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2 3 yale law report winter 2011 news in brief

senting the European Union, Italy, Germany, and Hong Kong—all courts in which an official dissenting opinion is rare or non-existent. The fourteenth Global Constitutionalism Seminar took place at September 22-25, 2010. The seminar drew fourteen sitting and former Supreme Court and constitutional court justices from eight countries, as well as the European Court of Justice and the European Court of Human Rights. The seminar, with its five closed panels, is designed to promote international understanding of issues of constitutional law. This year’s theme was “Technological Revolutions and their Impact on Fundamental Values.” “One of the highlights this year,” said Professor Bruce Ackerman ’67, “was the way each concrete discussion illuminated the broad theme in unexpected ways, yielding real insights into the way technol- ogy is revolutionizing constitutional understandings across a broad front.” foreign judges, said Dieter Grimm, who Germany allowed-dissents are the excep- Professors Ackerman and Jed Rubenfeld served as a Justice on the Federal tion, not the rule. were co-directors of this year’s seminar. Constitutional Court of Germany from “One of the reasons is that the justices They assumed directorship from Robert 1987 to 1999. “In countries where dissent is deliberate extensively,” he said. Post ’77 after he was named Dean and Sol not made public, that choice began with “Arguments matter, and it often happens & Lillian Goldman Professor of Law in the premise that it is the court that that members of the Court change their 2009. decides, not the individual judge. In minds because of the internal discussion. TRY TO IMAGINE THAT EVERY DECISION Most sessions are closed to encourage addition, for a long time the idea prevailed There is a general willingness to find a Seminar Offers Students coming out of the U.S. Supreme Court was open discussion among the justices; how- unanimous, that the public didn’t know ever, three student-planned panels allowed a Window Onto the World’s when the justices disagreed—or with the students insight into some of the “One of the highlights this year was the way each whom—and the Court spoke publicly only world’s most prominent legal minds. concrete discussion illuminated the broad theme in unexpected with one voice. The Yale Law School chapter of the ‘Greatest Legal Minds’ That was the challenge issued to Yale American Constitution Society and Yale ways, yielding real insights into the way technology is Law School students by Judge Jon O. Law co-sponsored the revolutionizing constitutional understandings across a broad front.” Newman ’56, Senior Judge of the United panel, “Dissent and its Limits.” States Court of Appeals for the Second “The tradition of dissent is so well- Professor Bruce Ackerman ’67 Circuit. ingrained in the United States … . This is “I invite you to wonder how our the first time I’ve seriously considered [not Supreme Court would function and how it having dissents],” Newman—the only (and in some countries still prevails) that common solution, and if this succeeds the (above) This was the first Global Constitutionalism Seminar for Justice Robert Ribeiro (left), would be perceived without [dissenting American voice on the panel—told the stu- there is only one correct answer to a legal justices are less inclined to file a dissenting Permanent Member of the Court of Final Appeal, Hong Kong, pictured with Yale Law School Visiting opinions],” Newman told a standing-room- dents. “I think having dissents makes each question. If this is so, it does not make opinion even if their ideas were not com- Professor of Law Patrick Weil; (opposite) Professors Jed Rubenfeld (right) and Bruce Ackerman were only crowd of students during a panel dis- justice more accountable. … In addition, I sense to publish dissents. Finally, there are pletely adopted. co-directors of the fourteenth Global Constitutionalism Seminar, which brought together sitting cussion on “Dissent and its Limits,” at Yale think the majority would be less inhibited fears that dissenting opinions might “Nobody feels compelled to write a dis- and former Supreme Court and constitutional court justices like The Honorable Luzius Wildhaber, Law School’s 2010 Global Constitutionalism without dissent.” undermine the authority of the judiciary,” senting opinion,” said Grimm, who is cur- Former President of the European Court of Human Rights (left), for a discussion on “Technological Seminar. The panel discussion brought In fact, the inclusion of dissenting said Grimm. rently Visiting Professor of Law and Oscar

Revolutions and their Impact on Fundamental Values.” Newman together with four justices repre- Lisak Robert by Photographs opinions is a very divisive topic among In the Federal Constitutional Court of continued on page 11 4 5 yale law report winter 2011 news in brief

