july 2011 july 8 Class Day Speaker Alec Baldwin World-class appointees bring new expertise

Richard Lazarus Leading scholars Mihir Desai add to the faculty Dean Martha Minow continues to grow the faculty with five new appointments. Minow described the latest hires as “superb teachers who will bring their enormous talent and wisdom to the HLS community.” >>6

Justice Ginsburg remi- nisced about her time at Holger Spamann Vicki Jackson Robert Greenwald HLS and congratulated the graduating Class of 2011. L. BARRY L. HETHERINGTON BARRY IMPROMPTU—AND INCOGNITO ... To the surprise and delight of this year’s graduates, Supreme Court Justice Ruth Bader Ginsburg ’56-’58 dropped in on HLS’s commencement after receiving an honorary degree from the university earlier in the day.>>8

Scholars analyze the evolution of anti-discrimination law New strategies for dealing with an age-old problem

n recent decades, legislative recent evolution of anti-discrimination bodies throughout North America law on both continents. Iand Europe have enacted sweeping The organizer of the event, HLS laws to protect racial and ethnic Professor Grainne de Burca, said minorities, women, the disabled and that she and a European colleague, other groups who are victimized Ruth Rubio Marin, had begun a by discrimination. Perhaps not project looking at how European anti- surprisingly, these efforts have discrimination law was changing under encountered resistance—oftentimes European Union rules. “I became successful—leaving anti-discrimination aware that there were many interesting scholars and activists to ponder new debates with resonances on both A recurring theme strategies for dealing with an age-old throughout the dis- sides of the Atlantic,” she said. “We problem. cussions was a sense thought this workshop would provide of disillusionment On May 6 and 7, a group of these among U.S.-based par- an opportunity for us to learn from scholars from the U.S., Canada and ticipants with the role each other, given that similar problems that legal institutions Europe participated in a Harvard Law have come to play in are being addressed in very different School workshop that analyzed the tackling inequity and contexts but with many common >>7

discrimination. MARTHA STEWART

Harvard Law Today Nonprofit Org. INSIDE U.S. Postage 125 Mount Auburn Street PAID Boston, MA 2 Constitutional reform for Honduras Cambridge, MA 02138 Permit No. 54112 3 Six profs, six ideas, 60 minutes 3 A decorated general gets another medal 5 As one journey ends, five new ones begin 8 Class Day and Commencement 2011 2 At “HLS Thinks Big” on May 23, Professor Jon Hanson argued that BRIEFS understanding what moves people may be the most important question for law in the future. STEIKER APPOINTED TO PUBLIC COUNSEL BENKLER, STEVENSON NAMED FORD SERVICES COMMITTEE FOUNDATION VISIONARIES

The Supreme Judicial Harvard Law School Professor Yochai Court appointed Professor Carol Benkler ‘94 and Bryan Stevenson ‘85, Steiker ’86 to a three-year term on the founder and executive director of the Committee for Public Counsel Services. Equal Justice Initiative, were two of The 15-member committee oversees 12 recipients of the Ford Foundation the statewide provision of public defense services and Visionaries Award. The award was other legal representation for indigent people in criminal created in recognition of the 75th and civil court cases and proceedings in Massachusetts. anniversary of the Ford Foundation to Steiker, who was named the Howard J. and Katherine W. celebrate social innovators from a variety Aibel Professor of Law at HLS in 2007, is well known for her of fields. Benkler was honored for his criminal law scholarship, particularly for her research and work harnessing technology for social good. Stevenson was writing on the death penalty. recognized for his work challenging bias against the poor and people of color in the criminal justice system.

