, whether he or Pompeo ’94. When he arrived she means to or not. So the more here after graduating first in his sobering question is what kind class at West Point and serving of difference one will make. And with distinction as an Army on that point, the yield of the officer, he was bent on going biographies in my book is quite into politics. When he went into mysterious—for hardly any of business instead, I felt real regret the protagonists ever imagined to see yet another young person the sorts of influence their work of great integrity and ability would have in years to come, and swerve from his original path. many were strikingly mistaken.

16 harvard law bulletin summer 2011 Illustration by ellen weinstein SUMMER Reading List Nine faculty share their picks

The poet Rainer Maria Rilke famous- where people most desire to see Clinical Professor Robert Bordone ’97 has already ly admonished a young student to how others have struggled, and started on Jonathan Franzen’s novel “freedom,” “have patience with everything un- to what extent they have failed or a book that is “wonderful for conflfl ict resolution resolved in your heart” and not to succeeded. It is fascinating, for types.” And he is looking forward to the all-new 3rd edition of Professor Emeritus Roger Fisher ’48 and search for the answers, but to “live example, to see Cicero wrestle William Ury’s classic, “getting to yes.” your way into the answer.” Is your with the difficulty of deciding book delivering a similar message? what to do when, as he put it, Professor Charles Fried will be reading “how to live: Yes and no. I am sure that “apparent right clashes with or a life of montaigne in one question and twenty philosophers and statespersons, apparent advantage,” and second- attempts at an answer” by Sarah Bakewell, Fritz as well as poets, benefit from the guessing or berating himself with Stern’s “five germanys i have known,” and Proust. ability to hold the full complexity the benefit of hindsight. of a question in their minds. Professor Michael Klarman is looking forward to The political philosophers One theme of your book is that the Eric Foner’s “the fiery trial: abraham lincoln and profiled in my book, however, world of the philosopher is not free american slaveryy,” Christopher Tomlins’ “freedom bound: law, labor, and civic identity in colonizing were too driven by the Eros of of politics, and the world of the english america, 1580-1865,” and “campy: the two the mind to merely “live the politician is not free of philosophy. lives of roy campanella” by Neil Lanctot. questions” without searching Perhaps Plato put it best when for answers. And what sets he chastised both the man of Eric Foner’s “the fiery trial” also showed up political actors apart from poets action who never looks beyond on Professor Kenneth Mack’s (’91) list, along and philosophers alike is that immediate concerns and the with Manning Marable’s “malcolm x: a life of the latter can be as patient as scholar who keeps his head in reinvention,” Daniel T. Rodgers’ “age of fracture,” they wish, but [political actors] the clouds. The man who has and “beyond the formalist-realist divide: the role must decide and act, often on “knocked about from youth in of politics in judging” by Brian Z. Tamanaha. imperfect information, and take the law courts,” says Socrates Among Dean Martha Minow’s picks are Antonio responsibility for their decisions in the “Theaetetus,” “acquires Damasio’s “self comes to mind: constructing the and actions. a tense and bitter shrewdness, conscious brain” and Tolstoy’s “war and peace” but his mind is narrow and (Briggs’ translation). You have taken care to show when crooked. … He passes from youth the statespersons and philosophers to manhood with no soundness Professor Mark Roe ’75 will also be reading in your book held personal doubts in him and turns out, in the end, Jonathan Franzen’s “freedom” as well as Ron about their paths in life. Why? a man of formidable intellect— Chernow’s “alexander hamilton.” I think it is precisely in the in his own imagination.” His Professor Carol Steiker area of doubt about one’s own warning to philosophers was ’86 is looking forward to Seth Stern ’01 and Stephen Wermiel’s vocational direction and in the that they should attend to public “justice brennan: liberal champion,” Pauline difficult borderland between affairs not only out of civic duty, Maier’s “ratification: the people debate the political and moral compromise and not only to stay grounded constitution,” Isabel Wilkerson’s “the warmth in reality, but also—and just of other suns: the epic story of america’s great as importantly—to assure the migration,” Avi Steinberg’s memoir of serving as a maintenance of conditions prison librarian: “running the books,” and Israeli under which intellectual life can novelist David Grossman’s “to the end of the land.” flourish. For Professor Alan Stone, a rereading of “the man without qualities,” by Robert Musil, “the neglected If you were in charge of assigning giant of European literature,” is at the top of his list. this book a category in a bookstore, where would you shelve it? Biogra- Professor Jeannie Suk ’02 will be reading phy? Intellectual history? Politics? Siddhartha Mukherjee’s “the emperor of all All three. Best-seller would be maladies: a biography of cancer” and rereading nice, too. Marcel Proust’s “a la recherche du temps perdu.” Excerpted from an interview by MARY ANN GLENDON Jeri Zeder

summer 2011 harvard law bulletin 17 ON THE BOOKSHELVES NOW ONLINE Historic Failure “Andrew Johnson” by Professor Connecting Across Annette Gordon-Reed ’84 Classrooms and Across Oceans Part of the time of great na- United States left the United American Presi- tional upheaval, and solidify the States with a dents Series, Abraham Lincoln rights of African- leader whose Zittrain explores this volume, was the perfect Americans, she defifi ning per- excerpted below, fi t to reconnect writes. But his sonal traits were the case for A NEW examines the the divided untimely death “preternatural KIND OF CASEBOOK life and political stubbornness career of Andrew and racism.” Johnson, pos- Gordon-Reed’s sibly the nation’s book is a criti- worst president, cal analysis of according to Gor- how Johnson, don-Reed. At a who escaped

removal from JONATHAN ZITTRAIN ’95 offifi ce by just THE NEW YORK TIMES THE NEW YORK / one vote, failed A common lament of law { EXCERPT } the country at a students is that casebooks crucial historical ANNETTE GORDON-REED ’84 are expensive and heavy. ICOLE BENGIVENO

N moment. Others say they are static and slow to evolve. Professor Jonathan Zittrain “Andrew JoJ hnson was a different sppecimen ’95 has set out to address altogether, a near pollar opposite off Liincolln in both complaints. Co- his leadership style and temperament—even founder of the Berkman thhoough on the surface he and Lincoln had much Center for Internet & inn common. … But what made the differennce Society, Zittrain is leading bbettween them? Why was Lincoln the right a team to create an mmaan at the right time? Why did Johnson fail alternative casebook that is so miserably when fate handed him the reins free, online and remixable. of power? Lincoln tops almost every list oof the It’s just one aspect of the ggreeatest American presidents, admired by Berkman Center’s suite coonnservatives and liberals alike. Johnson, on the of classroom tools called othher hand, is almost always found among the H2O, which also includes the wwoorst, if not worst—the man who botcched functions for editing RReconstruction, who energized and gave aid and and annotating cases, coommfort to the recently defeated enemies of the aggregating materials, and UUnnitedd StStates, t ththe fifirst t president id t tto bbe iimppeachedd facilitating in-classroom bby the House of Representatives, escaping back channel and out-of- coonnviction by a hairsbreadth, one vote, in the class discussion. Current SSennate. America went from the best to the worst casebook user and Bulletin inn one presidential term.” reporter Jill Greenfield ’12 Copyright 2010 by AnnetteGe Gordonon-Reedd. Published in spoke to Zittrain about the 2010 by Henry Holtlt andCd Co. project.

18 harvard law bulletin summer 2011 THESE TOOLS ARE to see omitted portions of ENVISIONED FOR edited cases, can create ANYONE WHO WANTS questions about workload. The transition to the online TO BUILD COMMUNITY casebook has illustrated AROUND AN IDEA that it is not just about technology—it’s also about norms and practices. syllabi into a basket, like shopping on Amazon.com, Do you see this platform and then edit to taste, as having other uses outside much or as little as desired. academia? We might see, through micro These tools are envisioned adjustments, a sort of macro for anyone who wants to evolution. There can be new build community around canons formed one step at an idea. Ultimately what a time. Genealogies can be I would like to see built is automatically maintained so a way for people of good that professors can see who faith who want to get to the is influencing whom—a coin bottom of a complex and of the academic realm. rapidly evolving issue to put their questions on the table You have assigned the online and have them answered casebook to your Torts class with degrees of varying this year. How is it working in authority. I can see that practice? being useful in a law school It’s a transition. Some environment, where you’re students like it; some don’t. learning to argue and back One of the anchor points it up with facts, and it will Why did you develop the oceans. That may expose in a first-year class is that be beneficial to the world at project? students to comparative students know exactly large where “truthiness”— We wanted to allow viewpoints that would what reading is assigned. arguing from predetermined students to be exposed to otherwise be the subject of Materials that are more outcomes with little regard the viewpoints and ideas a comparative law class that open-ended, as on H2O, for facts or argument—too of students not even in the many students might not where students can click often holds sway. P classroom, who may be take. studying the same text at the same time within a different What effect can you see this legal culture. The cases are having on legal education? all in the public domain— It can create a means for THE BERKMAN CENTER’S from the courts—so rather natural evolution of a suite of classroom than have them in a bound curriculum. The reason tools called casebook, students can see we don’t teach law classes H2O includes the case, annotate it, share off the beaten path is that functions for editing and those annotations with their there are no casebooks annotating study group or classmates, for unusual combinations cases, see last year’s annotations, of topics. There might be aggregating materials, and and the professor or other material in the curriculum facilitating students can critique those that is there only because in-classroom notations. Where it happens of inertia, not because it’s back channel and out-of- to coincide with another classic. With a flexible classroom class anywhere in the world digital platform, a professor discussion. that’s studying that case, can easily drag and drop the critiques can go across edited cases from others’

Illustration by david pohl summer 2011 harvard law bulletin 19 BILLBOARD

We Knew Her When … Former client of HLS clinic WINS GRAMMY

“She is super am still satisfied with talented,” he says, “a my same manager fun-spirited person, (remember it was that exuberant but contract you were serious,” whose star working on!!!),” she quality was obvious wrote, with a smiley face from the moment punctuating her email. he listened to sound Spalding, 26, has had clips on her website. soaring success in the Price, director of the past few years: Her 2008 HLS Transactional album, “Esperanza,” Law Clinics, and his was on the Billboard then-student Kevin Contemporary Jazz Mosher ’06 represented chart for more than 70 Spalding five years ago, weeks, and she’s had just after she graduated two performances at the from Berklee College of White House. Price was Music. A jazz musician watching the Grammys who sings and plays when Spalding won. the bass and other “She’s truly a unique, instruments, Spalding once-in-a-generation was looking to sign on artist,” he says. with a management Under Price’s company in Spain and supervision, HLS needed legal help with students in the the contracts. Transactional Law Price and Mosher Clinics and the worked with Spalding associated student to review and revise the practice organization, proposed management the Recording Artists agreement. Mosher Project, assist about 30 got experience in musicians a year with

S client counseling and recording, management, E G contract drafting, while publishing, and ETTY IMA

G Spalding got legal licensing agreements advice that has stood plus endorsement When Esperanza Spalding won the Best the test of time. contracts, company New Artist award at the 2011 Grammy When Price contacted formation and related Spalding to congratulate legal matters. The Awards last February, Clinical Professor her, she emailed him clinics also work with Brian Price wasn’t at all surprised—he back just days later, entrepreneurs and small had long predicted that the former client despite the media crush businesses on a variety of his HLS clinic would hit it big. accompanying her win. of transactional matters. “Wow, thank you for —Elaine McArdle your generous help all those years back! I

20 harvard law bulletin summer 2011 HEARSAY FACULTY SHORT TAKES

“Private Manning’s Humiliation” efforts on the ground, decided he would shut down the Professor Yochai Benkler ’94 and Bruce Ackerman, network altogether. … professor at Yale Law School “The crucial fact is that, when decision-time came, The New York Review of Books Mr. Mubarak did not seek to use the network to his April 28, 2011 advantage. He decided that it was better for him, as he sought to cling to power, to take the tools away from “Bradley Manning is the soldier the protesters. If the Internet fundamentally somehow charged with leaking U.S. govern- favours autocrats over dissidents, Mr. Mubarak would ment documents to Wikileaks. He have made a different decision in his moment of crisis.” is currently detained under de- grading and inhumane conditions “Sometimes, Justice Can Play Politics” that are illegal and immoral. ... Professor Noah Feldman “President Obama was once a The New York Times professor of constitutional law, and entered the national Feb. 12, 2011 stage as an eloquent moral leader. The question now, however, is whether his conduct as commander in “[W]hen the brilliant, garrulous chief meets fundamental standards of decency. He Justice [Antonin] Scalia hobnobs should not merely assert that Manning’s confinement with fellow archconservatives, he is is ‘appropriate and meet[s] our basic standards,’ as he not being influenced any more than did recently. He should require the Pentagon publicly to is the brilliant, garrulous Justice document the grounds for its extraordinary actions— Stephen Breyer when he consorts and immediately end those that cannot withstand the with his numerous friends and light of day.” former colleagues in the liberal bastion of Cambridge, Mass. … “Internet Democracy” “It is absurd for conservatives to criticize the Professor John Palfrey ’01 cosmopolitan forums where judges from around the The Economist world compare notes. And it is absurd for liberals to Feb. 23, 2011 criticize the conservative justices for associating with people who share or reinforce their views. The justices In an online debate on the are human—and the more we let them be human, the proposition that “the Internet is not better job they will do.” inherently a force for democracy,” Palfrey argued against Evgeny “China’s Currency Isn’t Our Problem” Morozov, author of “The Net Assistant Professor Mark Wu Delusion: The Dark Side of Internet The New York Times Freedom.” Readers determined the Jan. 17, 2011 winner, with Palfrey’s position receiving 58 percent of the vote. “When it comes to lost jobs, the “The Internet is inherently a force for democracy. negative impact of China’s currency That will not necessarily always be true, but it is the … is less than one might think. … case today, given its present architecture and the way “Since China agreed to a more that people use the network. ... flexible exchange rate last summer, “There must be baseline levels of literacy, education, its currency has appreciated a mea- infrastructure and technological skill among would-be sly 3.6 percent against the dollar. … protestors, and so forth. With these conditions present, In going slowly on appreciation, China is giving its ex- the use of the Internet cuts in favour of democracy. porters time to adjust, thereby limiting job losses. … “The clearest evidence in favour of this premise is “Resolving our economic troubles will depend much that the Egyptian president, Hosni Mubarak, faced more on reinvesting in education, transportation and with protesters in the streets of Cairo who were actively other government services, basic science and applied using social media to co-ordinate and project their research than on forcing China to yield on its currency.”

Illustrations by adam mccauley summer 2011 harvard law bulletin 21 Kenneth Frazier ’78 was named CEO of Merck in January.

a dose of

The new CEO of pharmaceutical giant Merck, Kenneth Frazier ’78 is driven by high hopes for the company and what it can do

22 harvard law bulletin summer 2011 BY LEWIS I. RICE In March, a New York Times front-page story cata- loged the woes besetting the pharmaceutical industry, including losses of billions of dollars from expiring patents, a dearth of promising new drugs, pressure to reduce prices, and layoffs in research and development. One analyst called it a time for panic in the industry. But on the day the news hit, Kenneth Frazier ’78 didn’t seem panicked, even though he had recently taken the helm of one of the world’s biggest pharma- ceutical companies. Named CEO of Merck in January, Frazier said that the company has existed for more than 100 years and is not about to change its core mission of translating science into medically important products. Some of those products can take up to 20 years to de- velop, so it’s an industry in which one is well served to take the long view, he said. That is what he intends to do, emphasizing research and innovation at a time other companies are scaling back in these areas. Merck did change recently, thanks to a huge merger with Schering-Plough completed in 2009, resulting in a larger company with more than $45 billion in sales last year and 94,000 employees worldwide. Frazier now oversees it all. He is the first African-American to lead a major drug company and, like former Pfizer CEO Jef- frey Kindler ’80, he is a lawyer in charge of a company OPTIMISMdriven by science and medicine.

summer 2011 harvard law bulletin 23 CK MER While a CEO of a pharmaceutical company could benefit people who need them can afford from a science background, Frazier said, Merck is so large while still making a profit. and complex that anyone in the position needs to rely on “The health care needs of the subject matter experts, including scientists, to make the world are so great that the chal- right choices about the programs in which to invest. At lenge for this generation of Merck the same time, he has been able to learn a variety of skills people is to develop business from different assignments in his nearly 20 years at Merck. A CHALLENGE FOR models that will allow us to sus- In fact, Frazier recounts how he worked more on nonlegal PHARMACEUTICAL tainably and profitably provide than legal matters there—first as a company spokesman on COMPANIES IS our innovative medicines and policy and communications issues, later as director of the HOW TO PROVIDE vaccines to those vast under- global marketing and sales division, and then as president— DRUGS AND served populations of the world,” before becoming CEO. He also served as general counsel, said Frazier. “And I would call and for much of that time, his most important cases involved VACCINES AT that both a moral and business challenges to Merck’s patents. But in that position, he gained PRICES PEOPLE imperative.” national attention for the way he handled a problem some CAN AFFORD said imperiled the very existence of the pharmaceutical giant. WHILE STILL Frazier’s own life story is In September 2004, Merck withdrew the drug Vioxx from truly that of a self-made man. the market after reports surfaced that those who took the MAKING A PROFIT Growing up in a tough North painkiller were at increased risk of cardiovascular problems. Philadelphia neighborhood, Plaintiffs around the country filed thousands of lawsuits he experienced few of the contending that the drug caused heart attacks and strokes. advantages of many of his classmates at Harvard Law. His Business Week wrote at the time that due to this litigation, parents had little formal education, and his mother died “Merck’s future is in question,” and the company’s stock when he was 12. His father, whose own father was born into price plunged. In a move that the publication called “fraught slavery, worked as a janitor after migrating to Philadelphia with peril,” Frazier decided to fight the claims in court from a sharecropper’s plantation in South Carolina. Yet from rather than negotiate a quick settlement. Frazier’s perspective, it was not an upbringing he had to “We believed we had acted responsibly and diligently as it overcome but one that helped mold his future success. related to Vioxx,” Frazier said. “There are certain principles “It’s actually misleading to say I grew up in North inside Merck that matter a lot to us, like scientific excellence Philadelphia. I grew up in my parents’ house, which by and integrity and putting patients first, and we had felt like accident of geography was in North Philadelphia,” Frazier we’d done that. And we thought … our actions were being said. “My father had a very strong view of what it took to be mischaracterized in the press and in the legal system. So we successful, and he in effect brainwashed all his children to wanted to defend in effect our good name.” think that we could do anything. He had very high personal Yet that defense meant relying on juries to understand standards. Although he was a janitor by accident of birth, I the actions of a large company in a fight against ordinary believe he could have been a CEO of any company.” people who were claiming grievous harm. Frazier recalled After graduating from HLS, Frazier joined Drinker that people called him crazy for taking that chance on the Biddle & Reath in Philadelphia, where he eventually became theory that juries are likely to follow their emotions. But he partner. But such an outcome was not a given when he trusted the people in the jury box, and that trust was borne started. He credits mentors, particularly Melvin Breaux, the out. After winning most of the Vioxx cases brought, in 2007 firm’s first African-American associate, who became partner Frazier oversaw a settlement of $4.85 billion for 95 percent in 1979, with smoothing out a “rough-around-the-edges” of the cases—a large amount, yet still far below what Wall young man who was uncertain about how to navigate the Street analysts had predicted. social complexities of an old-line law firm. “If I had not been While some may still associate the Vioxx episode with coached well about how to deal with a culture and a set of Merck, Frazier highlights other drugs that the company has values that were foreign to my own, I would not have been produced and what they have meant for people around the able to be successful,” Frazier said. world. One example he cited was Mectizan, which fights He also credits senior partners, whose backgrounds river blindness; Merck has donated more than 2.5 billion of could not have been more different from his, with honing the tablets to developing countries dealing with this disease. his skills in becoming a trial lawyer. Most important for his The company also has provided free HIV drugs to countries career, they drew him into work on matters for one of the like Botswana with dire need; these and other efforts firm’s major clients, a company called Merck, from the very mark Merck as a leader in corporate social responsibility, first day he practiced law. Among his cases, he frequently according to Frazier. defended Merck against suits involving vaccines, which That doesn’t mean that his or any company can led him to join the pharmaceutical company in 1992. But successfully operate a business by always giving away what he has called the high point of his legal career did not products, he said. The question for pharmaceutical involve Merck or the corporate litigation he practiced at companies is how to provide drugs and vaccines at prices Drinker Biddle & Reath. It began with a trip to death row

24 harvard law bulletin summer 2011 A PRESCRIPTION for health law Conferences, research and university-wide collaboration