faculty writing course for students who plan to lit- Yale Law School Expands igate, Legal Writing for Litigators, and co- Legal Writing Instruction taught a course for first-year law students, Elements of Effective Legal Writing, to train over the last twenty years, there them to write strong briefs. Messing will have been two fixtures of Yale Law School’s also co-teach a course in spring 2011 to legal writing program: the “small group” train students to draft contracts. and Rob Harrison ’73. Small group profes- “With unflagging enthusiasm, warmth, sors and their assistants—Coker Fellows— and a seemingly endless repertoire of Brooks Markovits train first-year students to write and incisive advice and hilarious examples, reason effectively, while Harrison has Noah has shown my classmates and me faculty steadfastly offered advice about legal how rhetoric can endear or alienate a Richard Brooks and memoranda, briefs, and effective commu- reader, how the arrangement of facts can nications, in a uniquely personal style that persuade or cast doubt, and how a Noah Messing ’00 and Rob Harrison ’73 teach Daniel Markovits ’00 includes memorizing students’ names and strategically placed comma can clarify or legal writing at YLS Awarded Professorships faces before he’s even met them and sign- create boundless ambiguity,” said ing his emails, “love, Rob.” Margaret Hsieh ’11. upper-level seminar that trains students to richard brooks has been named the Building on a strong foundation, the “There’s no class that I more often think write briefs and argue cases in federal Leighton Homer Surbeck Professor of Law, Co-prosecutor Andrew Cayley reassures Ms. Khon Savin that the Khmer Krom survivors Law School has recently expanded its legal back to—or thank my luck for—than courts. and Daniel Markovits ’00 has been named will be heard. Photo courtesy of Access to Justice Asia. writing instruction. The changes began in Noah’s Legal Writing for Litigators,” said Judge Walker has become involved at the Professor of Law. January 2009 when Noah Messing ’00 Elliot Morrison ’10, currently clerking on Yale Law in another vital way—as part of Richard Brooks came to Yale Law School came aboard. Messing, who litigated in the Eleventh Circuit with Judge Rosemary an innovation affectionately known as in 2003. His areas of expertise are law and Human Rights Clinic Working with Legal Team Washington, D.C., for approximately six Barkett. “It’s in everything I write for my “The Walker Plan.” The judge works with economics, contracts, business organiza- years, left his job as Counsel for Senator judge, or will write for any job I have going the Coker Fellows of every participating tions, and race and the law. He previously Supporting Victims of Khmer Rouge Atrocities Hillary Rodham Clinton ’73 to join Harrison forward.” first-term instructor to discuss how they taught at Northwestern University School faculty and students from the Allard K. Lowenstein International as Yale Law’s second legal writing instruc- The federal judiciary has gotten into the can most constructively critique students’ of Law and in Cornell University’s Human Rights Clinic at Yale Law School are working with Access to Justice tor. His writing courses, like Harrison’s act as well, with a number of distinguished writing. He also meets directly with the Department of Policy Analysis and Asia (AJA) to seek justice for the Khmer Krom, survivors of the 1970s Khmer iconic Advanced Legal Writing, take stu- judges coming to Yale Law to train stu- students of each participating first-term Management. He has served as a visiting Rouge genocide who are determined to have their cases heard at the upcom- dents beyond basic competence to excel- dents in writing. U.S. District Judge Mark instructor to provide custom feedback on researcher at the Center in Law, Economics ing trial of four former senior Khmer Rouge leaders. lence in legal writing. Kravitz led Yale Law’s brief-writing course their writing assignments. and Organization at the University of The -backed court established to prosecute Khmer Rouge “Writing is the heart of modern legal for first-year students, teaching with “Can you imagine being a first-semester Southern Law School; on an leaders did not include the crimes against the Khmer Krom as part of its practice,” Messing explained. “Rob and I Messing, Professor Dan Kahan, and Sandy law student and having a sitting Second advisory committee to the Social, three-year investigation, but Khmer Krom survivors pressed their case with have the privilege of helping our extraordi- Glover of the U.S. Attorney’s Office in New Circuit Judge evaluate your legal writing Behavioral and Economics Sciences the court, submitting extensive evidence of the atrocities they suffered, and nary students become extraordinary law- Haven. And Kravitz now co-teaches—with skills?” said Dean Robert Post ’77. “It’s Division of the National Science their efforts paid off. yers.” Senior Judge John Walker of the U.S. Court pretty exciting.” Foundation; and as a research specialist in Now, dozens of Khmer Krom survivors will participate in the trial, expected Messing has taught an upper-level of Appeals for the Second Circuit—an “It felt exhilaratingly real world, albeit the Antitrust Division of the Department to begin in early 2011. They are represented by a team of lawyers led by somewhat intimidating, to have a sitting of Justice. He holds a B.A. from Cornell, an Singapore Management University Assistant Professor of Law Mahdev Second Circuit Judge provide constructive M.A. and a Ph.D. from the University of Mohan of AJA. Assisting on their legal team will be the YLS clinic members, feedback on my first attempt at legal writ- California at Berkeley, and a J.D. from the headed by Clinical Visiting Professor Laurel Fletcher, an expert in transitional Professor Douglas Kysar Discusses ing,” said Tessa Bialek ’13. “Judge Walker’s University of Chicago. justice and humanitarian law. Climate Change in Inaugural Lecture unique perspective enhanced my under- Daniel Markovits joined Yale Law School “Our goal is to ensure that the harm suffered by the Khmer Krom as a dis- standing of legal writing contexts and in 2001, after clerking for the Honorable