THE LAW AND FINANCE OF MARK-UPS MARTHA STEWART ZITTRAIN JOINS FCC AS On behalf of the Financial Industry DISTINGUISHED SCHOLAR Regulatory Authority, Allen Ferrell ’95, the Harvey Greenfield Professor of Professor Jonathan Zittrain ’95, co- Constitutional reform for Honduras Securities Law, recently conducted an director of the Berkman Center for HLS Professor Noah Feldman and a team of HLS affiliates analysis of more than 161,000 equity Internet & Society, was appointed as the have written a report at the request of the Commission transactions in order to assess the mark-ups and mark- Federal Communications Commission’s on Truth and Reconciliation of Honduras, examining the downs that broker-dealers charge when customers buy and Distinguished Scholar. FCC Chairman constitutionality of the actions in Honduras that resulted sell securities. The results of this study, titled “The Law and Julius Genachowski ’91 announced the appointment in the 2009 military coup that removed President Manuel Finance of Broker-Dealer Mark-Ups,” have subsequently in May. Zittrain, who will continue his teaching and Zelaya from office. inspired changes to the FINRA’s rules governing mark-ups, scholarship at Harvard during the appointment, will be The report’s co-authors include: David Landau ’04, commissions and fees. based in the Office of Strategic Planning & Policy Analysis assistant professor at Florida State University College and will work on a range of issues related to 21st-century of Law, and Brian Sheppard LL.M. ’05, S.J.D. candidate A ‘PUBLIC‘ CIRCUS AT HLS communications networks. and associate professor at Seton Hall University School of Law. Leonidas Rosa Suazo, attorney at Bufete Rosa y The 18th annual Public TOP TEN CORPORATE AND SECURITIES Asociados in Honduras, served as the local consultant for Interest Auction took place on LAW ARTICLES IN 2010 the project. The report found that both parties—Zelaya April 7. Emceed this year by and those who removed him from office—likely acted Professors Randall Kennedy This year’s list of “Top Ten Corporate and unconstitutionally on numerous occasions. The authors (photo left) and Jonathan Securities Articles,” based on an annual suggest a series of reforms aimed at fighting the threat Zittrain ’95, the event—billed poll of corporate and securities law of unconstitutional presidential action and the threat of as “Step Right Up! Bids Under academics, includes six articles written military intervention. the Big Top”—raised $98,683 or co-written by the following HLS faculty The report will be publicly available after the to support the Summer Public Interest Funding program, and fellows: Professors Lucian Bebchuk LL.M. ’80 S.J.D. commission releases its findings later this summer. which provides opportunities for students to begin their ’84, Mark Roe ’75, Holger Spamann LL.M. ’01 S.J.D. ’09, careers working in public interest. More than 150 items, Guhan Subramanian ’98 J.D./M.B.A. and George Triantis Professor Noah Feldman including a solo string concert by Professor Joseph Singer and HLS Corporate Governance Senior Fellow Leo Strine, ’81 and a day of indentured servitude from the president of vice chancellor of Delaware’s Court of Chancery. The top the Harvard Law Review, were auctioned off. 10 articles, selected from more than 440 pieces, will be reprinted in an upcoming issue of the Corporate Practice Commentator. COLLABORATING WITH SCIENCES PO

Harvard Law School and Sciences Po Law Assistant Dean/Chief of Editorial Office Communications Harvard Law Today School have launched a wide-ranging Robb London ’86 125 Mount Auburn St. program that includes exchanges of fac- Editor Cambridge, MA 02138 Christine Perkins 617-495-3118 ulty and students, both pre-doctoral and [email protected] Managing Editor post-doctoral, and co-sponsorship of joint Linda Grant Send change of address to Alumni Records conferences on U.S. and European legal issues. Sciences Po, Design Director 125 Mount Auburn St. France’s leading university for social sciences, created a law Ronn Campisi Cambridge, MA 02138 Contributors [email protected] school in 2009 in order to train lawyers with an emphasis Katie Bacon, Dick Dahl, Carolyn Volume 10 Number 4 on critical thinking and creativity. Under the new partner- Kelley, Jenny Kurk, Sarah Harvard Law Today is published ship, faculty from each school may participate in short- Marston, Elaine McArdle, Emily by Harvard Law School Newburger, Lewis Rice, Lori © 2011 by the President and term exchanges for up to two weeks. This June, HLS hosted Ann Saslav, June Wu Fellows of Harvard College the program’s first conference, “Franco-American Legal

harvard law today july 2011 july today law harvard Influences, Then & Now.” THINKING BIG 3 Six Harvard Law School professors with six ideas worth “Establishing the rule of spreading in 60 minutes law ... is critical to the kind of sound governance that will enable an enduring transition of security responsibility to Afghan “HLS Thinks Big,” Over the course of one in law. forces.” mark martins ’90 inspired by the global hour, Clinical Professor Professors John TED (Technology Deborah Anker LL.M. ’84 Manning ’85 and Adrian Entertainment and examined legal assistance Vermeule ’93 discussed Design) talks and modeled for undocumented the difference between after the college’s students, while Professor “mind-numbingly “Harvard Thinks Big” Randall L. Kennedy precise phrases” and event, was held at Harvard stressed the importance “breathtakingly open- Law School on May 23 in of not turning only to the ended phrases” in Austin North. justice system but also statutes. Professor Jon