There is no shortage of attorneys involved sibility of pharmaceuticals in the develop- reforms, the authors propose a system in legal issues related to the pharmaceu- ing world. Last year, the center hosted a of fi nancial incentives that would induce tical and health care industries. There two-day summit attended by top execu- pharmaceutical fi rms to develop drugs is, however, a shortage of law schools tives from the major pharmaceutical firms to fi ght disease in developing countries examining those issues. Since its found- which considered ethical standards and and to adopt pricing practices that would ing, the Petrie-Flom Center for Health Law practices related to multiregional clinical facilitate their greater distribution. Policy, Biotechnology, and Bioethics has trials, especially those that involve the This spring, Fisher and William W. Chin, aimed to rectify that problem. Established developing world. executive dean for research at Harvard in 2005 at Harvard Law School by found- That world is also the focus of a Medical School, convened a meeting of ing faculty director Einer Elhauge ’86, the forthcoming book by Professor William experts from across the university to look Petrie-Flom Center has produced works Fisher ’82 and Talha Syed, former Petrie- at just the sort of problems explored in of scholarship and hosted events focused Flom Fellow. Called “Drugs, Law, and the Fisher and Syed’s book, but in the context on health care and the law, including Health Crisis in the Developing World,” of the government systems that regulate several specififi cally on the pharmaceutical the book addresses what the authors and fund the development of pharmaceu- industry. call the largely preventable deaths from ticals. The fi rst meeting of the Working Among its events, the center held a infectious diseases of about 9 million Group on Governmental Management of conference in 2009 on pharmaceutical re- people a year in developing countries. Pharmaceutical Products in April brought search, development, and markets, which The problem, they contend, stems from together researchers at the medical featured sessions on mergers and anti- the holders of patents pursuing pricing school with HLS faculty—including trust, drug research and safety, intellec- strategies to maximize profifits and phar- Elhauge and Petrie-Flom co-directors I. tual property, pricing and marketing, and maceutical fi rms concentrating research Glenn Cohen ’03 and Benjamin Roin ’05— generics. Another conference that year, and development on diseases prevalent and others from across the university. focused on health metrics, addressed in developed countries but not common Fisher and Chin hope it was the beginning clinical trials as well as pricing and acces- in developing nations. Among possible of collaborations that will yield solutions.

in an Alabama penitentiary, prompted by a request from sues. That’s where he really excelled, and I think that made his friend Esther Lardent, the head of the Death Penalty the difference. Representation Project of the American Bar Association, “To create justice in the world and to do the things that to take a case no one else could. Only later did he discover really matter, you have to be a lawyer who not only has ideas something he did not expect: His client was actually in your mind but also conviction in your heart,” Stevenson innocent. As Frazier recounted in an article on the case continued. “I definitely think Ken fits that description.” published in the Spring 2004 Toledo Law Review, James Honored with EJI’s Equal Justice Champion award in “Bo” Cochran, a black man convicted of killing a white 2009, Frazier received another honor recently in the form of store manager “despite evidence suggesting an accidental an invitation. The occasion made him think of his parents. police shooting and cover-up,” was “denied virtually all of Their strength, their lasting gift, was that they could imag- the fundamental rights we associate with a criminal trial, ine possibilities, unthinkable when they were growing up, including effective assistance of counsel and a fairly selected for a child they raised in their home in North Philadelphia. jury of his peers. He was ‘railroaded’ in the classic sense.” They could imagine he could go to Harvard Law School, More than five years after first visiting Cochran, Frazier and help save an innocent man’s life, even become the head of a his defense team won his release after 21 years on death row. Fortune 100 company and be invited to the White House by “He had an orientation to the challenges of dealing with the president. That is why, as Kenneth Frazier was sitting in people who were disadvantaged and disempowered that the Oval Office in February talking with a fellow HLS grad- very few lawyers who haven’t done this kind of work bring uate about issues like health care and jobs, he remembered to the process,” said Bryan Stevenson ’85, executive director the people whose abiding faith in him made the moment of the Equal Justice Initiative, who consulted with Frazier possible. P during the case. “He’s also just a terrific litigator—smart and very capable of thinking critically and tactically about is- Lewis I. Rice is a Boston-area freelance writer.

summer 2011 harvard law bulletin 25 LAW ON THE HOME FRONT

26 harvard law bulletin summer 2011 E Ruthzee Louijeune ’13 and Marielle Macher ’11 knock on doors to inform inhabitants of property slated for foreclosure of their legal rights as part of HLS’s Project No One Leaves.

The Harvard Legal Aid Bureau and two HLS clinics help staunch the foreclosure crisis in Massachusetts by jeri zeder

Photographs by aynsley floyd sumumummmemereerr 20201111 hah rvrrvavavarrdd law bulletin 27 here’s how a Boston resident Last year alone, 12,233 home foreclosures were became a victim of the completed in Massachusetts, where foreclosure rates are considered elevated and are predicted to foreclosure crisis. To protect remain so. That number represents some people, her privacy, we’ll call her Beth like Beth Rede, who were deceived by predatory Rede. Rede was disabled, living lenders. Others lost their jobs in the recession or suffered some other financial setback. Nearly all on Social Security disability are victims of swashbuckling financial industry insurance and sheltered in practices that cascaded into the housing bust, federally subsidized housing, and shifted the profit-making center of home financing from returns paid by carefully selected when she was approached borrowers, to the commoditization of increasingly by a mortgage broker. The risky mortgages. broker knew Rede was poor One likely outcome of the crisis is street after street of shuttered homes, particularly in poorer but persuaded her to buy a neighborhoods of color where predatory lending, multifamily house, telling declining property values and unemployment her that she could pay the hit hardest. But that doesn’t appear to be happening in Boston’s low-income neighborhoods mortgage from the rent she of Dorchester, Mattapan and Roxbury, despite would collect from her tenants. their high rates of foreclosure. The reasons for Rede took two mortgages— that are varied and complex, but among the contributing factors are Boston-based community one with an adjustable rate— organizations and their partnerships with totaling nearly half a million institutions such as Harvard Law School. dollars, gave up her subsidized This is the story of how the student-run Harvard Legal Aid Bureau and two teaching housing and moved into the clinics at the school’s WilmerHale Legal multifamily. When the teaser Services Center—the Post-Foreclosure Eviction rate expired and the adjustable Defense Housing Clinic, which represents Beth Rede, and the Predatory Lending/Consumer rate “exploded,” Rede could Protection Clinic—are working together to use no longer afford the loans. Her activism, community lawyering, bankruptcy , students house ended up in foreclosure take part in a daylong within two years of purchase. canvassing The original lender, meanwhile, event in Boston to had long since sold the help residents of foreclosed mortgages to Wall Street banks properties. that pooled them into trusts and sold them in bundles of mortgage-backed securities.

28 harvard law bulletin summer 2011 ON THE Veteran advocates and novel proposals FACULTY FRONT Protection. Among its a visiting professor at Ultimately, Porter charges: to promote fair- HLS this past year, em- warns, the foreclosure ness and transparency phasizes that the prob- crisis threatens to in mortgage lending. lem extends far beyond undermine Americans’ Poor underwriting, Warren is not the housing: Many investors confifi dence in the law. predatory lending, only HLS faculty mem- in mortgage-backed “Law schools need to sloppy record-keeping, ber working on these is- securities, she points care about that,” she neighborhood blight, sues. Gaining increasing out, are mutual funds says. —J.Z. ill-considered or invalid notice is a proposal by and pension funds—es- foreclosure decisions, Professor Howell Jack- sentially, middle-class the inability or refusal son ’82, whose research retirement accounts of banks to negotiate and teaching focus on that now face diminish- with homeowners, topics including securi- ing returns, thanks to homeowner protection ties regulation, con- the crisis. Porter, whose scams—all these are sumer protection and blog, Credit Slips, covers widespread problems fi nancial institutions. issues of credit, finance that Professor Elizabeth As Jackson explains, the and bankruptcy, has Warren has long been rise of mortgage-backed testififi ed on the TARP E

addressing. She served securities created new Foreclosure Mitigation V O for nearly two years as modes of investment, Program before the chair of the Congres- but their structure made Congressional Oversight ELIZABETH PHER HARTL O T sional Oversight Panel, resolution of common Panel. She has called WARREN S HRI which addressed fore- lending problems dif- for greater government C closure mitigation and fi cult.Jackson proposed review of foreclosure consumer and small- that the federal govern- practices and is critical business lending while ment use its eminent of the sluggish govern- monitoring TARP bank domain power to buy ment response to the bailout funds. Warren all the mortgages on a crisis. “We must do earned a reputation for property for fair market consumer protection her fi erce policing and value, thereby resolv- on the front end to sharp critiques. She now ing all questions of build a strong middle

leads the federal gov- ownership and title, and class on the back end,” RTH O W ernment’s new Bureau then negotiate with the she says. Why has the S HOWELL JACKSON ’82 of Consumer Financial buyers to buy back the government not done HIL FARN P properties at current more to end wrongful value. He first fl oated or fl awed foreclosures? the idea among some se- Porter blames frag- nior Obama offifi cials and mented regulatory a congressional staffer, authority (something but so far, it’s gotten she hopes will be cured more attention from by Warren’s new Bureau commentators than of Consumer Financial

politicians. “Politically, Protection) and a failure KATHERINE PHER DYDYK O

PORTER ’01 T

the challenge of using to see that the problems S HRI eminent domain power of homeowners were C is that it is a novel ap- driving the crisis and proach to the problem,” needed to be part of the Katherine Porter warns Jackson says. “It takes solution.She mentions that the foreclosure crisis the political process that some relief may be threatens Americans’ some time to come up forthcoming soon from confidence in the law. with good solutions to the joint investigations new problems.” of the attorneys general Katherine Porter ’01, of all 50 states.

summer 2011 harvard law bulletin 29 , City Life/ Vida Urbana organizer Melonie Griffiths explains the symbolic ! Marielle Macher ’11 sword and maps to her husband, David Rothstein shield used by (right), David Williams ’12 (left) and City Life to Professor David Grossman. represent its dual strategy (public pressure combined with zealous advocacy) in fighting foreclosure.

! Professor David Grossman, faculty director of the Legal Aid Bureau

representation, and trial and appellate litigation court was holding lenders accountable for their to help redirect the path of the foreclosure wave failure to properly record chain of title as they in Boston. rapidly sold and resold mortgages for profit. Two achievements—one legislative, one In the SJC pipeline are two more high- judicial—have brought broad relief across the impact cases. In May, the court was scheduled state. In August 2010, Massachusetts Gov. Deval to hear Bevilacqua v. Rodriguez, which picks up Patrick ’82 signed into law a statute that was a loose thread from Ibanez: If a bank conducts drafted, and lobbied for, by students from the an unlawful foreclosure sale and transfers the Legal Aid Bureau. The statute prevents banks property to a real estate speculator or investor, that own foreclosed properties from evicting who has title? The Legal Services Center’s tenants without just cause.Since its passage, no Predatory Lending/Consumer Protection Clinic Massachusetts tenants have been evicted simply run by Roger Bertling and Max Weinstein because they were living in foreclosed properties. argued in an amicus brief that such a sale would “It is definitely fair to say that evicting tenants unlawfully strip a homeowner of legal title, was routine prior to our statute,” says David and that the investor’s remedy is through title Grossman ’88, faculty director of the Legal Aid insurance. Bureau. He estimates that thousands of tenants The other case, Bank of New York v. Bailey, across the state will be spared eviction because of heard by the SJC in April, looked at whether the law. the Boston Housing Court was correct when it The next victory came in January 2011, when decided that it lacked jurisdiction to consider the validity of the foreclosure underlying Training a new crop of anti-foreclosure activists an eviction case. Legal Aid Bureau student Jennifer Tarr ’11 represented the homeowner. the Massachusetts Supreme Judicial Court “This case is part of a wave of change,” says Tarr. decided in U.S. Bank National Association v. Ibanez “I’m privileged to be part of that.” that a lender cannot foreclose on a property What Tarr means by “wave of change” is unless it can prove ownership of the mortgage. Boston’s active anti-eviction movement, which The Legal Services Center won the case for is fueled by the intense community organizing Springfield homeowner Antonio Ibanez. And work of groups like City Life/Vida Urbana and the ruling sent shock waves throughout the supported by area legal clinics, with Harvard Law financial sector, even though its reach is limited School playing a major role. HLS supports the to Massachusetts: For the first time, a state high movement through community lawyering as well

30 harvard law bulletin summer 2011 as individual representation, with a high degree 26 years, Frank, owned two retail stores and a of strategic coordination between the school’s restaurant when they bought their single-family Legal Aid Bureau and the Legal Services Center. home in Roxbury in 2004. Everything was HLS students litigate predatory lending cases, fine until Frank got sick with cancer in 2006. negotiate loan modifications, fight fraudulent With Tilton focused on caring for Frank, they “rescue” scams, handle bankruptcy matters and eventually lost the stores, and the situation at the otherwise represent individuals whose properties restaurant grew precarious. Frank died in 2008, have been foreclosed on. They also help clients and Tilton fell into a deep depression. Ominous working with Boston Community Capital, a letters began arriving from the bank. But then: nonprofit community development financial “In 2008, someone banged on my door. It was institution that buys foreclosed properties and two students. They were from City Life,” Tilton sells them back to qualifying former owners at recalls. He attended a community meeting. “It current market value with mortgages they can was an immediate cloud off me because I realized realistically afford. And in a lemons-to-lemonade there was help out there,” he says. “I watched strategy, they are pushing banks to delead their the legal process, the vigils, and the blockades, foreclosure-acquired properties. “If banks are and I became passionate about the cause.” invading the neighborhood, we might as well get a While his future is uncertain, he says he no benefit out of it,” says Clinical Instructor Maureen longer fears going to court, thanks to the zealous McDonagh. representation of Legal Aid Bureau students Tarr Community lawyering, meanwhile, is and Samuel Levine ’12. primarily coordinated through the Harvard Levine, who is president of the Legal Aid Legal Aid Bureau. Its Foreclosure Task Force Bureau’s Foreclosure Task Force and outreach works with Project No One Leaves, a student director for Project No One Leaves, reflects on the group founded in 2007 by Nick Hartigan ’09, lessons he’s learned watching people like Tilton David Haller ’09, Eric Herrmann ’09 and Tony move from hopelessness to empowerment. “There Borich ’09 to keep people in their homes, post- is a lot of leverage beyond what the court system foreclosure. Students knock on the doors of can provide. Power can be created outside the foreclosed homes, inform residents of their courts,” he says. “You go to law school classes, ¢ David rights and urge them to attend meetings read cases and statutes, and think that’s the Williams ’12, of City Life/Vida Urbana, a grass-roots authority. But I’ve learned that there are lots of president of the Legal community organization, where they learn ways for people to claim power and rights.” Aid Bureau, how to fight eviction through direct action and trains new demonstrations—and where Harvard Law Jeri Zeder is a Boston-area freelance writer. canvassers. students provide legal advice, often late into the night. Students also run a weekly law clinic for occupants of foreclosed properties; provide pro bono representation through the Lawyer for the Day program at Boston Housing Court; and track newly docketed housing court cases and reach out to people facing eviction. They’ve won dozens of significant verdicts and settlements for tenants— some in the low six figures—against banks not keeping homes in good repair after foreclosure. These are the highest settlements and verdicts on cases of this type in the country. “We utilize both legal and public pressure to get banks to change their policies about displacing people after foreclosure,” explains Grossman. “We don’t want Boston boarded up like other cities.” The experience of Ken Tilton, a client of the Harvard Legal Aid Bureau, attests to the life- changing nature of the joint work of City Life/ Vida Urbana and HLS. He and his partner of

summer 2011 harvard law bulletin 31 ABLE A Harvard Law School program with 675 million clients by elaine mcardle Lawyering

S Alonzo Emery ’10 is part of the Harvard Law School Project on Disabil- ity’s China team. DRIAN BRADSHAW/GETTY IMAGE DRIAN BRADSHAW/GETTY A

32 harvard law bulletin Professor William Alford ’77 and Visiting Professor Michael Stein ’88 (from left), HPOD co-founders, with Fengming Cui, direc- tor of its China program YD O LEY FL S YN A east 675 million people in the rapporteur on disability. rld have physical, intellectual or Perhaps most significantly, HPOD has played ychosocial disabilities, and many an important role in the U.N. Convention on the uggle for basic human rights Rights of Persons with Disabilities, adopted in luding education and physical 2006. Stein was instrumental in the convention’s ety. In some countries, disabled drafting and adoption (he co-wrote a forthcoming ldren are not allowed to enroll in book on the convention), and he and Alford have worked to foster its implementation throughout ool or are segregated from other the world. So far, more than 145 nations have ldren. Women with disabilities are signed and more than 95 nations (plus the re likely to be sexually abused, and European Union) have ratified the convention, ir complaints often are disregarded which is the first global human rights treaty of authorities. Many nations offer no the 21st century and the most rapidly negotiated ommodations to or assistance for human rights treaty in the history of international law. ople with disabilities. And even As its work becomes known, the project finds ong families and well-meaning its services in huge demand. “We are inundated ernational aid organizations, the with more requests from across the world than eds of disabled people are widely we can possibly handle,” says Alford. Right now, ored or misunderstood. they are concentrating their efforts in two places: Bangladesh, and China, where Alford, vice dean he Harvard Law School Project on Disability for the HLS Graduate Program and International n a fast track toward changing the treatment Legal Studies and director of East Asian Legal eople with disabilities around the world. Studies, has traveled regularly for 33 years. Afounded in 2004 by HLS Professor William In 2007, Alford and Stein organized the PRC’s P. Alford ’77 and Visiting Professor Michael first conference on disability law, in conjunction Stein ’88, professor at William & Mary Law with Renmin University of China and the China School, HPOD has huge ambitions. “We want Disabled Persons’ Federation, which was then to transform things entirely,” says Stein, now headed by Deng Pufang, the son of China’s late the project’s executive director. Stein first began leader Deng Xiaoping and himself a person with a to work with Alford, an expert on Chinese law disability. At the conference, attended by scholars and disability rights, after they were introduced from China and abroad, Stein—widely regarded by now-Dean Martha Minow, who herself has as the world’s foremost expert on comparative written and worked on disability law. disability law—and scholars from several other Collaborating with governments at the highest nations gave a global overview of the legal levels and working directly with people with rights of disabled people. The goal was never to disabilities, HPOD has made great progress in S E

just a few years in promoting disability human G rights worldwide. It has initiatives in China, ETTY IMA Bangladesh, the Philippines, South Africa, Korea, /G HAW Vietnam and other countries—all conducted on S a pro bono basis. It has filed six amici briefs with DRIAN BRAD the European Court of Human Rights—among A them, one last year that helped overturn a law in Hungary that prevented people with disabilities from voting, in a case brought by Jan Fiala LL.M. ’10. (See opposite page.) HPOD has helped place HLS students in jobs at the U.S. Department of Justice’s division on Americans with disabilities and has hosted conferences, workshops and seminars at HLS. Last summer, in HPOD’s first internship program, five Harvard undergraduates traveled to Bangladesh to work on disability rights. They produced reports, including two on Alonzo Emery ’10 violence against women with disabilities, that helps run China’s first were adopted by the U.N. special rapporteur on disability law clinic at violence against women and by the U.N. special Renmin University of China Law School. 34 harvard law bulletin summer 2011 Something That CANNOT WAIT Disabilitty activist works to change guardianship system in Central Europe

A few weeks before he received his In the face of this setback, Fiala LL.M. from Harvard Law last year, Jan has redoubled his efforts. And this

