Northwestern Law Reporter Spring 2013, Volume I, Number 2

THE M AGA ZINE OF N ORT HWES TERN UNIVE RSIT Y SCHOOL OF LAW

VOLUME I NUMBER 2 SPRING 2013

Tax Program Turns 10

An Enduring Collaboration with Ethiopia Northwestern Law Reporter Spring 2013, Volume I, Number 2

Dean and Harold Washington Professor Daniel B. Rodriguez

Associate Dean of Enrollment, Career Strategy, and Marketing Donald L. Rebstock

Associate Dean for Development and Alumni Relations Jaci Thiede

Assistant Dean of Marketing and Communications Kirston Fortune

Director of Alumni Relations Julie Chin

Director of Marketing and Communications Kathleen Gleeson

Senior Designer Mary Kate Radelet

Con tributing Writers Kirston Fortune, Kathleen Gleeson, Jennifer West, Tracy Marks

Contributing Photographers Randy Belice, Andrew Campbell, Teresa Crawford, Evanston Photographic Studios, Tom Maday, Toby Marquez, Bruce Powell, Sally Ryan, Jasmin Shah Photos on pages 8-9 courtesy of the family of Dawn Clark Netsch and from Chicago Tribune © 2013 Chicago Tribune. Photo on page 18 from Chicago Sun-Times, [12/3/2012] © 2013 Sun-Times Media. Photo on page 24 by Jean Lachat. Photo on page 25 from Associated Press (AP Photo/Chicago Sun Times, Brian Jackson). Photo on page 28 from Africa Image Library © Ariadne Van Zandbergen. Photos on page 41 by Angela B. Garbot of Angela Garbot Photography. Photo on page 45 from Chicago Tribune, [7/1/2012] © 2013 Chicago Tribune. Photo on page 47 from Northbrook Star, [3/20/2013] © 2013 Sun-Times Media.

The editors thank the faculty, staff, students, and alumni of Northwestern University School of Law for their cooperation in this publication.

Opinions expressed in the Northwestern Law Reporter do not necessarily reflect the views of Northwestern University School of Law or Northwestern University.

Update Your Address Email [email protected] Web www.law.northwestern.edu/alumni Phone 312.503.7609 US Mail Northwestern University School of Law office of Alumni Relations and Development 375 East Chicago Avenue Chicago, Illinois 60611 Find us online at www.law.northwestern.edu

VOLUME I NUMBER 2 SPRING 2013

8 12 22 27

FEATURES

8 In Memoriam: Dawn Clark Netsch (1926–2013) 28

Members of the community reect on the life and career of an alumna and professor of law emerita who le an indelible mark in politics and law.

DEPARTMENTS 12 Top Bracket

Since its launch just a decade ago, Northwestern Law’s Tax Program 2 From the Dean has become one of the premier programs of its kind. 3 Noteworthy

18 Clinic News 28 Ethiopia and Northwestern Law: An Enduring Collaboration 34 Faculty Focus Faculty News Faculty focus on providing Ethiopian lawyers with clinical legal New Faculty training that can respond to the realities of the nation’s justice system. Faculty Books

40 Alumni Notes Alumni News Alumni Proles Class Notes In Memoriam

56 Closing Remarks FROM THE DEAN

E ARE PLEASED TO PRESENT this issue of the Northwestern Law Reporter, second in our new series. You will see much of what makes Northwestern Law School great, with various reports of the accomplishments of our students, faculty, and alumni. And Wwe here turn the spotlight on a number of our signature initiatives, including our celebrated Tax Program. We also commemorate the legacy of our beloved colleague, Dawn Clark Netsch, whose remarkable career as a teacher, scholar, and government of cial is described in this issue. The focus in this Reporter on new initiatives at the Law School is especially appropriate in light of the spirited debate in the media and the blogosphere about the role of law schools in this “new normal.” Especially conspicuous in the conversation about the state of legal education is the critique of what is described as the traditional model of legal education. The claim is that the old model hangs on tenaciously while the imperatives of contemporary legal practice make conventional ways of doing things irrelevant. As a survey of current Law School projects makes clear, there is little traditional about our programs and priorities. On the contrary, the faculty, students, and alumni of Northwestern Law are ever pushing the envelope, vigorously focused in our work on the future of the legal profession. Student ambition is illustrated, for example, in the work of the groups of law, medicine, engineering, and business students who are developing new inventions and business plans as part of the NUvention course, described on page 5. This cross-campus collaboration reects the deeply interdisciplinary nature of modern legal practice; the entrepreneurial spirit of these students emerges from a law school curriculum that is an incubator for innovation. Indeed, the two leaders of our entrepreneurial law program, Professors Esther Barron and Steve Reed, are presently developing a MOOC—a massive open online course—on law and the entrepreneur. Our esteemed faculty is working within the Law School’s tradition of academic excellence, but pushing against traditions by exploring novel modalities of instruction and new scholarly projects. Northwestern’s faculty is second to none, ercely creative and focused on student learning and well-being. To be sure, many key elements of our comprehensive curriculum are grounded in the great tradition of Northwestern, in its ambition to teach and train rst-rate lawyers. Our law school has never viewed the curriculum as a straightjacket; rather, it is a dynamic structure that centers student attention on the content of the law, the policies underlying the law, and a varied skills training program that creates practice-ready lawyers upon graduation. Traditional legal education? At Northwestern, we are revisiting traditions, exploring new ways of legal training, and thinking constructively about the future. I urge you to look to this issue of the Reporter, and to other communications from the Law School (including my blog, Word on the Streeterville, which can be found at www .law.northwestern.edu/deansblog) for concrete examples of this innovation in action.

Daniel B. Rodriguez Dean and Harold Washington Professor

2 | NORTHWESTERN LAW REPORTER NOTEWORTHY

Law Pioneer Delivers Rosenthal Lectures

Pamela Samuelson, a recognized pioneer in digital copyright law, intellectual property, cyberlaw, and information policy, was the featured speaker at the Julius Rosenthal Foundation Lecture Series last October. Samuelson’s discussion of “Copyright’s Limits” comprised three lectures: “Why Gardens, Perfumes, Recipes, and Algorithms Are Not Copyrightable,” “Why Grants of Exclusive Rights to Authors Should Be Limited,” and “Rethinking Copyright Exceptions and Limitations.” Samuelson, the Richard M. Sherman Distinguished Professor of Law and Information at the University of California, Berkeley, Berkeley Law professor and technology law scholar Pamela Samuelson. has held a joint appointment at Berkeley’s Law School and School of Information since . She also directs the internationally renowned Berkeley Center for Law and Technology. e Julius Rosenthal Foundation Lecture Series was established in in memory of an eminent Chicago attorney. n

Trienens Visiting Scholar Emphasizes Balance

“If you have no passion, you cannot understand the world; if you have only emotion, you cannot deal with the world,” said the Honorable Guido Calabresi, senior judge of the United States Court of Appeals for the Second Circuit in New York City, this year’s Howard J. Trienens Visiting Judicial Scholar. “You must feel deeply what is going on and remove yourself enough to do something about it.” During his two-day visit in April, Calabresi taught two constitutional law classes, met with students and faculty, and participated in a discussion moderated by Dean Daniel Rodriguez and Professor Erin Delaney, a former law clerk for Calabresi. In the question-and-answer discussion before students, faculty,

Above: Senior Judge Guido Calabresi meets sta , and alumni in Lincoln Hall, Calabresi discussed his legal with students during his visit as Howard perspective as a senior judge and academic. He shared stories of J. Trienens Visiting Judicial Scholar. Right: Judge Calabresi with Professor Erin Delaney. his conrmation hearing and spoke of the importance of judicial diversity in decision making and of his passion for teaching law. Judge Calabresi was appointed to the Second Circuit in by his former student, President Bill Clinton. Calabresi had been dean and Sterling Professor at Yale Law School, where he began teaching in , and is now Sterling Professor Emeritus and professorial lecturer in law. e Howard J. Trienens Visiting Judicial Scholar Program was established in by partners of Sidley Austin LLP to honor Trienens (JD ’ ), a partner at the rm since . A member of the Northwestern University Board of Trustees since , Trienens chaired the board from to . n

SPRING 2013 | 3 NOTEWORTHY

Symposium Examines 100 Years of the Federal Income Tax

Tax practitioners, academics, and students gathered at the Law School for the April symposium, “ Years Under the Income Tax.” Presented by the Northwestern University Law Review and the Tax Program, the symposium marked the th anniversary of the ratication of the th Amendment. Scholars from a broad range of perspectives explored the expectations of those who supported the adoption of the federal income tax and the extent to which these expectations were met by the evolution of the tax in the following century. Panelists also discussed the ways in which the adoption of the income tax a ected the evolution of various legal and administrative institutions. “ e symposium was a rousing success and yet another example of the extraordinary talent and ability of the tax faculty and sta , in their planning of such an iconic event,” said Philip Postlewaite, director of the Tax Program. According to Postlewaite, the idea for the symposium came from Professor Charlotte Crane, who organized the event with Top: George K. Yin, Edwin S. Cohen Distinguished Professor of Law and Taxation the assistance of Law Review students, tax sta , and faculty at the University of Virginia School of Law and former chief of staff of the Joint Committee on Taxation of the United States Congress, delivers the luncheon members David Cameron (JD ’) and Je rey She eld, who also keynote address, “Is the Legislative Process Irreparably Broken?” Above: Bernard participated as panel moderators. n Bluhm (JD ’14) raises a question during a panel discussion.

Vis Moot Team Competes in Vienna

e Northwestern Law Vis Moot teams from countries that took part University Chicago, earning the highest Team traveled to Vienna in March to in the competition this year. average score of the schools partici- compete in the annual Willem C. Vis e Vis Moot Team was Mi pating. Siller was one of four students International Commercial Arbitration Chen (LLM ’), JungEun Nicole Lee who received a Best Speaker Award, and Moot, the world’s largest private inter- (JD ’), Victoria Jiha Lee (JD ’), Kari Victoria Jiha Lee was the rst runner- national law moot court competition. Parks (JD ’), and Margaret Siller up for the award. e Loyola competi- Northwestern’s team was one of (JD ’). Adjunct professor Lawrence tion included teams representing Schaner of Jenner & Block was schools from the Midwest as well as the coach, and Adi Altshuler, Toronto and Zurich. director of international pro- “ e Vis Moot Team is a wonderful grams, was the team advisor. opportunity for our students to gain John Schleppenbach of the experience with international arbitra- Illinois attorney general’s o ce tion,” said Altshuler. “ roughout served as assistant coach. the year, coaches work with students Before traveling to Vienna, to hone their oral advocacy skills the team participated in and prepare them to argue before an pre-moot competitions in international team of judges represent- Belgrade and Budapest. In ing a number of global perspectives. It February the Northwestern is a unique cross-cultural professional

Vis Moot coach Lawrence Schaner and Mi Chen (LLM ’13) at the team won rst place at the Pre- experience for students as well as a Willem C. Vis International Commercial Arbitration Moot in Vienna. Moot Competition at Loyola great networking opportunity.” n

4 | NORTHWESTERN LAW REPORTER Northwestern Team Wins Big at Business Plan Competition

A team of Northwestern University worked closely with the team NuMat Technologies, which student entrepreneurs, which throughout the duration of their included Northwestern Law stu- included two law students, won project. During the ve years the dents Ben Hernandez (JD-MBA ’) more than , in cash and program has been o ered it has and Tabrez Ebrahim (JD-MBA ’), business services and , launched about student corpora- McCormick School of Engineering worth of in-kind awards aer tions and led more than provi- student Chris Wilmer, and placing second overall and rst sional patents relating to a range of Northwestern chemistry professor in the Live Science sector of the medical innovations. Omar Fahra, took rst place in . Rice University Business Plan Another Northwestern team e team founded a materials-based Competition—a graduate-level won rst place in the competition: startup that developed technology competition where students from SiNode Systems, a battery materials to design high-performance materi- Northwestern students around the world pitch their company, commercialized an anode als to store and produce clean fuels Paul Fehrenbacher, Jonathan Gunn (JD ’13), ideas to venture capitalists and for lithium-ion batteries that allows on a large scale. Mayank Vijayvergia, industry experts. the battery to charge more quickly BriteSeed also won more than and Muneeb Bokhari (JD ’12) won second e team, BriteSeed, includes and hold a charge times longer , in cash and business place in the 2013 Rice than current technology. services in the Techweek University Business Northwestern Law students Plan Competition. Muneeb Bokhari (JD ’) and is marks the second year that LAUNCH competition, part of Another Northwestern team, SiNode Systems, Jonathan Gunn (JD ’), McCormick a Northwestern team has won the the Techweek conference held in took rst place in the School of Engineering student top prize in the Rice Competition. Chicago. n competition. Mayank Vijayvergia, and Feinberg School of Medicine student Paul Fehrenbacher. BriteSeed’s business venture, SafeSnips, is a medical device that uses near-infrared technology for intraoperative blood vessel detec- tion, the goal of which is to make surgical cutting safer. e company was formed to develop technologies that improve healthcare outcomes. Esther Barron (JD ’ ), clinical associate professor of law and director of the Bluhm Legal Clinic’s Entrepreneurship Law Center, served as the team’s faculty adviser. BriteSeed was born out of the – Northwestern University NUvention: Medical Innovation program, ranked one of the top entrepreneurial programs in the United States by Inc. magazine. Law School faculty member Clinton Francis, who has facilitated and taught the Medical Innovation program courses for Law School students for the past ve years,

SPRING 2013 | 5 NOTEWORTHY

Kirkland’s Alumni Partners Pledge $5 Million

Kirkland & Ellis partners Je rey Hammes (JD ’), Vicki Hood (JD-MBA ’ ), and Robert Hayward (JD ’ ) demonstrated their commitment to Northwestern Law and to legal education by spearheading a pledge from Kirkland’s senior alumni partners of million, one of the largest single gis in the school’s history. irty-one equity partners at Kirkland & Ellis, in conjunction with the Kirkland & Ellis Foundation, have joined the ve-year pledge. e contributing partners are all Northwestern Law alumni and represent all six of the rm’s US o ces. “As alumni and practitioners, we have a strong personal commitment to Northwestern Law,” said Hood, who serves on the Northwestern Law Board. “ e rm has not made a major gi to Northwestern as a joint e ort in several years, and we thought it was important “As alumni and practitioners, we have a strong to do this for the school.” “ e main purpose of this gi is to give back personal commitment to Northwestern Law.” to an institution that has given so much to us,” —VICKI HOOD said Hammes, chairman of Kirkland & Ellis’s Global Management Executive Committee and a member of the Northwestern Law Board. “We have been fortunate to have achieved some success in the real world, and we certainly attribute a good portion of that success to our time at Northwestern.” e gi will establish the Kirkland & Ellis Scholarship Fund to provide scholarships for students in the JD-MBA program as well as an annual awards program for high- achieving rst- and second-year law students, who will be honored as Kirkland & Ellis Scholars. In addition, the gi will fund a unique educational program called the Kirkland From left: Jeffrey Hammes (JD ’85), Vicki & Ellis Business Law Forum for C-suite executives, members of boards of directors, Hood (JD-MBA ’77), general counsel, business development executives, students, and alumni. Robert Hayward (JD ’97).

6 | NORTHWESTERN LAW REPORTER “I think the gap in legal education position, and set aside funds for the between upper-tier law schools like long-term interests of the Law School,” Northwestern and everyone else said Dean Daniel Rodriguez. Contributors to the will continue to grow, and our “ is gi from Kirkland & Ellis will hope is that this gi gives the dean provide a meaningful boost in our Kirkland & Ellis Gift and the faculty the ability to keep e orts to address what is among my Northwestern a world-class institu- highest priorities as dean: easing the Michael Belsley (JD ’96) tion,” said Hayward. “Also, we hope nancial burdens faced by our law that this gi will enable students students and young alumni, burdens Richard Campbell (JD ’96) to distinguish themselves, especially which can be alleviated by a combi- Edwin S. del Hierro (Visiting ’85) as business-oriented lawyers, and nation of short-term and long-term Neil Eggleston (JD ’78) that’s why a focus of the gi is the measures, including limiting tuition Michael Foradas (JD ’81) JD-MBA program.” increases, reducing student debt, and Meg Gibson (JD ’87) Kirkland & Ellis has been a strong looking closely at the size of our law Chris Greeno (JD ’98) supporter of Northwestern’s JD-MBA school,” Rodriguez said. program over the years. In a letter Kirkland’s continued support has Jeffrey Hammes (JD ’85) of thanks on behalf of the JD-MBA also led to lasting partnerships with David Handler (JD ’92) Student Association, co-chairs students. National Law Journal’s Robert Hayward (JD ’97) Viren Tellis (JD-MBA ’) and Ben recent law school rankings showed Vicki Hood (JD-MBA ’77) Waldin (JD-MBA ’) acknowledged that Northwestern Law was the top Thomas Kuhns (JD ’80) the “enormous value in ensuring feeder school to Kirkland & Ellis for the success- Steven McCormick (JD ’71) ful execution Mark McKane (JD ’97) of innovative “This is of great signi cance because it will give us the Janette McMahan (JD ’98) change” that James Mutchnik (JD ’89) Kirkland & Ellis exibility to pursue initiatives that bene t our students, John O’Neil (JD ’98) has contributed enhance our competitive position, and set aside funds Mark A. Pals (JD ’89) through its long-standing for the long-term interests of the Law School.” Daniel Perlman (JD ’85) relationship —DEAN DANIEL RODRIGUEZ Adam Phillips (JD ’88) with the pro- Jeff Powell (JD ’86) gram: “Kirkland Kelly Ryan (JD ’98) & Ellis’s support in providing speak- the classes of and . A number Anup Sathy (JD ’95) ers, advice, and funding have helped of students from the class of have Mikaal Shoaib (JD ’96) make our events and programming accepted o ers to work at the rm. successful and instilled condence in Approximately current Douglas Smith (JD ’96) the program among school adminis- Kirkland attorneys are Northwestern William Streff (JD ’74) tration and the student body.” Law alumni, and many give to the Edward Swan (JD-MBA ’77) A sizable majority of the gi will school annually. More than years Michael Timmers (JD ’82) also provide for unrestricted support ago, the Kirkland & Ellis Foundation Seth Traxler (JD ’97) of the Law School. and a number of the rm’s part- Corey Watson (JD ’92) “ is is of great signicance ners endowed the Kirkland & Ellis because it will give us the exibility Professorship of Law and established Robert Wilson (JD ’99) to pursue initiatives that benet our the Kirkland & Ellis Research Fund at students, enhance our competitive the school. n

SPRING 2013 | 7 professor of law emerita at A Northwestern who le an indelible mark in politics and law over a long and remarkable career, Dawn Clark Netsch (JD ’) died at her home in Chicago on March , at the age of , from complications related to amyotrophic lateral sclerosis (ALS, also known as Lou Gehrig’s disease). “She was an inuential public servant, an esteemed teacher, a beloved colleague, and a friend and mentor to generations of students,” said Dean Daniel Rodriguez. Netsch joined the Northwestern Law faculty in , becoming its rst female faculty member. She was elected Illinois state comptroller in and again made history in as the rst woman to run for governor on a major-party ticket in Illinois. Elected to the Illinois Constitutional Convention in , she

1965 Became rst female professor at Northwestern Law

Graduated from Northwestern Elected to Illinois State University, BA political science with 1948 Senate; re-elected in 1974, 1972 distinction, Phi Beta Kappa 1978, 1982, 1984, and 1988

Elected to Illinois 1952 1969 Constitutional Convention Graduated from Northwestern University School of Law, JD, 1926 Magna Cum Laude Born in Cincinnati, September 16

8 | NORTHWESTERN LAW REPORTER was an Illinois state senator for years, Dean Rodriguez summed up the loss that known for his design of the Cadet Chapel representing the th and then the th so many are feeling: “Mere words cannot at the US Air Force Academy in Colorado district. Recognized as an expert on consti- su ce in describing the loss Dawn’s passing Springs. ey shared a mutual love of opera tutional law, she co-authored the denitive represents to our Law School community, and the Chicago White Sox. ey were hap- text on state and local government, State the legal academy as a whole, the city of pily married until his death in . and Local Government in a Federal System, Chicago, our state, and our country.” During her more than years on the sixth edition. Born Patricia Dawn Clark in Cincinnati faculty, Netsch taught a number of classes Before winning her political campaign Ohio, on September , , Netsch at the Law School, including a course on for state senate in , she was an architect was an exceptional student from an early state and local government last year. She of Illinois’s current state constitution. She age. She came to Northwestern in , remained active in political and social served as legal adviser to Illinois Governor majored in political science, and gradu- causes until the end of her life, serving on Otto Kerner in the s: no woman ated Phi Beta Kappa in . She went on a number of nonprot boards and con- had held such a post. Most recently, she to Northwestern Law, where she was the tinuing to champion the issues that were served on the board overseeing the Illinois rst woman to earn the Scholar’s Cup for important to her. n Campaign for Political Reform. having the highest grade point average in “She had energy and a verve for life the rst-year class. She was the only woman almost to the very end,” said Robert in her June of graduating class, and she We welcome your remembrances of Dawn Bennett, the Nathaniel L. Nathanson ranked rst of students. Clark Netsch. Visit netsch.law.northwestern Professor of Law and former dean of In she married internationally .edu to leave a comment in the guest book and Northwestern Law. acclaimed architect Walter Netsch, best to learn more about making a memorial gi .