The event, moderated to the other branches Hanson discussed social DYDYK CHRISTOPHER by Dean Martha Minow, of government to glean psychology and Professor featured topics ranging insight into race relations Mark Roe ’75 introduced RULE OF LAW IN command of the newly kind of sound gover- from risk analysis in the audience to the ideas AFGHANISTAN established Rule of nance that will enable constitutional design G Web link: http://hvrd. of chaos, path dependence IS CRITICAL TO Law Field Force- an enduring transition to understanding what me/ThkBig and punctuated AN ENDURING Afghanistan, which of security responsi- moves people. equilibrium. TRANSITION, SAYS provides essential bility to Afghan forces BRIG. GEN. MARK field capabilities, and deny that rugged MARTINS ’90 liaisons, and security country as a sanctuary in partnership with for global threats.” Army Brig. Gen. Mark Afghan and coalition He highlighted ex- Martins ’90 accepted civil-military rule-of- amples of U.S. strategy the Medal of Freedom, law project teams. for the development of the highest honor In these roles, the rule of law in Iraq conferred by Harvard Martins has led the and Afghanistan, and Law School, and gave effort to reform U.S. discussed possibilities the Dean’s Distin- detention operations, for moving forward. guished Lecture on and he has repeat- “Rule of law in April 18 at HLS. edly stressed that Iraq and Afghanistan Established to hon- continued progress in remains mostly just or the achievements of Afghanistan depends a goal, but also an in- individuals who have not only on strength- dispensable one, [and] worked to uphold the ening the democratic the challenges are legal system’s funda- process but also on very practical ones,” mental commitment to building the rule of he said. freedom, justice and law, particularly in Commissioned equality, the medal dealing with counter- in the infantry after has been awarded to insurgents. graduating first in the Brown v. Board of “[Afghanistan’s] his class from the Education litigation lack of governance United States Military team, Chief Justice … is accompanied by Academy, Martins of Pakistan Iftikhar a lack of confidence was a Rhodes scholar MARTHA MARTHA STEWART Chaudhry and South in the government’s at Oxford in 1985 and “RACE AND JUSTICE: THE WIRE:” Using lessons that come African President Nel- ability to deliver earned his J.D. from G Web link: http://hvrd. not from a law book but from the television series “The Wire,” son Mandela. justice, resolve civil HLS in 1990. He holds me/raceandjustice a celebrated portrayal of street gangs in inner-city Baltimore In September disputes and address an LL.M. in military and the institutions that have failed its residents, Professor Charles Ogletree ‘78 has 2009, Martins was a perceived culture of law and a master’s established a new class with a curriculum that includes readings and discussions on assigned as interim impunity among the degree in national se- drug policy, police practices and legal tactics. Ogletree supplemented the class with commander of the powerful,” he said. curity strategy. a speaker series featuring community activists and the show’s cast members and Joint Task Force 435, “Establishing the rule creators. Pictured above: Fran Boyd Andrews and Donnie Andrews, who served as real- in Afghanistan. One of law in these dis- G Web link: http://hvrd. life inspirations for characters on “The Wire.” year later, he assumed tricts is critical to the me/genmarkmartins

Professor Lawrence Lessig Brandon J. Winston ’12 GIVING BACK THROUGH MUSIC The Berkman Center for Internet & Society at Harvard helped shape the agenda of Rethink Music, a conference that brought together legal, business, and academic experts to discuss new business models for creating and distributing music. Presented by the Berklee College of Music and MIDEM, in association with Harvard’s law and business The Berkman Center Ben Folds and an all-star team of released a briefing book musicians collaborated to write, record schools, the event took place in Boston on April 25-27. with papers examining the and release six original songs over the challenges that stem from course of the event. G Web link: http://hvrd.me/rethinkmusic PHIL FARNSWORTH digital technology. 2011 july today law harvard 4

EXIT INTERVIEWSBRIEFS Ben Hoffman

It took about an hour and a half for Ben Hoffman FIVE NEW ’11 to get hooked. There he was, a prospective student, sitting on a faded blue couch in HLS’s Human Rights GRADUATES AND Program listening to a student talk about how he helped bring a case against the former president of Bolivia. And that’s when it occurred to Hoffman: This where is definitely what I should be doing at law school. The grandson of labor activists and Holocaust survivors, he knew from his family about the ugly they’re parts of life. But he was also raised with hope, and the belief that society could—and should—do better.