Fiala was handed a victory by the year, as he predicted, the Hungarian Jan Fiala LL.M. ’10, director of HPOD’s European Court of Human Rights. government has struck the clause Central European The court ruled that the disenfran- from its constitution disenfranchis- program, has brought 17 chisement of people with disabilities ing those under guardianship. cases before the European Court of is contrary to the European Conven- Fiala returned to Hungary last Human Rights. tion on Human Rights. The case, K.A. June and has been involved in efforts v. Hungary, was brought by Fiala in to shape the new voting rights sys- 2006 on behalf of a Hungarian citizen tem. Funded in part by an HLS Henig- who, after a psychiatric hospitaliza- son Fellowship, and working with a tion, had been placed under guard- disability rights NGO in Budapest, RAPHY OG T ianship and was not allowed to vote he has continued to focus on cases O H PH in the 2006 elections. before the European Court of Human C A week after the ruling, Fiala Rights related to guardianship and HERAT predicted that it would lead the involuntary institutionalization. help with a BBC undercover investi- Hungarian government to change its “Jan is an ingenious legal strate- gation of psychiatric institutions in guardianship laws. According to the gist and a terrifific advocate,” said HLS Slovakia. Hungarian constitution, people under Visiting Professor Michael Stein ’88, The fi lm focused on “cage beds,” plenary guardianship—some 60,000 executive director of the Harvard in which patients were detained, disabled adults—are deprived of the Law School Project on Disability, with sometimes for weeks, and it caused right to vote. whom Fiala has been collaborating an outcry. But for Fiala, even more Fiala’s prediction might have for several years and who will be one shocking was the discovery of the seemed optimistic, considering of his advisers when he enters the bigger system, in which people with that the same government had just S.J.D. program next year. “He master- disabilities who were placed under overturned a victory for people with minded a series of cases before the guardianship were allowed so little disabilities that he and other advo- European Court of Human Rights that say over their lives that they could cates had been working for years to have come to the fore at a time when be institutionalized against their achieve. Hungary and other Central European will and held indefifi nitely. “I had As a lawyer at the Mental Dis- countries that ratififi ed the U.N. Con- studied human rights in law school, ability Advocacy Center, in Budapest, vention on the Rights of Persons with but I hadn’t heard a word about the from 2004 until he came to HLS, in Disabilities are bound by its terms,” rights of persons with disabilities,” addition to bringing a series of cases said Stein, who filed amici briefs in six said Fiala. What he saw in the mental before the European court—17 so of the cases. hospital launched his career. “It made far—Fiala worked with a coalition of Born a Hungarian in Slovakia, Fiala me think, This is something the law advocates, many of whom have devel- fi rst joined a human rights NGO in should have a say about. This should opmental disabilities. They lobbied college, working to draft Slovakia’s not be going on.” the Hungarian government to change antidiscrimination law. “That’s when Fiala said he is inspired by “the laws that allowed disabled persons to I began to understand what people self-advocates,” the people with be placed under guardianship against here still don’t understand: You don’t disabilities alongside whom he’s their will and deprived of the right have to be a member of Parliament to worked. He is also driven by the to live independently, among other make things change,” he said. memory of clients, some of whom freedoms. He went on to get an LL.M. in in- have died locked up in institutions, Fiala and his coalition were ternational human rights law in Buda- waiting for the legal system to bring successful, but the provisions were pest, but the first time he focused on them recourse. “It’s made me realize tucked into a much broader law that the plight of people with disabilities this is something which cannot wait.” the new government rejected. was after a professor asked him to —Emily Newburger

summer 2011 harvard law bulletin 35 HPOD is inundated with dictate a vision to China but instead to provide leaders there with a range of models from which requests for help from to choose, and also to help them fashion their own, says Alford. Critical to its success is that around the world. HPOD approaches its work with deep humility and respect for the people with whom it works. “This is not something we are doing forr China or law clinic, serving, he says, “the nation’s most forr people with disabilities, but rather with them, deserving—and awe-inspiring—citizens.” An and we are learning an enormous amount in the alumnus of the Harvard Negotiation & Mediation process,” Alford emphasizes. Clinical Program, Emery also teaches a course on 2007 also marked the Special Olympics World alternative dispute resolution that helps students Summer Games in Shanghai, an undertaking consider the role of ADR in resolving disability- involving more than 7,500 athletes with related and other disputes. intellectual disabilities that Alford, who is a This winter term, Yilin Xu ’12 interned for member of Special Olympics International’s credit at the clinic under Emery’s supervision, board of directors, helped organize. Since studying comparative legal frameworks for then, HPOD has continued to build on the disabled students on a project commissioned by conference’s success, by working with its local the Chinese Ministry of Education as it moves partners in China, hosting a second conference its education system to an inclusive one for on disability law last October, advising on law disabled students. He also worked with local and reform, nurturing China’s first generation of legal international NGOs on disability rights including academics with an interest in disability issues, consumer rights for visually impaired people. and training other educators, families and people And Charles Wharton ’12 volunteered with HPOD with disabilities. It also worked with Renmin last summer in Beijing, doing a series of corporate University to establish China’s first disability social responsibility profiles on companies law clinic. “We are expanding our funding and that have a good track record of hiring people programming and allies in a culturally and with disabilities. He also co-wrote, with Cui, an politically appropriate manner,” says Alford, academic article about disability rights in China whose long-standing connection to China has and the challenges there in implementing the U.N. been very helpful in getting traction for the convention. Wharton will return to China this project. “Every time I go to China, people ask summer to continue his work. me, ‘What are you, as a professor from Harvard, While their efforts are focused on the rights working on?’ When I say, ‘disability issues,’ of the disabled, the consequences are more far- it helps draw attention to an area that has not reaching, they say. “Achieving rights for people received much attention.” with disabilities, often the most marginalized In addition to Alford and Stein, two others members of society, improves the lives and make up the key team in China. (In Cambridge, circumstances of other excluded groups closer Juliet Bowler has been the project’s administrative to the mainstream,” says Stein, who uses a linchpin.) Fengming Cui, who received her Ed.D. wheelchair and was the first person with a known in special education from Boston University, disability on the Harvard Law Review. “If you joined HPOD in 2008 and is the director of its include people with disabilities, you likely are China program. Cui brings personal experience also including other vulnerable populations such to her work: A polio survivor, she was initially as the poor, migrants and ethnic minorities.” denied the opportunity to go to college in China, Stein and Alford find this area of work very her homeland, because of her disability. “I took gratifying. “I have faced challenges throughout this path with a very deep heart, not only because my life but also have been enormously blessed of my own experience but because I believe with opportunities,” says Stein. “Disability law disability work in China is not just for people with is a vehicle through which I try to enable the disabilities” but advances the cause of human flourishing of other people with disabilities, at rights generally, she says. Cui has worked with home and abroad.” parents of disabled children in China to help them Alford says, “I think each of us has both gifts understand their rights and to help remove the and limitations, and it is immensely gratifying shame that some feel about their children. Alonzo to try to enlist whatever gifts I may have to try Emery ’10, who worked as a newspaper reporter to help others realize their gifts.” Adds Stein, in China before matriculating at HLS, is now an “Ac a demics tend to think about abstract concepts. assistant professor at Renmin University of China To contribute in even a small way to a real Law School, where he helps run the disability person’s existence is wonderful.” P

36 harvard law bulletin summer 2011 FAYAZ KABIL FAYAZ Lobsang Sangay S/ EUTER

R LL.M. ’96 S.J.D. ’04 wins the confidence of his people as the political successor to the Dalai Lama NEW DAWN on the Lost Horizon

BY SETH STERN ’01

! Sangay, voting in McLeodganj, India, to become prime minister of a government-in-exile

summer 2011 harvard law bulletin 37 Lobsang Sangay Sangay’s victory over two older establishment LL.M. ’96 S.J.D. ’04 figures represents a generational shift in power in is the Tibetan exile community and only the latest the first to admit he has remarkable achievement in the 43 years since he was rather big shoes to fill born in a refugee settlement in Darjeeling, India. His parents, who had fled Tibet, sold one of the as he prepares to take family’s three cows so he could attend a refugee school, office as prime minister, where his political awakening began. or Kalon Tripa, of Tibet’s Sangay delivered his first political speech on behalf of the government-in-exile before an audience of 1,000 government-in-exile. people at the age of 14. As a student at the University of Ten days before the Delhi, he was elected one of the leaders of the Tibetan March 20 election, the Youth Congress and organized nonviolent protest rallies in front of the Chinese Embassy in India. Dalai Lama announced After earning a law degree from the University of plans to relinquish his Delhi, Sangay realized he needed more exposure to role as secular political the larger world and a broader range of ideas: “Anyone can be an activist, but to be a more effective freedom representative and focus fighter, you need more intellectual depth,” he says. solely on his duties as In 1995, Sangay enrolled at Harvard Law School on spiritual leader of the a Fulbright scholarship. After completing an S.J.D., he became a fellow in the East Asian Legal Studies Tibetan people. program. “It’s very difficult to Professor William Alford ’77, director of EALS, who replace or be a substitute taught Sangay and was one of two principal advisers for his doctoral dissertation, says he stood out as to His Holiness,” Sangay “thoughtful, open-minded and eager to engage a wide says. “He will always be range of people, including those from China.” my leader.” Nowhere was that more evident, Alford says, than during the unprecedented series of seven conferences Sangay, a former Sangay organized for Tibetan and Chinese scholars. Harvard Law fellow The meetings on Harvard’s campus provided a rare and first-time political opportunity for attendees to hear each other’s point of view. “It was a real breakthrough,” Alford says. candidate, will soon Long before this election year, Sangay’s name had assume leadership of the begun circulating within the exile community as a Dharamsala, India-based possible candidate for Kalon Tripa. But Sangay says he was hesitant at first, unsure whether he knew enough Tibetan government-in- about electoral politics. exile, in which he has ¡Sangay’s In the fall of 2009, he started taking classes on never served, and of victory political communications, leadership and campaigns at over older its struggle for greater establishment candidates autonomy within China. represents a generational shift in power in the Tibetan exile community. 38 harvard law bulletin summer 2011 REUTERS/MUKESH GUPTA UPTA G H S

MUKE Sangay traveled S/

EUTER around the R world to meet ! Sangay on the outskirts of Dharamsala, India, the with Tibetan city that is home to the Tibetan government-in-exile exiles

the Harvard Kennedy School. By the following spring, “He’s a lot more approachable,” Wangyal says. “He when his name was put forward, he felt he couldn’t say makes people feel at ease.” no. The final results, announced on April 27, six weeks “I’ve never shied away from responsibility,” Sangay after the election, revealed he had won 55 percent of the says. “To say no would not be a good example for vote. youth.” Sangay will soon relocate from Medford, Mass., Even before the outcome of the elections was where he lives with his wife, daughter and mother, to known, Sangay says he made a contribution by “raising Dharamsala. There, he will oversee a bureaucracy of the standard of electoral campaigning” in Tibetan more than 1,000 people and the seven ministries that elections. He felt candidates didn’t work hard enough compose the Tibetan government-in-exile. to engage with voters, who are spread out all over the Adjusting to secular leadership for the first time will world. prove difficult for many in the Tibetan exile community Sangay decided to “go to the people” to make the of 150,000 people, says A. Tom Grunfeld, a Tibetan case for his candidacy, traveling through rain forests scholar at Empire State College, State University of and hot lowlands and up to mountaintops in India to New York. talk in monasteries or refugee camps as well as exile But as the election results were being counted in communities in Europe and North America. March, Sangay received a vote of confidence from He also employed modern campaign techniques his adopted hometown’s newspaper. A Boston Globe such as a website and DVDs to lay out his agenda, editorial concluded that “nobody could be better and he participated in two dozen debates with his prepared for that challenge” than Sangay, and singled opponents. out his experience bringing together Chinese and The way Sangay reached out and positioned himself Tibetan scholars at Harvard. as the candidate for change proved particularly “If leaders in Beijing ever decide to grant true popular among younger voters, says Tenzin Wangyal, a autonomy to Tibet,” the Globe wrote, “the seeds will Boston lawyer and member of the editorial board of the have been planted in those classrooms where Sangay’s Tibetan Political Review. belief in the value of dialogue was put to the test.” P

summer 2011 harvard law bulletin 39 Alain Goubau ’11

Part of a team working on an airborne wind turbine—a tethered bal- loon with a turbine at its center—that could even- tually be a lower-cost, lower-impact alternative to off shore wind farms

40 harvard law bulletin summer 2011 BY KATIE BACON

The Lawyerpreneurs

The seed for Anna Palmer’s startup From social was planted this past October during fall break of her 3L year, when her ventures to sister rousted her out of bed at 7 a.m. to go to a garage sale. Her sister new-energy was looking for a winter coat for her startups, 2-year-old son, and she didn’t trust buying items from strangers on eBay HLS is helping or Craigslist. If they didn’t get to the students get garage sale early, she told Palmer, all the good stuff would be gone. their ideas off Palmer thought there had to be a better way, so later she sat down with the ground her sister to talk it through. How would she feel comfortable acquiring used items for her child, in a way that didn’t involve rushing out of the house at 7 on a Saturday? The result is Swapfish, an online community due to be launched in July, where parents can form networks over Twitter, LinkedIn and Facebook in order to buy, sell or share children’s toys or clothes. There have always been entrepreneurs at HLS. More than 150 years ago, Jonathan Greenleaf Eveleth co-founded the nation’s first oil company soon after his graduation, in 1854. Alan Khazei ’87 and Michael Brown ’88 came up with the plan for City Year during their time at the law school. But the focus on and support for entrepreneurship have recently intensified. Last year, Dean Martha Minow announced the creation of the Public Service Venture Fund, which in 2013 will start awarding $1 million in grants each year, some of them targeted toward graduating students trying to get nonprofit startups off the ground. “Harvard Law School is here to help all of our students pursue their dreams. Many have

Photograph by asia kepka summer 2011 harvard law bulletin 41 ideas for new enterprises In February and March, and OPIA’s Judith Murciano, and undertakings; others the Bernard Koteen Office who has consistently been develop such ideas when of Public Interest Advising a strong advocate and encouraged,” Minow says. hosted a series of well- vital resource for budding A group of students and attended workshops on how social entrepreneurs at the practicing attorneys recently to launch a social venture, law school. Other classes, formed the Harvard Law planned by Lecturer on Law like Introduction to Social Entrepreneurship Project to Marion Fremont-Smith, Entrepreneurship, taught by There have always provide free legal research who co-taught the course Suzanne McKechnie Klahr, and advice to budding The Law of Nonprofit who created a nonprofit been entrepreneurs entrepreneurs. Organizations this spring, called BUILD a decade ago, at HLS, but the focus have recently been added to the curriculum. on and support for As Palmer can social and private attest, there are great A Very Enterprising Curriculum advantages to being at entrepreneurship have the law school while A pfplenitude of classes this year focusing on trying to launch a new recently intensified innovation or enterprise venture—in terms of the classes, resources Antitrust, Ideas for a Better Leadership in the and legal knowledge demands of law school while Technology, and Internet Public Sector available. This winter founding a business is not Innovation Professor Jonathan Professor Philip B. she took Klahr’s class, easy. Clinical Professor Zittrain ’95 Heymann ’60 Phillip Malone where students were In the same vein, Ashwin Innovation Making Rights Real: exposed to the intricacies Kaja ’11 says that the key The Art of Social Policy and the The Ghana Project of founding a social lesson he has had to learn Change: Child Biopharmaceutical Professor Lucie E. We l fare, Education Industry White ’81 venture. “It was the while trying to get his social and Juvenile Justice Lecturer on Law first time I had been in a venture off the ground Professor Elizabeth Melissa Feeney Music and Digital room at Harvard where is how to delegate. “You Bartholet ’65 and Wasserman Media Lecturer on Law Lecturer on Law everyone either wanted have to realize that when Jessica Budnitz ’01 Innovative Christopher Bavitz to start a company you’re a law student, you’re Contracting or had already,” says going to have less time,” Business Strategy Professor George G. Online Law and for Lawyers Triantis Business in a Palmer. She also took he says. “A lot of times Professor Kathryn Globalized Economy Entrepreneurship and entrepreneurs will try to do Spier Introduction Lecturer on Law Company Creation everything themselves, but to Social Urs Gasser LL.M. Charities Legal Entrepreneurship ’03 taught by David Hornik you can’t do that.” Kaja is Documents Lecturer on Law ’94. In the hands- the founder of Investours, Wo rkshop Suzanne McKechnie Practical Lawyering on seminar she was an organization that fights Lecturer on Law Klahr in Cyberspace Victoria Bjorklund Clinical Professor connected with an poverty by connecting Law and Finance of Phillip Malone and entrepreneur named micro-entrepreneurs in Dispute Systems Start-Up Companies Lecturer on Law Michael Baum, the developing countries with Design Professor Allen Christopher Bavitz Clinical Professor Ferrell ’95 and founding CEO of Splunk, socially conscious tourists. Robert C. Bordone Richard Forrest ’94 Transactional an IT data company, who The tourists spend time with ’97 Practice Clinical taught her the nuts and the micro-entrepreneurs The Law of Seminar Entrepreneurship Nonprofit Clinical Professor bolts of how to build learning about their work, and Company Organizations Brian Price an enterprise. “Having and then decide as a group Creation Lecturers on Law a mentor is extremely which ones they’ll support, Lecturer on Law Marion Fremont- Venture Law and David Hornik ’94 Smith and Adelbert Finance important, and his through an interest-free Spitzer Professor Jesse M. guidance and training micro-loan. In Dar es Green New York Fried ’92 were invaluable. It is Salaam, Tanzania, one Professors Gerald Leadership in Law E. Frug ’63 and Firms what helped me launch group helped a community David Barron ’94 Professor Ashish Swapfish so quickly,” of woodcarvers buy ebony Nanda Palmer says. But, she to make their traditional admits, juggling the crafts; another supported a

42 harvard law bulletin summer 2011 Photograph by kathleen dooher Anna Palmer ’11

Founder of Swapfi sh, an online community where parents can form networks over Twitter, LinkedIn and Facebook in order to buy, sell or share children’s toys or clothing

summer 2011 harvard law bulletin 43 Founder of Investours, an organization that fi ghts poverty by connecting micro- entrepreneurs in developing countries with socially conscious tourists

Ashwin Kaja ’11

44 harvard law bulletin summer 2011 Photograph by webb chappell David Back ’12

Co-director of entre- preneurship of the Harvard Association for Law and Business and by temperament a “multipreneur,” whose latest project is devel- oping a plan to bring car-sharing to India

Photograph by bob o’connor summer 2011 harvard law bulletin 45 woman who needed a loan a lower-cost, lower-impact BarMax, the first iPhone to buy a vat of oil for her solution to power generation (and now iPad) app for soap-making business. In than the offshore wind bar exam preparation. “I Puerto Vallarta, Mexico, farms that have generated had the idea, and I needed Investours has supported so much controversy. The someone who could build a fisherman who had shorter-term goal is to out the content. I wanted to make repairs on the develop a 100-kilowatt someone from Harvard Law transmission of his fishing system aimed at those off the to do it,” Ghaffary says. His boat and a cook who needed grid, including on islands, inspiration came when he a new oven to expand her in isolated communities, was studying for the bar granola business. During At HLS, resources for on military bases, and on exam a few years after law the organization’s pilot entrepreneurs include mining and logging sites. school and took a standard program in Oaxaca, Mexico, The chances of any given prep course. “They charged the groups gave out more Clinical Professor startup succeeding are me $4,000 for a stack of than 120 loans. Kaja says small, but Altaeros has law books and mediocre Investours is careful to select Brian Price’s attracted some interest lectures,” he says. Like Anna poverty-focused micro- Transactional Law from significant players, Palmer, Ghaffary felt there finance institutions and including the Army, which had to be a better way—so works closely with them to Clinics is looking for alternatives he started designing his make sure that “our tourists to diesel for powering own format, including are not supporting unethical forward-operating bases, digital flashcards, real test moneylending practices.” where two engineers are and the Navy, which sees questions and a detailed Kaja, who was a semifinalist matched with two business an application for the study calendar. Although for a fellowship from school students and one technology on ships that BarMax is expensive for the Echoing Green, a prominent student with a law or policy use a lot of power for iPhone—at $999.99, it costs social venture fund that background to try to launch refrigeration. Goubau, who as much as any app can—its has helped organizations a new product concept. worked as a mechanical price significantly undercuts like Teach for America, In this case, the inventor engineer before going to the competition’s, and so far, Khazei and Brown’s City was MIT graduate student law school, plays a variety more than 300 students have Year, and the Genocide Ben Glass, and his idea—a of roles for the company, purchased it. Ebadolahi Intervention Network get off design for an airborne wind including overseeing started working on BarMax the ground, hopes to expand turbine—came to him in the the creation of the base during his 2L summer, substantially in the coming shower. Some ideas never station for the tethered continued throughout his year. And he’s availed make it much beyond the turbine and managing the last year of law school and is himself of the resources class, but Glass, Goubau company’s relationship now working full time as the that exist at the law school, and the rest of the team are with counsel. He says company’s chief operating including working with working toward launching that several of his classes, officer. He recalls some Clinical Professor Brian a 2-kilowatt prototype this including Corporations and long nights of working to Price’s Transactional summer, under the company Taxation, have been useful build the company while Practice clinic to complete name Altaeros Energies. in understanding the basics keeping up with his studies, the application necessary Based on the fact that wind of how to set up a company. but he says that being at for 501(c)(3) status. Having a resources tend to be more And he’s experienced a the law school during that legal background is helpful, abundant 600 feet or more more general benefit too: early time of the company’s Kaja says, because “legal above the ground, out of “Being able to sit down with life was invaluable. “Most issues come up all the time, reach of conventional wind my business partners and law schools, if you came in everything we do.” turbines, the team’s plan explain what this legal piece to them with this idea to In some cases, a student’s is to capture that wind means—that’s what law create an iPhone app—I legal background is what through a tethered balloon school has brought to me.” don’t think they would be draws him or her into or blimp with a turbine Like Goubau, Mehran happy with that decision. entrepreneurship in the at its center (the idea has Ebadolahi ’10 helped But the support at Harvard first place. During the fall of been called the “flying launch a new project while was tremendous,” Ebadolahi his 2L year, Alain Goubau donut from MIT”). Goubau he was a law student. His says. ’11 took a class at MIT explains that airborne wind childhood friend Mike While some students called Energy Ventures, turbines could eventually be Ghaffary ’06 came up with become entrepreneurs