Appointed by Governor Pat Quinn to serve on the 2010 Illinois Campaign Announced in January Finance Reform that she had been 2013 Task Force diagnosed with ALS; died from complications from the disease on March 5 at age 86 Became the rst woman to be nominated by a major political party to run for governor of Illinois; defeated 1994 by Republican incumbent Jim Edgar

Became the rst woman to Inducted Appointed to the city of 1990 hold statewide of ce in Illinois 1995 into the 2011 Chicago’s ethics reform task as the state Chicago force by Mayor Rahm Emanuel comptroller Gay and Lesbian Hall of Fame for her long career of public service and her support of issues of importance to the LGBT community

SPRING 2013 | 9 would be a breath of fresh air in Illinois politics. She was the rst political candidate Faculty Remember Dawn Clark Netsch I ever worked for; I went from door to door canvassing for her and was elated when she won. She was inspiring throughout her awn Netsch was an original. She was, on the public issues about which she cared government service—always a statesperson Dof course, a successful politician, but that was especially impressive. ere was a rather than a politician. she did not let politics stand in the way of range of such subjects, from racial equality Later on, when I came to Northwestern, strong passions and unusual tastes and to ethics in government, but I remember I got to see Dawn in her law professor role. habits. So she never learned to drive a car, many a conversation over the years about Not only was she a great colleague, she was but she was mighty good with a pool cue. merit selection of judges, about which also the high point of any occasion that e unique house in which she lived was the Dawn cared deeply. Her work for merit called for a Northwestern Law tale. Each creation of her architect husband, Walter, selection continued long aer she had le entering class had the opportunity to hear but over time Dawn became thoroughly public o ce, and despite the fact that the her describe—with humor, of course—key devoted to it, and to the art that adorned its battle for merit selection remained (and events in Northwestern Law’s history walls (if that is the right word for the sides remains) a decidedly uphill one in Illinois. from , when she arrived as a student of the passageways that led one to various In more recent years, oen with a liver- (although she didn’t mention it, she gradu- portions of the house). wurst sandwich in tow, Dawn would show ated rst in her class), to recent times. It was Her devotion to the White Sox is well known, but no one mistook that passion for a politician’s attempt to curry favor with “at candid and devoted Dawn Netsch, the ‘original,’ will be sorely constituents. For one thing, she paid little missed by so many and varied people and communities to which she homage to the Cubs, even though Cubs fans were at least as likely as Sox fans to have devoted her seemingly endless store of energy.” —BOB BENNETT a voting say in the public o ces for which she ran. For another, Dawn’s White Sox fandom was anything but lip service. She up for informal lunches that are a regular a highlight that every student remembers. had season tickets and attended many a feature in the Law School’s faculty lounge. And just by being Dawn, she showed every game. Less well known probably is Dawn’s Strongly held views are hardly unusual student a role model of what an attorney passion for liverwurst. And then there was in that setting, but Dawn was oen in the can be. By example, she also showed her the crushing schedule she maintained, not lead, dening the issues and making no faculty colleagues what a law professor can only for political and public events but also bones about where she stood on them. She contribute inside and outside the classroom. for teaching at Northwestern Law School certainly understood disagreement, but My most recent chance to learn from whenever that could be made consistent she seldom soened her views in the way Dawn occurred in , and it again dem- with the legislative and executive posi- one might expect from someone schooled onstrated her zest for using law to improve tions she held in Illinois. In more recent in politics. at candid and devoted Dawn government, as well as why she had earned years that teaching was of State and Local Netsch, the “original,” will be sorely missed a reputation as a “straight shooter.” Dawn Government Law, using the casebook of by so many and varied people and commu- was cohosting a campaign event for Sheila which she was coeditor. And she even found nities to which she devoted her seemingly Simon, who was running for lieutenant time to cochair the school’s strategic plan- endless store of energy. governor. I attended the event and made a ning process aer her unsuccessful run Bob Bennett, Nathaniel L. Nathanson contribution, as much in honor of my col- for governor and the end of her term as Professor of Law and former dean league Dawn as of the candidate. I received state comptroller. my uncashed check back in the mail a week Unlike many a political gure, it was looked up to Dawn Clark Netsch for later, to my chagrin. I called the campaign surely concern about issues in the public I years. My admiration began long before I to nd out what the problem was and sphere that motivated Dawn’s pursuit of joined the Northwestern Law faculty. Dawn learned that the contribution could not be public o ce, rather than the other way was running for the Illinois State Senate accepted because an attorney in my hus- around. Indeed it was her stick-to-itiveness in the early s, and it was clear that she band’s law rm had applied for some state

10 | NORTHWESTERN LAW REPORTER business. e new ethics rules therefore have been a sure conversation stopper. I think that she connected with them prohibited my personal contribution. I told By the time she le my o ce, I was ready so well because they understood that as Dawn what had happened, expecting her to to face the day. No ca eine, just Dawn! di erent as she was from them, she cared share my consternation. Instead, her eyes en there were the frequent shared cab about them. twinkled, and she expressed delight that rides to fundraising luncheons and dinners e other thing that was completely the new ethics rules she had helped to write for the many nonprot organizations with predictable was that it took Dawn at least were actually being followed! which she was involved. During one of minutes to a half hour to leave the dining Shari Diamond, Howard J. Trienens those rides I screwed up my courage and room aer the proceedings had concluded. Professor of Law raised a subject that had been on my mind Dawn did not work the room. e room for quite a while. I suggested that there worked her. One aer another, attendees hen Dawn came home to ought to be a biography of her. Almost came over to have a conversation with her. WNorthwestern Law School two before I got the words out of my mouth, ey were paying homage to an extraor- decades ago, I had the great privilege and Dawn responded in her characteristically dinary person. e rst couple of times it pleasure of being her neighbor. Our o ces blunt manner: “ at’s the dumbest idea I happened, I was caught by surprise. Aer were down the hall and around the bend have ever heard.” that, I realized that I’d better not make any from each other. At rst I was a bit o ended; but then I appointments for quite a while aer any of While some people have a cup of co ee thought to myself that Dawn had spent these events if I wanted to share a cab with when they arrive at their o ce to get them the previous decades hanging out with Dawn back to school. going in the morning, I had my daily dose politicians. If I had really come up with the e last time I saw Dawn—a short visit of Dawn—a far better alternative. Around dumbest idea she had ever heard, that was at her house—I told her how much I missed o’clock each day, the elevator door outside quite an accomplishment! our conversations in my o ce and our my o ce opened and Dawn stuck her head Two things stood out for me about going cab rides back and forth to those fundrais- in my open door to say good morning. at with Dawn to those fundraising events. ers. e last thing she said to me was that greeting lasted anywhere from two minutes Both speak volumes about her. she and I had to keep in touch. I could not to a half hour, with the topics ranging First, at each hotel where an event took have been more honored than to have her from politics, to Law School gossip, to her place, the doorman, the servers, and other say that. beloved White Sox, of course. I was careful sta all knew Dawn and greeted her enthu- Dawn, I miss you every day. never to mention the Cubs. at would siastically. It was absolutely predictable. Len Rubinowitz, professor of law

Hundreds Attend Memorial More than people attended a memorial service in orne Auditorium April in remembrance of the life and service of Dawn Clark Netsch. e friends, family members, and colleagues who spoke and shared anecdotes about Netsch included Northwestern Law professor Len Rubinowitz; Netsch’s former chief of sta , Wendy Cohen; Netsch’s nephew Andrew Kerr; and several of the state’s top dignitaries: US Senator Dick Durbin; Lieutenant Governor Sheila Simon; John Cullerton, State Senate president; and Adlai Stevenson III, former US senator. e service also featured performances by the Merit School of Music and Lyric Opera of Chicago, a video tribute by Chicago Sun-Times columnist Carol Marin, and a broadcast of Netsch’s gubernatorial campaign ad, which showed Netsch executing an impressive trick shot at a billiards table and played on her reputation as a “straight shooter.”

SPRING 2013 | 11

TOP BRACKET

Tax Program Rises to the Top in Just a Decade

Since its launch in 2002, Northwestern Law’s Tax Program has become one of the premier programs of its kind. Tax Program alumni are also sharing in the success. By Jennifer West

SPRING 2013 | 13 his year marks a milestone for Northwestern Law’s Tax Program: in May it celebrated the 10th anniversary of the graduation of its rst class. “What started as an idea that we weren’t sure was going to y is now 10 years in, and thriving, mainly because weT stuck to a solid vision while maintaining exibility,” said founder it also enables students to and program director Philip Postlewaite, Harry R. Horrow Professor approach tax as a way of thinking.” in International Law. From the start, the program has been guided by Postlewaite’s vision of an Northwestern Law has been recognized as one of unrivaled education in tax law—one, he said, that would the premier law schools in the country for the study of be “synonymous with the Northwestern name” and taxation almost from the beginning of the Tax Program, “would maintain the integrity of the Law School” by offer- placing fourth in the tax specialty category in U.S. News ing an intimate community and top-notch faculty. The & World Report since 2005. In 2012, JobsinTax.com current entering class of 40 full-time students allows ranked it among the top three LLM tax programs in the maximum student-faculty interaction. The seven residen- country, based on a survey of 151 hiring authorities in tial faculty members all have extensive research and corporate tax departments. practical experience in their areas of specialization. Offered on both a part-time and a full-time basis, the Each of the seven required courses is taught by a faculty Tax Program awards an LLM degree upon completion member who has published a treatise or a casebook of 24 credit hours of tax courses. By enrolling in the on the subject matter, as are a third of the more than joint degree program, JD students can also earn the 20 elective courses. LLM with only an additional semester of study. The “When we were putting this program together, we had curriculum provides students with a solid foundation a vision of what would make it successful,” Postlewaite in the four principal areas of tax law—taxation of property transactions, corporate taxation, partnership taxation, “The course load is rigorous, but it also enables students and international taxation— along with the opportunity to to approach tax as a way of thinking.” CHARLOTTE CRANE choose from a variety of elective courses. The goal is to teach students to understand and deal with the types of complex, real-world transac- said. Given a year to organize the program, he set about tions that arise in today’s rapidly changing business recruiting students, building a solid, well-rounded cur- environment. riculum, and recruiting faculty who could rival those of “I equate what students learn here to swimming,” more-established programs. said Charlotte Crane, professor of law. “We are a full- Postlewaite and Crane were members of the faculty immersion program where students learn not only all of when the program began in 2002. David Cameron (JD the strokes but also what is equivalent to water ballet, ’86) was one of the rst new members of the tax faculty which is an art form. The course load is rigorous, but to be hired. He had taken classes with Postlewaite and

14 | NORTHWESTERN LAW REPORTER Full-time Tax Program faculty, from left: Thomas J. Brennan, Philip Postlewaite, Jeffrey Shef eld, Herbert Beller (JD ’67), Charlotte Crane, David Cameron (JD ’86), Robert R. Wootton

Crane as a student and collaborated with Postlewaite on a senior research project. The two remained in touch as Cameron went on to practice at a rm for a few years and then to begin his academic career. “When Philip approached me about this new program, I knew that it was something that I wanted to be involved with,” said Cameron, now associate director of the program and a senior lecturer. “A tax LLM program that would satisfy the international and property tax, combined with a variety demands and expectations was a huge challenge, but of elective courses, including taxation of spinoffs and Philip had a tremendous energy and vision that I was international transactions, provided me with the perfect sure would really propel the program.” platform for my postgraduate work. It was an amazing Angie Hubbell (LLM Tax ’03) was a member of the feeling to step into the world of taxation of mergers and rst class. She had been practicing law in Nashville acquisitions with con dence.” at a labor and employment boutique and wanted a Mehta now works as a senior associate for Ernst & broader tax background. “It was exciting to be a part of Young in New York, where his rst transaction, inciden- an inaugural program; there was so much contagious tally, was a cross-border acquisition involving both US enthusiasm,” said Hubbell, now a partner at Quarles & and Indian tax issues. He has since assisted both private Brady’s Chicago of ce. “As an employee bene ts and equity and corporate clients on a number of domestic executive compensation lawyer, I’ve found that the Tax and cross-border transactions from a tax perspective. Program was really helpful in giving me a broader ground- Sharma is an associate with the corporate and securi- ing in tax fundamentals. It gave me a nice foundation ties practice group of Pepper Hamilton LLP in New York. and a deeper understanding that I apply in business The program has grown in stages over its rst decade. transactions with respect to incentive equity grants.” The student-to-faculty ratio was kept low from the begin- Hubbell, who as a student worked with Crane to ning to build strong one-on-one relationships. In the publish an article, also cites the individualized attention rst year 25 students enrolled, but over the next three from faculty members as helpful: “The professors took years that number grew to 33; in the last four years a great interest in my education and career.” the entering class has been 40 full-time students. The Northwestern’s stellar reputation prompted both Aditya other top LLM tax programs have a much larger class Mehta (LLM/K ’09, LLM Tax ’10) and his wife, Soumya size, ranging from 90 to 150 students. Sharma (LLM Tax ’10), to apply to the Tax Program. Prior The tax faculty also expanded over the decade, rst to enrolling in the program, he practiced law for two through the addition of Bob Wootton as a senior lecturer. years at a large Indian corporate rm, AZB & Partners, Wootton had been a partner at Sidley Austin Brown & with the goal of studying US corporate and tax law to Wood in Chicago and was tax legislative counsel with enhance his understanding of cross-border transactions. the US Treasury Department from 1989 to 1991. Sub- “To build a solid foundation in US tax law and to sequently, Herbert Beller (JD ’67) and Jeffrey Shef eld develop my skills as a transaction tax professional joined the tax faculty, also as senior lecturers. At the is why I chose Northwestern’s Tax Program,” he said. time, Beller was a partner at Sutherland Ashbill & Bren- “Each class I took built on the one before, and manda- nan in Washington, DC, and had served as chair of the tory courses in the areas of corporate, partnership, tax section of the American Bar Association. Shef eld

SPRING 2013 | 15 Left: Charlotte Crane Right: David Cameron (JD ’86)

The Tax Program has also steadily expanded its curriculum. Currently, 24 adjunct instructors from a number of the major law and accounting rms in Chicago teach a panoply of more than 20 elective courses. These courses include Income Taxation of Trusts and Estates; International Estate Planning; Tax Procedure; and Tax Audits, Appeals, and Litigation; Transfer Pricing; and Advanced International Corpo- rate Tax Transactions. Through the selection of elective courses, students can further broaden continues to practice as a senior partner at Kirkland & their exposure to tax topics beyond those covered in the Ellis in Chicago. required courses or deepen their understanding of, and Tom Brennan also joined the tenured faculty and develop an expertise in, a particular substantive area. teaches as part of the Tax Program. Brennan practiced According to Cameron, the competitive edge of North- as a tax associate with Cravath, Swaine & Moore and western’s program lies in “the complexity and range of was a strategist with Goldman, Sachs & Co. in New York. material offered” and gives students “a serious advan- Current student Esther King (JD-LLM Tax ’13) believes tage in the postgraduate working world.” Job placement that the diversity and experience of the faculty make for rates of graduates have steadily increased. The Law a well-rounded experience for students. “Each professor School’s Center for Career Strategy reports that 85 has his or her own approach, but they are all passionate percent of the 2011 LLM Tax graduating class secured and have a layered knowledge of the material they are employment within nine months of graduation with law teaching,” said King, who plans to practice real estate rms, accounting rms, the public service sector, judicial law at Kirkland & Ellis in Chicago. clerkships, or businesses.