HERATCH PHOTOGRAPHY HERATCH By all accounts, at HLS, he did more than his part. Early on, Hoffman dug into human rights work, first headed through HLS Advocates for Human Rights, and later Humu-Annie Seini LL.M. in HRP’s International Human Rights Clinic. He spent endless weekend hours in HRP’s “war room,” hashing What can Ghana learn from the disastrous out legal arguments with students and supervisors. BP oil spill in the Gulf of Mexico last year? How to Mostly, he focused on corporate Alien Tort Statute In her commencement more effectively regulate its own emerging oil and litigation, claims brought against companies for their gas industry, says Humu-Annie Seini LL.M. ’11, an alleged participation in human rights violations address to the Class of 2011 attorney formerly with the Environmental Protection abroad. Interviewing survivors of apartheid-era abuse on May 26, Dean Martha Agency in Ghana, who spent this year concentrating in in South Africa was a turning point for him. environmental law as a graduate student at HLS. “I don’t think the meaning of my work really hit Minow praised students’ “I think we need to strengthen regulation home until I had the chance to meet with some of accomplishments at HLS and enforcement, and should monitor oil our clients, and ground the legal struggles I’d been and their vast array of skills companies more,” said Seini. Her nation also faces working on for semesters in the actual experience of environmental challenges related communities on the ground,” Hoffman said. and achievements. to the mining industry and from At times, the work was intimidating. Most law “I think we need telecommunications companies students feel it at some point or another, he said—the As they prepared to 3 to strengthen regulation and seeking to place cell towers where fear of affecting someone else’s life for the worse. receive their diplomas, enforcement, and communities may not want them. “Depending on how you choose to deal with that should monitor she urged them to cherish oil companies The opportunity to study the fear, it can either be crippling, or it can be a source of their talent for asking good more.” environmental regulatory system in incredible motivation to do really good work,” he said. the U.S. is what drew her to HLS. For Hoffman, it was the latter. He pushed himself— questions: “Indeed, the When she matriculated last fall, and others—hard. He constantly asked questions: questions asked by Harvard Seini already had one LL.M., from Leibniz University What is the role of the lawyer? How can we best help in Germany, as well as an LL.B. from the University the community? How can we keep it their fight, not Law School’s Class of 2011, of Ghana and eight years of experience at the EPA. ours? now and in the future, will Still, she says this year was “extremely intensive” with Next year he’ll explore those questions in Peru, reading assignments, research papers and clinical funded by a Sheldon Traveling Fellowship and define law and leadership work. “Studying was hard,” she said, but the graduate a Henigson Fellowship to work for EarthRights in the years to come. Your program “was very good in spite of all the difficulties I International, an organization had to go through.” focused on human rights and influence reflects what “I don’t think the She especially enjoyed Climate and Energy Law 3 meaning of my environmental issues. Harvard Law School is and and Policy, taught by Professor Jody Freeman LL.M. work really hit home until I had who you are and who you ’91 S.J.D. ’95, director of the HLS Environmental Law the chance to Program. The course approaches climate change as a meet with some of our clients.” will become. I simply ask national security issue as well as an environmental and you to use your influence economic issue, and covers such topics as greenhouse to better your communities gas regulation in the U.S. under the Clean Air Act, renewable energy development and siting, offshore and the world.” Here, five drilling, nuclear energy and “clean coal” technologies. members of the class reflect “I didn’t know much about energy law, only about oil and gas, and I learned a lot about climate change,” said on influences during their Seini. educational journey and In the Emmett Environmental Law and Policy Clinic, she helped draft a guide for property owners who are how they intend to use their considering signing leases with companies seeking educations to influence to extract natural gas through hydraulic fracturing. others. Seini also worked at the Massachusetts Department of Environmental Protection, doing research projects for a group of administrative law judges. Seini plans to sit for the bar this summer

harvard law today july 2011 july today law harvard and may be returning to HLS next year for an S.J.D. FLOYD AYNSLEY 5

Elizabeth Benton

Almost every weekend for the past two years, Elizabeth “Libby” Benton ’11—a student lawyer in “One thing you the Harvard Legal Aid Bureau and chair of HLS’s 3 learn is a dif- comprehensive anti-foreclosure task force—has gone ferent way of thinking, a very door to door in Dorchester and other low-income structured way of neighborhoods, urging people whose homes are in thinking.” foreclosure not to move out. She’s invited them to weekly meetings where she and other HLS students informed them of their legal rights; she’s helped them fill out legal paperwork; she’s represented homeowners and tenants in court.