tinctive group is acknowledged, documented, and redressed through this jus- Professor Douglas Kysar presented his inaugural lecture as techniques, and his critique served as a Guido Calabresi of the U.S. Court of tice process,” said Fletcher. “We trust that as the evidence of the Khmer the Joseph M. Field ’55 Professor of Law on November 15, speaking valuable complement to feedback from Appeals for the Second Circuit. He works in Krom’s ordeal is developed during trial, the court will treat the Khmer Krom about “Climate Change, Courts, and the Common Law.” Kysar joined other sources.” the philosophical foundations of private equally with other minority groups, and our clients will share equally in any Yale Law School in 2008 and was named the Joseph M. Field ’55 The latest innovations in legal writing, law, moral and political philosophy, and reparations awarded by the court.” Professor of Law in March 2010. He is also a Professor (by courtesy) at according to Noah Messing, supplement a behavioral economics. He has written “Our Khmer Krom clients’ evidence bridges a missing link in the case the Yale School of Forestry & Environmental Studies. A leading program that was already working well. numerous articles on contracts, legal against the Khmer Rouge and sheds light on why Khmers killed Khmers scholar in the area of environmental law, he also teaches Torts, and “Rob Harrison is talented and saintly—like ethics, distributive justice, and other topics under the Pol Pot regime. After all that they have endured, their evidence Law & Globalization. He previously taught at Cornell University Law a combination of Daniel Webster and and is author of the book, A Modern Legal should be presented, not swept under the carpet,” said Mohan. School for seven years and was a visiting professor at UCLA School of Mother Teresa. But his advanced course Ethics: Adversary Advocacy in a Democratic Law, Yale Law School, and Harvard Law School. He earned a B.A. in philosophy was oversubscribed,” Messing said, “and Age. He holds a B.A. from Yale, an M.Sc. www.law.yale.edu/schell from Indiana University and a J.D. from Harvard Law School. the recent changes ensure that our stu- from the London School of Economics, a dents can get more feedback from more B.Phil. and D.Phil. from Oxford, and a J.D. www.law.yale.edu/videos sources.” from Yale Law School. 6 7 yale law report winter 2011 news in brief

clinics interdisciplinary work with mental health national veterans’ organizations Special Director’s Premiere of Fair Game New YLS Clinic Offers Legal professionals, and to learn new areas of in their advocacy efforts on such law.” issues as PTSD and MST and Held in Honor of Liman Programs Assistance to Connecticut Interest among students was immedi- other legislative and regulatory Veterans ate, both from those with a personal inter- matters. The venerable Paris Theater on Resnik moderated a discussion by Doug est in veterans and the military, and those Tasha Brown ’11, a former West 58th Street was the site of a Liman, Valerie Plame, Joseph Wilson, yale law school launched a new clinic concerned with particularly vulnerable Marine, is helping a disabled vet- private screening of the filmFair Game, and Emily Bazelon ’00, senior editor for in the fall to train students to address the populations, such as women, recently eran become a U.S. citizen. She’s directed by Doug Liman, son of the late Slate magazine who, when a student at needs of an underserved and often stigma- returned, non-citizen, LGBT, and elderly vet- also working with an institu- Arthur Liman ’57, in whose name the Yale Law School, edited a Liman tized population—Connecticut’s military erans. tional client to ensure that mili- Arthur Liman Public Interest Program at Program volume on access to legal ser- veterans. Yale’s program is one of a handful Clinic member Kate Swenson’s ’12 hus- tary members are not being dis- Yale Law School is endowed. The vices. of veterans’ clinics now operating in the band is an officer in the Army. charged for personality October 6 Director’s Premiere honored “This film provides powerful lessons nation, and the only one at any law school “I was motivated to sign up for the clinic disorders—thus making them the Liman-supported programs at both on the misuses of government power, in New England. after hearing stories from my husband’s ineligible for disability benefits— Yale and the Legal Action Center (www. the critical roles played by honest indi- The Veterans Legal Services Clinic was friends about the unique problems facing when a more appropriate diag- lac.org), a nonprofit organization viduals, and the need for institutional founded by Clinical Professor Mike Wishnie armed services personnel,” she said. nosis would be severe head dedicated to fighting discrimination changes in our democracy,” said Resnik. ’93 to assist Connecticut’s approximately “I signed up to help veterans tell their trauma or PTSD. Clinic students Kate Swenson ’12 and Will against people with AIDS, criminal 250,000 veterans, many of whom face sig- stories and to shine some light on a system “The concern is that the military is erro- Bornstein ’11 records, and histories of addiction, nificant obstacles in securing Department that too often discourages or prevents neously classifying disabled services mem- founded by Arthur Liman and on whose of Veterans Affairs (VA) disability compen- those stories from being told,” said Will bers as having personality disorders when board Doug Liman sits. Supporters and sation or pension benefits, obtaining dis- Bornstein ’11. “Veterans