PHILIP F. POSTLEWAITE DAVID L. CAMERON HERBERT N. BELLER PROGRAM DIRECTOR AND HARRY R. HORROW ASSOCIATE DIRECTOR AND SENIOR LECTURER PROFESSOR IN INTERNATIONAL LAW SENIOR LECTURER BA, JD, Northwestern University BBA, Texas Christian University; BS, Massachusetts Institute of Technology; JD, University of California, Berkeley; JD, Northwestern University Selected Publications LLM, New York University y “New Penalty Regime: Proceed with Selected Publications Caution,” Tax Executive Selected Publications FULL-TIME y Federal Income Taxation of Intellectual y “After the Spin: Preserving Tax-Free y United States International Taxation Properties and Intangible Assets (with Treatment under Section 355,” Tax Notes (with Allison Christians and Philip F. Postlewaite and Thomas Kittle- TAX PROGRAM Samuel A. Donaldson), LexisNexis Kamp), Warren, Gorham & Lamont y “‘D’ Reorganizations and Dropdowns: An Uneasy Match,” Journal of Corporate Tax y International Taxation: Corporate and y Federal Taxation of Property Transactions Individual (with Stephanie Hoffer), (with Elliott Manning), LexisNexis y “Revenue Procedure 96-30: Business FACULTY Carolina Academic Press Purpose Roadmap for Section 355 y “PPL Corp: Where’s the Treaty Argument,” Transactions,” Tax Lawyer y Partnership Taxation Problems and Tax Notes Answers (with Robert Wootton), y “LRAPs: How Flexible Is the Language of Warren, Gorham, & Lamont Section 108(f)?,” Tax Notes y Partnership Taxation: Cases, Materials, and Problems (with Robert Wootton), Warren, Gorham & Lamont

16 | NORTHWESTERN LAW REPORTER “Career services are an important element of the Building on a strong foundation, Postlewaite and Cam- program that a lot of schools are missing the boat eron want to further enhance the program’s reputation on,” said Kristen Nygren (LLM Tax ’08), senior attorney among academics and law professionals. Major goals in the Of ce of the IRS Chief Counsel at the Depart- include an expansion of the faculty, an improvement in ment of the Treasury. “I was interviewing all the time the credentials of the full-time class, and a rise in the because the Career Center rankings, said Postlewaite. was on top of us. It made for Other goals are to continue an incredibly hectic spring to increase curricular and semester, but that’s what extracurricular opportuni- the point was—you want a “We want to continue ties for students, to create job. I felt great when I was to give students the short-term teaching posi- applying [for jobs] because tions for tax professionals I realized that I understood tools they need to and foreign academics, tax on a more instinctual and to offer more tax sym- level, which improved my weigh in, share opinions, posia and colloquia, added scope and marketability.” Cameron. With the help of the and be a part of the “I’m certain that this Career Center and a Law program will have longev- School connection, Nygren ever-changing tax law ity because of the level was hired by the IRS—her of care and commitment goal when she enrolled conversation.” DAVID CAMERON to provide students with at Northwestern—by the a worthwhile, solid educa- end of that spring semes- tion,” Postlewaite said. ter. She continues to be “We want to continue to involved in alumni activities and events at the school, give students the tools they need to weigh in, share as do other Tax Program alumni. “All of our alumni are opinions, and be a part of the ever-changing tax law closely connected; they have a commitment to the Law conversation,” Cameron added. “They should be able School and the Tax Program, which says something to promote effective change with clients, in scholarship, about us,” said Postlewaite. and on the international and national stage.” n

THOMAS J. BRENNAN CHARLOTTE CRANE JEFFREY SHEFFIELD ROBERT R. WOOTTON PROFESSOR OF LAW AND PROFESSOR PROFESSOR OF LAW SENIOR LECTURER SENIOR LECTURER OF FINANCE, J. L. KELLOGG SCHOOL OF MANAGEMENT (COURTESY) AB, Radcliffe College–Harvard University; BA, University of Chicago; BPhil, Oxford University; JD, University of Michigan JD, Harvard University BA, JD, Yale University AB, Princeton University; AM in mathematics, JD, PhD in mathematics, Selected Publications Selected Publications Selected Publications Harvard University y “Matching and the Income Tax Base: The y “Corporate Transactions and the Economic y Partnership Taxation: Cases, Materials, Special Case of Tax-Exempt Income,” Substance Doctrine,” Taxes—The Tax and Problems (with Philip F. Postlewaite), Selected Publications American Journal of Tax Policy Magazine Warren, Gorham & Lamont y “The Origin of Behavior” (with Andrew W. y “More on Accounting for the Assumption y “Monetization Strategies in Corporate y “Taxation of the Seller in a Multi-Year Sale Lo), Quarterly Journal of Finance of Contingent Liability on the Sale of a Spin-Offs,” Taxes—The Tax Magazine or Exchange: Whither Mrs. Logan’s Ghost?,” y “Impossible Frontiers” (with Andrew W. Lo), Business,” Florida Law Review 55th annual University of Chicago Law y Organizing the Corporate Venture (with Management Science School Federal Tax Conference y “Pennington v. Coxe: A Glimpse at the Christian Kimball), Little Brown & Co. y “What Happens after a Holiday?: Long- Federal Government at the End of the y “Mrs. Logan’s Ghost: The Open Transaction y “Federal Income Tax Considerations Term Effects of the Repatriation Provision Federalist Era,” Virginia Tax Review Doctrine Today,” 46th annual University Affecting Start-Up Businesses” (with Jack of the AJCA,” Northwestern Journal of Law of Chicago Law School Federal Tax y “Toward a Theory of the Corporate S. Levin), Start-Up & Emerging Companies: & Social Policy Conference Tax Base: The Effect of a Corporate Planning, Financing & Operating the y “Do Labyrinthine Legal Limits on Leverage Distribution of Encumbered Property to Successful Business Lessen the Likelihood of Losses?” (with Shareholders,” Tax Law Review Andrew W. Lo), Texas Law Review

SPRING 2013 | 17 CLINIC NEWS

CWCY Secures New Trial for Mentally Disabled Teen

A mentally challenged young man Aer losing in the state courts, sentenced to years in prison for Drizin led a petition for a writ murder has been granted a new of habeas corpus in federal court trial aer the Center on Wrongful in . In , the federal court Convictions of Youth advocated on granted Newman an evidentiary his behalf. Legal work conducted by hearing. Drizin then expanded the Bluhm Legal Clinic assistant director team to include Malorie Medellin Steven Drizin (JD ’), CWCY sta (JD ’), CWCY sta attorneys Joshua Members of David Koschman’s family and legal team address the media (from attorneys, and students prompted Tepfer and Laura Nirider (JD ’), and left): Koschman’s aunt Sue Pazderski; MacArthur Justice Center director Locke Bowman; Flint Taylor of the People’s Law Of ce; Koschman’s mother, Nanci; a federal court to nd that Melvin Bluhm Legal Clinic director omas F. and Alexa Van Brunt, MJC staff attorney and assistant clinical professor. Newman had been denied his consti- Geraghty (JD ’ ). In November , tutional right to e ective assistance the federal court granted Newman’s MacArthur Justice Center Seeks of counsel because his private attor- habeas petition, ordering that he Answers in Unsolved Homicide ney failed to argue that Newman was either be retried or released within incompetent to stand trial. Newman days. In so ordering, the federal court e Roderick and Solange MacArthur Justice Center is currently free on bond while he relied heavily on Brown v. Sternes, a prevailed in an unusual petition for appointment of awaits retrial. Seventh Circuit case in which a special prosecutor, obtaining the disqualication of In , at the age of , Newman Geraghty and his students obtained the Cook County State’s Attorney from any further was convicted of murder in a July habeas relief for their client based on role in the high prole investigation of the shooting on Chicago’s South his attorney’s failure to investigate the homicide of David Koschman. e petition contended Side. Drizin and students Bradley extent of his mental illness. Cook County authorities derailed the original inves- Hall (JD ’), Emily Sweitzer (JD ’), “ e judge’s opinion granting tigation because the perpetrator had family ties to Michael Karber (JD ’), and Heather Melvin a writ of habeas corpus is a former Chicago Mayor Richard M. Daley. Schuman (JD ’) began working on stunning opinion that speaks volumes During an altercation outside a Chicago bar in the case in fall , gathering evi- about the duty of lawyers who repre- April , Richard J. Vanecko, nephew of then-mayor dence to prove that Newman’s trial sent youthful and mentally retarded Daley, punched Koschman, , causing Koschman counsel was ine ective. e team’s clients to investigate their clients’ to fall and hit his head on the pavement. His death investigation found that Newman’s competency before proceeding to trial, days later was ruled an unsolved homicide. original lawyer, a high-volume especially when those lawyers are MacArthur Justice Center attorneys contended in criminal defense attorney, failed presented with documentary evidence the petition that the failure to charge Vanecko in the to notice Newman’s severe mental that raises questions about the client’s original investigation was the result of misconduct deciencies—despite being handed mental limitations,” said Drizin. by prosecutors and police o cers, necessitating an a stack of educational and psycho- “ is case speaks to the funda- independent re-investigation of the homicide. Judge logical records documenting his mental right to an e ective attorney Michael J. Toomin agreed that a Special Prosecutor disabilities. ose records indicated that we are all guaranteed,” added should re-examine the facts, appointing Chicago that he was mentally disabled, had an Nirider, now CWCY project co- attorney Dan Webb. In December Webb charged IQ of and severe decits in adap- director. “Unfortunately, the most Vanecko with one count of involuntary manslaughter tive behaviors, and could not read or vulnerable among us are oen in Koschman’s death. write despite years of special educa- denied that sacred promise. We are “ is really speaks to the possible role of power tion services. Case les also revealed so glad Melvin will nally be able to and prestige derailing justice, and the work that the glaring weaknesses in the State’s case combat the charges against him with MacAuthur Justice Center did prevented that from against Newman—no weapon, no the benet of an e ective attorney holding sway,” Center director, Locke Bowman said. apparent motive, and no confession. who understands his disabilities.” Webb’s ongoing investigation aims to determine if Several of the eyewitnesses were teen- Before Melvin’s new trial can begin, there was criminal misconduct in the handling of the agers who recanted their testimony Nirider will defend the habeas victory original case by Cook County authorities. n on the stand, and one has since died. before the Seventh Circuit this May. n

18 | NORTHWESTERN LAW REPORTER Two Bartlit Center Teams Win

Two teams representing Northwestern Law’s Bartlit Center for Trial e team in the ABA Midwest Labor and Employment Law Trial Advocacy won competitions in November . Advocacy Competition went undefeated in four trials, ousting teams e team of Allison Freedman (JD ’), John Mack (JD ’), Joy from other schools. It was coached by Michael Leonard of Meckler McClellan (JD ’), and Kevin Jakopchek (JD ’) went undefeated Bulger Tilson Marick & Pearson, Tim Hoppe of McGuire Woods, in seven trials at the Bu alo-Niagara Mock Trial Competition, nishing rst among participating law schools. In addition, Mack was voted best advocate out of competitors. e team of Andrew Gilbert (JD ’), Ari Kasper (JD ’), Jorge Gamboa (Visiting ’), and Alexandra Brodman (JD ’) took rst place in the Midwest regional championship of the ABA Section of Labor and Employment Law’s Trial Advocacy Competition. It was the Left: Buffalo-Niagara Mock Trial Competition winners (from left): Allison Freedman (JD ’14), Joy McClellan (JD ’14), coach Rick Levin, Kevin Jakopchek (JD ’14), and John Mack (JD ’14). Right: Bartlit team members (clockwise from top left) Ari Kasper (JD ’14), fourth time that Northwestern Law won Andrew Gilbert (JD ’13), coach Michael Leonard, Jorge Gamboa (Visiting ’13), and Alexandra Brodman (JD ’13) took rst place in the Midwest competition. the Midwest regional championship of the ABA Section of Labor and Employment Law’s Trial Advocacy Competition. In the Bu alo-Niagara competition, the team defeated Florida State, Louisiana State, and Campbell in Marko Duric of Bates Carey Nicolaides, and solo practitioner the three preliminary rounds and Texas, Duquesne, Georgia, and Robert Robertson. Northwestern also elded a second team in the St. John’s in the single-elimination playo s. Rick Levin and Adam regional championship: Lauren Caisman (JD ’), Mark Eberhard Riback of the Levin Riback Law Group were team coaches. e (JD ’), Danny Nordstrom (JD ’), and Majdi Sweis (JD ’). annual mock trial competition draws teams from more than Bartlit Center Trial Teams are supervised by Steven Lubet, Edna B. law schools across the country to try both sides of a criminal case and Ednyfed H. Williams Memorial Professor of Law and director before experienced judges and trial attorneys. of the Bluhm Legal Clinic’s Bartlit Center for Trial Advocacy. n

Transactional Lawyering Team Take Top Honors at Regional Meet

Northwestern Law teams placed rst and Entrepreneurship Law Center, was the coach. second at last February’s Midwestern Cameron, Coss, Coulson, and Kerr Regional Meet of the National advanced to the national nals at Drexel Transactional LawMeet. University in Philadelphia in March, where Fourteen teams were in the competi- they tied for fourth place in their bracket and tion, which took place at Northwestern placed rst in the written portion of the this year. Rossely Amarante (JD ’), Felipe competition for their side of the argument Arboleda (LLM/K ’), Rob Cameron based on their dra agreements and mark-ups. (JD ’), Justin Clune (JD ’), James Coss e National Transactional LawMeet (JD ’), Adam Coulson (JD ’), Shanique is the premier competition for students Kerr (JD ’), and Angela Oh (JD ’) repre- interested in transactional law. More than Northwestern Law’s Transactional Lawyering Team (from left): Adam Coulson (JD ’14), Angela Oh (JD ’13), Rob Cameron sented Northwestern Law. Esther Barron schools participated in regional rounds (JD ’15), Shanique Kerr (JD ’13), Justin Clune (JD ’15), Rossely Amarante (JD ’14), and Felipe Arboleda (LLM/K ’13). (JD ’ ), clinical associate professor of law throughout the country, and twelve teams Not pictured: James Coss (JD ’13). and director of the Bluhm Legal Clinic’s advanced to the National Meet. n

SPRING 2013 | 19 CLINIC NEWS

Youth Matters From left: CFJC student Julie Lee (JD ’13), client L. R., student Brendan Mooney (JD ’14), Children and Family Justice Center Receives 2013 and Center director Julie Biehl (JD ’86) exit Cook County Juvenile Court after winning L. R.’s case. MacArthur Award for Creative and Effective Institutions

It is for cases like Jamaal H.’s that the Children and Family Justice Center received a MacArthur Award for Creative and E ective Institutions. Fourteen-year-old Jamaal was wrongly held accountable for another boy’s actions. Despite convincing evidence of police misconduct, as well as the fact that he had never been in trouble before, the State sought to transfer his case from juvenile to adult court, where a sentence of up to years was possible. CFJC attorney and clinical assistant professor Carolyn Frazier (JD ’), Bluhm Legal Clinic director omas F. Geraghty (JD ’ ), and a team of law students and attorneys from DLA Piper conducted an extensive investigation into the facts of the case and the way “Even to this day, nine years later, they are still in my corner.” the police handled it. ey persuaded a judge to keep the case in juvenile court, succeeded in —CFJC CLIENT keeping Jamaal out of prison, and supported him throughout his probation as he graduated high school and got his rst job. Now the CFJC is working to get Jamaal’s juvenile record expunged so that he can truly get a fresh start as an adult. “Even to this day, nine years later,” Jamaal said, “they are still in my corner.” Since the CFJC has fought for and stood with children like Jamaal—children in conict with the law. e Center works to protect the rights of children and to x the ways

20 | NORTHWESTERN LAW REPORTER “Center faculty, through their tireless representation and advocacy, have changed juvenile justice in Illinois.”

—DEAN RODRIGUEZ

in which the systems controlling their lives too oen informs and empowers young people and fail them. In addition to direct representation, it trains their families through its Know Your Rights law students in hands-on, real-world lawyering and publication and trainings. advocates for reform of the juvenile justice system. e MacArthur Award for Creative and In February the John D. and Catherine T. MacArthur E ective Institutions was established in Foundation recognized the Center’s e orts with a to help ensure the long-term sustain- , MacArthur Award for Creative and E ective ability of organizations that have been Institutions. e ective at providing new approaches to “ is award,” said Center director Julie Biehl (JD ’), persistent problems. CFJC members, front row, “will allow us to expand our advocacy on issues ranging “From New York to New Delhi, these from left: Adolfo Gomez, from extreme sentencing of youth to tness to stand extraordinary organizations are making Bernardine Dohrn, Stephanie Kollmann (JD trial to the urgent need to assist incarcerated young a real di erence in the lives of people and ’10), Marjorie Moss, Julie people transition back into the community.” communities,” said MacArthur president Biehl (JD ’86), Shobha Mahadev (JD ’99), and e CFJC was one of only organizations around Robert Gallucci. “MacArthur recognizes Carolyn Frazier (JD ’02). their importance and impact, and we hope Second row: Emmanuel the world honored by the MacArthur Foundation this Andre, Mathilda de year. e award is a recognition of past successes and, our investment will help ensure that they Dios, Hope Rehak, and Alison Flaum. Third row: most important, an investment that will allow the continue to thrive and to increase their Jordan Blumenthal and Center to help more young people. reach in the future.” n —Kirston Fortune Uzomaka Nzelibe. “ is award recognizes the Center’s decades of work to improve the justice system for some of our most vulnerable citizens,” said Dean Daniel Rodriguez. “Center faculty, through their tireless representation and advocacy, have changed juvenile justice in Illinois.” e Center, said Biehl, has a dual role: “On the one hand, we are teachers who are devoted to helping our students develop the skills they will need as lawyers; we teach and mentor the next generation of lawyers and policy advocates. On the other hand, we are advocates on the front lines of the Illinois juvenile justice system who work on cases where access to justice is compromised.” e Center looks for opportunities to help improve the law. In recent years its casework-informed policy initiatives have included e orts to end the juvenile death penalty, raise the age of juvenile court jurisdiction, and address the harsh collateral consequences facing youths with system involvement. One initiative involved the creation of a statewide juvenile defender resource center and a network to provide juvenile defense attorneys with opportunities for leadership, education, training, and mentoring. e Center also

SPRING 2013 | 21 CLINIC NEWS

FACULTY REFLECTION

Malawi Report BY SANDR A BABCOCK

Clinic students Jessica Dwinell (JD-LLM IHR ’), Clare Diegel (JD-LLM IHR ’), and Zahira Flores (JD ’) traveled to Malawi with me in October. We began the week by traveling to a prison in Kasungu, about a two-hour drive north of Lilongwe. Before we arrived, we had made Clare Diegel (JD-LLM IHR ’13) argues a bail motion at the Kasungu prison camp court. arrangements to participate in a “camp court,” in which a lay magistrate travels to a prison to hear bail applications from prisoners who have been held in pretrial they and their families had endured as a result of their detention. detention for longer than the statutory limits. Malawi has embraced (Most were charged with the.) ey cited the Malawi constitution camp courts as a way of dealing with prison overcrowding. Prisons and relevant provisions of the Malawi penal code. It was appar- are hugely overcrowded as a result of the large numbers of prison- ent that no one had ever made bail arguments that humanized the ers awaiting trial. In the camp court model, prisoners don’t need to prisoners by telling their stories. be transported to courts—instead, the prosecutor, magistrate, and e magistrate granted bail to four of the prisoners on the spot. clerk travel to the prison, which is a lot more e cient. Two others were released in subsequent days. Aerward, we sat Normally, the prisoners in camp courts have no legal counsel. together with the magistrate, police prosecutor, and paralegals to In fact, everyone who participates in a camp court is a layperson, get their feedback on the exercise. e magistrate described the including the magistrate and the prosecutor (who is a police o cer). students’ arguments as “too convincing,” “touching,” “very strong.” Indigent prisoners in Malawi have no right to appointed counsel e police prosecutor said that it was di cult for him to oppose bail aer hearing from the students. Everyone agreed that they had learned from the experience, and we le with promises to come back next year. We then waited for all of the prisoners to walk out of prison. When we interviewed them on the rst day, they had been polite but very subdued, and completely shut down emotionally. When they walked out of prison, their faces were totally transformed. ey had Left: The Northwestern Law team poses for a photo along with the police prosecutor, magistrate, and court clerk. huge smiles, and embraced the students Right: Zahira Flores (JD ’14) embraces one of the prisoners as he walks out of prison a free man. before setting o for their villages. It was a really terric experience for all of us. (unless they are charged with homicide). In our case, we obtained As of December , y Malawian prisoners have walked out the permission of the chief magistrate to have Northwestern Law of prison as a direct result of Northwestern students’ advocacy. students present the bail arguments on behalf of each prisoner. Our We also continue to work with a coalition of Malawian NGOs partner organization, the Paralegal Advisory Services Institute, and government agencies to convene resentencing hearings for facilitated all of our meetings and paralegals acted as our interpret- approximately prisoners who were given mandatory death ers when interviewing the prisoners. sentences in violation of the Malawi constitution. We’ve made very On our rst day in the country, the students interviewed seven good progress toward this goal, and are applying for funding to prisoners and prepared their bail applications, rehearsing them late move the project forward. n into the night. e following day, the camp court convened at a.m. It was held in a small room in the prison that serves as a school. One by one, each prisoner was brought in. e students told of their Sandra Babcock is a clinical professor of law and the clinical director lives before they were imprisoned and described the hardships that of the Bluhm Legal Clinic’s Center for International Human Rights.