HERATCH PHOTOGRAPHY HERATCH Working 40 to 50 hours a week on anti-foreclosure PHOTOGRAPHY HERATCH efforts, including the innovative neighborhood canvassing project No One Leaves, launched three Gabriel Davis years ago by students determined to keep people in Kevin Cooper their homes, has been the highlight of Benton’s law In September, Gabriel Davis ’11 will start a school career. “I felt No One Leaves was a great way to It’s not surprising that Kevin Cooper ’11 would three-year stint working for the District draw a connection between what I was doing in law use a football analogy when describing the appeal Attorney’s Office. Yet not so long ago, work as a school and helping the community in Boston,” said of working in mergers and acquisitions. After all, he criminal prosecutor was just about the last line of legal Benton, who tallied 2,300-plus hours of pro bono legal played the game in college. But whereas in football work he wanted to pursue. service while at HLS. he was one of the burly linemen who block for the Davis grew up in Cincinnati the son of a police Now that she has graduated, Benton will continue signal caller, in corporate law he is seeking to score the officer, and the close perspective he got on the criminal her anti-foreclosure work. For the next two years, she’ll touchdown. justice system made him want to steer be working on housing cases at HLS’s WilmerHale “As a lawyer, you’re really helping, especially in a clear. His dad’s stories were “thrilling Legal Services Center as a Skadden Fellow. friendly acquisition, to create value,” he said. “You’re “I walked away to listen to, but also very sobering 3 with a great Growing up outside Flint, Mich., where the getting to act like the quarterback of the deal.” and disheartening, especially given understanding collapse of the auto industry created soaring Cooper, who played guard at Fresno State (his of the ways in the racial dynamics of some of those which crime can unemployment, Benton was exposed early to the linemate Logan Mankins now plays for the New issues,” Davis said. During his junior impact communi- devastating social consequences of a sour economy. England Patriots) before his playing career ended ties and make it high and high school years, tensions hard for them to “I wanted to think about using the law to remedy due to injury, is heading to Wachtell Lipton in New between the police department and thrive.” that,” said Benton. After graduating from the York City as a corporate associate in mergers and the city’s black population were high, University of Michigan in 2006, she worked on the acquisitions. After graduating with a B.S. in business culminating in race riots after an unarmed black re-election campaign of Gov. Jennifer Granholm ’87 and administration, he went on to earn an M.B.A. at man with outstanding traffic warrants was shot and the congressional campaign of Sandy Levin ’57. Benton Fresno’s business school. Before enrolling in law killed by a white police officer. “Those events left me went to work for Levin in Washington, D.C., eventually school, he worked for a municipal consulting company, with an underlying sense that criminal justice was becoming a legislative assistant, where her work on which itself was acquired, giving him his first practical too explosive of an area for me, and that it touched on veterans’ issues was particularly gratifying. “What experience working on the issue. As a summer societal issues that were too intractable or difficult to piqued my interest in law school was seeing how our associate at Wachtell Lipton, he worked on a merger solve,” Davis said. office helped individual vets navigate a big federal of pharmaceutical companies and analyzed possible Yet, influenced by four years his family spent in bureaucracy,” she said. As a 1L, Benton volunteered antitrust issues of a potential acquisition. Jamaica creating a school for children who didn’t have doing intake at a homeless veterans shelter. He points to a corporations class taught by Guhan access to quality education, Davis knew he wanted to The anti-foreclosure work at HLS has forged her Subramanian J.D./M.B.A. ’98 and an M&A workshop go into public service. career plans. Said Benton, “I’m committed to a lifetime taught by Lecturer on Law and Wachtell Lipton A summer job as a community organizer in of public service and public interest law.” partner Mark Gordon ’94 as highlights of his classroom Cincinnati—where he organized health fairs and built experience at HLS, providing him with a different strategic relationships between elected officials and perspective from the one he got at business school, he nonprofits—helped focus his thinking on the criminal said. justice system, as he came to realize how difficult “One thing you learn is a different way of thinking, it is to improve health care, education and housing a very structured way of thinking, considering a lot of in neighborhoods where residents don’t feel safe. “I alternatives and weighing the costs and the benefits walked away with a great understanding of the ways in and the risks,” said Cooper. which crime can impact communities and make it hard But something he found missing at law school was a for them to thrive,” he said. journal devoted exclusively to business law. So, along At HLS, an evidence course with Assistant Clinical with two classmates, he created the Harvard Business Professor Alex Whiting was particularly influential in Law Review, which garnered participation from many his decision to become a prosecutor. As Davis prepares students and faculty members. to enter the criminal-justice system, he does so with a His own interest in those subjects helped propel him sense of “balanced optimism”—aware of the system’s to top academic achievement, including winning the imperfections, and of its power to do good: “I have a Sears Prize for one of the top two grades during his 2L Benton tallied healthy respect for the criminal justice system but also 3 2,300-plus hours year. Students who enter HLS should likewise follow knowledge of where that system needs to be improved of pro bono legal their passion, and success will follow, he said. service while at and held accountable. As a prosecutor, you’re part of HLS, breaking “Anyone who comes here, I think, will do well if the system. But there’s a unique ability to hold people her class’s record they’re honest with themselves and they’re taking what and winning her AYNSLEY FLOYD AYNSLEY accountable.” the Andrew L. they’re truly interested in and what they want to do.” 2011 july today law harvard Kaufman Pro Bono Service Award. Five new 6 faculty appointments New expertise across a broad spectrum of legal fields, from environmental law to corporate law