of all generations they do not, in order to avoid paying dis- Bornstein. “But the most rewarding part of friends of both programs joined the charge upgrades, and addressing a range have served this country admirably. ability benefits,” Brown said. the clinic is the human component—meet- Liman family at the special showing. of civil legal service needs. Among the Unfortunately, government bureaucracy “I think that the clinic is fascinating ing veterans, hearing their stories, learning Judith Resnik, the Arthur Liman areas of early concentration for the clinic doesn’t have the best track record of serv- because it combines a variety of issues about their successes and struggles, and Professor at Yale Law School and the are representing individual veterans and ing them once they have returned to civil- including poverty, homelessness, mental figuring out a way to help.” founding Director of the Liman veterans’ organizations confronting issues ian life.” health, crime, disability, and almost any The Veterans Legal Services Clinic fac- Program, has a cameo in Fair Game, related to post-traumatic stress disorder So the students have stepped in, some general legal problem imaginable,” said ulty includes Wishnie, YLS Clinical Visiting which stars Naomi Watts and Sean (PTSD), wrongful personality disorder dis- of them working to get discharge upgrades Swenson. “Some of these issues literally Professor Jeffrey Selbin, YLS Clinical Visiting Penn. The movie is based on the autobi- charges, and military sexual trauma (MST). for veterans challenging their “other than mean the difference between being on the Lecturer Margaret Middleton, Yale Medical ography of Valerie Plame, a former The clinic enables students to represent honorable” discharge status or their char- street and not. It is rewarding to do what School Professor of Psychiatry and Adjunct undercover agent for the CIA. Her career veterans and their organizations in a wide acterization as personality disorder dis- we can to help our clients realize their Professor of Law Howard Zonana, and Yale was ended and marriage strained when, variety of litigation and non-litigation mat- charges. Veterans who receive such dis- goals.” Medical School Associate Professor of in the wake of the attack on Iraq, White ters related to their military service or charges may not be eligible for housing “Navigating the legal systems that Psychiatry Madelon Baranoski. House officials illegally exposed her return to civilian life. Over time, the clinic loans, employment, and other benefits. affect veterans is both challenging and covert identity. They acted after her hus- expects to assist veterans with housing, Students are also representing local and intellectually interesting,” added www.law.yale.edu/lso band, former Ambassador Joseph employment, health care, foreclosure, and Wilson, made public his report to the immigration and other issues, in addition government about the plausibility of to VA benefits and discharge upgrades. Niger’s capacity to supply uranium for Judith Resnik, Arthur Liman Professor of Law, Currently, eight law students and two weapons of mass destruction. with Doug Liman, director of the filmFair psychiatric fellows from the Law & Students Play Key Role in Historic Proposition 8 Marriage Case Following the Fair Game showing, Game. Psychiatry Division of Yale Medical School’s Department of Psychiatry participate in a federal judge’s ruling in early August on SFALP co-founder and faculty advisor Heather Gerken, the clinic, which includes a weekly seminar same-sex couples’ right to marry was welcome the J. Skelly Wright Professor of Law, said, “The students did an Collaboration, Cooperation, and Confrontation: as well as live-client fieldwork. The clinic is news to Yale Law School students closely involved incredible amount of work on the case and often worked (En)Countering Disagreement in Pursuit of Social Justice led by faculty from both the law school in the case. On August 4, Judge Vaughn Walker under intense timelines. But they were thrilled to do it. After and the medical school. declared that California’s Proposition 8, which all, how many law students get a chance to work on a case like fourteenth annual arthur liman colloquium “Some veterans have acute legal needs, eliminated the right of gay and lesbian couples to this? Some people are calling it ‘the trial of the century.’ At the march 3– 4, 2011 but legal services offices and law firm pro Gerken marry in California, violated the federal very least, this case seems destined for the history books, and bono programs have not traditionally Constitution. The students had worked on the I’m proud that our students were part of it.” Current and former members of the executive and legislative branches will handled matters such as VA benefits cases case, Perry v. Schwarzenegger, as part of their participation in The Affirmative Litigation Project is funded by join advocates to examine their respective roles in serving the public interest. Topics and discharge upgrades,” said Wishnie. the San Francisco Affirmative Litigation Project (SFALP) work- the Oscar M. Ruebhausen Fund at Yale Law School. include enabling access to justice, responding to environmental disasters, “This was a rich opportunity for students ing with the San Francisco city attorney’s office. facilitating or discouraging migration, and encounters with the criminal justice to learn to address the unmet needs of an www.law.yale.edu/sfalp system. For more information, visit www.law.yale.edu/liman or contact Hope underserved population, to engage in Metcalf, Director of the Arthur Liman Program, at [email protected]. 8 9 yale law report winter 2011 news in brief