22 | NORTHWESTERN LAW REPORTER Center for International Human Rights Granted Special UN Consultative Status

e Center for International Human Rights was granted special consultative status with the Economic and Social Council of the United Nations in August . As a result, CIHR faculty and student representatives have the opportunity to participate in events, conferences, and activities of the UN, including the Secretariat, programs, funds and agencies, ECOSOC and its subsidiary bodies, the General Assembly, the Human Rights Council, and other intergovernmental decision-making bodies. Participation may include attendance at UN organization meetings, oral presentations, and written statements. Stephen Sawyer, clinical associate professor of law and CIHR director of curricular projects, spearheaded the application process in close coordination with CIHR director David Sche er and omas F. Geraghty (JD ’ ), director of the Bluhm Legal Clinic and associate dean for clinical education. “Access to the inner workings of the United Nations is Part of the Bluhm Legal Clinic, CIHR o ers a com- particularly signicant for the opportunity it a ords our pro- prehensive range of classroom courses on the norms and fessors and students to contribute to the vital work of the UN,” mechanisms of international human rights, criminal, and Sawyer says. “Direct exposure to the work of the multitude of humanitarian law; provides clinical experiences for students organizations in the UN will open up doors for our students interested in the protection of human rights on a global scale; to expand their knowledge and experience in the eld of and engages in research and other projects regarding emerg- public international law.” ing human rights norms and related issues. n

Access to Health Project: Ethiopia

Northwestern’s Access to Health Project is an interdisciplinary health and human rights project in which students and faculty from the Law School and Feinberg’s Center for Global Health collaborate with a community in the developing world to assess its public health needs and to design an appropriate, sustainable intervention. In 2012 students and faculty traveled to Bonga, Ethiopia, where, together with community members, they implemented a program for emergency obstetrical care that addressed the high rate of infant and maternal mortality in the region. Juliet Sorensen, clinical assistant professor of law in the Center for International Human Rights, is a founder of the Access to Health Project.

SPRING 2013 | 23 CLINIC NEWS

New Project Aims for Innocent Women’s Liberation BY ROB WARDEN

Julie Rea’s -year-old son, Joel, was no doubt that the re had been accidental. Pollock’s immediate release. A conviction stabbed to death shortly before daybreak Tabitha Pollock’s three-year-old daughter, cannot stand on what someone “should on October , , in their home in Jami Sue, was killed in the early morning have known”—proof of actual knowledge is Lawrenceville, Illinois. Rea, a PhD stu- hours of October , , at their home required—and, in Pollock’s case, the court dent at Indiana University, told police an in Kewanee, Illinois. Although there was found nothing suggesting that she knew her intruder had committed the crime, but they no question that the death occurred at the boyfriend endangered her daughter. didn’t believe her. She was convicted and hands of Pollock’s live-in boyfriend, Pollock Nicole Harris’s four-year-old son, Jaquiri, sentenced to years in prison—but was was charged with rst-degree murder and was strangled to death on May , , exonerated nine years later, thanks to new aggravated battery on the theory that she with an elastic cord from a tted sheet in evidence indicating that in fact an intruder had committed the crime. Kristine Bunch’s three-year-old son, “Women’s cases are different. Startling similarities arise in wrongful Tony, died of carbon monoxide inhalation when re engulfed their trailer home in convictions of women—circumstances rarely seen in men’s cases.” Decatur County, Indiana, on June , . — KAREN DANIEL Within hours investigators jumped to the conclusion that Bunch had set the re— despite the lack of any discernible motive. “should have known” the boyfriend posed the bedroom he and his six-year-old brother She was convicted and sentenced to concur- a danger to her daughter’s life. She was shared in the family’s apartment on the rent prison terms of years for murder convicted by a jury and sentenced to South Side of Chicago. e older brother, and years for arson. Twelve years later years in prison. Seven years later the Illinois who had seen what happened, said the she was exonerated as a result of develop- Supreme Court threw out the conviction death occurred accidentally when Jaquiri ments in arson science that essentially le outright, barring a retrial and ordering was playing Spider-Man. However, aer hours of unrecorded police interrogation, Harris, a recent college graduate, confessed, whereupon the medical examiner, who initially had ruled the death accidental, reclassied it as a homicide. At Harris’s trial the judge barred the older brother’s exculpatory testimony on the grounds that, because he said he believed in Santa Claus and the Tooth Fairy, he was too young to distinguish between truth and ction. Harris’s jury found her guilty, and the judge sentenced her to years in prison. She was freed this year, aer the US Court of Appeals granted her a new trial—holding that the trial judge had wrongly excluded the brother’s “critical exculpatory evidence.” e cases of Rea, Bunch, Pollock, and Harris—clients of the Bluhm Legal Clinic’s

Kristine Bunch is greeted with a hug upon her release from prison in August 2012. (Photo: Jean Lachat)

24 | NORTHWESTERN LAW REPORTER Center on Wrongful Convictions (CWC) at Northwestern University School of Law—spurred Center attorneys Karen Daniel and Judy Royal (JD ’) to launch the nation’s rst inno- Nicole Harris, center, with her cousins following her release from prison in February 2013. cence project devoted (Photo: AP Photo/Chicago Sun Times, Brian Jackson) to identifying and exonerating wrongfully convicted women. for the launch of the Women’s Project in irrelevantly—that she had contemplated What’s the need for a special project for November . aborting her pregnancy years earlier. women? Edmunds was a Wisconsin stay-at-home e prosecutor suggested in his closing “ e simple answer,” said Daniel, “is mom and daycare provider convicted in argument that Rea had committed the that women’s cases are di erent. Startling of violently shaking a six-month-old murder to make more time to pursue a similarities arise in wrongful convictions of girl in her care, resulting in the child’s modeling career. women—circumstances rarely seen in men’s death. She was exonerated in , thanks In addition to representing imprisoned cases. All four women we have represented, to the Wisconsin Innocence Project, which women with strong innocence claims, the for instance, were single mothers. By all marshaled an impressive body of scientic Women’s Project will conduct research accounts, they loved their children. ey evidence that had emerged in the interven- into gender-specic factors involved in had no motives, no psychological issues. ing years supporting her claim of innocence. women’s wrongful convictions. “We think But, instead of being able to grieve for their Based on the new science, the Wisconsin it’s possible that many women respond children, they became secondary victims.” di erently to inter- e result, of course, is devastating. “ e rogation than do only thing worse than having a loved one “It has meant everything to have Northwestern men,” said Daniel. murdered,” Royal said, “is to have a loved A widely used police one murdered and then be wrongfully con- here with me on my side.” manual states that victed of the crime, and that has happened —TABITHA POLLOCK innocent persons in all of the women’s cases in which the generally respond Center on Wrongful Convictions has been self-righteously involved.” As Tabitha Pollock puts it, “I not Appellate Court ruled that there had been a and aggressively to an accusation, but only lost my daughter, I lost custody of my shi in mainstream medical opinion as to Daniel thinks that many innocent women sons as well. It has meant everything to have the causes of the baby’s injuries. might not respond that way. “Certainly Northwestern here with me on my side.” Because the evidence used to convict much of what goes on in criminal law is Daniel and Royal note that innocent women is oen entirely circumstantial— based on what a ‘normal’ person would do women sometimes are convicted of crimes rarely is there DNA, for instance—recti- in a given situation, but these rules don’t that hadn’t even occurred—as illustrated by fying their wrongful convictions can be apply across the board—and may apply Bunch’s convictions for arson and murder complicated. Daniel and Royal also point even less to women.” n in the wake of what in reality was a tragic out that, in what have proved to be wrong- accidental re. Another example is the ful prosecutions of women, prosecutors case of Audrey Edmunds, who, though not have used gender-biased evidence and argu- Rob Warden is co-founder and executive a CWC client, joined Daniel, Royal, and ment. At Rea’s trial, for instance, her former director of the Bluhm Legal Clinic’s Center CWC women clients at Northwestern Law husband was allowed to testify—falsely and on Wrongful Convictions.

SPRING 2013 | 25 CLINIC NEWS

Wilson Honored with Public Service Award

Clinical associate professor Cindy Wilson direct public interest programming at the (JD ’) was one of nine attorneys hon- Law School, and serves as the faculty adviser ored by the Chicago Bar Foundation at its to several student public interest groups. annual Pro Bono and Public Service Awards Before joining the Law School full-time, Luncheon. Wilson received the Foundation’s Wilson had a successful career in private Leonard Jay Schrager Award of practice and as a public interest lawyer Excellence for contributions to public service. focused on civil rights. She is recognized e Chicago Bar Foundation is the charitable throughout the country as an inuen- arm of the Chicago Bar Association. tial leader on public interest internships, In addition to serving as director of the externships, and careers, and she has Bluhm Legal Clinic’s Center for Externships, inspired countless students to incorporate Wilson teaches a judicial and public inter- public interest work into their careers. Cindy Wilson (JD ’86) est practicum and Introduction to Trial e Leonard Jay Schrager Award of Excel- Advocacy Ethics, and she recently began lence was established to recognize exemplary teaching a new class on medical-legal issues attorneys in academia who have made signif- in children’s health. She also counsels stu- icant and lasting contributions to improving dents interested in public interest law, helps access to justice for the less fortunate. n

Virtual Learning: A New Take on Negotiation and Mediation

Paul Chadha (JD ’) is a rm believer in for Accenture. “It’s one thing for me to assignments and helped students prepare the adage that experience is the best teacher. teach students the process, but to say, ‘OK, for each weekend session. e adjunct faculty member with the now go apply what you’ve just learned,’ Chris Hopkins (JD ’) found the negotia- Bluhm Legal Clinic’s Center on Negotiation instantly reinforces the learning experience tion sessions to be a “perfect complement” and Mediation could teach students the for the student.” to in-class learning. “It’s invaluable to basics of transactional law in a traditional In the most recent semester Northwestern actually take everything we have learned classroom setting, but he much prefers they students represented a multinational phar- and apply it to live negotiation sessions in learn through experiencing the actual pro- maceutical corporation trying to reach a deal ways that I could not have imagined in the cess. us, he proposed Northwestern Law’s with a cooperative in a developing country; classroom,” he said. “With this class the participation in a new interactive transac- the cooperative was represented by Stanford possibilities are endless because it simulates tional law class to give students rsthand University law students. Negotiations the interpersonal aspect of working with experience in negotiation and mediation. centered on the corporation’s need for a raw people that you do not know and address- e class, established in spring , is material found in the developing country, for ing a variety of legal issues.” a collaborative e ort with a variety of law a new patented drug, and the cooperative’s According to Lynn Cohn (JD ’ ), director schools including American University, desire for new markets, more employment, of the Center on Mediation and Negotiation, Stanford University and the University and technology advancements. this course is one of several examples of of Virginia. Students use groundbreaking On Saturdays students could be found cutting-edge initiatives o ered by the Center. TelePresence videoconferencing technology in negotiation sessions in a conference “In addition to our core negotiation and to engage in a semester-long transactional room at DLA Piper, which provides state- mediation o erings, we are also teach- problem. of-the art technology that creates the ing emotional intelligence, mindfulness, “Students are getting valuable rsthand illusion of being face to face at one table. In improvisation, and the newest neuroscience experience in negotiating a real business class meetings during the week, Chadha research on how our brains react in conict,” transaction, which I know will serve taught concepts in international business said Cohn. “We want our students to go into them well once they are practicing profes- law and advanced negotiation skills; he their professional lives with a much larger sionals,” said Chadha, corporate counsel also answered questions about the draing tool box than the typical law graduate.” n

26 | NORTHWESTERN LAW REPORTER J.B. Pritzker (JD ’93), the 2013 Distinguished Entrepreneur Award recipient and keynote speaker, addresses students and entrepreneurs in Lincoln Hall at the eighth annual Entrepreneurship Law Center conference.

J.B. Pritzker Delivers Keynote at Annual Entrepreneurship Law Conference

More than leaders from the business and legal communities “ ere were terric panels and lots of lively discussions. attended the eighth annual Entrepreneurship Law Center (ELC) Attendees heard from leading entrepreneurs, venture capitalists, conference held at the Law School in March. Designed to provide and attorneys and also had lots of opportunities for networking,” practical, relevant information about various legal issues that entre- said Esther Barron (JD ’ ), clinical associate professor of law preneurs face, the conference included panel discussions on topics and director of the Entrepreneurship Law Center. “J.B. Pritzker’s such as entity selection, founder agreements, venture and angel keynote address was not only engaging and entertaining, nancing, intellectual property, and employment issues. but incredibly inspiring and le all of us feeling even more J.B. Pritzker (JD ’ ) was presented with the Distinguished passionate about entrepreneurship and the thriving Chicago Entrepreneur Award and served as the keynote speaker for the start-up community.” conference. A leader in the Chicago entrepreneurship com- e student board of the Entrepreneurship Law Center organized munity and the key driver in growing and strengthening the the conference. e ELC, a nonprot, student-based clinical pro- entrepreneurship and technology sectors in the Midwest, Pritzker helped launch the Chicagoland Entrepreneurial Center, the Illinois Venture Capital Association, the Illinois Innovation Accelerator Fund, Excelerate Labs (now TechStars Chicago), Built in Chicago, and (the preeminent shared work- From left: Experts discuss employment law and compensation during a panel presentation on “Building a Team;” students network before ing space in Chicago and a a panel event; J.B. Pritzker (JD ’93) talks to students following his keynote speech. model both nationally and internationally). ese programs and organizations have changed gram a liated with the Bluhm Legal Clinic, has given law students, the landscape of entrepreneurship, provided important opportuni- working under the supervision of attorneys with many years of ties to start-ups, created new jobs, and enriched the experiences of corporate and transactional experience, the opportunity to provide Northwestern Law students who have become active members of legal counsel to hundreds of entrepreneurs and businesses on topics this community. Pritzker also chairs ChicagoNEXT, the mayor’s ranging from entity formation to intellectual property protection to council on technology and innovation. contract draing and licensing. n

SPRING 2013 | 27 ETHIOPIA

28 | NORTHWESTERN LAW REPORTER NORTHWESTERN LAW

An Enduring Collaboration

Working to improve Ethiopia’s legal education system since the 1960s, Northwestern Law faculty focus on providing Ethiopian lawyers with clinical legal training that can respond to the realities of the nation’s justice system.

By Tracy Marks

SPRING 2013 | 29 hile true, the characterization of Ethiopia as a place deeply scarred by generations of war and civil unrest and ravaged by unimaginable poverty does not do the country justice. Ethiopia is also a place where, remarkably, hope thrives; people demonstrate extraordinary resilience and faith and are deeply committed to the betterment of their country. Northwestern Law faculty know this rsthand.

Since the 1960s Northwestern Law has NORTHWESTERN HELPS us to invite Ethiopian law students, faculty, been a trusted partner in improving Ethiopia’s BUILD LEGAL EDUCATION and lawyers to the United States to conduct legal education system. Today Bluhm Legal INFRASTRUCTURE research.” Clinic director Thomas F. Geraghty (JD ’69) Political revolution swept Ethiopia in 1973, Human rights leaders attest that provid- and a team of Northwestern Law faculty and for many years the new regime’s brutality ing legal education is an effective strategy to work to provide legal training to Ethiopian and strong ties to communism made it nearly promote the rule of law in countries build- lawyers, with a focus on making it more impossible for the United States to work ing a system of justice. In 2007 the ABA responsive to the realities of the Ethiopian there. When the Derg regime was over- launched a program to establish sustainable justice system. thrown in the early 1990s, Geraghty sought institutions and societies that foster justice, Geraghty ﬁrst visited the country in a way to return to Ethiopia to continue to promote economic opportunity, and pursue 1969, while a student at Northwestern work to improve the Addis Ababa University respect for human dignity. The ABA’s Rule Law. A few years before then Ethiopia had law program and thus legal begun implementing new law codes based education for a new wave on French and Swiss models. Geraghty of Ethiopian lawyers. He Thomas F. Geraghty (JD ’69) with Mandefrot Belay, then director of ABA ROLI worked as a student assistant to Professor became involved with the Ethiopia, at a November 2012 conference on externships in Addis Ababa. Jack Beckstrom on an assessment of how American Bar Association’s the lower courts were receiving the codes. international programs Geraghty’s resulting article, “People, Practice, and received funding for Attitudes and Problems in the Lower Courts development of a clinical law of Ethiopia,” was published in the Journal program at the Addis Ababa of Ethiopian Law in 1970. University School of Law. “I “As a law student, I was intrigued by the was overjoyed to reconnect operation of the court system—how the cus- with friends from the 1960s tomary laws worked together with the newer and to resume my efforts laws,” recalled Geraghty. “And on a personal to support Ethiopia’s legal level, I formed lasting friendships with my infrastructure,” he says. “In colleagues at the Addis Ababa University addition to my work there, School of Law.” this program also enabled

30 | NORTHWESTERN LAW REPORTER Professors Seife Ayalew (left) and Tsige Alemayehu, both from Addis Ababa University, observe a class in the Bluhm Legal Clinic during a visit in April.