HOLGER SPAMANN, RICHARD LAZARUS, of Offshore Drilling” economic law. and the journals of Legal PROFESSOR OF LAW ASSISTANT PROFESSOR (2011). Prior to entering the Analysis, Institutional OF LAW He has a forthcoming S.J.D. program at HLS, and Theoretical Richard J. Lazarus article in the University Spamann was a trainee Economics, and World ’79, one of the nation’s of Illinois Law Review, Holger Spamann (“Referendar”) under the Trade. foremost experts on and recently published LL.M. ’01 S.J.D. ’09, direction of the Court of As an LL.M. and S.J.D. environmental law and articles in the Cornell an expert in corporate Appeals for the State of student at HLS, Spamann a leading practitioner in Law Review, Yale Law governance and finance, Hamburg in Germany. won a number of writing the U.S. Supreme Court, Journal Online, and joined the faculty in He also has accolades, joined the Harvard San Diego Journal of July as an assistant worked in including Law School faculty this Solicitor General’s Office, Climate and Energy professor. He is a former private equity two Brudney summer as a tenured where he was assistant Law. Environmental law co-executive director M&A as an Prizes for Best professor. to the solicitor general. professors selected his of HLS’s Program on associate at Corporate Law Lazarus most recently He has represented the 2009 Cornell Law Review Corporate Governance, Debevoise & Paper, two was the Justice William United States, state and article as one of the best he co-taught Corporate Plimpton in Olin Prizes J. Brennan, Jr. Professor local governments, and published that year—an and Securities Law , for Best Law of Law and faculty co- environmental groups in award he has received for Policy with Professor and as a junior & Economics director of the Supreme the U.S. Supreme Court many of his publications. Lucian Bebchuk LL.M. researcher for Paper, and Court Institute at in approximately 40 Lazarus holds a B.S. ’80 S.J.D. ’84 in 2009, and the Max-Planck-Institute the Addison Brown Georgetown University cases. in chemistry and a B.A. he is a former corporate for Foreign and Private Prize for Best Private Law Center, where he Lazarus’ 2004 in economics from the governance research International Law in International Law Paper. taught since 1996. He publication, “The Making University of Illinois fellow. Hamburg. He earned an A.M. in received the Frank Flegal of Environmental Law” (Urbana-Champaign), Spamann’s primary Spamann has written economics from Harvard Award for Excellence (University of Chicago in addition to a J.D. from teaching interests and co-written articles in and expects to earn his in Teaching in 2002. He Press), is widely hailed HLS. He also attended include corporations, the Reviews of Financial Ph.D. in economics this also served as executive as the definitive history Massachusetts Institute corporate finance and Studies, the BYU year. He holds a B.Sc. director of the National of the emergence and of Technology, where bankruptcy. His research Law Review, the Yale from the London School Commission on the BP evolution of modern he was a special student has also involved Journal on Regulation, of Economics as well as Deepwater Horizon environmental law in the in economics and an securities regulation, the Georgetown Law a German law degree Oil Spill and Offshore United States. He is the advisee of Professor law and economics, civil Journal, the American from the University of Drilling, appointed by principal author of “Deep Robert Solow, the procedure, conflict of Journal of Comparative Hamburg and a French President Barack Obama Water: The Gulf Oil Nobel Prize-winning laws, comparative law, Law, the Review of law degree from the ’91. Disaster and the Future economist. EU law and international International Economics University of Paris. Prior to Georgetown, he was a member of the faculty at Indiana MIHIR A. DESAI, corporate finance, Desai the International Tax ROBERT GREENWALD, University Bloomington PROFESSOR OF LAW was a visiting professor Policy Forum and the CLINICAL PROFESSOR and at Washington at HLS in 2009. NCAER-Brookings OF LAW University, where law Mihir A. Desai A recipient of the India Policy Reform. students honored him has accepted a joint Student Association He also has served as Robert Greenwald, with their “best teacher” appointment to the Award for teaching an economic adviser director of Harvard Law award, and he was a faculty of Harvard Law excellence from the HBS for the ABA Task Force School’s Health Law and visiting professor at School as a tenured Class of 2001, he will on International Tax Policy Clinic, has been several law schools, professor. He currently continue to teach in the Reform; an international promoted to full clinical including HLS, where serves at Harvard General Management research fellow for the professor. and policy issues, and it he most recently taught Business School as the Program and Executive Oxford University Centre Greenwald has taught was actively engaged in during the winter 2010 Mizuho Financial Group Education Program at for Business Taxation; at HLS since 1989. He the design and passage term. Professor of Finance, the HBS. an associate editor for is currently a senior of 2010 federal health Lazarus has co- senior associate dean for Desai’s scholarship the American Economic clinical instructor, a reform legislation that taught summer planning and university has appeared in Journal: Economic lecturer on law, and expands Medicaid programs nationally and affairs, and the chair of leading publications on Policy; and a referee for managing director of coverage to more than internationally on the doctoral programs. economics, finance and numerous economics and the WilmerHale Legal 15 million low-income, history of the Supreme An expert in tax policy, public economics, and financial journals. Services Center in uninsured Americans. Court with Chief Justice international finance and he wrote “International He worked at CS First Jamaica Plain. The clinic remains very of the United States John Finance: A Casebook.” Boston and McKinsey He founded the Health active in implementation G. Roberts Jr. ’79. A research associate & Co. He has a B.A. in Law and Policy Clinic of federal health care He previously at the National Bureau history and economics in 1987 as the nation’s reform. worked for the U.S. of Economic Research from Brown and a Ph.D. first law school-based In February, Department of Justice, in the Public Economics in political economy and AIDS law clinic. Under Greenwald was awarded in the Environment and Corporate Finance an M.B.A. from Harvard. Greenwald’s leadership, a Positive Leadership and Natural Resources programs, Desai is on He was also a Fulbright the clinic is at the Award for the third