46 harvard law bulletin summer 2011 Photograph by joshua paul Adam Stofsky ’04 Founder of N-Map, which helps human rights groups integrate new media into legal advocacy— for example, using mobile technology to improve how evidence is gathered

summer 2011 harvard law bulletin 47 because they want to and medical schools, military government of delay the founding. You have bring one particular idea aggregating user-generated 300,000 people from a to know what you’re doing into the world, for others, data to give people a sense of town slated for demolition. first,” he says. With the entrepreneurship is a way of their chances of admission When Stofsky arrived, the help of an Echoing Green life. David Back ’12 is the co- to a given school. And these evictees’ lawsuit had been fellowship, N-Map got up director of entrepreneurship days, he is developing a languishing in court for and running in the summer of the Harvard Association plan to bring car-sharing to 12 years with no hearing. of 2009. Since then, as with for Law and Business, a India (car-sharing services At the time, digital video most startups, Stofsky student group that seeks such as Zipcar exist in was in its infancy, and says, “it’s been a crazy to connect law students more than a thousand cities Stofsky decided to bring roller coaster ride,” with to the business world. worldwide, but there are along a video camera projects including filming He’s also what could be none in India, says Back). to interview his clients. a documentary inside a called a “multipreneur.” Still, the clean-energy idea “They were incredibly Haitian prison to push the “I’m most happy when I’m seems to maintain a hold charismatic in front of government to address creating something new,” on Back, and the fact that it the camera. We quickly the issue of prisoners held he says. “Law school is very didn’t succeed is partly why realized that this would be indefinitely without trial, intellectually stimulating, he came to law school in much more effective than and using social media and but it’s also nice to think that the first place: “We learned a report,” he recalls. Over mobile technology to change I’m creating something real, an awful lot during that the rest of the summer how evidence is gathered in something that can extend process, but the biggest and throughout the next human rights reporting. beyond me and create lesson for me was one of school year, Stofsky worked Teel Lidow ’12, the value.” After college, Back humility. I thought the idea with a lawyer in Lagos to founder of the Harvard attempted to start a clean- we were working on was craft a documentary in a Law Entrepreneurship energy business, involving excellent, but we didn’t way that would push the Project, sees the energy a new type of generator that have the knowledge, skills, Nigerian government to around entrepreneurship would use liquid magnets network and credentials to act on the case; eventually, at HLS as part of a larger to take excess heat from big succeed. All of those things after showing the film trend. “I think that there’s industrial practices such I lack [are] why I’m at HLS to government officials, a general sense, especially as steel milling and convert now.” SERAC was able to get them after the financial collapse, that heat into electricity. Other students to the negotiating table with that new industries are During his 1L year, he and conceptualize their ideas the victims for the first time. really important, that new a couple of college friends during law school but wait After graduation, Stofsky ideas need to be developed started a website for until after graduation— looked for an organization in terms of building the applicants to law, business sometimes years after—to that combined documentary economy and adding value fully develop them. Adam filmmaking with legal to the world,” Lidow says. Stofsky ’04, who spoke at strategy in this way; but “There were a couple of a March 22 OPIA panel he couldn’t find one, and decades where the most on launching a social he wasn’t ready to start fantastic minds that came venture, recently started one himself. Instead, he here went into industries the New Media Advocacy developed his skills as a where they weren’t Project, known as N-Map, lawyer, clerking in the 9th necessarily developing new Students say there which helps human rights Circuit Court of Appeals, ideas. There’s a sense among groups integrate new media working for the Lawyers’ the people I work with that are great advantages technologies into legal Committee for Civil Rights that’s been a mistake. We to being at HLS while advocacy. Stofsky stumbled Under Law through a need to harness the creative upon his idea during his Skadden Fellowship doing power of these people to trying to launch a new 1L summer, when he went legislative advocacy, and come up with new ideas.” P “on a bit of a whim” to working for Debevoise venture, including work for the Social and & Plimpton in New York Katie Bacon is a writer based advisers like OPIA’s Economic Rights Action City. “I thought it was very in Boston. She has written for Center in Lagos, Nigeria. important to be a lawyer The New York Times and The Judith Murciano He was charged with first, and this has proved Boston Globe, among other writing a report about the one hundred percent true. publications. forced eviction by Lagos’ My best decision was to

48 harvard law bulletin summer 2011 Where Social Entrepreneurship, Leadership and the Law Intersect New class aims to give students hands-on experience running a nonprofit

After spending a semester investigating how Citizen Schools, an organization that partners with middle schools across the country to expand the learning day, could save on program costs and best serve students with disabilities, a group of six HLS students presented their findings to their professor and fellow students—and to representatives from Citizen Schools itself. “Two-minute warning!” to “move beyond the traditional shouted Lecturer on Law understanding of what a lawyer Suzanne McKechnie Klahr to can do.” the students as they stood at the As part of the hands-on front of a classroom in Austin aspect of the course, students Hall on an afternoon in early were divided into three April. groups, each of which tackled The group of students, a research question connected part of Klahr’s Introduction to a specific social enterprise. to Social Entrepreneurship The Citizen Schools students class, had to talk fast to get a approached their task in a semester’s worth of research variety of ways, including into a 20-minute presentation. researching relevant state laws Group member Catherine Kim and examining model school Anna Palmer ’11 describes ’12 said that the presentation districts. a social media “just scratched the surface” The two other groups strategy to raise the profi le of of the work they had done, examined challenging issues the nonprofi t BUILD. the majority of which was facing growing nonprofits. encapsulated in an extensive One of the groups was tasked AYNSLEY FLOYD AYNSLEY report they presented to both with creating a strategy to Klahr and Citizen Schools, assess the feasibility of the in which they analyzed the first domestic social impact applicability of disability- bond for New Profit Inc., related statutes to the Citizen a venture philanthropy Schools’ programs. fund. The other came up Klahr’s course aims with a strategy that could to instruct students be used to raise the profile about the intersection of of BUILD—an organization entrepreneurship, leadership, founded by Klahr that teaches and law, and to give them high-school students about hands-on experience with entrepreneurship—in Greater running a nonprofit. Klahr, a Boston and then nationally. pioneer in the field of social As these organizations enterprise, said she hopes consider their new the class will affect how the undertakings, the students students choose to invest their hope their conclusions will be ! As part of the hands-on aspect of the course, students time and resources in the social helpful. tackled research questions sector. “These are very real connected to specific social Although she hopes to questions for them,” Kim said. enterprises and then presented their findings. practice at a large firm after “Our work is a launching graduation, Kim said she was point for them as they move drawn to the class because of forward.” its unique perspective on how —Lauren Kiel

summer 2011 harvard law bulletin 49 HLSA news

ASSOCIATION Q&A Hegazy LL.M. ’95, and a number of other members at Malik Dahlan LL.M. ’01 , founder of Tahrir Square in Cairo last February during the demon- Institution Quraysh and the strations. HLSA of Arabia The offi cial launch of HLSAA, in Egypt, was postponed. When will it happen? We had planned to host this auspicious event on March 25, 2011, in Cairo [to coincide with HLSA’s 125th anni- versary celebrations], as this would have been an ideal platform. … Cairo also has signififi cance as the city where President Barack Obama ’91 made his famous speech on the 4th of June 2009. … As the political situation at the time was not stable, and before President Hosni (From left) Mubarak stepped down, it was decided, with a heavy Malik Dahlan heart, to postpone this event until fall 2011. Although with Prime Minister of we are disappointed … , what Egypt and the wider Arab Qatar Hamad world have gained following the initial events in Cairo bin Jassim bin Jaber Al Thani by way of the rule of law is indeed very precious. We are evaluating other “WE GENUINELY BELIEVE Five years ago, Malik Dahlan LL.M. ’01 Arab countries to host the THAT HLSAA WILL HAVE founded Institution Quraysh for Law & event, and I am happy to A TRANSFORMATIVE Policy (iQ). With bases in London; Doha, report that we are consider- ROLE IN THE FUTURE OF Qatar; and Jeddah, Saudi Arabia, the firm ing the state of Qatar; we THE MIDDLE EAST.” advises corporations, governments, and pub- just received this morning a letter from the prime min- lic entities on issues of law, politics, culture ister of Qatar, H.H. Sheikh Hamad bin Jassim Al-Thani, and economics in the Middle East. An ac- inviting HLSAA to hold the event in Doha in the fall. We tive member of the HLSA, in 2009, Dahlan continue to plan to have in attendance Dr. Osama El-Baz founded the Harvard Law School Associa- LL.M. ’61, as a keynote speaker, along with Amr Moussa, tion of Arabia, which will have its offifficial secretary general of the Arab League, as well as several launch this fall. This spring, he shared his distinguished HLS alumni such as Wilfried Hofmann LL.M. ’60, Dr. Salah Eddin Al-Bashir LL.M. ’88 and Min- vision for his fi rm and the HLSAA. ister Hadef Al-Dhaheri LL.M. ’83. In addition to this, we will also be honoring His Excellency Sheikh Ahmed Zaki What are your goals for iQ? Yamani LL.M. ’56, HLS’s first Arab alumnus. iQ’s objective … is to bring the knowledge of good laws and policy to the Arab world, by supporting efffforts to You have served as secretary of the HLSA UK and still are on strengthen the rule of law, as well as to participate in the the executive board of the worldwide association. In addi- sustainable development of the region. I get a lot of grati- tion, you are helping plan events for the 125th anniversary fi cation in knowing that … we have worked, in some small celebrations. Why so involved? fashion, to help develop a region, with a young generation I owe so much to HLS. At the exact same time as my own that is yearning for a change to the better. father was being persecuted unjustly back home, I was roaming the aisles of Langdell and Ames Hall enduring What prompted the founding of HLSA of Arabia? to uphold my faith in the law. It changed me as a person Seeing that an increasing number of HLS alumni are and as a professional. It offff ered me the opportunity to taking up leadership roles within the Arab region, we meet the love of my life, Sarah, my wife. I was privileged genuinely believe that HLSAA, through its members, will to be the fi rst international student to receive the Dean’s have a transformative role in the future of the Middle East Leadership Award, and therefore and ever since my ZIP through upholding the rule of law. This [was reinforced] code was 02138, I felt that there is an important interna- through the presence of our vice president, Dr. Walid tional role for HLS and its international community. P

50 harvard law bulletin summer 2011 FROM STEVEN OLIVEIRA Associate Dean and Dean for Development and Alumni Relations “I am pleased to announce that HLS alumni and friends now have a new powerful and easy-to-use tool for stay- ing connected with Harvard Law School through the Harvard Law School Mobile App. This new multiplatform app will give you access to alumni information and events, news, admissions, reunions, the faculty directory, notable books, resources and videos, with much more to come. “We listened to our alumni who told us AN ‘EXTRAORDINARY AND INFLUENTIAL’ JUSTICE: U.S. Supreme overwhelmingly that they are increasingly on the go—and Court Associate Justice Anthony M. Kennedy ’61 received the the resources available through HLS enhance their prac- Harvard Law School Association Award, established in 1992 to tice of law, their common interests and facilitate a dialogue honor alumni who have shown exemplary service to the legal with some of the world’s top legal minds. I invite you to profession, society and HLS. President Sharon E. Jones ’82 (cen- visit http://road.ie/hls to download the Harvard Law ter) presented the award with HLS Dean Martha Minow during School App.” Spring Reunions Weekend.

announcing the new hlsa 125th anniversary website. Look here to find the latest alumni events, special programs and club information. www.hlsa.org

Celebration of Black Alumni CALENDAR Celebrating Our 125th Anniversary sept. 16–18, 2011 2011 marks the 125th anniversary of the HLSA. To highlight this event, the Harvard Law School will pay tribute to our black graduates at the 3rd Association will host a number of Celebration of Black Alumni, which will be held Sept. 16 to 18, 2011. Join receptions and dinners worldwide. us in Cambridge for a weekend fi lled with insightful speakers, thought- provoking sessions and the chance to reconnect with old friends. June 2, 2011 Fall 2011 hlsa of europe hlsa of arabia annual meeting inaugural dinner ˚ For more information, visit www.hlsa.org Assistant Professor I. Glenn Cohen ’03 Oct. 28-30, 2011 Krakow, Poland fall reunions weekend June 21, 2011 Classes of 1951, 1956, hlsa of france 1966, 1981, 1991, 1996 Dean Minow and Emeritus Club Salons of the Harvard Law Ministry of Finance, School Bercy Paris l For the latest June 23, 2011 hlsa of the united on Harvard kingdom Law School Dean Minow Association London events: http://bit.ly/ hlsaeventscalendarr 617-384-9523

harvard law bulletin 51 IN SESSION A VIEW FROM THE BENCH

A SUPREME REUNION

U.S. Supreme Court Justices Anthony M. Kennedy and Elena Kagan at Harvard Law School, April 9, 2011

Harvard Law School including taking notes committee. Just as she Felix Frankfurter LL.B. argued that a scientist Spring Reunions this in conferences, since was known as HLS’s 1906 would stand and would not be reviled year brought back a re- there are no outside “coffee dean” for having lecture during confer- for referring to relevant cord number of alumni, parties present, and instituted free coffee for ences, which Brennan scientififi c studies from nearly 800. Among them answering the door, students, she expected found annoying. Ken- other countries. While were U.S. Supreme which she is forced to do her legacy on the Court nedy, of course, decided the laws of other juris- Court Associate Justices frequently since a num- to include the title of to stay seated. dictions are not binding, Anthony M. Kennedy ber of justices—with “frozen yogurt justice.” Even when more he emphasized, they can ’61 and Elena Kagan ’86, the exception The junior serious topics were serve a useful purpose in the law school’s former of Kennedy, THE JUSTICES justice is addressed during the examining approaches dean. During the April she empha- always the last hour-plus discussion, the to legal problems. weekend, Kennedy was sized—had the SHARED STORIES to speak dur- tone remained intimate Responding to a presented with the habit of leaving AND OFFERED A ing conferenc- and lighthearted, as question posed by an Harvard Law School As- their eye- RARE GLIMPSE es, Kennedy Minow and then alumni audience member about sociation Award. He and glasses, cups said, and when posed questions to the glass ceiling for pro- Kagan then participated of coffee and INTO THE he was in that Kennedy and Kagan. fessional women, Kagan in a conversation—in other items in COURT’S VERY position he Noting the controversial said the Court, now with front of a packed room— their offifi ces, PRIVATE WORLD decided he nature of the question, three female justices, moderated by Dean necessitating would be more Minow asked whether does not seem to have Martha Minow. The two frequent interruptions effective if he stood the laws of other na- such a constraint, and justices shared personal by staff. The two tasks up while sharing his tions should be cited by said that former Justice stories and offered a get in the way of each analysis of cases with the U.S. Supreme Court, Sandra Day O’Connor rare glimpse into the other, she joked, since his brethren. Before he something for which had made a similar ob- Court’s very private the interruptions at had a chance to try it Kennedy has been criti- servation when visiting world. the door interfere with out, fate fortunately cized by certain groups. the Court this year. As junior justice on the note-taking. Kagan intervened: He was walk- To loud applause from —Excerpted from a the high court, Kagan— added—to loud laughter ing with Justice William the audience, Kennedy story by Elaine McArdle. known for her sense of from the audience—that J. Brennan Jr. ’31 to a said there was a certain To read the entire article, humor—noted she has she also serves on the conference when Bren- Know-Nothing aspect go to http://hrvd.me/ several responsibilities, high court’s cafeteria nan recalled that Justice to this criticism, and Kagan-Kennedy

52 harvard law bulletin summer 2011 SEND US YOUR NEWS Alumni updates may be emailed to [email protected]. CLASS NOTES Deadline for the next issue: sept. 16 c Class Notes Puzzler, inspired by the 1975 Harvard Law School 1940 On March 31, bentley kassal Yearbook provided a 90-minute oral history to Looking at ART curators at the National World War II while listening Museum in New Orleans for a future to a Socratic permanent exhibition. Kassal, a decorated explication of World War II veteran, who was recently post-breach made a chevalier of the National Order of CLAIMS, what the Legion of Honor of France, shared his assessment experiences as a chief target intelligence of the parties’ officer with the 12th Tactical Air Command. bargains could While he was there, the museum was the student showing a collection of short films that CONCOCT? document the experiences of Jewish World Hint: The War II veterans, including an interview answer is an with Kassal. It can be viewed at http://www. anagram of the ourstofightfor.org/vstories.jsp. three words in bold capital 1943 benjamin ferencz addressed letters, and an audience during the inauguration of can be found the new information and documentation on Page 55. center, Memorium Nuremberg Trials, in Nuremberg, Germany, in November. Ferencz is the last surviving member of the Nuremberg court that tried Nazi war criminals. He served as the chief prosecutor for the U.S. in the Einsatzgruppen Case, in which 22 defendants were charged with murdering more than a million people. They were all convicted. He has worked over the last 60 years to promote peace and was an early supporter of the International Criminal Court. Ferencz is also the author of several books on international law. from 1949 to 2008. The celebration was 1948 s. arthur spiegel is author of a held at Justice Department headquarters 1956 book titled “A Trial on Its Merits: The Life of in Washington, D.C. Hollander was a 55th Reunion Oct. 28-30, 2011 a Federal Judge.” The book details the first senior trial attorney who handled major 25 years of his experiences as judge of the cases, including U.S. v. RCA, in which 1959 After more than 50 years of teaching federal trial court in the Southern District the U.S. Supreme Court ruled that the law, robert summers taught his last class of Ohio at Cincinnati. Spiegel writes that his DOJ could challenge mergers already at Cornell Law School in December. He book “is not a sexual romp or a coming-of- endorsed by the Federal Communications was the William G. McRoberts Professor of age story” but is designed to promote a more Commission. Research in the Administration of the Law, reasoned, informed discussion of the role of and he produced hundreds of publications, federal trial courts. “Too little is known of 1951 including the Uniform Commercial Code, the work of the federal trial courts, and too 60th Reunion Oct. 28-30, 2011 which he co-wrote with James White in much criticism is leveled at them by a public 1972. He helped draft the new Civil Code that fails to realize they serve as the main marvin v. ausubel is author of “The in Russia in 1993, served as an adviser to bulwark safeguarding our constitutional Rise and Fall of Martin Thomas Manton,” the drafting commission for the Egyptian rights,” he continues. The book can be which was published in Volume 82 of the Civil Code in 1998-1999 and was a principal purchased through Amazon.com, and the New York State Bar Association Journal, drafter for the Code of Contract Law for profits from its sale will be donated to the No. 3, the March/April 2010 issue. Rwanda from 2006 to 2010. Since the 1960s, University of Cincinnati College of Law and Summers worked as an advocate to promote Chase College of Law at Northern Kentucky 1953 allan b. ecker wrote an article more minority students in law schools. He University. titled “The Sound of Silence: Adlai E. taught at the University of Oregon, Stanford Stevenson, the Universal Copyright and Michigan prior to Cornell. 1949 In December, bernard hollander Convention, and the Russians,” published was honored by the Justice Department in Legal Studies Forum by West Virginia 1960 jacob hen-tov ll.m. writes: for his 59 years in the Antitrust Division, College of Law (spring 2011 edition). “After 30 years of service as a professor

summersummer 2011 harvard law bulletinbulletin 53 PROFILE LEONARD F. JOY ’566 HAS REPRESENTED THE INFAMOUS AND THE “TRULY GOOD”

Defense’s Joys and Joy’s Defenses

AT THE REINS of New are ones that never York’s federal public received much public defender offifi ce for attention but supplied two decades, Leonard that jolt of excitement F. Joy ’56 represented that never got old. notorious defendants One such case was in cases involving the trial of a U.S. Postal international intrigue, Service clerk accused of terrorism plots and arms stealing a silver dollar traffifi cking. out of a girl’s birthday But Joy’s favorite card. Prosecutors argued case will always be one that a coin found on that reminds him why he the defendant was the transitioned into public missing property, but the defense as a young defendant testififi ed that corporate lawyer. In he had always, ever since 2000, Joy, who retired in he could remember, EY N I