of Law Initiative today works in 40 countries, building: to fill the gap in teaching special- educational objectives of the externship and volunteers have contributed more than ized courses and in developing teaching program and can be better prepared to help $200 million in pro bono legal assistance. materials. “We were using materials devel- meet them. Toward this goal, Geraghty met ABA ROLI recognized that although oped in the 1960s,” he explains. “There was with Ethiopian Supreme Court and federal Ethiopia has many highly qualified judges, an absolute need to update these teaching court judges, law school deans, and others lawyers, and professors, many in the legal materials as well as to develop new ones in and prepared a handbook for law school profession lacked sufficient training. In light of new realities and developments.” externship programs. response, USAID in 2008 provided funding Geraghty visited Ethiopia twice in 2012 for a three-year ABA ROLI project to train to assess its law externship program, which EXCHANGE OF PROFESSORS law students, faculty, lawyers, and judges on requires law students to spend three months In spring 2012, as part of the effort to issues such as the separation of powers and at the end of their five-year programs work- support legal education in Ethiopia, the importance of judicial independence. ing with courts, government agencies, and Northwestern sent Stephen Sawyer, clinical USAID also funded an assessment of legal public service organizations. “The externship associate professor of law, senior counsel for education in Ethiopia. The overall goal was program here is a progressive and important the Center for International Human Rights, to support judicial and legal education reform aspect of legal education, but opportunity and director of curricular projects, and and potentially provide election training. exists to provide student supports and coor- Joshua Kleinfeld, assistant professor of law, to Geraghty’s extensive experience navigat- dination that would make externships more Addis Ababa to teach intensive two- to three- ing Ethiopia’s legal system and his network effective,” said Geraghty. Students are left on week courses to human rights lawyers. of established relationships made him the their own to find externship placements, and “This innovative program offered me an ideal lead consultant to ABA ROLI Ethiopia. many go to the capital, Addis Ababa, where opportunity to guide young people—aspir- “Legal education had dramatically expanded there are more employment opportunities. ing lawyers and lawyers alike—with training since the 1960s when I first visited,” said So, courts and government agencies in Addis so they may become well versed on the rule Geraghty. “Back then, AAU had the only law Ababa are flooded with law students and of law,” said Sawyer. “I was struck by the school in the country. By 2008 there were often are not able to provide relevant experi- incredible dedication of the students. Despite 20 schools, with some 2,500 law students! I ences for them. sparse facilities, equipment, and technology, was asked to conduct an assessment of legal Another challenge is pay. Many students they are steadfast in their commitment to education in Ethiopia for the purpose of cannot afford to live away from home while learning. I feel so proud to know this pro- identifying strengths and challenges. This they pursue their externships, so they must gram was of value to them.” assessment was conducted over a two-year either travel great distances or try to find Kleinfeld, who earned his PhD in period from 2008 to 2010.” work near their hometowns. A key recom- Germany and has worked abroad extensively, Fikremarkos Merso, former dean of Addis mendation of the assessment of the extern- was “fascinated by an opportunity to provide Ababa University School of Law, envisioned ship program is that law schools work more meaningful and impactful public service that the ABA ROLI program would help in closely with receiving agencies so that the and drawn in by Tom Geraghty’s enthusi- two critical areas, both related to capacity agencies are better informed about the asm.” He described students as “astonished

SPRING 2013 | 31 by examples of how the rule of law works said Professor Tiglu.* “Most Ethiopian to train clinical teachers in Addis Ababa, in other countries and by discovering the lawyers, even senior lawyers, have little accompanied by two teaching assistants— fundamentals of self-determination and understanding of this. My visit—observ- Northwestern students who have helped to self-governance.” ing clinical classes, learning about juvenile develop teaching materials. Both Sawyer and Kleinfeld agree that court, and more—helped me to know that Ethiopia is poised for this kind of legal clinical education is a multidisciplinary and SUCCESSES AND PLANS FOR instruction; the surge in law students and law multipurpose education that can develop THE FUTURE schools, combined with a yearning for new the human resources and idealism needed to Northwestern Law Dean Daniel Rodriguez ideas, makes it an ideal place and time for strengthen the legal system… to contribute continues to be supportive of faculty and faculty to become involved. “I doubt there to national development and social change in student work in Ethiopia. is another place in the world where being an a constructive manner.” “Over the course of decades,” said Rodriguez, emissary of the rule of law and democracy What most impressed Professor Tiglu “Northwestern Law faculty and students could be more significant,” said Kleinfeld. during his visit were “student advocacy and have, through programs like the Center for In addition to sending Northwestern Law the service the clinic is providing to the International Human Rights and projects experts to Ethiopia, the Bluhm Legal Clinic needy. I also appreciated the work of the such as the ABA ROLI program in Ethiopia, hosted three Ethiopian law professors in judges and public defenders who are working quietly made a tremendous difference in Chicago last fall: Tshai Wada from Addis toward justice and not only to win.” countries where the rule of law is still emerging.” Ababa University; Professor Fikremarkos; and Professor Tiglu looks forward to more train- Professor Fikremarkos believes his Tiglu Melese Olongo, a young clinician from ing that will enable him to teach his students university has significantly benefited from Haramaya University (near the Ethiopia- and to train staff members. Visits by three “Northwestern’s solid experience, especially in Somalia border). These visits were intended more Ethiopians this spring—funded in part clinical legal education.” to provide Ethiopian colleagues with oppor- by a gift from Northwestern alumni Russ Mandefrot Belay, the former director of tunities to conduct research and strengthen (JD ’61) and Peg (SESP ’61) Matthias—will ABA ROLI in Ethiopia, noted the program’s the relationship between Northwestern and help in planning future training sessions for accomplishments: “We have conducted a law faculty and schools in Ethiopia. Ethiopian clinical teachers. In May, Tom comprehensive assessment of the state of legal “Clinical legal education is necessary to Geraghty, Lynn Cohn (JD ’87), and Diane education in Ethiopia, which has shown criti- bridge the gap between theory and practice,” Geraghty (JD ’72) traveled to Ethiopia cal gaps. We’ve prepared and published six

STUDENT ORGANIZATION COLLECTS LAW BOOKS FOR AFRICA

Inspired by the work of Northwestern Law faculty in Ethiopia, the student organization African Legal Library Project was formed to collect and send law textbooks to Africa. Charlie DeVore (JD ’11), then one of Tom Geraghty’s students, came up with the idea in 2009 after Geraghty mentioned that a law school in Ethiopia had asked him for help with resources—speciﬁcally, legal books. DeVore and classmates Richard Benjamin (JD ’11), Alex Dominguez (JD ’11), Dan McElroy (JD ’11), and Charles Nicholls (JD ’11) set up a book collection effort and raised money to transport a large shipment of used American casebooks and supple- mental materials to Bahir Dar University Law School. “Law being inherently text based, I could not fathom going through law school without the beneﬁt of high-quality written texts,” said DeVore. “There was a clear need for legal texts in Ethiopian law schools and an obvious surplus in In February Dire Dawa University School of Law received a shipment of books collected by the African Legal Library Project. American law schools. This seemed like a logistics problem waiting to be solved.

32 | NORTHWESTERN LAW REPORTER new textbooks in core areas of the national Fiona McKinnon (LLM IHR ’13), a strife have created obstacles to legal training legal curriculum that were distributed and law student working with Geraghty on and higher education. His team is dedi- now are in use by universities across the clinical legal education in Ethiopia, echoed cated to providing support and serving as a country. We organized and sponsored the Mandefrot: “I’ve been visiting Ethiopia since resource, with Ethiopians driving the process. first-ever national arbitration moot competi- 2005, and it’s amazing to see the changes. “Because legal education has expanded so tion between all law schools in the country, But when we look at clinical legal educa- rapidly in Ethiopia, there is a tremendous and, with visiting Northwestern Law professors, tion, the oldest law clinic is just six years old. need for first-rate instruction. Establishing a delivered advanced-level training courses.” Still, the important legal reform happen- ing in Ethiopia is far from finished, and the USAID grant that supported the ABA ROLI I doubt there is another place in the world where program ended in 2012. Implementation of being an emissary of the rule of law and democracy the ABA ROLI plan, according to Mandefrot, “calls for working with universities and law could be more signicant.”JOSHUA KLEINFELD schools to help them revise and develop core course curricula, textbooks, and associated teaching materials for Ethiopian law schools.” There aren’t professors with clinical training, new national law curriculum requires more “Many law schools still do not have suf- and there is a lot of opportunity. With more practical legal education through clinical ficient and experienced faculty, and they lack training, more lawyers would be able to com- courses,” he explained. “Of course, there good library resources, including access to petently provide services to more and more are logistical, financial, time, and comfort online resources,” said Mandefrot. “More people who need them.” constraints to this type of work, but I dearly than 85 percent of faculty members are Geraghty receives countless requests for hope others on our faculty will become young and lack experience and advanced information and training from law schools interested in serving Ethiopian citizens and training. Clinical legal education is still around Ethiopia and is working diligently to promoting the rule of law in this way.” n new, and well-trained clinical staff to teach meaningfully respond. Perhaps better than *Note on names: Ethiopians are customarily courses and prepare and supervise students any law professional outside Ethiopia, Geraghty referred to by first name alone or their honorific are needed.” understands that poverty and years of political title and first name.

Once we saw that it was doable, it only made sense to try to install ALLP established a partnership with Boeing to transport the books the project as an ongoing student organization at the Law School.” from Seattle to Dire Dawa, so the group had to raise funds for only In its first year ALLP set out to collect 2,000 legal textbooks for the domestic shipping. Bahir Dar University Law School, to raise $5,000 to cover the costs One of the law students involved in the effort is Fitsum Tilahun of organizing and shipping the books, and to plan with the school (JD ’12), who was born and raised in Ethiopia. “For me there is to make the texts readily available for students, professors, and local nothing more fulfilling and satisfying than to be able to contribute, practitioners. The group met these goals, collecting textbook con- albeit a little, to help so many students in need,” he said. “I was tributions from the Northwestern Law community and Thomson fortunate enough to have access to great education and resources at Reuters, holding on-campus fundraisers, and garnering support Northwestern Law—a great institution that has enabled me to give from Northwestern professors and students as well as from organi- back to my people in Ethiopia.” zations such as Books for Africa and Ethiopia Reads. There are hopes that ALLP can expand its operations to the In July 2011 the first shipment of 1,500 legal textbooks made whole African continent in the next few years. “The goals get bigger it from Chicago to Bahir Dar. In February of this year a second every year,” said president Andrea Ryken (JD ’14). “We hope to donation of 1,600 law reference books, valued at around $40,000, continue to build on our recent successes to meet our overarching went to Dire Dawa (Ethiopia) University School of Law, which was goal of supporting multiple African law schools in need of legal founded in 2009 and whose 250-some students lacked legal books. materials to shape effective advocates.” n

SPRING 2013 | 33 FACULTY FOCUS

New Website Analyzes Murder in Illinois

abolition of the death penalty in .” represent formal legal charges. Consequently, Bienen expects the site to attract a broad they are a very precise and accurate record range of researchers, including criminolo- of a murder. However, they do not indi- gists, criminal law researchers, historians, cate whether the murder was designated a and economists. It will also be useful to capital murder; such decisions are made by reporters, defendants, and victims’ family county state’s attorneys aer indictment. members who are interested in specic Bienen collected the legal records while murders committed during the period. researching capital punishment and its Information on defendants, for example, cost from to . In the Journal Leigh Bienen can be cross-referenced with data on criminal of Criminal Law and Criminology pub- convictions and incarcerations made available lished her article “Capital Punishment A new website o ers a rare in-depth on the Internet by the Illinois Department of in Illinois in the Aermath of the Ryan statistical look at murder in Illinois in Corrections. In addition, users of the site can Commutations: Reforms, Economic the years before the state abolished the see the nal result of an Illinois murder pros- Realities, and a New Saliency for Issues death penalty in . ecution by researching newspaper reports of Cost.” e cost data—from the Illinois Launched in November , the Illinois about the case, the trial, or the deposition. comptroller and the Capital Litigation Trust Murder Indictments – website— “It’s now very easy to compare this set of Fund—are available on the new website. illinoismurderindictments.law.northwestern murder indictments in Illinois with infor- Bienen is the author of a recent book .edu—includes a searchable database of mation on cases from another state,” Bienen of essays, Murder and Its Consequences: more than , murder indictments across said. Indictments can be compared for a Essays on Capital Punishment in America the state in that period. particular year or by county or city. (Northwestern University Press, September Leigh Bienen, a senior lecturer at “You can search our database by county, ). She has published a number of legal Northwestern Law, collected the data over name of victim, name of defendant, as well articles on capital punishment in Illinois several years as part of her work on the Illinois as the date of murder and the date of indict- and New Jersey, as well as books and Capital Punishment Reform Study Committee. ment,” Bienen said. “A reporter can check articles on murder and capital punish- “New murder databases are relatively rare,” the database to see whether the person was ment nationally and crime generally. She Bienen said. “And this one covers a very indicted and follow up with information is currently working on a book on Illinois important jurisdiction—Illinois—during from the Department of Corrections to see factory inspector and social reformer a period of signicant and very interesting whether there was a sentence.” Florence Kelley (LLB ) and the history legal change, the time leading up to the Indictments, voted on by a grand jury, of Chicago at the end of the th century. n

Dean Rodriguez to Head the Association of American Law Schools

Dean Daniel B. Rodriguez has been appointed to . He chaired the Section on Legislation and president-elect of the Association of American Law of the Political Process, and served on the Law Schools, the nonprot academic society for executive committees of four other sections as law teachers and the nation’s principal representa- well as on standing committees for libraries and tive of legal education to the federal government technology and curriculum issues. He has also and higher education organizations. served on ABA-AALS joint site teams and has Rodriguez will serve a one-year term beginning chaired a special site visit for the AALS. in January . He will succeed Leo P. Martinez, AALS is a voluntary membership organization professor at the University of California, Hastings. of US law schools representing more than Rodriguez has contributed signicantly to the , law faculty. It was founded in for work of the AALS over the years, serving most “the improvement of the legal profession through recently on the executive committee from legal education.” n Daniel B. Rodriguez

34 | NORTHWESTERN LAW REPORTER Scheffer Wins Book of the Year Award

Professor David Sche er, director of the Bluhm Legal Clinic’s Center on International Human Rights, received the Book of the Year Award from the American National Section of L’Association Internationale de Droit Pénal (AIDP) for his book All the Missing Souls: A Personal History of the War Crimes Tribunals. In the book, Sche er, who was US ambassador at large for war crimes issues during the Clinton administration, recounts his eight- year mission to confront the atrocities of the s and build ve war crimes tribunals. e legal and diplomatic challenges he under- took at home and abroad frame this personal story of law, politics, and morality. “All the Missing Souls is a masterful, well-paced read that lls a glaring gap in the literature on international justice,” commented Jens David Scheffer Meierhenrich, a professor at the London School of Economics and Political Science. “I have no doubt that All the Missing Souls will come to rank alongside Telford Taylor’s e Anatomy of the Nuremberg Trials. Sche er is the Taylor of our times.” AIDP, the world’s oldest association of specialists in penal law, focuses on criminal policy and the codication of penal law, comparative criminal law, human rights in the administration of criminal justice, and international criminal law. n

Stilt Named Guggenheim Fellow

Professor Kristen Stilt was named a Guggenheim seeks to understand the growing phenomenon of Fellow by the John Simon Guggenheim Memorial enshrining references to Islam and Islamic law in national Foundation for her work on the role of Islamic law in constitutions. A social history of constitution-making, modern constitutions. the project will span a wide range of countries in the is year’s Fellowships were awarded to a diverse Muslim world. She is the author of Islamic Law in Action: group of scholars and artists from a pool of almost Authority, Discretion, and Everyday Experiences in , applicants from the United States and Canada. Mamluk Egypt (Oxford University Press, ) and coeditor Guggenheim Fellows are appointed on the basis of prior of the forthcoming Oxford Handbook of Islamic Law. n achievement and exceptional promise. Kristen Stilt “Kristen is an exceptional scholar and colleague,” said Dean Daniel Rodriguez. “Her work on constitutional Islam is innovative and timely, with a number of countries around the world in the process of revising and rewriting their constitutions to incorporate Islam and Islamic law. e research this Fellowship supports will illuminate how these constitutional choices are made.” Stilt, who is also an a liated faculty member in the history department in the Weinberg College of Arts and Sciences, studies the historical development and contemporary practices of Islamic law. Using historical and comparative approaches, her Guggenheim project

SPRING 2013 | 35 FACULTY FOCUS

New Faculty a similar program at Northwestern. She is also committed to training law students. She teaches an innovative skills course called Complex Commercial Contracting. e class is set up as a training course for newly hired assistant in-house counsel for a company that manufactures wind turbines for the energy industry. e students learn to read major supply agreements and work in teams to solve contract planning problems. “I love my historical research, and the opportunity to teach law students about the past of the law is one I appreciate having, but I never lose sight of the fact that we are creat- ing lawyers,” she said. “Whether in teaching basic legal reasoning and Emily Kadens at the Library of Congress case analysis to Ls, training upper- level students to read contracts, or Emily Kadens A European legal historian with a particular challenging students to think about the law from PROFESSOR OF LAW interest in custom, the history of bankruptcy, and the perspective of the Roman jurists or the medi- early modern commercial law, Emily Kadens eval English common lawyers, I want to contrib- BA, MA, JD University of Chicago joined the Northwestern faculty in aer ute to my students’ preparation for practice.” MA, PhD Princeton University visiting during the Fall semester. Kadens has received numerous accolades Diplôme Université Catholique “I love teaching, and when I was here last fall I for her scholarship. Her article on the history de Louvain-la-Neuve was very impressed with how serious and mature of judicial education in England, “ e Puzzle the Northwestern students were. My Contracts of Judicial Education: e Case of Chief Justice class was so dedicated, and the sophisticated William de Grey,” won the Sutherland Prize discussions in my legal history course made it fun from the American Society of Legal Historians for me,” Kadens said. for the best paper in English legal history. “ e Before she joined the Northwestern faculty, Pitkin A air: A Study of Fraud in Early English Kadens was the Baker and Botts Professor in Law Bankruptcy,” an article about an early eighteenth- at the University of Texas at Austin. In – century bankruptcy scam, won the Editors’ she spent a year in Washington, DC, visiting Prize from the American Bankruptcy Law Journal. at the Georgetown University Law Center and She is also the recipient of the Richard & researching medieval theories of custom as a Diane Cummins Legal History Research Grant at Kluge Fellow at the Library of Congress. Prior to George Washington University Law School. beginning her teaching career, Kadens clerked for “I’m delighted to be here,” Kadens said. “I have the Honorable Danny J. Boggs of the US Court of terric students and colleagues. As an unex- Appeals for the Sixth Circuit. pected bonus, I have discovered that John Henry Kadens brings more to Northwestern than Wigmore built an extensive collection of rare law her research. At Texas, she created one of the books and manuscripts for the library. He le premier judicial clerkship placement programs in the Law School a wonderful legacy, and I look the country, and she has already begun to build forward to exploring it.” n

36 | NORTHWESTERN LAW REPORTER An Injury Law Constitution Conference

Northwestern Law and the Searle Center on Law, Regulation, and Economic Growth cosponsored a conference in March to discuss An Injury Law Constitution, an Oxford University Press book by Marshall S. Shapo, the Frederic P. Vose Professor of Law at Northwestern. Professor Shapo’s book presents a novel thesis that embraces principal features of the American law of Left: Professor Marshall S. Shapo, Northwestern Law School. Right: Professor Catherine M. Sharkey, NYU School of Law injuries. He argues that the body of law Americans have developed concerning Professor Shapo’s analysis, into which Zins, former deputy special master responsibility for injuries and preven- he weaves the history of these well- of the / Fund, Anita Bernstein of tion of injuries has some of the qualities established systems of law, links them Brooklyn Law School, Robert L. Rabin of a constitution—a fundamental set to the unique compensation plan devised (JD ’) of Stanford Law School, and of principles that govern relations for the victims of the September Catherine M. Sharkey of New York among people, and between people and attacks. e book examines how our University School of Law gathered corporate and governmental institu- injury law reects deeply held views with scholars from across the nation tions. is “injury law constitution” in American society on risk and injury, and Northwestern Law School schol- includes tort law, legislative compensa- indicating how the injury law constitu- ars Robert W. Bennett, Daniel B. tion systems like workers compensation, tion serves as a guide to the question of Rodriguez, Max Schanzenbach, and and the many statutes that regulate the what it means to be an American. James B. Speta to discuss the book and safety of activities and products. Commentators including Jacqueline its implications. n

Northwestern Law, Interdisciplinary Center Herzliya Joint Conference

Faculty from Northwestern Law and the Interdisciplinary Center (IDC) Herzliya in Israel held a series of joint workshops this past academic year. Scholars met in Israel last December, and again in Chicago in April. Pictured at left, Northwestern Law’s Ezra Friedman and Nadav Shoked served as discussants to Alon Klement of the IDC, pictured at right, who discussed his paper “An Economic Analysis of Reliance in Consumer Class Actions” (coauthored with Yuval Procaccia).