Rove; that event was co-sponsored with speakers the Yale Political Union and Young Journalists Greenhouse America’s Foundation. and Lithwick Discuss How Previous marquee events included a lec- ture last April by former Attorney General the Internet Has Affected Michael Mukasey ’67 on the history of ter- Supreme Court Reporting rorism prosecution. The Federalist Society also welcomed even just two years ago, Linda several federal judges for various events, Greenhouse ’78 msl had an admittedly old- including Sixth Circuit Judge Jeffrey Sutton fashioned approach to reporting on the on the importance of state constitutional U.S. Supreme Court. When a ruling was law; D.C. Circuit Judge Brett Kavanaugh ’90 issued, typically around 10:30 a.m., on the rise of the administrative state; Greenhouse would take the written mate- Seventh Circuit Judge Diane Sykes in a dis- rials and sit alone in a room until she’d Linda Greenhouse ’78 msl and Dahlia Lithwick cussion about judicial elections; and Judge read every word. Then she would return to Reena Raggi of the Second Circuit, who the Washington, D.C., bureau of The New gave the keynote address on the founda- York Times and proceed to write up her media to file sooner, said Lithwick, and that “My answer to it was to try to add con- tional importance of the jury system at the story for the 6 p.m. deadline. kind of pressure will only increase. text to the case,” said Greenhouse. “I saw chapter’s fifth annual banquet. Now, when Dahlia Lithwick is writing “We are a wonderfully old-fashioned that as a challenge of adding value.” Former Deputy Chief of Staff Karl Rove recently spoke at YLS in an event co-sponsored Vice President for Events Dan Feith ’12 about a Supreme Court decision, she starts press corps, a very scholarly press corps. We Journalists aren’t the only ones coming by the Yale Federalist Society, the Yale Political Union, and Young America’s Foundation. commented, “We bring in speakers who getting e-mails at 11 a.m. asking when the are basically a bunch of constitutional law to terms with the impact of the 24/7 news enrich the law school’s intellectual debate story will be online. professors with a big ‘junior’ badge,” said cycle. by voicing perspectives that students don’t About 70 people gathered at Yale Law Lithwick. But knowing that decisions will “Justices are really grappling with the student organizations dance of more than fifty-five students per otherwise hear.” School October 26 to hear the journalists be posted, dissected, and analyzed imme- Internet right now,” said Lithwick. “There’s Federalist Society Chapter event and an e-mail list with over 200 Other notable events over the past year discuss their experiences covering the diately after they are handed down creates a sense of being instantly judged. … They students, faculty, and friends of the Society. included a discussion between Notre Court at “Writing About The Supreme an unhealthy pressure to file a story before all have their clerks print out the blogs.” Flourishes at Yale Law School; As Public Relations Chair Alex Gesch ’11 Dame Law Professor Paolo Carozza and Court, A Discussion With Dahlia Lithwick it’s fully thought through, she said—some- “Do you think this has had an impact on Rove, Mukasey Among noted, “Many students who attend our Yale Law Professor Oona Hathaway ’97 on and Linda Greenhouse.” Lithwick, senior thing that’s become commonplace in polit- jurisprudence?” asked Greenhouse. events don’t agree with our point of view, the history of American resistance to editor and legal correspondent for Slate, ical coverage but is much riskier on the “I think it has,” replied Lithwick. Recent Featured Speakers but they value open dialogue and discus- international humanitarian rights law, and Greenhouse, Knight Distinguished Supreme Court beat. sion about key legal issues. We’ve even had co-sponsored by the Schell Center for Journalist-in-Residence at Yale Law School, outside its walls, Yale Law School is liberal students ask to join our email list so International Human Rights; and a retro- discussed the Supreme Court press corps’ renowned for many things, but not as a they could come to more Federalist Society spective on the Supreme Court nomination methods, protocol, and taboos and offered hotbed of conservative legal thought. But events.” of former Yale Professor Robert Bork, insight into the justices’ personalities, those more familiar with the institution styles, and shifting group dynamics. The know the Yale Federalist Society, a group event was sponsored by the Information of conservative and libertarian law stu- “We bring in speakers who enrich the law school’s Society Project at Yale Law School and the dents committed to “preserving the main- intellectual debate by voicing perspectives that students Knight Law and Media Program, and made stays of our free government: federalism, don’t otherwise hear.” Dan Feith ’12 possible by the Poynter Fellowship in the separation of powers, and judicial Journalism at . fidelity to the text of the Constitution,” A lot has changed in media coverage of continues to be one of the school’s most The Society hosted twenty-five events featuring Ambassador Tom Korologos, Yale the Court in the past two years—changes successful student organizations. during the 2009–2010 school year, some Law Professor Paul Gewirtz ’70, and Yale that have much to do with the expansion “Our mission is to foster an exchange of jointly with Yale