harvard law today july 2011 july today law harvard Division and in the the advisory board of Scholar to India. forefront of health law year in a row from the 7

Anti-discrimination law New expertise across a broad spectrum of legal fields, from environmental law to corporate law continued from page 1

Christopher McCrudden, VICKI C. JACKSON, Columbia Law School. professor of law at the University PROFESSOR OF LAW At Georgetown, she of Oxford, said of served as associate dean the British Equality ”[T]here were many Vicki C. Jackson, a for Transnational Legal interesting debates and Human Rights leading expert on U.S. Studies, for Research, with resonances on Commission: “They are both sides of the constitutional law, and for Research and Atlantic. We thought doing some litigation, comparative constitutional Academic Programs. this workshop would but they have no strategy. provide an opportunity law and federal courts, She also chaired the for us to learn from They’re reacting mostly joined the faculty this appointments and each other.” to public pressure and hls professor Grainne summer as a tenured academic standards de Burca what’s going to make professor. She is the committees. She was a co- them look good in the school’s first Thurgood recipient of Georgetown’s papers the next day.” Marshall Professor of Frank Flegal Award for David B. Oppenheimer Constitutional Law. Excellence in Teaching. ’78, a clinical professor at the Most recently the Jackson was a deputy University of California Berkeley Carmack Waterhouse assistant attorney general School of Law, said the same Professor of in the Justice kind of meekness has struck Constitutional Department’s American anti-discrimination