SPRING 2013 | 37 FACULTY FOCUS

New Faculty Books

Three Northwestern Law professors recently published university press books. Professor John O. McGinnis advocates for more political use of prediction markets in Accelerating Democracy: Transforming Governance through Technology. In John Brown’s Spy: The Adventurous Life and Tragic Confession of John E. Cook, Professor Steven Lubet reveals the tale of John Brown’s most trusted con dante and partner in crime. Professor Andrew Koppelman offers a hard-hitting point of view on Obamacare and the politics related to its implementation in The Tough Luck Constitution and the Assault on Health Care Reform. The following book description and excerpts provide a preview of these newly released publications.

BOOK EXCERPT Accelerating Democracy: Transforming Governance through Technology BY JOHN O. MCGINNIS Princeton University Press, 2012

“Political prediction markets—markets that allow the public to speculate on election and policy outcomes—have the potential to improve the capacity of democracy to update on the facts in our day, just as the rise of the press improved its capacity in an

John O. McGinnis is the earlier era. ese markets can elicit information George C. Dix Professor about the likely e ects of policies even before they in Constitutional Law. are implemented from those who are most knowl- edgeable about their e ects. Prediction markets temper three of the largest problems of politics. First, they o er a mechanism for overcoming what has been called the “basic public action problem” of collective decision making—the di culty of persuading individual citizens to provide information that is useful to the whole community. is problem goes back to the origins of democracy: “How does Athens know what Athenians know?” Prediction markets give citizens stronger reputational and monetary incentives to inject their private information into the public domain, thus improving social knowledge. Second, the markets help mix expert and dispersed opinion. Expert views inuence prediction markets, but they can be tested by outliers who are willing to put their money where their mouth is. Finally, prediction markets are able to draw together information into a single place and numerical form, economizing on the attention of citizens. is latter capacity is

38 | NORTHWESTERN LAW REPORTER particularly important today, because in an Cook’s life that le the jury in tears, while age of accelerating technology, people are earning Cook a place in history’s tragic pan- likely to be distracted from the business of theon of disgraced turncoats. public life by the more compelling entertainment of private life. BOOK EXCERPT Prediction markets can enrich democratic deliberation only if our legal policy toward The Tough Luck Constitution and the them is changed. Currently, our law inhibits Assault on Health Care Reform their growth. For the future, the government must not only unchain these shackles but also BY ANDRE W M. KOPPELMAN fund experiments to help discover the most Oxford University Press, 2013 promising designs of such markets.” “ e constitutional challenge to the Patient Protection and A ordable Care Act of (the John Brown’s Spy: The Adventurous Life ACA for short) was devised by conservative lawyers who had, for a long time, been eager to and Tragic Confession of John E. Cook have the Court impose limits on Congressional power. ey invented the objections as the BY STEVEN LUBET Andrew Koppelman bill was nearing passage. Republican leaders, is the John Paul Yale University Press, 2012 Stevens Professor of facing a humiliating political defeat, seized Law and Professor of John Brown’s Spy tells the nearly unknown on those arguments as their last hope. ey Political Science at Northwestern University. story of John E. Cook, the person John Brown weren’t much concerned about the details: two trusted most with the details of his plans to weeks aer publication of the rst, under- capture the Harper’s Ferry armory in . developed dra of the constitutional argument, Cook was a poet, a marksman, a boaster, a every Republican Senator voted to endorse it.

Steven Lubet is the dandy, a ghter, and a womanizer—as well as e objection’s central claim was that the Edna B. and Ednyfed a spy. In a life of only thirty years, he studied state can’t make you do things just because you H. Williams Memorial Professor of Law and law in Connecticut, fought border ru ans exist and are in the country; that it may regulate director of the Law in Kansas, served as an abolitionist mole only those who engage in some self-initiated School’s Fred Bartlit Center for Trial Strategy. in Virginia, took white hostages during the action. e action/inaction distinction came Harper’s Ferry raid, and almost escaped to advertised as a great bulwark of liberty. Actually, freedom. For ten days aer the infamous raid, it was a crude bit of political opportunism. No he was the most hunted man in America with a one can live in the world without engaging in self- staggering , bounty on his head. initiated actions all the time. If that’s all it takes Without Cook’s participation Brown might to trigger regulation, then government can push never have been able to launch the insurrec- its citizens around in nearly any way it likes. tion that sparked the Civil War. Had Cook e dissenters were committed, by the logic remained true to the cause, history would have of their position, to a Constitution under remembered him as a hero. But when Cook which some problems could not be solved by was captured and brought to trial, he came anyone—not the states, not the federal govern- under the inuence of Daniel Voorhees—one ment. If you are too poor to buy medical treat- of the most gied defense lawyers of his era, ment or health insurance, tough luck: you can’t and a staunch defender of slavery. Voorhees get something in a market unless you pay for it. convinced Cook to provide the prosecutors ey creatively read into the Constitution the with a “full confession,” betraying John Brown notion that the law’s trivial burden on individ- and implicating prominent abolitionists in uals was intolerable, even when the alternative New York and Boston. In a now forgotten tour was a regime in which millions were needlessly de force, Voorhees made an eloquent plea for denied decent medical care.”

SPRING 2013 | 39 ALUMNI NOTES

Second Northwestern Law Grad Receives Bristow Fellowship

Elana Nightingale Dawson (JD ’) has been named one of ve Bristow Fellows for in the O ce of the Solicitor General at the US Department of Justice. It is the second straight year that a Northwestern Law graduate has been chosen for a Bristow Fellowship. Jonathan Shaub (JD ’) was one of four national Bristow Fellows in . Nightingale Dawson will assume the position this summer. She is currently a clerk for Judge Raymond Kethledge of the United States Court of Appeals for the Sixth Circuit. She has also clerked for Judge Gary Feinerman on the United States District Court for the Northern District of Illinois. “At Northwestern Law I had an incredibly strong and supportive group of professors, mentors, and judges who helped me get to this point,” she said. “Without all Elana Nightingale Dawson (JD ’11) of them this would not have been possible.” During their one-year term Bristow Fellows help authorization of government appeals in lower courts. prepare briefs opposing certiorari led against the A member of Northwestern Law’s rst accelerated government in the US Supreme Court; petitions for JD class, Nightingale Dawson participated in the certiorari and briefs on the merits in Supreme Court Supreme Court Clinic and the Senior Research cases; oral arguments to present in the Supreme Court; Program and was a seminalist in the Arlyn Miner and recommendations to the solicitor general about Moot Court Competition. n

2010 Graduate to Clerk for Scalia

Kevin King (JD ’) will serve as a law clerk to been possible without tremendous support from Associate Justice Antonin Scalia for the the Northwestern Law community, King said, Supreme Court term. noting help with navigating the application pro- Currently an associate at Covington & Burling cess, reviews from faculty, and mock interviews LLP in Washington, DC, King previously clerked with former law clerks and alumni. for Judge A. Raymond Randolph of the US Court “I owe a tremendous debt of gratitude to of Appeals for the District of Columbia Circuit Northwestern Law alumni, faculty, and sta ,” he and for Judge Paul Niemeyer of the US Court of said. “I never expected to go to law school and Appeals for the Fourth Circuit. end up with an opportunity like this. I feel very While a student at Northwestern Law, King fortunate and honored to be able to clerk for was involved in the Student Funded Public Justice Scalia.” Kevin King (JD ’10) Interest Fellowship Program and served on With King’s clerkship, three consecutive the boards of the Northwestern University Northwestern Law classes—, , —have Law Review and the Student Admissions had a graduate land a Supreme Court clerkship. Committee. He mentioned Administrative Law In – a total of Northwestern Law with Professor James Speta and Constitutional students and alumni secured judicial clerkships, Law with Professor Steven Calabresi as two of including in federal courts, one in an interna- the courses he found particularly inspiring. tional supreme court (South Korea), and ve in Securing the Scalia clerkship would not have state courts. n

40 | NORTHWESTERN LAW REPORTER Three Alumni Honored for Public Interest Work

e recipients of the statewide indi- the course Civil Rights vidual Public Interest Law Initiative Awards Litigation as an adjunct had something in common—they were professor and has super- all Northwestern Law graduates. Harvey vised students in judicial Grossman (JD ’ ), Amy Zimmerman externships. (JD ’ ), and Judge Edmond E. Chang Zimmerman, who was (JD ’ ) were honored for their many a PILI intern at the From left: Harvey Grossman (JD ’73) with presenter Sarah Bernstein of Barack Ferrazzano Kirschbaum & Nagelberg, PILI’s board treasurer; Amy contributions to public service at the PILI American Jewish Congress, Zimmerman (JD ’91) receives the PILI Distinguished Intern Award from Awards luncheon last November. has spent her legal career last year’s recipient, Justin Lee Heather (JD ’01); Judge Edmond E. Chang (JD ’94) with presenter Elizabeth Lewis, vice chair of the PILI Alumni PILI presented Grossman with the focusing on children’s Network Leadership Council. Distinguished Public Service Award, health advocacy, pro- Zimmerman with the Distinguished gram and policy analysis, Intern Alumni Award, and Chang with the and community-based partnerships. She justice, reproductive freedom, national Distinguished PILI Fellow Alumni Award. currently directs the Chicago Medical- security, and LGTB rights. He has argued Deere & Company was awarded the Pro Legal Partnership at Health & Disability cases before the US Supreme Court, the US Bono Initiative Award at the event. Advocates, spearheading legal-medical Court of Appeals for the Seventh and Ninth PILI awards acknowledge work epito- partnerships nationwide, legislative initia- Circuits, the Illinois Supreme Court, and mizing the ideals of service, fairness, and tives, and groundbreaking health poli- the Illinois Appellate Court. justice. PILI’s annual luncheon brings cies. Zimmerman also collaborates with Founded in , PILI creates oppor- together nearly members of the Illinois Northwestern Law’s Cindy Wilson in the tunities for law students and lawyers legal community to celebrate the generosity, Health and Poverty Law Legislation class, to provide public interest and pro bono expertise, and commitment of the countless which trains students in understanding work in Illinois, thereby cultivating a lawyers, law students, legal professionals, medical and legal issues involving children lifelong commitment to public interest law rms, and corporations who serve low- and families. law. Northwestern Law has a longstanding income people with legal needs. Grossman has served as the legal direc- relationship with PILI’s Summer Internship Chang is a judge on the US District tor of the American Civil Liberties Union Program, which funds dozens of intern- Court for the Northern District of Illinois. of Illinois for more than years, leading ships at public interest law agencies in Nominated by President Barack Obama, he development and implementation of advo- metropolitan Chicago. Many Northwestern began service in January as the rst cacy strategies for ACLU programs con- Law students have participated in this pro- Asian Pacic American Article III judge in cerning criminal justice, free speech and gram, which is open to rst- and second- Illinois. At Northwestern Law he teaches association, institutionalized persons, racial year law students from across the country. n

Alumnus Elected to European Court of Human Rights

Paul Lemmens (LLM ’ ) began his nine-year term on the at Catholic University of Leuven (KU Leuven) in Belgium, European Court of Human Rights in September . ECHR where he founded and directed the Faculty of Law’s Leuven judges are elected by the Parliamentary Assembly of the Council Institute for Human Rights. of Europe from lists of candidates nominated by each state. Lemmens served as a visiting professor at Northwestern He was elected in respect of Belgium by an absolute majority. Law in . He was also a copanelist with Center on e court rules on complaints from individuals or states International Human Rights faculty members David Sche er alleging violations of the civil and political rights set out in and Stephen Sawyer in several Transatlantic Dialogue confer- the European Convention on Human Rights. It was estab- ences presented jointly by Northwestern Law and KU Leuven lished in and is located in Strasbourg, France. from to . e conferences brought together policy Lemmens previously served as a judge at the Belgian makers and experts from both sides of the Atlantic to explore Council of State. He also taught international human rights views on public international law issues. n

SPRING 2013 | 41 ALUMNI NOTES

Alumni Weekend October 12–13, 2012

Nearly alumni and guests returned to the Law School for Alumni Community Day and Reunion in October. On Friday, October , alumni enjoyed a full day of activities, including tours of the Law School, free ethics CLE programming, faculty-led panel sessions, and a networking reception. e weekend’s events culminated the next day with celebrations of the classes of , , , , , , , , , and . Reunion class members gathered for private dinners and the opportunity to catch up and reminisce.

42 | NORTHWESTERN LAW REPORTER SPRING 2013 | 43 ALUMNI NOTES

Alumni Authors Several Northwestern Law graduates have embarked on creative writing pursuits, nding inspiration in their legal careers or their personal lives. Some have made writing a full-time career, some balance writing with a legal career, and some have found time to write in retirement. The four pro led here have published books in a number of genres, from children’s literature to legal thrillers to investigative non ction.

Sidney Robin: Going with What He Knows

To get an idea of the inspiration for Sidney Robin’s latest book, you need look no further than his extensive caseload as a trial and appellate lawyer. For ve decades Robin (JD ’) specialized in medical malpractice, product liability, aviation, and general negligence cases, representing seriously injured people. Such cases feed the plots of the novels he started writing in retirement, beginning with An Attractive Nuisance, which came out last year. It features a lawyer who must navigate a big mining company’s deception in a permanent-injury case. ough Robin took some creative license, the book is drawn from an actual case where he represented a boy paralyzed at an abandoned strip mine turned swimming hole. “When I visited the strip mine in Springeld, Illinois, I was chased by a wild boar. A wild boar!” said Robin. “ is is stu I can’t make up, and it makes for interesting color for my novels.” His second book, A Wrongful Death, has been completed and is ready for publication. Aer retiring, Robin decided to listen to the “nagging interest that never seemed to go away” and write a book. His interest in writing dates back to grammar school, when he wrote for school newspapers, and continued through law school, when he edited the Northwestern Law Review. As a practicing attorney he wrote articles for law journals and served on the committees draing legislation dealing with gov- Sidney Robin (JD ’60) ernmental liability and duties of landowners. “Writing allows me to merge my two interests,” he said. “I write about things I know and teach a little bit of law while doing something from which I get a lot of pleasure.” He has no regrets about choosing to devote “I write about things I know and teach a little his earlier years to his law practice. bit of law while doing something from which “ ere is something gratifying about helping people get the vindication they deserve I get a lot of pleasure.” while maintaining an all-important level of integrity and respect,” he said. “It’s nice to feel that you’ve made some kind of a mark and contribution.” But he is thoroughly enjoying his current endeavors. “It’s great to be able to create the facts and not be bound by existing ones.” Robin has begun work on his third book, which is—naturally— based on one of his cases. n

44 | NORTHWESTERN LAW REPORTER David Ellis: Having It Both Ways

David Ellis’s professional life is one of duality: one part writer, one part lawyer. Since his days as a self-described argumentative, analytical kid from Downers Grove, Illinois, who loved to write plays and short stories, Ellis (JD ’ ) has been fortunate to fashion a lucrative career as a lawyer and author of legal thrillers by merging his two main passions. It wasn’t until he took a vacation in that the Northwestern Law grad made the decision to bring the two together. He was three years out of law school, living his dream, working as a lawyer David Ellis (JD ’93) at a large rm in downtown Chicago, yet something was missing. “I had a drink, watched the sun go down, and reected on my Patterson for the second time to coauthor Mistress, slated to hit life. I recognized that there was a whole side of me that I never fully bookstores in August. Ellis’s solo novel e Last Alibi will also developed,” said Ellis. “I didn’t want to stop being a lawyer, but release in August. I wondered, ‘Why can’t I have both?’” It was at that point that he Working with Patterson has made him “more cognizant of made the decision to write and publish a book. Working as a litiga- the drama in each scene,” Ellis said, “and of cutting the excess to tor, it seemed only tting that he write about what he knew, the law, become more e cient.” while incorporating mystery and suspense. It took him three years While his prole rose in the literary world, Ellis continued to be to nish his novel, carving out time to write aer work every day. committed to the law. “ e law always came rst,” he said. “I still “I taught myself to write. I equate it to training, similar to liing weights. I did not have a lot of raw writing talent,” he said. “It was a skill I had to learn and hone. My only innate talent was the ability “I merely had a short-term goal of publishing a to di erentiate between good and bad writing.” He shared his rst book; never did I think I’d win an award for it.” manuscript with friends and family for honest feedback. “It was a very scary moment, putting your heart out there and waiting for someone to stomp on it,” he recalled. ey were able to o er had clients counting on me. e writing was something that I did insights that never occurred to him, he said. Ellis’s openness to when time allowed.” He worked for years in private practice and critique paid o : that rst book, Line of Vision, garnered a lot of is currently special counsel to Michael Madigan, speaker of the buzz, and he was honored with the Edgar Allan Poe Award for Illinois House of Representatives. He was the House prosecutor Best First Novel by an American Author in . during the impeachment trial of former governor Rod Blagojevich. “ at was both amazing and shocking at the same time,” added While at Northwestern Law he participated in trial team and Ellis. “I merely had a short-term goal of publishing a book; never moot court and worked with the Center on Negotiation and did I think I’d win an award for it.” Mediation in the Bluhm Legal Clinic. Now, nearly years later, Ellis is working on his th novel “Northwestern Law o ered a variety of opportunities that allowed and recently teamed with suspense writer extraordinaire James me to shape my law career,” he said. “It has served me well.” n