February, represented a RA kept a silver dollar in his TT A

French mother who had M pocket for good luck. forged travel documents “Then the judge to take her two young asked the jury if anybody children out of France “WHEN THE FOREPERSON STANDS UP AND SAYS, had any questions, and away from their ‘NOT GUILTY,’ IT’S A TERRIFIC RUSH AND A KIND OF which was very rare,” father, who she said beat Joy recalled. “And a juror her for seven years. FUN YOU NEVER GET TIRED OF.” asked if the judge would French offifi cials, require the defendant citing the 1980 Hague to empty his pockets Convention, threatened somebody who deserves “Then I decided I In 1990 he became right then on the stand to extradite Marthe it,” he said. would do something I head of the federal so they could see for Dubois if the federal Joy grew up in Glen had always wanted to, defender unit, which themselves if there were District Court in New Ridge, N.J., with no and that was try cases, later split from the Legal any silver dollars in York did not send her lawyers in his family; his but I really didn’t know Aid Society. Defenders there. children, ages 4 and 8, father was a musician how to try a federal across four offifi ces “I nearly had a back to France. and conductor. “I had case.” He volunteered represent thousands stroke. I was trying to do The case was absolutely no such skills, for the Legal Aid Society of clients a year in New anything to stop this,” particularly satisfying which was pointed out in Manhattan. He was York’s District Courts. Joy said. “But the judge for Joy, not just because to me rather frequently,” hired and moved to Under Joy’s said it sounded very he won but because it explained Joy with a Brooklyn, which was leadership the offifice reasonable and asked offered the rare thrill characteristic dryness. swamped with cases. “If has represented some my client to pull out of defending someone Joy, the father of anybody ever wanted of the most high-profifile his pockets in front of “who was truly good.” three grown children, to learn how to do this, defendants prosecuted the jury. The defendant Though a defense now plans to enjoy time that would be the way. by the United States proceeded to pull one attorney’s job is to with his wife of 57 years. There’s nothing that Attorney’s Offifice in pocket inside out, and ensure a vigorous After studying substitutes for being New York, including, in it there was nothing. defense, Joy said, mathematics at Yale in it and learning the recently, would-be Times And then we came to the defenders are not University and then law process,” Joy recalled. Square car bomber Faisal other pocket … and out immune to the at Harvard, he began “When the Shahzad and Russian came a silver dollar. emotional weight of a his career in corporate foreperson stands up sleeper agent Anna “Not the prosecutor’s client’s actions. A case law. He did a stint as a and says, ‘Not guilty,’ Chapman. fi nest hour,” chuckled like Dubois’ “puts forth a bank vice president and it’s a terrififi c rush and a Despite the notoriety Joy. “Now that’s a feeling that you’re really became partner in an kind of fun you never get of some clients, Joy’s victory.” doing something for investment fi rm. tired of.” most memorable cases natalie singer

54 harvard law bulletin summer 2011 c lass no tes of government at the George C. Marshall counsels developers and investors in struc- Award during the organization’s annual European Center for Security Studies, I have turing transactions in connection with meeting in San Francisco in August. This retired to a program of cross-country skiing the development, financing, construction, national award is given to an individual who and hiking in the beautiful Alpine setting of leasing, operation, and disposition of large “meets the highest standard of professional Garmisch-Partenkirchen, Germany, as well office buildings, shopping centers, hotels, responsibility and demonstrates substantial as availing myself of the multiple cultural stadiums, and multiuse projects and in the achievement towards increased understand- opportunities in nearby Munich. I am still acquisition and disposition of real estate ing between legal education and the active engaged in scholarly work and have recently portfolios. practice of law.” Walsh is dean emeritus once again taken up a topic in greater depth arthur rebell writes, “I have decided and a professor at Wake Forest University which I began in a class given by Professor to partially retire, and so far I love it. I School of Law in North Carolina. Harold Berman almost half a century remain chairman of Boardwalk Pipelines ago—i.e., legal reforms during Khrushchev’s and on the board of Diamond Offshore. But 1968 frederick r. anderson was Soviet Russia (focus is on the penal and law classes, piano lessons, travel and grandchil- honored in October with the American Bar enforcement agencies).” dren are great.” Association’s Award for Excellence in Envi- robert sayler co-wrote “Tongue-Tied ronmental, Energy, and Resources Steward- 1961 The American College of Bankrupt- America: Reviving the Art of Verbal Persua- ship from the ABA’s section of environment, cy awarded leonard h. gilbert its high- sion,” a book about the art of public speak- energy and resources. Established in 2002, est honor, the 2011 Distinguished Service ing and how to master it. Sayler is a profes- the award was given to Anderson for his Award. The annual award is given for “sig- sor at the University of Virginia School of “sustained leadership and innovation in the nificant accomplishments in improving the Law who teaches oral advocacy and joined development of the field of environmental administration of justice in the insolvency the faculty in 2003. He is also senior counsel law and policy for more than 40 years.” He and bankruptcy field,” primarily through at Covington & Burling. is a partner in the Washington, D.C., office volunteer activities. Gilbert is a partner at of McKenna Long & Aldridge, where he Holland & Knight in the Tampa office. 1966 focuses his practice on litigating complex 45th Reunion Oct. 28-30, 2011 multiparty disputes between companies, 1963 diarmuid o’scannlain was ap- governments, financial institutions, NGOs pointed chair of the Committee on Inter- Dallas attorney michael lowenberg has and indigenous groups. national Judicial Relations of the Judicial been appointed by the Commissioners Court thomas m. geisler jr. is the author of Conference of the U.S. The three-year ap- to serve on the Dallas County Trail and “The Wedding Cup or Sophonisba’s Chalice, pointment, effective Oct. 1, 2010, was made Preserve Program Board. The board recom- and Other Tales,” a work of fiction contain- by chief justice john g. roberts jr. mends, promotes and facilitates the acquisi- ing four tales, including a dramatic version ’79. The committee helps establish and ex- tion of land to serve the open-space needs of of a historically true love triangle set against pand the rule of law throughout the world. the people of Dallas County. Lowenberg, a the backdrop of the Second Punic War be- O’Scannlain serves on the U.S. Court of Ap- partner at Gardere Wynne Sewell, has been tween Rome and Carthage. Geisler writes: peals for the 9th Circuit in Portland, Ore. the firm’s general counsel since 2008. He “I have always been interested in Roman has been a business litigator at the trial and history, particularly during the Republic. I 1965 albert w. alschuler and john appellate levels for more than 40 years and spent four years in the Navy JAG after law h. langbein ’68 were recognized for their has substantial experience in intellectual school, followed by years of private practice, legal writing by being named to The Green property litigation and the defense of class the bulk of which time was spent as a litiga- Bag’s “Exemplary Legal Writing 2009” list. actions. He is also active as an arbitrator tion associate and partner at Shearman & The Green Bag, a quarterly journal devoted for the American Arbitration Association’s Sterling in New York. I am retired now from to readable, concise and entertaining legal Commercial Panel. Lowenberg recently the practice of law and live in Madison, scholarship, recognizes outstanding legal finished three terms on the Dallas County Conn., but try to keep active both through writing in the categories of opinions for the Historical Commission, where he served as writing and through teaching.” Geisler is a court, concurrences and dissents, books, chair, and also served on the board of the professional in residence in the undergradu- short articles, long articles, news and edito- Sixth Floor Museum. ate legal studies program of the University rials, and miscellany. Winners are selected of New Haven, where he teaches and also by the journal’s board of advisers, which 1967 ronald lee gilman writes that advises the mock trial team. He is also an includes distinguished members from state on Nov. 21, 2010, he took “senior status” as adjunct instructor at the University of Con- and federal judiciaries, private law firms, a judge on the United States Court of Ap- necticut. the news media and academia. Langbein peals for the 6th Circuit. He completed 13 “In June, Columbia University Press was cited for the book he wrote with Renee years of full service on the court as of that will publish my work, ‘The Origins of Busi- Lettow Lerner and Bruce P. Smith, “History date, which, together with his age, made ness, Money, and Markets,’” writes keith of the Common Law: The Development of him eligible to either retire or cut back on roberts. “Having spent the last 30 years Anglo-American Legal Institutions” (Wolt- his caseload. Rather than retire, Gilman or so operating various small businesses, I ers Kluwer Law & Business, 2009). Alschul- reduced his caseload by 25 percent and will became curious about how the practice of er was named to the long articles category continue to hear appeals both within the 6th business began. It turned out that nobody for his article “Two Ways to Think About Circuit (which sits in Cincinnati) and as a had ever asked this question! The result is the Punishment of Corporations,” 46 Ameri- visiting judge with other circuits around the a narrative that spans the 4,000 years from can Criminal Law Review 1359 (2009). country. He adds that he and his wife, Betsy, ancient Mesopotamia to the Roman Em- The Pape Law Firm was selected as who have been married for 44 years, have pire’s demise. It focuses on the political, so- Small Real Estate Law Firm of the Year— two daughters, two sons-in-law and four cial and economic environment that shaped North America by InterContinental Finance grandchildren. business into the recognizable ancestor of Magazine. arthur e. pape is the principal The American Bar Association honored modern business, as well as a description attorney at the firm in Wheaton, Ill., and robert k. walsh with the Robert J. Kutak of business as it existed at the time, includ-

,answer to puzzle on p. 53: “Comical Contracts” summer 2011 harvard law bulletin 55 TRIBUTE PRISCILLA HOLMES ’55: 1924-2010

“She rose above obstacles with ease”

WHEN PRISCILLA in December at age 86. Partners at one fi rm, he HOLMES ’55 attended According to Herz- recalled, did suggest that Harvard Law School, as a stein, other students and they would hire Holmes— member of the third class professors were stunned because she could help to admit women, there that a woman could rank solidify their relationship was only one “Ladies so highly, and some were with a wealthy client by Room” on campus, in the skeptical that Holmes’ striking up a romance basement of Austin Hall. election to the Law with him. Women were a source of Review was not “more “These incidents were humor for some profes- than simply a quirk.” But hard to swallow,” said sors, who would ask Dean Erwin Griswold Herzstein. “She had few them leading questions ’28 S.J.D. ’29, “perhaps peers to do battle with designed to make them mindful of the skeptics,” her. But Priscilla reacted respond with off-color an- wrote Holmes a letter with grace and patience.” swers, recalled classmate congratulating her on her Holmes became Carla Herwitz ’55. Some fe- achievements. And upon an administrative and male students suspected her election as editor, constitutional lawyer that professors did not Time magazine named her in Washington, D.C., read their exam booklets student of the week. THE FIRST WOMAN ELECTED TO THE practicing at Covington & before issuing a grade. “I think that Harvard Burling and then Arnold & But Holmes rose above wasn’t ready for us at the HARVARD LAW REVIEW Porter, where she focused these and other obstacles time,” Herwitz said. “But it much of her work on with ease, recalled her just didn’t seem to bother the commonwealth of husband and classmate Priscilla. She had the law fi rm practice took time preferred to confifine Puerto Rico. She retired Robert E. Herzstein ’55, to maturity to handle it.” more than maturity and a women attorneys to from practice in 1968 and become the fi rst woman But the obstacles law review editorship to estate planning and do- focused on pro bono work elected to the Harvard Holmes encountered as overcome. mestic relations practice and community issues. Law Review. Holmes died she attempted to enter “Many firms at the areas,” said Herzstein. jill greenfield ’12

class notes

ing the life of labor and entrepreneurs. Al- of the United States. The book highlights important sports law though history never repeats itself, there are The Irish Voice newspaper included cases, focusing on the decisions of courts plenty of suggestive parallels to modern is- john e. gould in its 2010 “Irish Legal Top and arbitrators that have changed the busi- sues, and the picture of business that emerg- 100” in January. The publication recognizes ness of sports and protected the rights of es clarifies the nature of business more lawyers of Irish heritage nationally for their athletes to play. Abrams is the Richardson generally. As well as writing this book, I achievements in the legal profession. Gould Professor of Law at Northeastern Univer- have been working in my own firm, Roberts is executive vice president and general sity. Proprietaries, Inc., serving as an arbitrator counsel at CH Energy Group Inc. in New The Wisconsin Law Journal named and a mediator in NYC, and as co-editor of York. bruce c. davidson to the “2011 Leaders in the ABA Judicial Division’s Judges’ Journal. peter d. hutcheon co-led the National the Law.” This distinction is awarded to at- The book has a website, originsofbusiness. Business Institute’s seminar “LLC or Inc.?” torneys who have demonstrated leadership, com, and I can be contacted there.” in October. Hutcheon is a member of Norris vision and legal expertise in Wisconsin’s McLaughlin & Marcus in Bridgewater, N.J., legal community. Davidson is a retired part- 1969 The Louisiana State University where he focuses his practice on corporate ner at Quarles & Brady. Law Center class of 2010 voted paul baier governance, commercial transactions, secu- alfred de zayas, a retired senior law- Professor of the Year. Baier is the George rities, banking and finance. yer with the U.N. in Geneva and professor M. Armstrong, Jr. Professor of Law at LSU of international law at the Geneva School of and joined the school’s faculty in 1972. He is 1970 roger i. abrams is author of Diplomacy, published his eighth book, an author of “Father Chief Justice,” a play about “Sports Justice: The Law & the Business of interdisciplinary analysis of the role of se- Edward Douglass White, ninth chief justice Sports,” which was published in October. crecy in facilitating the commission of geno-

56 harvard law bulletin summer 2011 c lass no tes cide and crimes against humanity. De Zayas 45 company founders interviewed. Shank the Deloitte & Touche Diversity External writes: “‘Völkermord als Staatsgeheimnis’ launched Capella Education in 1991 and took Advisory Board. (‘Genocide as State Secret,’ Olzog Publish- the company public in 2006. ers, Munich, 2011) shows how the Armenian 1975 Business North Carolina magazine genocide, the Holocaust, massacres like Hal- 1973 james a. heeter was elected presi- named joseph p. mcguire to its list of the abja in Iraq 1988 and Srebrenica in Bosnia dent of the Kansas City Metropolitan Bar “Legal Elite” in North Carolina in 2011. He 1995, etc., were kept secret and then denied Association in January. He also serves as is an attorney at McGuire, Wood & Bis- by the perpetrators. Hitler’s Order Nr. 1 on president and CEO of the Greater Kansas sette in Asheville, where his recent work Secrecy (Jan. 11, 1940) rendered it dangerous City Chamber of Commerce. Heeter prac- has included litigation in the areas of trade to leak information and practically impos- ticed corporate and transactional law for 35 secrets, shareholder rights, insurance cover- sible to ask questions, much less conduct in- years, the last 10 years as managing partner age, business fraud, will caveats and estate vestigations. Totalitarianism and terror en- of Sonnenschein Nath & Rosenthal, where disputes, and medical malpractice. able murderers to continue their gruesome he was a member of the executive commit- task under cover of secrecy. Breaking the tee. 1976 orrin k. “skip” ames iii ll.m. system of secrecy can thus contribute to pre- scott w. stucky, judge of the U.S. Court retired early from his law firm in Mobile, vention.” He holds a Ph.D. in history from of Appeals for the Armed Forces, was in Ala., to take the position of associate dean the University of Göttingen; researched in charge of the commemoration of the 100th of Troy University’s Sorrell College of Busi- U.S., U.K., German and Swiss archives; and anniversary of the historic courthouse ness at the Dothan Campus. He also has a interviewed hundreds of witnesses, accused on Judiciary Square in Washington, D.C., consulting practice in which he works with and convicted criminals, prosecutors and which has been occupied by the court since businesses on compliance and ethics. See defense lawyers. An English translation is 1952. The commemoration was marked his website at www.skipames.com. His pri- under way. More information is available at by a special session of court on Oct. 1, the mary areas of teaching are compliance and www.alfreddezayas.com. centennial of the original occupation of the business ethics and the legal environment richard roy received the Oregon State building. chief judge andrew s. effron of business. Ames is scheduled to teach this Bar’s inaugural “President’s Sustainability ’75 presided over the session, which was summer through Troy University at Saigon Award” in December for his leadership honored by the presence of the Chief Justice Technology University in Vietnam. promoting sustainability within the bar and of the United States, john g. roberts, jr. henry m. beck jr. was appointed chair legal profession. In 2006, Roy co-founded ’79, and the Chief Judge of the U.S. Court of of the executive committee of the business Oregon Lawyers for a Sustainable Future, Appeals for the District of Columbia Circuit, law section of the Connecticut Bar Associa- which comprises members of the Oregon David B. Sentelle. (The District of Columbia tion. He is a partner in the Halloran & Sage State Bar who seek to create a sustainable Circuit occupied the courthouse from 1910 transactional department in Hartford and society and to encourage the legal profes- to 1952.) Judge Stucky spoke on the architec- leader of the mergers and acquisitions and sion and individual lawyers to increase their ture and history of the building. The Chief securities law practice groups. involvement in this endeavor. From 1970 to Justice, Chief Judge Sentelle, Chief Judge In February, tom campbell was named 1993, he was a corporate lawyer with Stoel Effron and Judge Stucky unveiled a plaque dean of the school of law at Chapman Uni- Rives. He resigned in 1993 to join his wife, which lists all the judges of both courts who versity in Orange, Calif. Campbell was the Jeanne, as a full-time volunteer in the emer- sat in the courthouse in the first century of Inaugural Presidential Fellow, Fletcher gent sustainability movement. its existence. Jones Distinguished Visiting Professor of Law and visiting professor of econom- 1971 In March, marc redlich wrote: 1974 The Colorado State University Sys- ics at Chapman since 2009, and he taught “This past winter has been very interesting tem Board of Governors appointed sheila courses on antitrust, separation of powers and successful for both our clients and our trice bell executive secretary to the board and legislation. Before this appointment, he firm. … I represented a longtime client in his in November. Bell provides administrative was dean and professor at the Haas School fight with an insurance company as a result support and counsel to the 13-member board of Business at the University of California, of its dilatory tactics in settling what should of governors and also serves as a liaison Berkeley. Campbell previously served five have been a simple automobile injury case. between the board and the CSU system terms in the U.S. House of Representatives After the insurer finally paid my client the chancellor and campus presidents. She was and two years as a California state senator. full policy limits, we proceeded with the tri- previously executive vice president and al of our Chapter 93A consumer fraud and co-owner of Bell & Trice Enterprises Inc., a 1977 n. beth emery joined Husch Black- unfair settlement practices claim. We were management consulting firm. well in February as a partner in the area of successful, and the Superior Court awarded alice young, partner and chair of Kaye energy law. Emery splits her time between my client attorney’s fees and additional Scholer’s Asia Pacific practice, received the Washington, D.C., and San Antonio of- interest for the insurer’s wrongful action. the Inspirational Leadership Award from fices. She has worked on corporate and en- … We have recently been doing more work ASCEND at its annual national conven- ergy law matters for the past 30 years. with companies overseas, advising them tion in August. She was honored for her In February, michael feldberg re- as to both business and litigation matters. mentoring and inspiration to the pan-Asian ceived the George A. Katz Torch of Learn- The most recent cases involved an Israeli financial community. She also spoke at the ing Award from American Friends of the company and a German company that have inaugural Harvard Asian American Alumni Hebrew University. Feldberg is partner and business dealings in Massachusetts and Summit 2010 at Harvard University in Octo- head of the U.S. litigation practice at the in- more generally in the U.S.” ber on the topic “Asia Rising: Opportunities ternational law firm Allen & Overy in New and Risks.” Recently, she was appointed a York City. He also serves as a director of the 1972 “How They Did It: Billion Dollar trustee of Give2Asia, a philanthropic orga- 92nd Street Y and of Facing History and Insights from the Heart of America,” a book nization founded by the Asia Foundation to Ourselves. by Robert Jordan, features stephen shank, inspire philanthropy for the neediest areas founder of Capella Education Co., as one of of Asia. In 2010, Young was elected chair of 1979 kevin d. barnes has been named

summer 2011 harvard law bulletin 57 PROFILE JOHN KROGER ’96: FROM RECONNAISSANCE SCOUT TO RENAISSANCE MAN