Law at the Office of Legal MARTHA STEWART institutions. He said, “There Georgetown Counsel, were long periods of time University Law and she has questions.” somewhat more optimistically— when the [Equal Employment Center, she has been a board A recurring theme throughout perhaps because it is Opportunity Commission] only taught courses member of the the discussions was a sense of considerably younger and has submitted briefs in the U.S. on constitutional International disillusionment among U.S.- not yet generated the kind of Supreme Court in which they law, comparative Association of based participants with the role social and political backlash seen supported the employer.” constitutional Constitutional that legal institutions have come in the U.S. “These U.S. agencies are law, gender equality, Law since 1999. She also to play in tackling inequity and Bruno de Witte, professor of heavily politicized agencies federal courts and the served as co-chair of the discrimination. EU law at Maastricht because this is a heavily Supreme Court. She joined Special Committee on Elizabeth University in The politicized issue,” he said. “It’s the Georgetown faculty in Gender of the D.C. Circuit Bartholet ’65, Morris European Netherlands, pointed hard for a regulatory agency to 1985. Task Force on Gender, Wasserstein Public participants out that prior to the avoid political capture unless it’s Jackson was a visiting Race and Ethnic Bias. Interest Professor of described the EU’s Racial Equality doing something that everyone professor at HLS and at Earlier in her career, Law at HLS, spoke of state of anti- Directive of 2000, regards as very boring—and this she was a partner at the broad advent of discrimination only a few European isn’t boring.” Rogovin, Huge & Lenzner anti-discrimination law there nations had any This kind of political reality, in Washington, D.C. law in the U.S., in somewhat more kind of equality which exists to different National Association She served as a law the ’60s and ’70s, optimistically— institutions. The degrees on both continents, of People with AIDS. clerk to U.S. Supreme as “a very powerful perhaps because directive mandated prompted participants to He has also received Court Justice Thurgood time in terms of how it is considerably their creation by EU examine alternative anti- awards recognizing the Marshall; to Judge courts and law could member states and discrimination strategies that younger. importance of his work Murray Gurfein, U.S. function to create the today more than 30 rely less on legal institutions. from HLS Lambda and the Court of Appeals, 2nd synthesis of judicial European countries These include private initiatives Harvard Civil Rights-Civil Circuit; and to Judge and proactive policy.” She said have them, he said. within corporations and broader Liberties Law Review, Gay Morris Lasker, U.S. that a theory of “disparate In terms of effectiveness, strategies launched by public and and Lesbian Advocates District Court, Southern impact” quickly took root— however, “we don’t yet know private institutions including and Defenders, and the District of New York. meaning that employers could be whether equality institutions universities. cities of Boston and She has written five held liable if their practices had have actually realized effective Yale Law School Professor Cambridge. books, including two an adverse impact on various legal change,” he said. “Thus Reva Siegel said the legal He is a member of the with HLS Professor Mark minority groups in the absence of far we have mainly anecdotal challenge in the fight against Presidential Advisory Tushnet: “Comparative the employer showing they were evidence.” discrimination will be to identify Council on HIV/AIDS, Constitutional Law” required by business necessity. De Witte and others singled new methods and new tools, the co-chair of the HIV and “Defining the Large groups of poor and out the French equality moving beyond courts. “There’s Health Care Access Field of Comparative minority workers were able institution HALDE as effective, a deep way in which the U.S. Working Group, and a Constitutional Law,” to get representation in court but the performance of other story is about unlearning a board member of the an edited collection of through class actions, she said. European equality institutions certain mystification of the the Bessie Tartt Wilson essays. Today, however, “the courts have has been mixed, participants role of courts in the redress of Initiative for Children and She holds a B.A. in essentially destroyed impact said. discrimination,” she said. “It’s the Technical Assistance history, summa cum theory,” she said, and have also “We’re seeing how vulnerable not about abandoning courts, but Collaborative for housing. laude, from Yale. She destroyed the class action device. they are to political winds,” said about launching a much deeper He holds a B.A. from earned her J.D. from Yale, European participants Mark Bell, a professor at the inquiry into the multiple forms of Vassar College and a J.D. where she was an editor described the state of anti- University of Leicester School of law used in the service of social

from Northeastern. of the Yale Law Journal. discrimination law there Law in the U.K. change.” 2011 july today law harvard 8

COMMENCEMENTBRIEFS Celebrating the Class of 2011

arvard Law School graduation festivities began on Class Day, Wednesday, May 25, and continued through HCommencement on Thursday, May 26. This year, the law school conferred a total of 790 degrees—585 J.D.s, 195 LL.M.s and 10 S.J.D.s. The Class of 2011 surpassed the HLS record for pro bono hours, performing a total of 366,204 hours, an average of 628 hours per J.D. student. Elizabeth “Libby” Benton ’11 received the 2011 Andrew L. Kaufman Pro Bono Service Award, after performing more than 2,300 hours of free legal services while at HLS.

G Web link: http://hvrd.me/HLSCommence2011

E Dean Martha n 2011 Class Marshals, [L-R] Minow addressed Sameer Birring, Sakisha Jackson, the graduating Megan Jeans and Paul Ray, led the class on May 26. class to Harvard Yard.

”No matter what got you to this point, you are now graduates of Harvard Law School: brilliant, talented, aware, young, potent and

n Class Day Q The poised for Speaker inaugural greatness. This and award- William winning actor J. Stuntz world needs Alec Baldwin Memorial told the Class Award for you.” of 2011 that Justice, if he could Human do it all over Dignity and HLS Professor

again, he Compassion, Jon Hanson JON CHASE would choose created in differently. “I honor of n The graduating class chose Professor Jon Hanson would trade the late as this year’s recipient of the Albert M. Sacks-Paul places with Professor A. Freund Award for Teaching Excellence. you,” he said. William J. “There is Stuntz, was truly no limit awarded to to what each Sarah Min of you can do ’11 for her in order to compassionate change the work quality of throughout people’s lives.” the world. JON CHASE harvard law today july 2011 july today law harvard

PHOTOGRAPHS BY L. BARRY HETHERINGTON