SPRING 2013 | 45 and Black Identity, as an undergraduate at Harvard. She wrote a second book, the family memoir Girl in the Mirror: ree Generations of Black Women in Motion, while a student at Northwestern Law. at same year she also delved into children’s books and wrote I Love My Hair, based on childhood experiences of getting her hair combed by her mother, and the companion piece Bippity Bop Barber Shop. She has since written three more children’s books. “In branching o into children’s books, I wanted to create something that was fun and whimsical, especially because I did not feel like there were many books that depicted kids of color in that way,” she said. “I really wanted to expand images and understanding of children Natasha Tarpley (JD ’98) in the African American diaspora.” Aer a postgraduate position writ- Natasha Tarpley: Doing What She Loves ing for Fortune magazine, Tarpley started Voonderbar! Productions, a developer and Natasha Tarpley (JD ’ ) has been writing since age seven, inspired publisher of multicultural literature, with her mother. e com- by seeing her mother write in her spare time. Tarpley said she was a pany will concentrate on ction and nonction books. Tarpley shy child who found that writing was an escape into her own world. hopes it will be a resource for information about people of color “When I began writing as a child, it sort of solidied the idea that and their varied experiences and that it will create a publishing I can take something from my imagination and have it become platform for writers of diverse backgrounds. this wonderful thing,” she said. “It was always the way for me to Tarpley said that her legal education has helped her navigate creatively express myself.” contracts and other business aspects of her career as an author and Tarpley began publishing her work as a high school sopho- as the founder of Voonderbar! Productions. more; her rst piece was a poem in a school district magazine in “I must admit, I get a little geeked when I have to read a contract Cambridge, Massachusetts. at publication encouraged her to or when I’m talking with our lawyers about a particular legal issue,” begin entering writing contests. Winnings from the competitions said Tarpley. “ ere is denitely a part of my brain that enjoys the and scholarships paid for her undergraduate education at Harvard University, where she majored in African American studies and German. “I found law studies similar to writing, as they involved story- While pursuing her passion for writing, Tarpley telling to a certain extent, crafting an argument, and learning decided to go to law school. “I was still strongly interested in being a writer, and while I was not sure to write persuasively.” exactly how law school would t into my career, I knew it was a smart move,” she said. “I found law studies similar to writing, as they involved storytelling to a certain logic and structure of the law, or at least the attempt at such, espe- extent, craing an argument, and learning to write persuasively.” cially in contrast to the more creative aspects of my work.” As Tarpley developed as a writer, her pieces oen highlighted Of her own writing career, Tarpley said, “I feel fortunate to the struggle of African Americans and served as a positive voice be able to cra my own life around something I love. It’s a wonder- for a marginalized group. She completed her rst book, an anthol- ful feeling to invest my energy doing something that really matters ogy titled Testimony: Young African Americans on Self-Discovery to me.” n

46 | NORTHWESTERN LAW REPORTER Ted Grippo: Righting a Wrong through Writing

In a high-prole murder case dominated national headlines. information for this book,” said Grippo. “ ere are layers of civil Italian immigrants Nicola Sacco and Bartolomeo Vanzetti were rights abuses, social injustice, wrongful conviction, and important accused of murdering two men during an armed robbery of a shoe history that inspired me to write this book.” factory in the Boston suburb of South Braintree. ey were con- Grippo had already begun research on the Sacco and Vanzetti case victed of capital murder and sentenced to death. as a student at Northwestern Law working part-time at the school Disputed facts and missing pieces led to six appeals and the library, where he had “tons and tons of books at my ngertips.” suggestion that the men were convicted largely on their anarchist Aer law school he set his research aside to focus on a career political views. Even so, they were executed on August , . that would span more than years. He began as an attorney Ted Grippo (JD ’) was born a year aer the execution. In , for the Illinois Secretary of State’s O ce and eventually became when he was years old, he overheard his father talk about Sacco and Commissioner of the Illinois Securities Department. In private Vanzetti. e elder Grippo, an Italian immigrant, felt strongly about the men’s innocence and passionately explained their story to Ted. “ is story hit close to home for my father as an Italian immi- “There are layers of civil rights, social injustice, grant,” Grippo said. “Even as a child I could sense his emotion and sadness as he spoke. I could tell that he felt sympathetic toward wrongful conviction, and important history that Sacco and Vanzetti.” At that time, years aer the dramatic trial and inspired me to write this book.” appeals ended, there was a lot of unrest throughout the country and abroad about the wrongful conviction of the two Italians. A seed was planted that eventually compelled Grippo, now practice he found success working in mergers, acquisitions, divesti- retired from Grippo & Elden as a senior and cofounding partner, tures, hostile takeovers, public and private securities o erings, and to write a book, With Malice Aforethought: e Execution of Nicola other legal matters for many top American international businesses. Sacco and Bartolomeo Vanzetti. It examines the facts of the case Upon retiring, Grippo resumed his Sacco and Vanzetti research, and focuses on intolerance and injustice in the US criminal justice which eventually grew to include information from books, case docu- system during the early th century. ments, and transcripts, from the Massachusetts archives and libraries. “Listening to my father sparked an interest in me that I did not “It was exciting to delve into something that meant so much to quite understand until I began to dissect the case and research my father so many years ago,” Grippo said. “I learned so much and found out things that are fascinating and infu- riating at the same time.” e book includes Ted Grippo (JD ’53) new revelations about the case, including false ballistics testimony and the manipulation of an interim opinion by the judge, which was contradicted by previously overlooked docket entries. Grippo believes the men did not receive a fair trial and were innocent of murder, as well. Writing the book also ignited a passion about wrongful conviction cases. As a result Grippo has become an avid supporter of the Bluhm Legal Clinic and is currently a member of the advisory board of the Center on Wrongful Convictions. “ is book has resounding themes of dis- crimination and social injustice, which unfortunately still happen frequently today,” Grippo said. “If nothing else, the book opened my eyes to the responsibility of the legal profession regarding wrongful convictions.” n

SPRING 2013 | 47 ALUMNI NOTES

Alumni Club News New Alumni Clubs Launched in 2013

Since January Northwestern Law professional, social, philanthropic, and New regional clubs are launch- has launched Alumni Clubs in ve major academic activities. Recent club events have ing this spring and summer with metropolitan areas—Chicago, Los Angeles, included happy hours, community service these faculty events: New York City, the San Francisco Bay Area, activities, and CLE programs. A number of Milwaukee: “Martin Luther and Washington, DC—as well as a club Northwestern Law faculty members have King’s Lawyers” with Len for LLM Tax alumni. ere are plans to traveled to various Alumni Club locations Rubinowitz (May 14, 2013) launch four new clubs in Milwaukee, Detroit, to meet with alumni and discuss their Minneapolis, and Boston by the end of . research and current legal topics. For more Alumni Clubs provide opportunities for information or to get involved, please contact Detroit: Faculty event with alumni to maintain and develop connections Terese Molinaro at terese.molinaro@law. Daniel Gandert (JD ’07) with one another and the Law School through northwestern.edu or .. . (July 17, 2013)

San Francisco Bay Area Chicago

UPCOMING FACULTY EVENT: JUNE 19, 2013 RECENT FACULTY EVENTS Esther Barron (JD ’95) and Steve Reed: “Training Shari Diamond: “Embedded Experts on Students to Practice in the Start-Up Community” Real Juries” Marshall Shapo: “An Injury Law Constitution”

Los Angeles

RECENT FACULTY EVENT Joseph Margulies (JD ’88): “The Current State of Guantanamo”

Northwestern Law Alumni Clubs by the Numbers

48 | NORTHWESTERN LAW REPORTER Minneapolis

LAUNCHING FALL 2013

Milwaukee LAUNCHING SPRING 2013 Boston

LAUNCHING FALL 2013 Detroit

LAUNCHING SUMMER 2013

New York City

RECENT FACULTY EVENTS Stephen Presser: “Do We Still Have Washington, DC Constitutional Law?” John McGinnis: “Accelerating Democracy: RECENT FACULTY EVENTS Transforming Governance through Eugene Kontorovich: “Pirate Prosecution Paradoxes” Technology” Emily Kadens: “The History of Law Through Rare Books” David Scheffer: “The Challenges of International Justice for the Future”

Club events Participants in club events in 2012

16 in 2012 684 (459 alumni, 225 guests)

Volunteers across Club events currently

124 all alumni clubs 34 scheduled for 2013

SPRING 2013 | 49 ALUMNI NEWS

Class Notes

1950s L. Roland Roegge (JD ’62) received Peter M. Sommerhauser (JD ’68) Mark H. Verwys (JD ’74) was listed in the Champion of Justice Award was listed as a senior statesman Michigan Super Lawyers . Newton N. Minow (JD ’50) and Gilbert from the State of Michigan Bar in the corporate/mergers and Feldman (JD ’55) were proled in the Richard M. Bolton (JD ’77) was Association. acquisitions category in Chambers July , , Chicago Lawyer article named a Chambers USA Leading & Partners’ Guide to America’s Stanley P. Sklar (JD ’64) was induct- Lawyer and was listed in the “A Passion for the Practice Keeps Leading Lawyers. Lawyers Coming to Work.” ed into the International Academy of Best Lawyers in America and Michi- Mediators as a distinguished neutral. gan Super Lawyers . Eugene I. Pavalon (JD ’56) received 1970s James C. Kingsley (JD ’66) received Richard A. Glaser (JD ’77) the Lifetime Achievement was listed the Michigan Judges Associa- Douglas M. Branson (JD ’70) pub- Award from Jury Verdict Reporter for in the Best Lawyers in America tion’s Hilda Gage Award for Judicial lished his book ree Tastes of Nuoc and Michigan Super Lawyers . his leadership, mentoring, and body Excellence. Mam: e Brown Water Navy and of work. Visits to Vietnam. Scott Shrode (JD ’77) was named Lewis F. Matuszewich (JD ’66) re- vice president of institutional ad- Horace T. Ward (JD ’59) retired from ceived the Austin Fleming Newslet- Gary L. Schlesinger (JD ’70) was vancement at Northland College in the Northern District of Georgia ter Editor Award at the Illinois honored with a Lifetime Achieve- Ashland, Wisconsin. ment Award at the Lake County (Illinois) Bar Association’s biennial Patricia F. Bak (JD ’78) was ap- president’s dinner. pointed acting executive director of the Federal Trade Commission. Howard A. Tullman (JD ’70) was listed in Crain’s Chicago Business’s Judith Brawka (JD ’78) was elected “Chicago’s Tech .” chief judge of the th Judicial Circuit of Illinois. She is the rst Tyrone C. Fahner (LLM ’71) was woman to be elected to this position named chairman of the Shedd and will serve through December . Aquarium’s board of trustees. Craig L. Caesar (JD ’78) was ap- Roger L. Taylor (JD ’71) retired from pointed chair of the Louisiana State Kirkland & Ellis to become interim Bar Association Committee on president of Knox College in Gales- Alcohol and Drug Abuse. burg, Illinois. Robin P. Charleston (JD ’78) joined Michael J. Canter (JD ’72) was listed Zenner Consulting Group as a legal in the Best Lawyers in America. recruiter.

Michael D. Monico (JD ’72) was Ivery D. Foreman (JD-MBA ’78) was selected to join the Leading Lawyers listed in the Best Lawyers in Network, a peer-nominated orga- America. nization, for his expertise in white- collar criminal defense. Fred G. Pressley Jr. (JD ’78) was named to the Ohio Super Richard Mosher (JD ’72) joined the Lawyers list in employment and Hawaii o ce of Anderson Kill & labor law. Olick. Richard L. Gelfond (JD ’79), James P. Tuthill (JD ’72) led the Mark Walter (JD ’85) and his wife, Kimbra, saw Northwestern defeat Mississippi State 34-20 chairman and chief executive in the 2013 TaxSlayer.com Gator Bowl in Jacksonville, Florida. It was the Wildcats’ rst bowl University of California, Berkeley, o cer of IMAX, was interviewed win since 1949. In May Walter will deliver the keynote address at the Law School’s Class of international and executive legal by the Toronto Globe and Mail 2013 convocation ceremony. education training program in regu- about the evolution of the IMAX lating broadcast media. lm format.

Robert C. Boruchowitz (JD ’73) com- Robert C. Ryan (JD ’79) was named bench. When appointed in State Bar Association’s annual pleted his sixth year of teaching at to Nevada Business Magazine’s he was the rst African American meeting. Seattle University School of Law. “Legal Elite.” federal judge in Georgia. Arthur C. Perivolidis (JD ’67) received Ross Bridgman (JD ’73) was listed in the Hellenic Bar Association of Il- the Best Lawyers in America. 1980s 1960s linois Lifetime Achievement Award. Harvey M. Grossman (JD ’73) re- Thomas G. Cline (JD ’80) received the Sidney Robin (JD ’60) published his Benjamin P. Shapiro (JD ’68) joined ceived the Public Interest Law Insti- Distinguished Service Award from novel A Wrongful Death. (See story Roetzel & Andress as a partner in its tute’s Distinguished Public Service the National Association of College on page .) Chicago o ce. Award. (See story on page .) and University Attorneys.

50 | NORTHWESTERN LAW REPORTER Kent D. Lollis (JD-MBA ’80) received managing partner of Foley & Lard- Mark R. Walter (JD ’85) was proled Michelle A. Kern (JD ’87) joined the American Bar Association ner’s Chicago o ce. in the August , , Crain’s Hospira as FDA regulatory senior Alexander Lifetime Achievement Chicago Business article “Baseball, counsel. Maryann A. Waryjas (JD ’83) joined Award. Business And Bones are Signs of Great Lakes Dredge & Dock Corpo- Robert F. Messerly (JD ’87) joined Guggenheim’s Growth.” Michael S. Abrams (JD ’81) joined ration as senior vice president, chief Quarles & Brady as a partner in its Wolf Group L.A. legal o cer, and corporate secretary. Diane Marie Amann (JD ’86) was ap- real estate practice group. pointed by the University of Georgia Andrew I. Gavil (JD ’81) Philip A. Epstein (JD ’84) was ap- was School of Law as special adviser on Jeffrey K. Spoerk (JD ’87) was listed pointed director of the O ce of appointed CEO and chairman of children in and a ected by armed in the Best Lawyers in America. Policy Planning in the Federal Trade Warren Resources. conict. Paula J. Krasny (JD ’88) joined Commission. Thomas M. Lynch (JD ’84) was Susan E. Wheatley (JD ’86) was listed Holmes Weinberg, a branding, Joseph P. Kubarek (JD ’82) was in- appointed to a -year term as US as a “Leading Lawyer” by Cincy entertainment, and social media cluded in Best Lawyers in America’s bankruptcy judge in the Northern magazine. rm based in Malibu, California. corporate compliance law and District of Illinois, Western Division. John Santa Lucia (JD ’88) securities/capital markets law lists. George E. Wolf (JD ’86) was proled joined Marcia J. Mason (JD ’84) was pro- He was also in Super Lawyers Maga- in the July , , Kansas City the Foster Pepper real estate, moted to vice president and general zine’s business and corporate law list Business Journal article “Up Close: business, nancial institutions, counsel of Esterline Corp. for New York State. George Wolf, Partner at Shook and investment management prac- Jeffrey C. Hammes (JD ’85) was fea- Hardy & Bacon.” tice groups. Elizabeth G. Nowakowski (JD ’82) tured in Crain’s Chicago Business’s Jordan B. Allen (JD ’87) was appoint- was listed in the Best Lawyers December , , article “Meet ed principal and chief operating 1990s in America. the Boss of Chicago’s Richest Law o cer of Victory Park Capital. Bradley C. Graveline (JD ’90) Vicki O’Meara (JD ’82) received the Firm” and was reelected chairman of Steven H. Hil nger (JD ’87) became joined Sheppard, Mullin, Richter Transformative Leadership Award Kirkland & Ellis. chief operating o cer at the & Hampton as a partner in its intel- from InsideCounsel Magazine. Retta Miller (JD ’85) was listed in the Michigan Economic Development lectual property practice group in Myles D. Berman (JD ’83) was named Best Lawyers in America. Corporation. Chicago.

Alumna Honored at Annual Awards Celebration

Geraldine M. Alexis (JD-MBA ’ ) received an Alumni Merit Award at the th annual Northwestern Alumni Association Alumni Awards ceremony in March. Presented to one alumnus from each Northwestern school, Alumni Merit Awards recognize alumni distinguished in their professions or elds of endeavor. A partner at Perkins Coie in San Francisco, Alexis specializes in antitrust counseling and litigation. She was previously a partner at Bingham McCutchen and at Sidley Austin. A self-described “ardent advocate,” she represents clients before the Department of Justice, the Federal Trade Commission, and state antitrust enforcement agencies in mergers, acquisitions, joint ventures, and other government antitrust investigations. e rst woman to receive Northwestern’s joint JD-MBA degree, Alexis said Geraldine M. Alexis (JD-MBA ’76) with Northwestern University president Morton O. Schapiro that Northwestern not only “provided me with excellent training in law and business” but also “introduced me to a large network of talented and dedicated alumni and alumnae who have enriched my life in so many ways.” She noted in particular Judge John Grady (JD ’), who “hired me to be one of his rst law clerks on the federal bench and thereaer became a wonderful mentor throughout my career.” In recalling her favorite classes, Alexis mentioned Law and Social Change with Jordan Hay Hillman, Antitrust Law with Dean James Rahl, and a Partnership Law seminar with Harold Shapiro (JD ’). n

SPRING 2013 | 51 ALUMNI NOTES

Linda P. Kurtos (JD ’91) joined the Melissa A. Siebert (JD ’92) joined Christina M. Egan (JD ’95) was one of Hamilton’s corporate and securi- University of Notre Dame as director BakerHostetler’s employment and six members on the screening com- ties practice group in the New York of sustainability. labor group as a partner. mittee for the new US attorney for o ce. the Northern District of Illinois. Monica J. Labe (JD ’91) was named J.B. Pritzker (JD ’93) was listed in Matthew L. Rosenberg (JD ’97) was a Chambers USA Leading Lawyer; Crain’s Chicago Business’s “Chicago’s Rodrigo D. Floro (JD ’95) appointed senior vice president of was listed in the Best Lawyers in Tech .” joined World Fuel Services as its global sales and business develop- America; was selected by Michigan Asia legal director. ment at Eventbrite. David E. Waterstradt (JD ’93) Super Lawyers as one of the top Kevin E. Slaughter (JD ’95) was Reid J. Schar (JD ’97) received the lawyers and top women lawyers became one of the rst attorneys in Michigan to receive certication in honored as one of the Chicago De- J. Michael Bradford Award in Michigan; and was honored by from the National Association of elder law. fender’s “Men of Excellence.” Michigan Lawyers Weekly as one of Former United States Attorneys in its “ Women in the Law.” Anthony C. White (JD ’93) received Mark L. Lasser (JD ’96) became the recognition of his leadership of the managing attorney of the Lasser Law David Skidmore Jr. (JD ’91) was the Ohio Diversity Council’s Multi- investigation and prosecution of O ce in San Francisco and Truckee, named one of the top lawyers in cultural Leadership Award. former Illinois governor Rod Blago- California. jevich and associates. Cincinnati by Ohio Super Lawyers. Michael B. Brodsky (JD-MBA ’94) was Kristin G. Noel (JD ’96) was listed in Christopher N. Skey (JD ’97) Amy Zimmerman (JD ’91) received appointed to the board of directors was Wisconsin Super Lawyers . the Public Interest Law Institute’s of Genesis Land Development Corp. elected to a second term as vice Lindsey Simon (JD ’96) president of development on Chi- Distinguished Intern Alumni Award. Edmond Chang (JD ’94) received the founded (See story on page .) Simon Compliance, a boutique cago Volunteer Legal Services’ board Public Interest Law Institute’s Dis- of directors and has joined Quarles law rm specializing in securities Matthew W. Ferguson (JD ’92) was tinguished Fellow Alumni Award. & Brady as a partner. compliance. appointed to the board of directors (See story on page .) Michael A. Hammell (JD ’98) was of RetroFit. David T. Howton (JD ’97) joined Esther S. Barron (JD ’95) was proled promoted to executive vice president, Sarepta erapeutics as senior vice William J. Kramer (JD ’92) joined in the July , , Crain’s Chicago general counsel, and secretary of president and general counsel. Loeb & Loeb as a partner in the patent Business article “Info Junkie: Esther TransMontaigne, a terminaling and litigation and counseling practice. Barron.” Brian S. Korn (JD ’97) joined Pepper transportation company.