Law School’s American Law Lecturer Linda Greenhouse ’78 msl. of online reporting and commentary by ideas on important legal issues,” said Constitution Society, on topics including The Yale Federalist Society is part of non-traditional media, said both women. It’s a bird, it’s a plane, it’s a…lawyer? Chapter President Michael Ellis ’11, “and in the War on Terror, the government bailout the Federalist Society for Law and Public “Filing early and constantly is terrible Recently the Law Library was home to an exhibit called “Superheroes in Court! Lawyers, Law doing so, we challenge our own assump- of the auto industry, the Establishment Policy Studies, founded in 1982 by law and inimical to thoughtful coverage,” said and Comic Books,” depicting the role lawyers, laws, and courts have played in the 80-year students from several schools, including tions and those of a left-leaning student Clause, the relation of administrative agen- Greenhouse, who covered the Supreme history of the comic book industry. Among the funnies in the exhibit: Superman found body and faculty.” cies to the judiciary, and state constitu- Yale. The national organization claims Court for The Times between guilty by a jury of Bizarro Supermen, and Batman on trial in front of a Joker judge. Covers From its small beginnings more than tional law. 40,000 members and has student 1978 and 2008 and now writes a biweekly of such classics as Young Romance, Teen-age Temptations, Crime Detective, and Secrets of twenty-five years ago, the Federalist And the 2010–2011 school year got off to chapters at all 196 ABA-accredited law column on law for the paper. Sinister House also showed courtroom scenes. The exhibit was the work of guest curator and Society at Yale has continued to grow in a rousing start with a debate on whether schools. The real-time “tweets” and blogosphere Washington, D.C., attorney Mark Zaid, a comic book collector and co-founder of the Comic numbers and strength. As of last spring, to repeal “Obamacare,” featuring former coverage of Supreme Court personalities Book Collecting Association. Zaid also gave a talk at the Law School in connection with the the Federalists boasted an average atten- White House Deputy Chief of Staff Karl www.yalefedsoc.org and decisions has definitely ratcheted up exhibit. For more on the exhibit and lecture, visit blogs.law.yale.edu/blogs/rarebooks/. Photograph courtesy of the Yale Federalist Society Federalist Yale the of courtesy Photograph

Comic book photos by Harold Shapiro Harold by photos book Comic the pressure on accredited Supreme Court 10 11 yale law report winter 2011 news in brief

Seminar, continued from page 3 For the students in attendance, the M. Ruebhausen Distinguished Senior panels represented a unique chance to Fellow at Yale Law School. pose questions to some exceptional legal Because judges in Italy know there is representatives. Visiting the Law School no real possibility of writing a dissent, “Obviously, this opportunity to see they work together every other week for some of the greatest legal minds in the months on end to bring their colleagues world was just extraordinary,” said Dan around to their way of thinking, said Feith ’12, Vice-President for Events for the The National Latino/a Law Student Conference Justice Sabino Cassese of the Yale Federalist Society. took place at YLS in the fall. Constitutional Court of Italy. The chance to interact with individuals The lack of dissenting opinion is part at this level is one of the things that of an attempt to make the Italian courts makes attending Yale Law School such a The Economics of less political, he said. “The thinking is that unique experience. “Yale pulls together Anti-Corruption Policy among … it’s better for judges to abstain from so many different perspectives. To see introducing their own opinions,” he said. these judges from different cultures and fall conference topics “Italian politics is so conflictual that with varying points of view gave me a adding dissent would be like adding con- better appreciation for our own system,” on september 17 and 18, Susan Rose- fusion to confusion.” said Feith. Ackerman convened a conference on The Izhak Englard, former Edgar S. Cahn ’63, The anonymity allowed by a unani- The degree to which the justices were Economics of Anti-Corruption Policy with the justice of the Supreme Distinguished Professor of mous opinion can also help justices to willing to engage each other in debate support of the Oscar M. Ruebhausen Fund. Court of Israel, discussed Law at the University of the steer clear of political expectations— was a highlight for Arpit Garg ’12, The conference, co-organized with Tina “Law and Morality in the District of Columbia School which can sometimes become a Co-President of the Yale Law School chap- Soreide of the Chr. Michelson Institute in Jewish Tradition” in a Dean’s of Law, gave a Dean’s self-fulfilling prophecy, said Miguel ter of the American Constitution Society. Bergen, Norway, brought together the Lecture on October 5. Lecture on October 7 on the Maduro, professor at the European “[The panel] exposed students to a authors who are contributing to a book that topic, “Co-Producing Justice: University Institute and former Advocate way of thinking about structures of the Rose-Ackerman and Soreide are editing. The Lawyering and System General with the European Court of Constitution that we otherwise might group was very international, with attendees Change.” Justice in Luxembourg. not have a chance to see,” said Garg. “To from France, the UK, Brazil, Italy, and John