Where His Convictions Have Led Him

THE WAY John Kroger done a good job of pre- ’96 tells it, getting senting himself as an ac- caught trying to steal tivist attorney general,” three hubcaps a few said William Lunch, an weeks before graduat- Oregon State University ing from high school in political science profes- Texas was the luckiest sor and Oregon Public thing that could have Broadcasting political happened to him. analyst. It is perhaps an odd But Kroger’s efforts admission for someone early on to shake up his who went on to become department, which also a federal prosecutor and oversees the state’s chil- DON RYAN / P is now Oregon’s attorney A dren’s support services, general. didn’t sit well with all But getting caught— 1,300 employees. and kicked out of his AS OREGON’S A.G., HE’S MADE CONSUMER FRAUD, ENVIRONMENTAL “Change is very hard parents’ house—is what PROTECTION AND DRUG TREATMENT TOP PRIORITIES for people,” said Kroger, prompted Kroger to who said his goal is enlist in the Marines, an to make his offifi ce the experience he credits with burnt out on the job, interrogations, which he managed to beat the “best in the country.” He instilling in him a desire Kroger set out on a three- came to view as doing Establishment candidate added, “We have a ways to work in public service. month cross-country “moral damage” to both in a tough Democratic to go.” “Everything that has bike ride in 2000, during interrogator and sub- primary battle, thanks Kroger said he is happened in my life since which he fell in love with ject. He also questioned to a coalition of unions, “very likely” to run for re- that time is directly relat- his fi nal destination: the wisdom of the war environmental activists election in 2012 but won’t ed to those three years in Portland, Ore. on drugs, which he con- and the law enforcement make any decision until the Marines,” Kroger said. Two years later, cluded overemphasizes community. He wound up later this year. “Every single day, they he returned there as interdiction and enforce- the Republican write-in His prodigious tell you your country is a professor at Lewis & ment at the expense of candidate too when the fundraising and frequent worth giving up your life Clark Law School. Kroger treatment. GOP didn’t fi eld its own travel around the state for. You live through that taught only a single The book won Kroger nominee. have political watch- and internalize it.” semester before he was praise for its honest por- Since taking offifice ers there convinced Kroger went from drafted into joining the trayal of what it’s like to in 2009, Kroger has he’s set his sights on a being a Marine recon- Justice Department team be a federal prosecutor. It raised the profifile of the higher offifice, such as naissance scout to a Yale prosecuting top Enron also provided ammuni- attorney general’s of- U.S. senator or governor, undergraduate to an aide executives. tion to his opponents fi ce, which traditionally positions occupied by for then-Rep. Charles His experiences as later that year, when served as a behind-the- fellow Democrats for the Schumer ’74 and then for a prosecutor provided he decided to run for scenes adviser to state foreseeable future. Bill Clinton’s presidential plenty of fodder for his attorney general. As a government agencies, But in March, fresh campaign, before he 2008 book, “Convictions,” fi rst-time candidate and said Norman R. Williams, off his second argument enrolled at Harvard Law in which he recounts all relative unknown in his director of Willamette this term before the U.S. School. After clerking for of his big cases and the adopted state, he had to University College of Supreme Court, Kroger a year, he landed a job in colorful rogues he en- learn how to raise money Law’s Center for Law and sounded content, at least 1997 as an assistant U.S. countered along the way and master the art of Government. for now. attorney in the Eastern as well as the unease he retail politics. Kroger has aggres- “I’d be very ambiva- District of New York, felt about what he was “I don’t look like sively pursued consumer lent running for a differ- where he quickly racked doing. Robert Redford, and I’m fraud cases and made ent offifi ce where you’re up a list of high-profifile Kroger admitted he very cerebral and actu- environmental protec- a politician first and not convictions against drug was bothered by the ally pretty introverted,” tion and drug treatment really a lawyer,” he said. dealers and mobsters. pressure and manipula- Kroger said. his other top priorities. “I love doing both.” But after he nearly tion he applied during Nevertheless, he “By and large, he’s seth stern ’01

58 harvard law bulletin summer 2011 c lass no tes president-elect of Hiram House, Ohio’s old- intergenerational transactions. the Senate voted to convict Porteous on all est youth camp. He has served on the board The American Jewish Committee four articles of impeachment, removing him of trustees for the camp, which is located in awarded jeffrey e. stone the Human from his seat on the federal bench. Schiff Chagrin Falls, since 1996. Barnes is a part- Rights Medallion in October, in recognition was formerly a prosecutor in the public cor- ner in the Cleveland office of Taft Stettinius of his outstanding leadership and contribu- ruption section of the U.S. Attorney’s Office & Hollister. tions to numerous educational, legal and for the Central District of California. Representing then Minnesota Governor- community organizations. The medallion is elect Mark Dayton, david lillehaug com- awarded annually to “Chicago citizens who 1986 philip h. ebling joined the San pleted his second statewide election recount. have stood for the goals that have shaped Francisco office of Duane Morris in its real In the recount of 2008-2009, he represented the AJC: human rights, equal opportunity estate practice group. Ebling’s practice now-Sen. Al Franken, including trying and for all, and constructive relations among focuses on representing private and public winning the seven-week televised election America’s many religious, ethnic and racial funds in areas such as joint ventures, loan contest trial. Since serving as U.S. attorney communities.” Stone is co-chair at McDer- workouts, secured and mezzanine financ- for the district of Minnesota, Lillehaug has mott Will & Emery. ing, equity fund formation, and commercial represented three U.S. senators, a governor, and retail leasing. a state auditor, the state House of Repre- 1984 michael bogdanow’s artwork was m.l. malcolm wrote “Heart of Decep- sentatives and the mayor of Minneapolis. written about in The Jewish Advocate’s ar- tion” (HarperCollins, 2011), a novel about He practices in the litigation department at ticle “Calendar artist isn’t the usual suspect: a man who becomes an international spy Fredrikson & Byron in Minneapolis. Women of Reform Judaism feature Boston to protect his family and be reunited with robert e. rosen wrote “Lawyers in lawyer Michael Bogdanow” in the Sept. 10, his daughter after World War II. “Heart of Corporate Decision-Making,” a book that 2010, edition. He was selected as the fea- Deception” is the sequel to “Heart of Lies” examines the roles corporate attorneys play tured artist for the (2010/2011) Art Calendar (HarperCollins, 2010). Malcolm is a jour- in representing and advising their institu- issued by the Women of Reform Judaism. nalist and public speaker. She won a silver tional clients. Rosen is a professor at the The calendar includes paintings and de- medal from ForeWord Magazine for Best University of Miami School of Law, where scriptions by the artist, largely inspired by Historical Fiction Book of the Year 2009 and he teaches courses in professional respon- Jewish stories and themes. Bogdanow is the was recognized in the Lorian Hemingway sibility, business associations, children and managing partner at Meehan, Boyle, Black International Short Story Competition. the law, sociology of law, and contracts. & Bogdanow in Boston. His artwork can be seen at www.michaelbogdanow.com. 1987 Arnold & Porter promoted 1980 The Detroit Institute of Arts elected deborah feinstein to the position of head alex l. parrish to its board of directors in 1985 lynn clarke has completed of the U.S. antitrust practice group at the January. The institute’s collections include “Evidence and Judgment,” her debut firm. Feinstein is an antitrust partner in more than 60,000 works, and it celebrated novel. Clarke works as special counsel in Arnold & Porter’s Washington, D.C., office. its 125th anniversary in 2010. Parrish is a the Charleston, W.V. , office of Bowles Rice She was also named Lawyer of the Year partner in Honigman Miller Schwartz and McDavid Graff & Love. Her book can be or- by Global Competition Review during its Cohn’s corporate and securities department. dered from Amazon.com. inaugural awards dinner in February. The In January, the global humanitarian award recognizes the achievements of teams 1981 service organization Rotary International and individuals from private practice firms, 30th Reunion Oct. 28-30, 2011 named john hewko general secretary. In academic institutions and competition au- this position, he manages more than 600 thorities. 1982 mary whisner and jeffrey employees at Rotary International and nina sankovitch is author of “Tolstoy toobin ’86 were recognized for their legal the Rotary Foundation, which annually and the Purple Chair: My Year of Magical writing by The Green Bag, a quarterly jour- distributes more than $180 million to fund Reading,” published by HarperCollins this nal. In the short articles category, Whisner educational programs and humanitarian spring. After her sister’s death, Sankovitch was named for “Enact Locally,” 102 Law Li- projects throughout the world. Hewko was vows to read a book a day. The results are brary Journal 497 (2010). Toobin was named previously a partner at Baker & McKenzie posted on her website, Read All Day.org, and on the news and editorials list for the second and vice president at the Millennium Chal- unfold in this memoir. year in a row. This year, he was recognized lenge Corp. lis wiehl, Fox News legal analyst, is co- for “Without a Paddle,” published in The a. michael pratt was inducted into the author of “Heart of Ice,” published in April. New Yorker, Sept. 27, 2010. Washington & Jefferson College Athletic The thriller is part of the Triple Threat Club theodore i. yi was named co-managing Hall of Fame in September. One of six new novels, featuring three female protago- partner of the Chicago office of Quarles & members, he was recognized as “one of the nists—a TV reporter, a federal prosecutor Brady in November. Yi focuses on helping most talented guards in Washington & Jef- and an FBI agent. implement the strategic business plan in the ferson basketball history.” He finished his Chicago office, while leveraging his knowl- career with 1,221 points, the third-highest 1988 dave jones was elected California edge of the Chicago legal community to con- total in school history at the time of his insurance commissioner in November. In tinue the firm’s growth. graduation in 1981. Pratt is a partner in this position, he is responsible for protect- Pepper Hamilton’s Philadelphia office. ing consumers and regulating insurance 1983 brian dethrow, a member of the adam b. schiff, U.S. representative markets in California, which has the fifth State Bar of Texas Tax Section, was recently for California’s 29th District, served as the largest market for insurance in the world named co-chair of its Energy and Natural “manager,” or prosecutor, for the impeach- with $125 billion in annual revenues. Jones Resources Committee. Dethrow is a partner ment trial of U.S. District Judge G. Thomas oversees a department of 1,300 employees in the Dallas office of Jackson Walker, where Porteous Jr. This was the first Senate with a budget of $156 million, and his priori- he focuses his practice on tax and business impeachment trial since the 1999 trial of ties include implementation of federal and planning for complex corporate, family and former President Bill Clinton. On Dec. 8, state health care reform, consumer protec-

summer 2011 harvard law bulletin 59 c lass no tes tion, and ensuring healthy and viable insur- Energy, a firm dedicated to helping develop American by Choice initiative highlights ance markets in California. Only 48 hours and finance clean-energy projects across the the importance of citizenship rights and after his swearing-in, Jones was faced with country. Finally, I’ve reignited my writing responsibilities through recognition of the numerous health insurance rate increases, career. I’ve launched ‘The Recovering Politi- outstanding achievements of naturalized and he was successful in getting insurers cian,’ a website dedicated to civil discourse U.S. citizens. She has worked with a vast to delay increases to allow him to examine on the issues of the day. I’ve recruited a few network of civil society and government their justification. He named adam cole ’89 dozen other ‘recovering politicians’ from organizations to develop innovative wom- as his general counsel. He resides in Sacra- across the country as regular contributors en’s and human rights initiatives around mento with his wife, Kim Flores (M.P.P. ’88), to the site, each of them writing from the the world, in countries including India, and their two children. unique perspective of former officials with Pakistan, Bangladesh, Nepal, Sri Lanka, experience in the arena, but who are now Vietnam, China, Cambodia, Malaysia, Indo- 1989 In January, marc c. levy was elect- freed from the biases and political pressures nesia, Mexico, Georgia, Russia and Egypt. ed a partner at Faegre & Benson’s Denver of incumbency. Please join the conversation Her work is focused on using international office. He focuses his practice on trademark, at www.TheRecoveringPolitician.com.” human rights norms to guide law reform advertising, and unfair competition litiga- initiatives. She is director of the Interna- tion and enforcement. Levy joined the firm 1993 cari dawson and lori lesser tional Human Rights Policy Programs at the in 2008. were ranked in The American Lawyer’s 2011 Wellesley Centers for Women. “I have moved my practice to Sidley list of the top “45 Under 45” women lawyers. jason a. levine, a capital partner in the Austin, where I am helping grow its new Dawson is a litigation partner at Alston & Washington, D.C., office of McDermott Will Palo Alto, Calif., office and the finance prac- Bird in Atlanta, and Lesser is an intellectual & Emery, was appointed head of the firm’s tice in all Sidley’s West Coast offices,” writes property partner at Simpson Thacher & 40-lawyer Washington trial practice group. pamela martinson. “I represent commer- Bartlett in New York City. The University of Oregon appointed cial banks and other lenders in syndicated The American College of Real Estate michael moffitt dean of the University of and leveraged lending transactions, with a Lawyers elected jon f. leyens jr. a fellow Oregon School of Law, effective this July 1. particular emphasis on technology borrow- this year. Leyens is a partner at Steeg Law in Moffitt has been a professor and associate ers and sponsor-led acquisition lending.” New Orleans, where he focuses his practice director of the Appropriate Dispute Resolu- robert odawi porter was selected as on commercial real estate leasing and de- tion Center at the law school since 2001, and the new president of the Seneca Nation of velopment, and business financing. He has he has served as associate dean for academic Indians. Porter, who is currently on leave spoken extensively at conferences on green affairs for three years. Prior to joining the from his position as a professor at Syracuse leasing, sustainable building and land use, faculty at UO, Moffitt was a clinical supervi- University College of Law, will serve a two- including at the 21st Annual Symposia, ABA sor of the mediation program at HLS. year term as head of the nation. Section of Real Property, Trust & Estate An emergency petition campaign spear- Law, and Green Matters Conference New headed by rebecca sharpless and five 1991 Orleans. human rights organizations earlier this year 20th Reunion Oct. 28-30, 2011 led the Inter-American Commission on Hu- 1994 larissa behrendt ll.m. s.j.d. ’98 man Rights to urge the U.S. government to In September, susan a. bocamazo was was named New South Wales Australian of halt deportations to Haiti of Haitian citizens named publisher of Massachusetts and the Year “in recognition of her passionate who are seriously ill or who have family ties Rhode Island Lawyers Weekly. She had and articulate advocacy for the rights of Ab- in the U.S. The petition drive was prompted been the publisher of the national legal pub- original and Torres Strait Islanders.” Beh- by reports in January that a recently deport- lication Lawyers USA since 2007. The three rendt is a Eualeyai and Kamillaroi woman ed man died in a Haitian jail after authori- publishing operations are part of the Dolan who is a professor of law and director of ties there failed to provide him with medical Company of Minneapolis. research at the Jumbunna Indigenous House treatment. Sharpless is an assistant profes- of Learning at the University of Technol- sor at the University of Miami School of Law 1992 “After practicing law for 17 years, ogy in Sydney. She is the author of several and director of its Immigration Clinic. first at firms in Silicon Valley and Austin, books on indigenous legal issues, and her Texas, and then for seven and a half years as latest novel, “Legacy,” released in 2009, won 1995 In January, walid hegazy ll.m. Google’s first trademark counsel, I retired a Victorian Premier’s Literary Award. See s.j.d. ’07 was elected a partner at Crowell & from the practice in January 2010,” writes a full profile of Behrendt from the Sum- Moring. He serves as the managing partner rose hagan. “Now I’m pursuing a career mer 2005 HLS Bulletin at http://www.law. of the firm’s affiliate Cairo office and rep- in the arts—painting, designing and mak- harvard.edu/news/bulletin/2005/summer/ resents and advises clients on transactions ing jewelry, and learning glass blowing. I’ve classnotes_04.php. and disputes involving the commercial laws participated in open studios and exhibited denise (jefferson) casper was ap- and regulations of many Middle East coun- in several states, and my work is in private pointed a U.S. District Court judge for the tries, including Egypt, United Arab Emir- collections throughout the U.S.” District of Massachusetts. Casper, who ates, Saudi Arabia, Qatar and Libya. His “On April 1, after serving nearly my took office in January, previously served as main areas of expertise are Islamic banking entire adult life in elected or appointed of- the deputy district attorney for Middlesex and finance, project financing, corporate re- fice, I leaped to the private sector,” writes County and as assistant U.S. attorney for the structuring and corporate governance. jonathan miller. “First, I’ve joined the District of Massachusetts. Massachusetts Lawyers Weekly selected Lexington office of Frost Brown Todd, a U.S. Secretary of Homeland Security christine g. (solt) savage as a “Top full-service regional law firm with offices Janet Napolitano bestowed an Outstanding Woman of Law” for 2010 for outstanding in Kentucky, Ohio, Indiana, and Tennessee, American by Choice Award on rangita de leadership and advocacy in the health care where my practice will span energy, finance silva-de alwis ll.m. s.j.d. ’97 in Septem- industry. She was honored at a reception and technology issues. Second, I’ve taken ber for championing women’s and human in Boston on Dec. 3. Savage is chair of the the position of senior adviser to Wellford rights around the world. The Outstanding healthcare group at Choate, Hall & Stewart.

60 harvard law bulletin summer 2011 c lass no tes

curities enforcement actions, securities and edition of my treatise ‘International and 1996 derivative litigation, accounting malpractice Domestic Arbitration in Switzerland’ was 15th Reunion Oct. 28-30, 2011 and fraud actions, and complex commercial published by Sweet & Maxwell in November litigation. 2010.” robert h. vischer, a professor at the e. michelle drake was named a part- University of St. Thomas School of Law in 2000 mark bellomy, lowell segal and ner at Nichols Kaster in Minneapolis. Her Minneapolis, is author of “Conscience and stephen moeller-sally ’01 were made practice focuses on representing employees the Common Good: Reclaiming the Space partners at Ropes & Gray. Bellomy works in and consumers in class actions. Between Person and State,” published by the firm’s intellectual property transactions samuel moyn, a professor of history Cambridge University Press in 2010. practice in the Boston office. Segal works at Columbia University, is author of “The in the Silicon Valley office in the firm’s life Last Utopia: Human Rights in History,” 1997 “I have joined the law faculty of Qa- sciences practice. Moeller-Sally works in published last year by Harvard University tar University,” writes francis botchway the bankruptcy and business restructuring Press. ll.m., also noting that his book on natural practice in the firm’s Boston office. The Bar Association of San Francisco’s resource investment and Africa’s develop- joshua a. berman joined Kelley Drye Criminal Justice Section appointed jessica ment is due to be published by Edward & Warren in New York City as a partner. He nall co-chair of its executive committee. Elgar Publishing, U.K., this spring. focuses on complex commercial litigation, This one-year appointment began in Novem- corporate control disputes, securities and ber. Nall is a partner at Farella Braun + 1998 The managing principal of Fish & financial industry matters. Martel. Richardson’s Twin Cities office, ann cath- In November, bill frick won election cart chaplin, was elected to the firm’s to a second term in the Maryland House of 2002 In January, McKool Smith promoted management committee for a two-year term. Delegates, where he represents Bethesda, jason blackstone to principal in the firm’s The committee is responsible for strategic Chevy Chase and Potomac. When not serv- Dallas office. Blackstone practices in intel- planning, practice development, lawyer ing in Annapolis, he practices with the lectual property litigation and commercial and law firm management, organizational Washington office of Akin Gump Strauss litigation. structure, financial performance and overall Hauer & Feld. kevin m. fee was elected a partner in leadership of the firm’s 11 offices. The United States Commission on Civil the Chicago office of Sidley Austin in Janu- allison (harnisch) leotta, a federal Rights appointed angelique r. vincent ary. Fee works in the complex commercial sex-crimes prosecutor in D.C., published to the South Carolina State Advisory Com- litigation practice, and he has represented her first novel, “Law of Attraction,” about a mittee. Vincent, an attorney with Robinson business entities and individuals in a range fictional sex-crimes prosecutor in D.C. Le- Bradshaw & Hinson in Charlotte, N.C., was of matters in state and federal court at both otta was featured on the cover of Suspense nominated by U.S. Rep. John Spratt to serve trial and appellate levels. Magazine in September. See www.allison on the bipartisan independent commis- In February, the American Law Insti- leotta.com. sion of the federal government responsible tute conferred its new award, the Young christopher lovrien was named for investigating, reporting on and making Scholars Medal, on jeanne c. fromer. partner-in-charge of the Los Angeles office recommendations on national civil rights The award was created to “call attention to of Jones Day. His practice involves commer- issues. academic work that is practical, focused on cial litigation with emphasis on securities, the real-world and can influence law for the antitrust and class-action matters. 2001 In February, the American Law In- better.” Fromer is an associate professor at earl g. matthews writes, “I recently stitute conferred its new award, the Young Fordham School of Law who teaches in the completed a one-year deployment to Af- Scholars Medal, on oren bar-gill ll.m. areas of intellectual property and contracts, ghanistan as a reserve Army judge advocate. s.j.d. ’05. The award was created to “call at- specializing in information law, with par- I was awarded the Bronze Star Medal by my tention to academic work that is practical, ticular emphasis on unified theories of pat- commander, brig. gen. mark s. martins focused on the real-world and can influence ent and copyright law. Prior to her appoint- ’90, upon completion of my tour. Martins is law for the better.” Bar-Gill is a professor ment at Fordham, she served as a law clerk the commander, Rule of Law Field Force Af- at New York University School of Law and to Judge Robert D. Sack of the U.S. Court ghanistan. Several HLS graduates served in teaches courses on contracts and law, eco- of Appeals for the 2nd Circuit and justice Afghanistan during my tenure there.” nomics and psychology, among other sub- david h. souter ’66 of the U.S. Supreme In January, michael e. o’brien was jects. He focuses his research on behavioral Court. Fromer is the author of “The Layers elected counsel in the employee benefits law and economics, consumer contracts, of Obviousness in Patent Law” (Harvard group at Seward & Kissel in New York City. contract law and economic analysis of law. Journal of Law & Technology, 2008; Intel- His practice focuses on ERISA and em- He is the author of “The Law, Economics lectual Property Law Review, 2009) and ployee benefits and executive compensation and Psychology of Subprime Mortgage “Claiming Intellectual Property” (University matters. Contracts,” which appeared in the Cornell of Chicago Law Review, 2009). She also tamatha richardson schreinert was Law Review in 2009; “Making Credit Safer,” wrote “Trade Secrecy in Willy Wonka’s appointed in April 2010 as a court master which appeared in the University of Penn- Chocolate Factory,” a chapter which will for the 2nd Judicial District Court in Reno, sylvania Law Review in 2008 (with Eliza- appear in “The Law and Theory of Trade Nev. Schreinert hears matters involving pro- beth Warren); and “Mobile Misperceptions,” Secrecy: A Handbook of Contemporary tection orders, custody, divorce and child which appeared in the Harvard Journal of Research” (Edward Elgar Publishing, forth- support. Law & Technology in 2009 (with Rebecca coming 2011). Stone). He is also the author of a forthcom- Steptoe & Johnson announced in January 1999 eric “rick” halper was appointed ing book, “Market Failure and Behavioral that greg kidder was named a partner in principal in the New York City office of Economics” (Harvard University Press). the Washington, D.C., office. Kidder’s prac- McKool Smith in January. His practice fo- bernhard berger ll.m. writes, “I am tice focuses on federal income taxation but cuses on white-collar criminal defense, se- happy to inform you that the English second also includes international tax matters and

summer 2011 harvard law bulletin 61 PROFILE REBECCA HAMILTON ’07 ANALYZES A CITIZENS’ ADVOCACY MOVEMENT FROM THE INSIDE