LAW ALUMNI AWARDS

Northwestern Law is pleased to announce the Law Alumni Awards program, designed to recognize alumni for their career accomplishments, dedication, and service to the Law School. Award recipients will be recognized at the inaugural awards luncheon during All Alumni Weekend in September. Nominations are being accepted for the following alumni awards:

DEAN’S LEGACY AWARD VOLUNTEER SERVICE AWARD DISTINGUISHED ALUMNI AWARD INTERNATIONAL ALUMNI AWARD EMERGING LEADER AWARD DAWN CLARK NETSCH AWARD

For more information about the awards program or to submit a nomination, visit law.northwestern.edu/alumni.

52 | NORTHWESTERN LAW REPORTER First-year students network with representatives from the winning rms in the 2012 Firm and Corporate Alumni Challenge at a reception at the Law School in April. Left: students mingle with representatives from Jones Day. Right: Rachael M. Trummel from Barack Ferrazzano with students.

Jason P. Klingensmith (JD ’98) was listed in Michigan Super Lawyers as High Participation Rates in Firm and Corporate a “Rising Star” in business litigation. Alumni Challenge Glen G. McGorty (JD ’98) joined Crowell & Moring as a partner. Congratulations to the winners of the Firm and Corporate Alumni Challenge! Forty percent alumni participation was achieved in with nearly , alumni Michael B. Shaw (JD ’98) was promoted to equity principal at Much from more than rms and corporations participating, and six rms and corpo- Shelist. rations achieved percent participation. e following rms and corporations achieved the highest participation rates in Lance A. Zinman (JD ’98) was named in Crain’s Chicago Business’s “ their categories for their support of Northwestern Law this year: under .” F IRMS WIT H 40+ ALUMNI F IRMS WIT H 8–20 ALUMNI Richard H. Bernstein (JD ’99) was Jones Day (46 percent) Bartlit, Beck, Herman, Palenchar inducted into the National Jewish & Scott LLP (100 percent) Sports Hall of Fame and Museum F IRMS WIT H 21–40 ALUMNI in April. Barack Ferrazzano Kirschbaum F IRMS WIT H 3–7 ALUMNI Felix Sha r (JD ’99) was promoted to & Nagelberg LLP (71 percent) Grippo & Elden LLC (100 percent) partner in the Los Angeles o ce of Horvitz & Levy. In addition to the winners listed above, the following rms received the Partners for Excellence in Law distinction, awarded to those rms or corporations 2000s that achieve at least percent participation: Mona M. Bhide (LLM ’01) was Bodman PLC (100 percent) Marshall Gerstein & Borun (90 percent) proled in the August , , BP America Inc. (100 percent) Tishler & Wald, Ltd. (75 percent) Economic Times article “Legal Brinks Hofer Gilson & Lione (100 percent) Holland & Knight LLP (76 percent) Divas Follow Zia Mody’s Footsteps, Rewrite Industry Law.” Duane Morris LLP (100 percent) James M. Dickerson Jr. (JD ’01) e Firm and Corporate Alumni Challenge creates opportunities for alumni joined Ta Stettinius & Hollister’s to cultivate relationships with fellow alumni in their own rms or corporations Cincinnati o ce as a partner in the and the broader Law School community. Firms and corporations with three or litigation practice group. more Northwestern Law alumni may participate. Participants receive invitations Michelle Hayden Bomberger (JD- to exclusive meetings with the dean and events featuring accomplished alumni, MBA ’01) was chosen by the Puget Sound Business Journal as one of the students, and faculty members. region’s “ under .” Firms and corporations benet by enhancing their visibility at the Law School and increasing their recruitment proles with some of the best students in the Livia M. Kiser (JD ’01) joined Loeb & Loeb as a partner in its consumer country. Challenge winners in each division secure an exclusive networking recep- protection defense department. tion with rst-year students, special recognition during on-campus interviewing,

Ricardo Pinto (LLM ’01) was appoint- and rst right of refusal for select on-campus sponsorship opportunities. ed judge in the National Criminal For more information about the challenge, contact Anne Stanley at .. Appeals Court of Buenos Aires. or [email protected]. n

SPRING 2013 | 53 ALUMNI NOTES

Alumni Swearing-In Ceremony Laura A. Rupenian (LLM ’01) joined Caryn Smith (LLM Tax ’06) was the leveraged nance and private named a partner at Baker & equity practice in Goodwin McKenzie. Procter’s San Francisco o ce. t he Anjan Chatterji (LLM Tax ’07) Supreme Court Albert Vincent Yu Chang (LLM/K ’01, joined Foley & Lardner LLP as JD ’05) wrote a book, e Unocial the director of healthcare law and of the United States Guide to US Legal Studies for economics. He and his wife are Foreign Lawyers. expecting their rst child. Roxanne Torabian-Bashardoust Caleb Durling (JD ’07) was named (JD ’02) was recognized as a “ one of Law Week Colorado’s “Up- Southern California Rising Star” and-Coming Lawyers.” in employment and labor law and Daniel J. Gandert (JD ’07) oin Dean Daniel Rodriguez business litigation by Los Angeles coauthored a research paper with Magazine and was included in the in Washington, DC, on Monday, Luis Hansen (JD ’) examining Southern California Super the legality of a proposal to limit March 10, 2014, for a special Lawyer’s “Rising Stars” issue. the age of Olympic basketball admission ceremony to the Bar of Sheila M. Maloney (JD ’03) was players. the United States Supreme Court featured in the cover story of the Sonya Jindal (LLM Tax ’07) was July Chicago Lawyer about for Northwestern Law alumni. appointed to the American Cancer Legal Prep Charter Academies, a Society advisory board. charter high school in Gareld Park with a focus on the legal Andrew Z. Miller (JD-MBA ’07) was Space is limited to 50 attorneys and is available on a rst-come, rst-served profession. promoted to senior vice president basis. To qualify, an alumnus or alumna must have been a member in good of strategy and business analytics standing of the highest court of his or her jurisdiction for the past three years. Jane Blake (JD ’04) was appointed for the Cleveland Indians. The application requirements include the following items: in-house counsel at Abbott Labs. Afolasade Adebimpe A. • Completed Application for Admission to Practice form, found on the David C. Lee (JD-MBA ’04) became Osundosumu (LLM ’07) Supreme Court website at www.supremecourt.gov/bar/barapplication.pdf a partner of Latham & Watkins in has started its Costa Mesa, California, o ce. his own rm, Lawpath Solicitors. • Certi cate of good standing from the highest court of one’s jurisdiction Benjamin L. Mack (JD ’04) Joseph J. Wardenski (JD ’07) was • Signatures of two sponsors who are current members of the US was elected a partner of Nutter named one of the “Best LGBT Supreme Court Bar McClennen & Fish. Lawyers under ” by the National LGBT Bar Association. • $200 admission fee made payable to US Supreme Court Lacey Bundy (JD ’05) was promot- Anne-Marie Rabago (LLM Tax ’08) Paperwork and payment must be received by Terese Molinaro at Northwest- ed to senior vice president, general ern Law no later than Monday, November 4, 2013. Complete event and appli- counsel, and corporate secretary of was one of San Diego Metro Maga- cation details are available at www.law.northwestern.edu/supremecourtbar. Express Inc. zine’s “ under ” for . Christopher James (LLM Tax ’09) A con rmation email will be sent when a space is ocially reserved. Please Gaetan E. Gerville-Reache (JD ’05) address questions to Molinaro at [email protected] was named a partner at the Michi- was elected a shareholder of Davis or 312.503.1793. gan law rm Warner Norcross Brown. Each person being admitted may bring one guest to witness the swearing in. and Judd. Krista Stone-Manista (JD ’09) Vladimir Kykal (LLM ’05) was joined Rosen Bien Galvan & Grun- named a partner at Weil, Gotshal feld as an associate. & Manges. 2010s Nathan W. Lamb (JD ’05) was named a “Rising Star” by Illinois Jesse Abrams-Morley (JD ’10) Super Lawyers. joined Pietragallo Gordon Alfano Bosick & Raspanti as an associate Benjamin Feuer (JD ’06) formed the attorney in the litigation practice California Appellate Law Group, group. which focuses on civil and white- collar appeals. Sumaira Khalid (LLM-IHR ’10) was recently married. Matthew Fortney (JD ’06) was named a “ Rising Star” by Lauren Matecki (JD ’10) joined Wisconsin Super Lawyers. the Chicago o ce of Perkins Coie

54 | NORTHWESTERN LAW REPORTER Nearly 90 alumni gathered for an alumni event in Tokyo on October 15, 2012, organized by Masatsugo Suzuki (LLM ’72) (pictured left), Masahiro Ohtsuka (LLM ’88), Miho Niunoya (LLM ’97), Yukie Endo (LLM ’98), Masako Sakaguchi (LLM ’99), Takashi Ito (LLM ’04), and Toshihiko Shigetake (LLM ’07). Dean Rodriguez joined the group via Skype.

as an associate in the technology solo practice in Rockville, Maryland, welcomed their rst child on Jessica E. Lingo (JD ’12) joined the transactions and privacy subgroup. in . August , . Nashville law o ce of Frost Brown Todd as an associate. Alexandra Newman (JD ’10) com- Joel Boussert (LLM Tax ’12) joined Luis Hansen (JD ’12) coauthored a re- pleted a two-year term as a sta law Gould & Ratner as an associate. search paper with Daniel J. Gandert Walter Sun (JD ’12) joined Quarles clerk for the US Court of Appeals for (JD ’ ) examining the legality of a & Brady’s Milwaukee o ce as an Lauren Cohen (JD ’12) the Seventh Circuit and joined the joined Per- proposal to limit the age of Olympic associate in the intellectual property litigation group of Mayer Brown as kins Coie in intellectual property basketball players. group. an associate. litigation. Susan Kai (JD ’12) joined Pircher, William A. Walden (JD ’12) joined Heather Scheiwe Kulp (JD ’10) Matthew G. Gold (JD-MBA ’12) Nichols & Meeks as an associate in Quarles & Brady’s Chicago o ce completed a two-year Skadden joined Cerberus Capital Manage- the Chicago o ce. as an associate in the labor and Fellowship with the Resolution ment as an associate. He recently employment group. Andres Lankenau (LLM/K ’12) joined Systems Institute/Center for Conict married Emma Catherine Juliet Baker & McKenzie as an associate is list reects information received Resolution. Hayword. in its corporate and mergers and by the Oce of Alumni Relations and Chijioke Akamigbo (JD ’11) started a David Greer (JD ’12) and his wife acquisitions practice. Development as of January , .

In Memoriam Northwestern University School of Law extends its heartfelt condolences to the loved ones of recently deceased alumni, faculty, and friends.

1930s 1960s Dillon Smith, an alumnus of both the Law School Ben W. Heineman (BLM ’36) Alan J. Scheffres (JD ’60) (JD ’ ) and the Medill School of Journalism, John P. Shonkwiler (JD ’62) Media, Integrated Marketing Communications 1940s James E. O’Halloran (JD ’65) Kenneth E. Scranton (JD ’40) James M. Roberts (LLM ’65) (BSJ ’, MSJ ’), died at age at his home Joseph A. Zygmuntowicz (JD ’42) in Naples, Florida, on February . An award- Clinton L. Eckstrom Jr. (JD ’48) 1970s winning broadcast journalist, he had a wide- Jeremiah D. McAuliffe (JD ’48) Donald T. Rocen (JD ’70) ranging career in law and media, including Martine H. Justak (JD ’49) Glynna W. Freeman (JD ’71) William P. Shattuck (JD ’49) Charles B. Martin (JD ’79) years with WMAQ-TV in Chicago. In he established a television production company in 1950s 1980s Chicago, Dillon Smith Communications, where Kenneth J. Burns (JD ’51) Karla Foreman Wright (JD ’83) he worked until he retired to Florida in . He William G. Mitchell (JD ’58) Philip Henry Leventhal (JD ’85) John M. Mack (JD ’59) remained active with the Northwestern commu- 2000s nity, serving as a member of the Law Board and Jonathan E. Persky (JD ’01) an alumni interviewer for admissions. Pei-Hsun Ma (JD ’04)

SPRING 2013 | 55 CLOSING REMARKS

How the 100-Year-Old Income Tax Unleashed the Modern US Economy BY CHARLOTTE CRANE

This article was originally published in The Atlantic on inuential backers) often dominated federal politics. Up until the beginning February 25, 2013. of the twentieth century, such tariffs had sustained the federal government, except during the Civil War, when warships closed ports and made trade dif- One hundred years ago today, Secretary of State cult. The knowledge that Congress would impose protective tariffs encour- Philander Knox certi ed to Congress that the aged lobbyists and drove Washington debates. These lobbyists had always Sixteenth Amendment had been rati ed by Delaware triumphed over those concerned about whether such tariffs hurt consumers and Wyoming, clinching the required 36 states. without really bene tting the economy. The greed of the lobbyists and their Congress was free once again—this time without the clients was limited only by the fact that if the trade protection they sought threat of obstruction from the Supreme Court—to do was too successful, prices would be raised too high, consumers would something that has changed the scope of govern- refuse to buy, and there would be no imports and thus no federal revenue. ment for the next century. Washington could tax incomes. Progressive politicians embraced the income tax as a way to raise money Almost 10 years earlier, that Court, alarmed at the willingness of for the federal government without burdening the average household with Congress to impose taxes that were only to be paid by the rich, had struck the high living costs imposed by duties. Anyone who believed in free trade, down the tax. Justice Field had declared it an “attack on capital” that was who wanted to end protectionism and allow American markets to develop only the opening round of “a war constantly growing in intensity and bitter- without obstruction, had to offer some revenue that didn’t come from tariffs. ness.” Some populists in Congress had threatened to enact the tax again Rati cation of the Sixteenth Amendment let reformers nally welcome an in de ance of the Court, but in 1909 their energies had been diverted to alternative source of tax revenue: American incomes. And for at least a the rati cation effort in the States. Conservatives hoped the push for the few years, the income tax would clear out the lobbyists, raising revenue income tax would wither in the state rati cation process. But less than four evenly across every industry and depriving Congress of reasons to favor one years later, the amendment was rati ed. industry over another. Many political observers rue this day in history. To them, the income tax Of course, tariffs did not die immediately when the permanent income tax embodies all that is wrong with the modern federal government. By encour- was born. But once it was no longer the primary source of federal revenue, aging some economic activity more than others, they say that the income the tariffs politics changed. Congressmen could no longer declare that tax, like much federal regulation, dampens economic growth and sties their special favors to pet industries were important sources of revenue. entrepreneurial creativity. Relatively quickly, Congress substantially withdrew from the business of at- Far worse, in their eyes, is that the income tax makes the federal tempting to inuence the economy by regularly granting such favors. government possible. It funds bloated services and enables all sorts of You could well argue that this withdrawal was only temporary. Our income social and economic meddling in the sacred workings of the free market. tax code is carved out with thousands of exemptions and deductions to But what would the past 100 years have looked like without the Sixteenth protect interests large and small, and we cannot say that favors are not Amendment? Certainly not much like a free market—unless something still being carried by representatives with interests that are extracurricular else had come along to get rid of tariffs and tariff politics, which had been to economic growth. The urge to reward political supporters in the name of restraining the economy. economics is timeless and irresistible. For much of the 19th century, the federal government had deliberately ex- Nevertheless, the Sixteenth Amendment created a new political and eco- ercised its taxing power to affect the economy profoundly. The rst substan- nomic environment. It freed us from the shackles of tariff politics, lowered tive act of the First Congress—signed into law on July 4, 1789*—imposed living costs for many Americans, allowed the federal government to raise duties on tea, salt, beer, candles, sugar, cider, nails, shoes, soap, and other enough money to build roads, mount the world’s greatest army, provide essentials. Since the country’s founding, these fees had not only funded the income security to the poor, and transform ourselves into the dominant government, but also had served to protect edgling American industries country in the 20th century. In other words, the income tax not only enabled from foreign competition. Such tariff duties were imposed to ensure high the modern federal government. It enabled the modern US economy. prices —frequently as much as 50 percent higher—for foreign goods and thus to encourage US consumers to buy domestic. By shielding our markets from competition—and by making foreign soap and shoes too expensive for many *See 1 Stat. 24. The rst act, at 1 Stat. 23, passed June 1, 1789, set forth the oath of to buy—these tariffs restrained trade and raised the cost of living for rich of ce for Congress, the President, and other federal of cers, and also required certain and poor alike. state of cers to take the federal oath. Some would argue the latter provisions were in some sense “substantive,” but the Constitution clearly required the loyalty in question, The US federal government had, since its earliest moments, behaved even if it did not require the oath. Congress spent the next month in political wrangling as if it was good to intervene this way in the economy. Battles over which about what industries deserved protection. industries deserved how much protection (which frequently amounted to ghts over which Congressmen would end up most beloved by their most Charlotte Crane is professor of law at Northwestern University School of Law.

56 | NORTHWESTERN LAW REPORTER NEW THIS YEAR Panel Programming Family Picnic Alumni Awards SEPSEPTEMBER 2728, 2013

All Northwestern Law alumni are invited to celebrate All Alumni Weekend, September 27–28, 2013. Reconnect with friends and faculty, participate in special programming, and see how the Law School has changed over the years.

Additional events will be held for this year’s reunion classes: 1963 1968 1973 1978 1983 1988 1993 1998 2003 2008

www.law.northwestern/alumni/ Nonprofit Organization U.S. Postage Office of Alumni Relations and Development PAID Northwestern University School of Law 375 East Chicago Avenue Northwestern University Chicago, Illinois 60611 USA