Teton, founder and director of the In Hong Kong, the justices prefer a hear individuals of this level engaging Germany as well as the United States and the International Food Security Treaty Campaign, single judgment if possible; however, a one another was a unique opportunity.” World Bank. A number of Yale graduate stu- spoke on October 7 about “The International Haugen dissenting opinion can sometimes form dents and faculty also attended. Papers Food Security Treaty: Human Rights Law and the basis of future decisions, said Justice www.law.yale.edu/ ranged from an analysis of corruption in the the Eradication of World Hunger.” And Robert Ribeiro, Permanent Member of globalconstitutionalism Iraq oil-for-food program, to the role of anti- International Justice Mission CEO Gary Haugen spoke October 11 the Court of Final Appeal, Hong Kong. corruption commissions, to corruption in Sao on “The New Mandate for Human Rights: Addressing Lawlessness Tome and Principe after the discovery of oil. Among the Global Poor.” Both talks were sponsored by the Orville Several papers dealt with corruption in pro- H. Schell Jr. Center for International Human Rights at Yale Law curement and infrastructure. The meeting School. was an opportunity for the authors to cri- tique each others’ work and get feedback Richard H. Thaler gave the John before preparing their final versions. The R. Raben/Sullivan & Cromwell book is scheduled for publication by Edward Fellowship Lecture on October 4. Elgar in 2011. His lecture was titled “The Other notable conferences this fall Behavioral Economics of included the 14th Annual National Latina/o Swindling and Selling: A Lecture Law Student Conference, hosted by Yale Law in Honor of Arthur Leff.” Thaler is University of Chicago Economics Professor James Heckman School’s Latino Law Student Association the Ralph and Dorothy Keller gave the James A. Thomas Lecture November 1 on the topic, (LLSA); the Conference on Empirical Legal Distinguished Service Professor of “Hard Evidence on Soft Skills: The GED and the Problem of Soft Studies (CELS), which featured a keynote by Behavioral Science and Economics Skills in America.” Princeton University Economics Professor at the University of Chicago’s Orley Ashenfelter; and a Privacy and Booth School of Business, where Videos and podcasts of some of these lectures can be found Innovation Symposium sponsored by the he is also director of the Center at www.law.yale.edu/videos and www.law.yale.edu/ Kauffman Foundation and hosted by the for Decision Research. podcasts. (left) Baroness Brenda Hale of the Supreme Court of the United Kingdom makes a point during one Information Society Project at Yale Law of the panels; (right) The student-sponsored panel “Dissent and its Limits” was the first time Judge School. Jon O. Newman ’56, Senior Judge of the United States Court of Appeals for the Second Circuit, had seriously considered the implications of not having dissents, he told those in attendance. NLLSA Conference photograph by William K. Sacco, Yale University Media Services; Global Constitutionalism Seminar photographs by Robert Lisak Robert by photographs Seminar Constitutionalism Global Services; Media University Yale Sacco, K. William by photograph Conference NLLSA 12 13 yale law report winter 2011

Raphael Lemkin Prize Edward D. Robbins Memorial Prize barristers’ union prizes student prizes 2009–2010 Awarded for a paper in the field of Awarded to the best third-year student John Fletcher Caskey Prize international human rights contribution to a law journal other than For the best presentation of a case on final Karl “Tom” Dannenbaum ’10 The Yale Law Journal trial in the Thomas Swan Barristers’ Union “Military Orders, Licit Disobedience, Rebecca Krauss ’10 Barrett Anderson ’12 and the Vanishing Prohibition on “The Theory of Prosecutorial Discretion in the Use of Force” Federal Law: Origins and Development” John Currier Gallagher Prize Charles G. Albom Prize Daniel Hemel ’12 Jerome Sayles Hess Fund Prize For the student showing most proficiency in Awarded annually to a student who “The Economic Logic of the Lease/Loan Awarded to the student who demonstrates Stephen J. Massey Prize Benjamin Scharps Prize the presentation of a case on final trial in the demonstrates excellence in the area of judicial Distinction: In Defense of the Status Quo” excellence in the area of International Law Awarded to the student who best exemplifies, Awarded for the best paper by a third-year Thomas Swan Barristers’ Union and/or administrative appellate advocacy in Dermot Lynch ’12 Karl “Tom” Dannenbaum ’10 in work on behalf of clients and student Nila Bala ’12 connection with a Law School clinical program “Rendering Less Unto Casear? Kathleen Claussen ’10 in other community service, the values of Elina Tetelbaum ’10 Laurie Michelle Ball (Joint Degree) The New Radicalism of the U.S. the Jerome N. Frank Legal Services “A Sobering Look at Why Sunday Closing moot court prizes Organization at Yale Law School Laws Violate the Sherman Act” Sara Mireille Edelstein ’10 Conference of Catholic Bishops and Jewell Prize Thurman Arnold Appellate Rebecca Melissa Heller ’10 What It Means for Catholic Judges Awarded for the best second-year student Franklin Edwin Ard ’10 Lindsay Nash ’10 Competition Prize Jeffrey Sterling Kahn ’10 Ruling on Abortion Rights” contribution to a law journal other than Mirra Alexandra Orcutt Levitt ’10 “Expression by Ordinance: Preemption Awarded annually for the best student Daniel Erik Mullkoff ’10 The Yale Law Journal Lindsay Cotten Nash ’10 and Proxy in Local Legislation” argument