Learning from History

REBECCA HAMILTON argument is that we ’07 has traveled would all be much better extensively in Sudan, off if you would put the interviewing powerful fl oodlights on the whole generals in the north and country and look at how refugees in Darfur who interconnected these had survived murderous conflfl icts in Sudan are,” government raids. But she says. that was easy, she says, In the end, Hamilton compared to the delicate believes that the activist task of talking about the movement wasn’t able to book that resulted. Rebecca Hamilton, achieve results in Darfur “Fighting for Darfur: interviewing the vice because it was “based on

president of southern ERBEHAYE G

Public Action and the Sudan, Riek Machar C a theory of change that ÉDRI

Struggle to Stop Geno- C was out of date.” The cide,” published early lesson after Rwanda, she this year, is a look at the notes, was that “if the advocacy movement that “IF PEOPLE DON’T SPEAK UP, THEN NOTHING WILL EVER CHANGE. American public just cre- Hamilton was part of and THE QUESTION IS HOW TO DO IT MOST EFFECTIVELY.” ated enough of an outcry, which she has now come Washington would act, to critique. and it was Washington As a student at asked. “I felt that nobody also brings up negative fl icts in Sudan: the split that had unparalleled Harvard (HLS and the had gone and spoken consequences: “policy- between the predomi- global inflfl uence to get Harvard Kennedy to the people who were makers starting to spend nantly Muslim north change on the ground.” School), she pressured making policy behind their time responding to and the Christian and But after the invasion of the Harvard Corporation closed doors to assess the advocacy community animist south, and the Iraq, she says, U.S. power to divest from compa- the impact of the Darfur rather than doing what negotiations Khartoum was greatly diminished, nies that supported the advocacy,” she says. was actually needed had agreed to under and other actors such Sudanese government That is exactly what to get change on the international pressure. as China were the more and was a driving force Hamilton has done. ground.” This was a problem inflfl uential players. behind the formation of The inquiry that began What Hamilton fi nds for the U.S. govern- Hamilton says she is the citizens’ campaign as a research paper at daunting in talking about ment as well, she says, heartened to see people for Darfur, the biggest Harvard turned into a the book is conveying adding that this divided who have been involved social movement in four-year project that these lessons for the fu- attention buys into the in Darfur advocacy en- the United States since takes readers into the ture without suggesting Sudanese government’s gaging over the conflflict the campaign against corridors of power. that citizens shouldn’t be strategy. For example, in Libya and not focus- Apartheid. Hamilton conducted 150 engaged with complex says Hamilton, taking ad- ing on the question of But by her 3L year, she interviews with policy- foreign policy issues. vantage of world atten- genocide as they had in saw that although activ- makers in the U.S. and “You want people to tion being focused on the Darfur (another lesson of ists were making their the United Nations, as retain the hope that they split between the north Rwanda). voices heard and shaking well as offifi cials from the can make a difference. and the soon-to-be-inde- “What’s at play [in up the political system, Sudanese government, And I think that the hope pendent south following Libya] are crimes against it wasn’t translating into the African Union and is real. I think that if peo- a self-determination humanity, and I think it’s change on the ground the Arab League. She also ple don’t speak up, then referendum in January, a signal of maturity in in Sudan. Hamilton took tells the story of four nothing will ever change. Khartoum has stepped the activist movement a step back to ask why. American advocates. The question is how to do up bombing in Darfur. that they now don’t “Was it that advocates She highlights the it most effectively.” Sudanese people she have to have something needed to do more of the movement’s successes. Part of the problem, has interviewed, says labeled as ‘genocide’ same on a larger scale, It got policymakers’ she says, is that activists Hamilton, urge American before they understand or was there something attention and kept pres- did not put Darfur in activists and government it’s something important wrong with the basic sure on elected offifi cials the bigger context of offifi cials to stop jumping to engage with.” operating theory?” she to take action. But she the overarching con- on the crisis point. “Their emily newburger

62 harvard law bulletin summer 2011 c lass no tes tax controversy, as well as corporate trans- to shaping the future of the world.” This actional, planning and compliance matters. year 190 individuals from 65 countries were 2007 shawn o’connor is the founder chosen out of nearly 5,000 nominations. and president of Stratus Prep, a test-prep 2003 In September, elizabeth m. lynch Others who have been chosen for this honor and admissions counseling company for began working for MFY Legal Services in in the past include heads of state, corporate students applying to postgrad law and busi- its foreclosure prevention practice. MFY executives, entrepreneurs, policymakers, ness school. There is a sliding-scale plan for provides free legal assistance to residents of Olympic athletes, actors and artists. Over tuition and consulting costs, and they make New York City on a wide range of civil legal the next five years, Rinne and Mulqueeny a special effort to help underprivileged issues, prioritizing services to vulnerable will have the opportunity to attend Davos students get into law and business school. and underserved populations, while simul- and get involved in a variety of other World O’Connor recently created the Stratus Foun- taneously working to end the root causes Economic Forum-related activities, includ- dation, a 501(c)(3) charity, which provides of inequities through impact litigation, law ing topic- and geography-specific summits full scholarships for Stratus Prep’s test-prep reform and policy advocacy. She and one of and various initiatives (e.g., water, environ- and admissions counseling services to the her clients, Lilla Roberts, a retired 73-year- ment, poverty, health). Mulqueeny is senior most deserving students. old, were profiled in a New York Times counsel at the Asian Development Bank, article in December (http://www.nytimes. and Rinne is director of the WaterCredit 2008 In February, jonathan s. sar com/2010/12/04/business/04nocera.html). Initiative at Water.org. joined Brownstein Hyatt Farber Schreck’s Lynch, who was working to help Roberts Denver office as an associate in the cor- keep her home, said this in an email quoted 2005 Crowell & Moring promoted peter porate and business group. Sar’s practice in the article: “It’s offensive that [Bank of eyre and neil m. sitron to counsel in focuses on mergers and acquisitions and America] thinks a foreclosure action, an January. Eyre works in the firm’s Washing- private equity. He was previously an as- eviction notice of an elderly woman sitting ton, D.C., office in the government contracts sociate in the transactions department at in her house fearing that she will spend the group. Sitron works in the firm’s corporate O’Melveny & Myers in Los Angeles. remainder of her days in a shelter, is some group, also in the Washington, D.C., office. “I have recently joined the 11th Judicial sort of party invitation that can be ‘rescind- rebecca ingber received a Council on District Attorney’s Office in Farmington, ed.’ ... Their disrespect for the law is appall- Foreign Relations fellowship in March. N.M., as an assistant district attorney,” ing. But it is a pattern of behavior that led to ory okolloh writes, “After three years writes ken stalter. “My caseload com- this crisis and that is continuing to keep this as a co-founder and executive director of prises primarily DWI and domestic violence country in this crisis.” Ushahidi.com, I joined Google in January prosecutions. The community is directly In January, eugene y. mar was pro- as its policy and government relations man- adjacent to the Navajo Nation, which occa- moted to partner at Farella Braun + Martel’s ager for Africa.” sionally presents unique legal and cultural office in San Francisco. Mar focuses his issues.” practice on intellectual property litiga- 2006 In 2010, jeremie dufault repre- tion—specifically, patent litigation—and sented a building owner in Wapato, Wash., 2010 nicole simon joined the Philadel- has represented clients in patent, copyright, during a settlement involving a defaulted phia office of Stradley Ronon in its invest- trademark and trade dress disputes in fields loan. The agreement allowed the only ment management/mutual funds practice such as computer software. homeless shelter in the Lower Yakima Val- group in November. She assists investment alexandra mccormack wrote to ley, serving 40 to 50 people daily, to remain companies, investment advisers, and bro- announce her marriage to Dimitrije Mitri- open. ker-dealers on regulatory and compliance novic´ (A.B. ’00 M.B.A. ’07) on June 12, 2010, james goodnow and a team from issues and provides advice for investment at the River Café in Brooklyn, N.Y. Judith Fennemore Craig’s Phoenix office have re- management clients in all aspects of legal Kaye, former chief judge of the state of New cently instituted a new way to communicate representation. York and chief judge of the New York Court with clients called the “Red Phone,” which of Appeals, officiated. The couple celebrated uses dedicated iPad/iPod Touch technology. with david barrett ’01, sheila (flynn) This program provides access to all case- barrett ’01, dharma betancourt ’06, relevant information wherever the client/ clifford chen ’06, daniel chung, re- lawyer may be. Goodnow is an associate becca goldberg ’07 and ashwin vasan with Fennemore Craig’s personal injury Send ’07. McCormack is a senior mergers and ac- practice group. quisitions associate at Skadden, Arps, Slate, jeffrey jamison joined Dykema’s Us Your Meagher & Flom. Chicago office as an associate in January. His practice focuses on financial services News 2004 justin driver was recognized for litigation. He had previously been a litiga- his legal writing by The Green Bag, a quar- tion associate at Sperling & Slater, where he Alumni updates may terly journal. In the short articles category, represented clients in commercial litigation, be emailed to the journal named Driver for “Why Law class actions, consumer protection from Should Lead,” published in The New Re- deceptive acts and contract disputes, among [email protected]. public, April 2, 2010. others. In March, april rinne and kala mul- michael masters was featured in an Deadline for the queeny s.j.d. ’08 were named “Young article, “Top Cop’s Top Guy: Michael Mas- next issue: Global Leaders” by the World Economic Fo- ters serves and protects as chief of staff for sept. 16 rum. The forum annually selects individu- the superintendent of the Chicago Police als under 40 for this honor based on their Department,” in the March 5-11, 2010, edi- “professional accomplishments, commit- tion of The Chicago Jewish News. ment to society and potential to contribute

summersummer 2011 harvard law bulletibulletinn 63 Head TK

12

NEARLY SPRING REUNIONS A RECORD RETURN 800 ATTEND photographs by martha stewart

1. Santiago J. Rendón LL.M. ’86, Camila Canales, Gregorio Canales-Zambrano LL.M. ’86 and Carolina Canales 2. Antonio Rossmann ’71, David Rokoffff ’71, Kenneth Stahl ’71, his wife Shirley Ripullone, Rick DuBard ’71, Carolyn Denham and Ira McCown ’71 3. 2001 LL.M. classmates Vivian Liberman, Maria Espina Molina and Nicole Duclos Toporowicz 4. William Zabel ’61 5. 2006 classmates (bottom row from left) Ryan Posey, Melinda Chow Alankar, Susan Bernabucci Charnaux, Donny Low LL.M.; (top row) Jennifer Ralph Oppold, Aadil Ginwala, Daniel Urman, Michael Masters and Martin Bell 6. 1986 classmates Elizabeth Santos Regan, Amy Freilich, Mary Ruth Houston, Kenny Chin 7. Adrienne Hunter-Strothers ’01 (center), her husband Bruce Strothers and Daniele Jean-Pierre ’01 8. Herbert Yanowitz ’61, his wife Elysa Yanowitz and their dog Toto 9. 1976 classmates Arnold Rosenberg, Douglas Campbell, Henry Beck Jr. and Charles Cole 10. 2006 LL.M. classmates Ernest Kofifi Abotsi, Jeanette Aliaga Farfan, Ana Paula Martinez, Sheila Bohm and Gabriel Ejgenberg 3 4 11. Enid Goubeaux and Aman Verjee ’01 12. Class of 1971

5 6

64 harvard law bulletin summer 2011 For more coverage of Spring Reunions, go to http://tinyurl.com/HLS-Reunions

7 8 9

10

11 12

summer 2011 harvard law bulletin 65 AUTHORS AND AUTEURS BOOKS AND MOVIES BY HLS ALUMNI

“Battle Hymn of the Tiger INNOVATION AND CONSOLIDATION Mother” by amy chua ’87 (Penguin). “The Master Switch: The Rise and Fall The roar that accompanied the publi- cationc earlier this year of Information Empires” by Tim Wu ’98 of Chua’s memoir has (Alfred A. Knopf). Wu’s book explores resounded around the how forms of information exchange Internet, with seeming- developed during the 20th century—from ly everyone sharing an opinion—many vitriolic telephone to radio and film—were born out and some supportive— of individual innovation and eventually consolidated into abouta the ultrastrict industries controlled by moguls and corporate empires. parenting techniques Chua espouses in In a history that includes portrayals of industry players the book. such as AT&T’s Theodore Vail, Wu considers whether this pattern will be the fate of the Internet as well, putting “The Elusive Promise of a single power in control of “the master switch.” Indigenous Development: A professor at Columbia Law School, Wu was a Rights, Culture, Strategy” by karen engle ’89 (Duke visiting professor at HLS this past year. He recently University Press). became the senior adviser to the Federal Trade This exploration of Commission for consumer protection and competition indigenous movements issues that affect the Internet and mobile markets. in the Americas since the 1970s focuses To watch Wu discuss his book at an event sponsored on how they have by the HLS Berkman Center for Internet & Society, go to interacted with http://bit.ly/Wu-Master-Switch. and participated in the creation of international law.

in the Times’ trasting his theory with the claims of “King of Capital: The Remark- newsroom during “originalists,” Strauss argues that the able Rise, Fall, and Rise Again a year of layoffs, Constitution can evolve, as it is shaped of Steve Schwarzman and when WikiLeaks by the judicial decisions and legal and Blackstone” by john e. morris was becoming a social demands of each generation. ’89 and David Carey major player, explores the print media’s (Crown Business). The struggles to survive in the age of the authors, both financial Internet. The film debuted at the 2011 “Figures of Speech: First journalists, examine Sundance Film Festival and will be re- Amendment Heroes and Vil- how the private equity leased in theaters later this year. lains” by william bennett turner firm Blackstone sur- ’63 (PoliPointPress). vived the financial melt- Turner looks back at down and emerged as a “The Living Constitution” by inndividuals—including force on Wall Street. They also consider david a. strauss ’78 (Oxford Univer- Communists, Jehovah’s whether private equity firms do more sity Press). Strauss, a professor at the Witnesses, Ku Klux harm than good to the companies University of Chicago Klansmen, prison war- they own. Law School, examines dens, federal judges, the process of consti- pornographers and tutional interpretation even James Madison—who played a “Page One: A Year Inside the and rebuts the idea of role in the cases that have developed New York Times” by andrew an unchanging, static our modern understanding of the First rossi ’98. This documentary, filmed Constitution. Con- Amendment.

66 harvard law bulletin summer 2011 because itmeantthatyouhad from thestudentsatHarvard the teachingawardhereceived Marc statement totheHarvardcommunity, w much ashehadenjoyedhistime e m important thanhisown.His a those remembrances are excerptsfromsomeof Times editorialpage.Below preciation ontheNewYork an HLSjournalsite,totheap- from hisformerstudentson obituaries, tothepostings to quotationsinnumerous vice atPark StreetChurch, in manyways,fromtheser- Christian hasbeeneulogized Law Schoolandevangelical criminal justiceatHarvard 52, therenownedscholarof death onMarch15atage SINCE WILLIAM STUNTZ’S TRIB Marc rial serviceatPark StreetChurch, sarah stunt know should “students—you dean marthaminow severe capacities tounderstanditare s Bill oncewrote to usof teaching you,andthathespoke what wefi f an of theneedforhumilit t lived hislife.Inknowin to couldn’t helpbutbereminded was t “am Amazing Grace or ju h h njoyed yourtimewithhimas s thoughtheyweremore ith you.” ost at t ou d l ive

l h h o ive ld

U h d 19 15 t h n r l e gment an l

e wor T y easu i b that mydadadored g d f y g E e, an e asour l fi our accomplishments

hi imite race wit h nd aroundus.” z is , atherfather’s memo- r s ld ed l d many i WILLIAM STUNTZ: f isnotw t d , e inreco