in advanced Moot Court Aaron William Scherzer ’10 Thomas I. Emerson Prize Maureen E. Boyle ’11 competition Robert Kenneth Silverman ’10 Burton H. Brody Prize Awarded for a distinguished paper or “Leaving Room for Research: The Historical Colby Townsend Prize Zachary Jones ’11 Awarded for the best paper on project on a subject related to legislation Treatment of the Common Law Research Awarded for the best paper by a second-year constitutional privacy Jesse Cross ’11 Exemption in Congress and the Courts, C. LaRue Munson Prize student Benjamin N. Cardozo Prize Michael Seringhaus ’10 “Egocentrism and Effortful and Its Relationship to Biotech Law Awarded for excellence in the investigation, Sophia M. Brill ’11 Awarded for the best brief submitted by “The Problem Child: Forensic DNA Perspective Taking” and Policy” preparation, and (where permitted under the “A New National Security Court? The a student in Moot Court Databases, Familial Search, and A Call for William Perdue ’11 Legal Internship Rule) presentation of civil, Case for a Provisional Approach to the William Perdue ’11 criminal, or administrative law cases, under a Guantanamo Habeas Suits” Reform” “Administering Crisis: Quintin Johnstone Prize in Real Alexander Schwab ’11 Law School clinical program The Bureaucratic Management Property Law Connie Kay Chan ’10 Nathan Burkan Memorial Corporation of the Capital Purchase Program” Established by the CATIC Foundation William K.S. Wang Prize Potter Stewart Prize Sabria Alexandra McElroy ’10 Awarded to recognize superior performance in Prize Connor Raso ’10 Awarded to a second- or third-year student Awarded each term to the student team Awarded for the best papers in “Evaluating the Effectiveness of at the Law School who has demonstrated Sara Aronchick Solow ’11 the introductory corporate law course that presents the best overall argument in the field of copyright law Constraints on the Rulemaking Process” excellence in the area of real property law William Gaybrick ’12 Moot Court Michael Seringhaus ’10 Maureen E. Boyle ’11 Joseph Parker Prize Christine Ku ’12 fall 2009 Awarded for the best paper on a subject “E-Book Transactions: Amazon ‘Kindles’ Ambrose Gherini Prize “The Failure of America’s First City Plan: Benjamin Johnson ’10 the Copy Ownership Debate” Awarded for the best paper in the field of Why New Haven, the Colonies’ relating to legal history or Roman law Francis Wayland Prize Alexander Schwab ’11 Xiyin Tang ’12 International Law, either public or private First Planned City, Would Have Been Maureen E. Boyle ’11 Awarded to the student showing greatest spring 2010 “That Old Thing, Copyright…Rethinking Daniel Hemel ’12 Better Left Unplanned” “The Failure of America’s First City Plan: proficiency in preparing and presenting a case Tanya Abrams ’11 ‘Progress’ and ‘Originality’ in (and for) the “Regulatory Consolidation and Why New Haven, the Colonies’ First in negotiation, arbitration, and litigation Mark Hatch-Miller ’10 Planned City, Would Have Been Better Jonathan Lee Cochran ’10 Remix Age” Cross-Border Coordination Challenging Florence M. Kelly ’37 Family Law Prize the Conventional Wisdom” Awarded to the student who demonstrates Left Unplanned” Nadia Claire Solway Lambek ’10 Harlan Fiske Stone Prize David Hunter Smith ’10 Chubb Competition Prize Nadia Lambek ’10 exceptional interest or achievement in Awarded for the best oral argument by a Awarded for excellence in legal draftsmanship “Considering the Need for International the area of family law Israel H. Peres Prize Adrienna Wong ’10 student in Moot Court Eric Fish ‘11 Cooperation for Economic Development: Mary Patricia Adkins ’10 Awarded for the best student Note or Comment Benjamin Johnson ’10 Memorandum of Law in Barnwell v. Baird The Role of Economic Development in Therese McCabe Wales ’10 appearing in The Yale Law Journal Judge Ralph K. Winter Prize Katherine A. Chamblee ’12 ICSID Jurisdiction” Jennifer Michelle Keighley ’10 Joseph Pace ’10 Awarded annually to the best student paper yale law journal and Trevor Stutz ’12 “Bankruptcy As Constitutional Property: written in law and economics. Michael Egger Prize Using Statutory Entitlement Theory Catherine Simonsen ’11 Certiorari petition in Weis v. Georgia Margaret Gruter Prize Khosla Memorial Fund for Awarded on recommendation of the Board of to Abrogate State Sovereign Immunity.” “After Leegin: Non-Horizontal Agreements Awarded for the best paper on how ethology, Human Dignity Prize Officers for the best student Note or Comment Published in 119 Yale L.J. 1568 (2010) Are Not §1 Contracts, Combinations, or Edgar M. Cullen Prize biology, and related behavior sciences may Awarded to the student who best demonstrates in The Yale Law Journal on current social Awarded for the best paper by deepen understanding of law an active engagement in advancing Conspiracies” problems a first-year student Dov Fox ’10 the values of human dignity in the Clifford L. Porter Prize Jonathan M. Justl ’10 Matthew Hegreness ’12 “The Second Generation of ” international arena Awarded for outstanding student performance Note, “Disastrously Misunderstood: “The Organic Law Theory of the Michael Seringhaus ’10 Caroline Gross ’10 in taxation Judicial Deference in the Japanese- Fourteenth Amendment: “The Problem Child: Karen Kudelko ’10 Rebecca Freeland ‘10 American Cases” How the Northwest Ordinance Shaped Forensic DNA Databases, Familial Search, DeLisa Lay ’10 “To Bear a Reasonable Part: The Use of the Privileges and Immunities and A Call for Reform” Special Assessments in New Haven, 1870- of the United States” 1920”