‘We understand acco h .’ He d b at ourown wor h , etter se

f w rom a l d g ade h k escri ifts tous ic y h g torepair g andalso . at it h Bill,we

w nition

h l ves. b as e e d ,

e the kindoftonethatsomeone sports caroravinta a hesitantly broachedthesubject: naril contra empowerin Marc wi q hls professorcarolsteiker’86 won d f successful, and g the b u and hiswholefacewouldlight . “if somebody made f … wanted toknow...isthatok?’ I ‘ f evangelized. …SoIsatacross C m was safetoassumethatwhat C know muchaboutevan sor Stuntz’s offi and 2006, “it’s irrep t rea strikin e in was inman reall hewouldsayinthis point, someone who,Ithink,istrul conservative t the .. nice,’ ….Hewouldsa So youmayhavenoticed...that amnotquiteChristian.Ijust orward conspiratorially and r acult 1 h uote l l lly reat theirideascouldbe.... hristians wasthefactthatthey hristians, butIthoughtit i ut p. Asacollea ThenProfessorStuntzleaned o icite se mig ade d e h ll 958 m Pr n’t cance ll “ y y y isn’t an ing torecognize is views.Hiscontra f One o h d y w y sa addeduptomakehim couldcontributeandhow y or stu l d acea 18

er appreciativetone,‘Nice humble.Hewasmore y t d inT g d h , andalsomoreradical y -2 o a‘nice,’ Iwas t f aboutBillwasthathe ictions. …Hewasrea h h e ‘a trueori u f at peop m 0 esso t useto h l f bl peop d t e BostonG 1 y y g d ents, It e. T l h 1 one wa becausehewas eac iff e t g r h fi ce. …Ididn’t ue, wheneverI h e Stu an man y y l h r e, h ere area l et extraordi- l s abundleof i ings t e e meanw d I’m inProfes ot k g n n b escri e h ina g t t ut t l h in h o fr h z e wine, ow muc b er out; im.’ h a k y l d h o y e, a g .’ He’s ri b h itwas n itin ictions ont m at’s elical e a g ere re- ll d ’ l ood e

ot o ot h 6 d y en , lly h h , h

e - e f r damn borin sistant pro insig t tribute artic p tejinder singh’0 f cret? I’m so whispered, ‘CanItellyouase- ing withBillfeltlike.Iwould Thisiswhatwork- will gonext. He can’t fi pretty soonhe’s simplystumped. and writesdownthenotes.But is heading.‘Yes, yes,’ hesays, Sa wasn’t …Atfi exactlyMozart. perfectly fi last compositions.Salieriwasa helping Mozartwithoneofhis movie ‘Amadeus’ whenhewas Bill. Isa blog [‘LessthantheLeast’]with authoring several articlesanda “i had the f hls professor t reason, Ibecameaprofessor, to sa he wouldreadallm yet …hewouldstopbymyoffi “the wh Polic m what likethecomposerSalieri always feelthatway. Ifeltsome- students sc o rom t rom me.I h h osted withthoseofothe f ust t h e wa at I li o h e y l l e mainreasons,t h y ri h Reviewsit es] an ar. h b aboutthem,with , t. Irea t. March15 e Harvar ca y a ecame acrimina y ” , I v ontheHarvardLaw& fi privile n gure outwhereMozart e fi d o f f see f every i ne composer, buthe le time le time d d g g essor, e ll privile

lad , .’ l h j t y t ” l d anesk’ eannie suk wh ave somet in i e 8 LawSc f g e wou , fromatribute h y e, butitdidn’t b t s in ou’re different e h h o ummer g r e wasver d e k y e e ofco I w

w y t drafts [of M h h h ld e wasone oo r o e primar as

h o l

n g b oug l h 0 l z on aw

reat de e so 2 a a in , - n r

fi t g l rf 2011 h ine y as fi rst u i t ce ll - l y , ,

, harvard law bulleti k and reasonand,fi them thealliancebetweenfaith profound. Hereaffi thinkers hisinfl of America’s leadinglegal was livin is thecapstonetocareerof Crimina t a one-wa too manyblackmen... conventiona often demonstratin nections thatnooneelsesaw, and sometimesevenantici keep upwithhimforawhile, the author. 23. Reprinte Times editorialappreciation,March lincoln caplan’ literally redefi return mercytocriminaljustice, orthodoxies inhisquestto s and prosecutors,leadingtoa boundless discretiontopolice expandin by sc one ofthemostinfl of collapse “‘the memorial service University o david ru way w Sc to somenewlevel,leavin exactl Stuntz, to h y nowledge andgoodness.” h h h stem thatwron l en t e o ere t oo “The bookar “The “Whenherefutedlegal o h b l e misru h ars o l s f e , y kee e wou

f l h backwards. rom t aw h l in Justice’ g e i y g l hisfaith.Onman ratc f b , professoratthe d d f criminallaws t h Pennsy d wit e pu . Bi h h as ld l eas weregoing; l fi e o e Par wis ning thefi e past fl ta 76 h ll h , uence wasmore b March19 6 bl cou permission et o g f een rep fi , fromaNewYork b po k nally, between d ues thatthe k g fi is l y Wi fl e t vania Law om StreetC l uential legal ” rm h y g f l ld g ever itics, wit punishes h e thatthe eneration. Am ed d ma e ana h . ll fi t as t iam l f eld ace h e g g - k o h is r ivin me f e con ica p n r urc h rom ly , y y d he ate ings 67 b h ear, sis

n h ut g

GRACE BENSON PHOTOGRAPHY - TRIBUTE JOSEPH H. FLOM ’48: 1923-2011

A Giant in Corporate Law and Public Service

JOSEPH H. FLOM ’48, the last important in helping lead living name partner at Skadden, Harvard Law School in the fi elds Arps, Slate, Meagher & Flom of bioethics, biotechnology and and an architect of takeover health law policy, providing not practice, died Feb. 23, 2011, in only generous financial support New York City. He was 87. Flom but important inspirational helped transform a small New leadership in urging the school York City firm into one of the to confront the mass of issues most powerful legal institu- raised by advances in biotech- tions in the world. He was also nology and to tackle today the a visionary philanthropist who bioethical and biopolicy issues of launched transformative initia- tomorrow,” said Elhauge, who is tives at Harvard Law School and also the founding director of the elsewhere. Petrie-Flom Center. “I have never In the 1960s, Flom rose to met someone so farsighted in the prominence as a top lawyer in fi elds of others and so selflfl ess in corporate mergers and acquisi- seeking to contribute to them.” tions, especially as an adviser In 2006, Flom founded the Jo- in proxy battles. He is widely seph H. Flom Global Health and recognized as the pioneer of Human Rights Initiative, a part- takeover strategies used today nership between the Petrie-Flom by bidders, targets and invest- Center and the Human Rights ment bankers. He is profifiled in Program at HLS. The Joseph Flom Lincoln Caplan’s (’76) book “Skad- Professor of Law and Business, den: Power, Money, and the Rise endowed by Skadden and its of a Legal Empire” and Malcolm partners, including Flom, was es- Gladwell’s “Outliers: The Story of tablished at the school in 1998. Success.” It is currently held by Guhan A strong supporter of Subramanian J.D./M.B.A. ’98, who Harvard Law School, serving on teaches courses in negotiation the Dean’s Advisory Board, he and corporate law. was involved in many far-reach- “NO ONE COULD CONSULT WITH JOE WITHOUT COMING Professor Robert Clark ’72, ing philanthropic endeavors AWAY INVIGORATED, CHALLENGED TO REACH HIGHER AND who served as dean of HLS from over the course of his career, 1989 to 2003, said of Flom: “The at the school and beyond. In ENLARGED BY HIS IMAGINATION.” —DEAN MARTHA MINOW more I got to know Joe, the 1988, he co-founded the Skad- more I felt we were soul mates den Fellowships, a program in important ways. We both felt through which the fi rm annually live on in what we and others Foundation, he founded the that the law school played a supports at least 25 law school strive for in the pursuit of law’s Petrie-Flom Center for Health really important role in society graduates to work in public service to the world.” Law Policy, Biotechnology, and by training good corporate interest jobs for up to two years. Flom grew up in Brooklyn in Bioethics at HLS in response to lawyers. Having businesses “Joe Flom was a giant in the the 1920s and served stateside the need for leading legal schol- run according to a sound set of legal profession, a giant in the during World War II. He was arship in these fields. The center corporate law rules contributes world of corporate transactions, accepted to Harvard Law School tackles a wide range of issues, to the way they function and a giant in public service and without a college degree and bringing together top scholars how much good they do for all a giant in the life of Harvard graduated cum laude in 1948. He from a variety of fields in an the people touched by them. … Law School,” said Dean Martha later received an honorary doc- interdisciplinary approach. He But Joe was not only one of the Minow. “No one could consult torate in humane letters from also helped endow the Carroll very best corporate lawyers … he with Joe without coming away Queens College and an honorary and Milton Petrie Professorship was someone who cared about invigorated, challenged to reach doctorate of laws from Fordham of Law at HLS, currently held by other social policy matters, as higher and enlarged by his University. Einer Elhauge ’86. we know from his ultimate gifts imagination. His legacies will In 2005, with the Petrie “Joe Flom has been hugely to the law school.”

68 harvard law bulletin summer 2011 OBITUARY INFORMATION IN MEMORIAM Notices may be sent to Harvard Law Bulletin, 125 Mount Auburn St., Cambridge, MA 02138 or to [email protected]

1930 – 1939 arthur levy jr. ’43 frank r. rinaldi ’50 melvin r. seiden ’55 stanton j. price ’64 Feb. 18, 2011 Jan. 9, 2011 Jan. 14, 2011 Nov. 1, 2010 jorge s. casteleiro ’35 joseph quattrone ’43 leonard decof ’51 jerold s. solovy ’55 peter booth ’65 Feb. 22, 2009 Nov. 26, 2010 Dec. 31, 2010 Jan. 19, 2011 Dec. 23, 2010 a. arthur giddon ’35 john a. reilly ’43 sherwin kamin ’51 berry h. edwards ’56 neal s. mccoy ’65 Nov. 24, 2010 Oct. 7, 2010 Oct. 27, 2010 Dec. 7, 2010 Sept. 25, 2010 joseph a. patrick ’35 james d. voorhees ’43 james t. lynn ’51 joseph f. fidler jr. ’56 daniel r. mitchell ’66 Sept. 16, 2010 Dec. 4, 2010 Dec. 6, 2010 Dec. 21, 2010 March 21, 2011 henry weigl ’36 marvin s. cowan ’45 richard c. marcus ’51 henry h. norwood ’56 donald p. rothschild Oct. 30, 2010 Dec. 12, 2010 Nov. 19, 2010 March 2, 2011 ll.m. ’66 milton m. carrow ’37 david j. k. granfield ’47 a. robert matthews ’51 e. donald shapiro ’56 Feb. 28, 2011 Nov. 14, 2010 July 31, 2010 Sept. 5, 2010 Dec. 27, 2010 aram r. schefrin ’66 sidney f. hooper ii ’37 joseph h. flom ’48 lawrence d. shubow ’51 elliott h. stone ’56 Nov. 4, 2010 Feb. 14, 2011 Feb. 23, 2011 Feb. 22, 2011 Dec. 19, 2010 david h. hickman ’67 john litwack ’37 charles fredericks jr. ’48 james k. edwards ’52 james urdan ’56 March 8, 2011 Nov. 9, 2010 Dec. 30, 2010 Oct. 31, 2010 Nov. 28, 2010 patrick l. baude ll.m. ’68 h. turner frost ’38 robert reed gray ’48 allan n. littman ’52 richard m. wall ll.m. ’56 Jan. 26, 2011 Oct. 20, 2010 April 5, 2011 Dec. 20, 2010 Sept. 14, 2010 gerald j. gervino ’68 william k. van allen ’38 haskell h. grodberg ’48 murray m. mccolloch ’52 c. murray adams ’57 July 10, 2010 Feb. 3, 2011 Dec. 16, 2010 Oct. 28, 2010 March 29, 2011 john o. j. shellenberger charles f. woodard ’38 wayne johnson jr. ’48 arthur a. murphy ’52 fred bunker davis ’57 iii ’69 July 31, 2010 Oct. 20, 2010 Sept. 20, 2010 Oct. 30, 2010 Dec. 1, 2008 samuel z. gordon ’39 newton kalman ’48 j. lawrence stier ’52 seth waller ’57 March 16, 2011 April 18, 2010 Feb. 20, 2011 Jan. 4, 2011 1970 – 1979 john o. honnold jr. ’39 sumner z. kaplan ’48 howard a. weiss ’52 jerry d. anker ’58 james l. seal ’70 Jan. 21, 2011 March 22, 2011 Aug. 27, 2010 Feb. 1, 2011 Oct. 4, 2008 clyde a. lewis ’39 john kennedy ’48 roberta a. g. brundage ’53 paul h. baris ’58 jonathan brant ’71 Feb. 4, 2011 Dec. 31, 2010 Oct. 31, 2010 March 22, 2010 Nov. 29, 2010 raymond f. noonan ’39 robert n. mcnutt ll.m. ’48 david t. bryant ’53 gordon g. busdicker ’58 joseph choate jr. ll.m. ’71 Jan. 10, 2011 Dec. 17, 2010 Sept. 27, 2010 Aug. 2, 2010 Oct. 14, 2010 1940 – 1949 w. donald mcsweeney ’48 arnold b. gardner ’53 james d. dana ’58 henry a. hubschman ’72 Feb. 12, 2011 Dec. 26, 2010 March 20, 2011 Feb. 9, 2011 arthur l. abrams ’40 edward c. seddon ’48 lyman t. johnston ’53 paul d. holleman ’58 geoffrey c. packard ’73 Dec. 23, 2010 Dec. 18, 2010 July 5, 2010 Jan. 22, 2011 March 17, 2011 christopher t. boland ’40 alan j. stein ’48 stuart t. peeler ’53 p. michael phelps ’58 l. marshall smith ll.m. Nov. 30, 2010 Dec. 6, 2010 Sept. 14, 2010 Feb. 10, 2011 ’73 joseph w. grier jr. ’40 george h. allen ’49 michael g. c. bucuvalas john h. “jack” stroh ’58 Oct. 25, 2010 Dec. 23, 2010 Sept. 18, 2010 ’54 Oct. 17, 2010 donald a. bacek ’74 john e. morrissey jr. ’40 richard a. beyer ’49 Nov. 7, 2009 william j. kiernan jr. ’59 Feb. 11, 2010 March 23, 2011 March 10, 2011 john h. bustamante ll.m. Oct. 31, 2010 lawrence d. bragg iii ’74 emanuel gantz ’41 casimir de rham jr. ’49 ’54 william b. warren ’59 Jan. 1, 2011 Jan. 27, 2011 Feb. 6, 2011 Oct. 5, 2010 Oct. 8, 2010 peter m. davis ’75 daniel hoffert ’41 t. mclean “mac” griffin joseph de franco ’54 Feb. 2, 2011 April 11, 2010 ’49 Jan. 27, 2011 1960 – 1969 mary anne henry ’76 william m. regan ’41 robert s. gottesman Feb. 5, 2011 Nov. 11, 2010 michel h. berthier ’60 Jan. 20, 2011 ll.m. ’54 john e. rosino ’77 edwin v. ladd jr. ’49 Nov. 23, 2010 peter v. snyder ’41 Jan. 1, 2011 Jan. 2, 2011 Jan. 1, 2011 samuel j. m. donnelly ’60 April 15, 2010 allan s. lerner ’54 stanley s. scott ’79 edward s. masket ’49 Jan. 11, 2011 floyd w. tomkins jr. ’41 Oct. 25, 2010 Feb. 14, 2011 March 4, 2011 norman l. kasparson ’60 July 22, 2010 irving h. levy ’54 kenneth s. oltarsh ’49 Oct. 13, 2010 richard j. “dick” franz Aug. 5, 2010 Sept. 5, 2010 1980 – 1989 iii ’42 robert b. matusoff ’54 edward c. mclean ’60 edward c. stuart ’49 Nov. 3, 2010 leroy r. hassell ’80 Feb. 6, 2011 March 9, 2011 March 2, 2011 Feb. 9, 2011 g. arthur howell jr. ’42 stuart m. neely ’54 ferdinand p. schoettle jr. ’60 john h. adler ’84 Nov. 25, 2010 Oct. 17, 2010 1950 – 1959 Nov. 24, 2010 April 4, 2011 david s. junker ’42 jack h. olive ’54 jerome e. andrews jr. ’50 charles o. galvin s.j.d. ’61 paula escarameia ll.m. Feb. 5, 2011 March 11, 2011 Nov. 11, 2010 Jan. 27, 2011 ’86 s.j.d. ’88 sotero h. laurel ll.m. ’42 jack b. polish ’54 blaine evans ’50 richard a. griscom ’61 Oct. 4, 2010 Sept. 16, 2009 June 3, 2008 Nov. 29, 2010 Jan. 12, 2011 wendy schnipper clayton louis l. poplinger ’42 stephen m. bernardi ’55 ’88 charles c. hartman jr. asher rubin ’61 Nov. 20, 2010 Nov. 21, 2010 Nov. 29, 2010 ’50 Sept. 30, 2010 rush e. stouffer ’42 priscilla holmes ’55 Dec. 26, 2010 edward r. busch ’62 Sept. 10, 2010 Dec. 16, 2010 1990 – 1999 john s. holten ’50 Dec. 10, 2010 jackson g. akin ’43 thomas d. johnston ’55 Oct. 7, 2010 paul murphy ’62 keith aoki ’90 Nov. 30, 2010 Oct. 7, 2010 louis a. mccarten ’50 Oct. 21, 2010 April 26, 2011 myron “mike” kalish ’43 remsen m. kinne iii ’55 Jan. 10, 2011 david g. trager ’62 joseph m. fernandez ’91 Jan. 9, 2011 Jan. 22, 2011 raphael mur ’50 Jan. 5, 2011 Dec. 18, 2010 robert b. langworthy ’43 irving t. nelson ’55 Dec. 5, 2007 richard caldwell ’63 donald p. hensel ’95 March 6, 2011 Dec. 15, 2010 donald e. paradis ’50 Oct. 19, 2010 Oct. 16, 2010 chester i. lappen ’43 Nov. 28, 2010 Dec. 18, 2010

summer 2011 harvard law bulletin 69 LEADERSHIP PROFILE

Robert J. Katz ’72 is the new chairman A Conversation with Robert J. Katz ’72 of the Dean’s Ad- visory Board. Katz What does the chairmanship lative appropriations, or all the necessity of protecting is a senior director of the Dean’s Advisory Board of the above—have as much and preserving access to the mean to you personally? to do with the individual in- academy is a challenge that at Goldman, Sachs I’m having fun. I can terests in preserving access most appropriately falls to & Co., for which he think back to my arrival at to something inherently and the alumni, and that alumni served as general Harvard Law School in the economically worthwhile as ought to take the greatest counsel from 1988 fall of 1969, soon to be 42 with societal interests in the ownership of. through 2000. years ago. What it means propagation of knowledge, Prior to joining to me is an awfully long the development of leaders What’s the biggest difference and close and affff ectionate and the delivery of service you see between HLS now and Goldman Sachs, relationship with the law to the community. I think when you were a student? he was a part- school. This is a signifificant ner at Sullivan & step, obviously, for me along Cromwell in New that path, which causes me York City. Katz is to look back with some won- CHAIRMAN OF THE a 1969 graduate of derment when I think of how little I knew or understood Advisory Board to the current Cornell University and how inadequate I felt dean, Bob Katz is still focused and is vice chair of when I arrived. So this is a on three questions he was its board. At HLS, continuation of a journey asked by a former dean. he won the Sears that is extremely meaning- Prize and was ful to me at a personal level. president of the On top of that, I have a great fondness and regard for both Harvard Defend- this dean and her predeces- ers, providing pro sor, and for all members of bono legal services the board past and present to low-income cli- that I’ve had the privilege to ents charged with serve with, and especially crimes. After HLS, for Finn Caspersen [’66], a great leader for the school, a he received a Knox giant, and one whose shoes I Fellowship and at- am humbled to try to fill and tended the London doubt I can quite fill. School of Econom- ics before serving What challenges do you see as a law clerk to facing legal education today? All elements of higher educa- the late Irving R. tion in the U.S., for sure, and Kaufman, chief presumably worldwide, face judge of the U.S. a major challenge in terms Court of Appeals of access. The costs and the for the 2nd Circuit. value proposition for meet- ing those costs—whether funded by student or family resources, by financial aid provided by philanthropy or public sources, or in the case of state institutions, by legis-

70 harvard law bulletin summer 2011 It’s a visibly difffferent entry into the law school. tal drivers, ingredients and interact with young prac- student body than in the Secondly, the class [today] outputs of the Harvard Law titioners at the two fi rms Vietnam War era. Because has much more gender bal- School experience haven’t where I have worked, and of people serving in the mili- ance and is much more ra- changed. And I see this, elsewhere. You see very sim- tary or alternative routes cially balanced. Having said in part, because I’m also ilar degrees of intellectual they took in lieu of service, all that, notwithstanding the somewhat in touch with the curiosity, energy, personal many were coming from new buildings and faculty younger generation, hav- aspiration, purpose-fifilled other paths of endeavor that turnover and changes in the ing had a son [James Katz] effff ort and lives, analyti- had neither a view toward curriculum and fi rst-year graduate in 2009 from the cal approaches and critical nor were particularly rel- sections being a difffferent law school and the Kennedy thinking. evant to their subsequent size, I think the fundamen- School, and continuing to You’ve been very generous to HLS and to Cornell. What is your philosophy about giving back to the law school? I like to use a quote from former Dean Bob Clark [’72], at a lunch I once attended, when he said, “I just want to ask three questions: First, did attending Harvard Law School make a substantial and probably unique diffffer- ence in your life? Second, do you acknowledge that was only possible because Harvard Law School was here through the efffforts and generosity of people who came before you? And if you accept the first two, do you acknowledge your obligation to do the same for the next generation?” That’s my syllogism, at the very personal level. I don’t believe there is an obligation to philanthropy, but it’s why an individual should want to do this.

Any summary thoughts? I would add that Martha Minow and I do have a lot of fun together and laugh a lot. I hope to continue do- ing that, and even more so. When I said I was having fun, I meant it. P

Photograph by beth perkins GALLERY

By Design Innovative classrooms and wide-open spaces

Wasser- that com- to allow Lounge wing (op- sizes and stein Hall bine a tradi- for more (this page, posite) will configura- contains tional class- interactive top) will be help create tions, all two cluster room with teaching one of the a much- within an classrooms a modular, and small- many new needed environ- (above and breakout group work. gathering supply of mentally opposite, seating ar- The Gradu- places. The classrooms friendly top center) rangement ate Student academic of varying building.

72 harvard law bulletin summer 2011 Photographs by bob o’connor Construction of the Wasserstein Hall, Caspersen Student Center, Clinical Wing project is tantalizingly near completion. By January, students will be gathering and dining in the Caspersen Student Center and working in the Clinical Wing, which will bring together under one roof many of the growing number of clinical opportunities at HLS. The first classes will be taught in Wasserstein Hall during winter term. The vistas are wide-open, as will be the new opportunities for innovation, learning and collaboration. Harvard Law Bulletin Nonprofit Org. Harvard Law School U.S. Postage Paid 125 Mount Auburn Street Burlington, VT Cambridge, MA 02138 05401 Permit 347

page 52

K2: The View from the Summit U.S. Supreme Court Associate Justices Anthony M. Kennedy ’61 and Elena Kagan ’86 at HLS in April, participating in a discussion moderated by Dean Martha Minow TEWART S MARTHA