faculty focus as statistical modeling, to look at issues New Faculty such as how politicians build support and, conversely, how constituents control politi- cians. “The logic of majority rule says don’t be too hard to please,” or you’ll be left out of the majority, Ferejohn says. “You better find a way to prevent politicians from play- ing you off against others. So essentially, to control a politician, you need to come to some sort of agreement with other vot- John Ferejohn He died tragically in his sleep at age 33 ers on a single evaluative criterion, such as when Ferejohn was just seven years old. the liberal or conservative dimension, and visiting professor of law His mother, Olga Collazo, married physi- then not set so high a standard that the pol- john ferejohn can lecture on pork- cist Robert Bjork and moved the family to itician will simply ignore it.” barrel politics in the afternoon and whip Santa Monica. Currently, he’s coauthoring a book ten- up a dish of pork bellies with scallops that At age 12, Ferejohn started playing the tatively called Super Statutes, which chal- evening. A true Renaissance man who plays clarinet, saxophone and flute. Within a few lenges the belief that the fundamental jazz saxophone, runs marathons, collects years, he was playing at jazz clubs, intend- rights enjoyed by Americans are protected wines, travels extensively and experiments ing to be a jazz musician. He married his by the Constitution. “Instead of doing with molecular gastronomy—an avant- high-school sweetheart, Sally, now a constitutional law from the top garde cuisine that uses chemical powders retired elementary school teacher, down, we want to look at the real to create new textures such as liquid ravi- and worked his way through San rights we have and rely on day to oli—Ferejohn has academic interests that Fernando State College doing pay- day, from the bottom up,” he says. also span a number of disciplines. roll accounting for an aerospace Written with William Eskridge Jr., At Stanford University, his home since company. Realizing soon enough John A. Garver Professor of Juris- 1983, Ferejohn, Carolyn S. G. Munro Pro- that playing the sax wouldn’t prudence at Yale Law School, and fessor of Political Science, has chaired the pay the bills, he focused expanded from an earlier article, department and taught in the philosophy on his schoolwork and the book is due to be pub- department and the Graduate School of was accepted at Stan- lished by Yale University Business. Currently, he is a fellow at the ford University. Press in 2009. Hoover Institution. A non-lawyer, he none- During his first Just as he improvises theless has been teaching one semester at year at Stanford in jazz compositions, Fe- the NYU School of Law since 1993, and will 1968, he “discovered rejohn enjoys taking an join the faculty full-time in 2009. “He does that it was possible “eclectic” approach to everything,” says Lewis Kornhauser, Alfred to use deductive academics. In addition B. Engelberg Professor of Law, with whom thinking to see how to using techniques of he coteaches the Colloquium on Law, Eco- politicians do things. PPT, he looks forward nomics and Politics. “He has great curios- I got interested in ex- to collaborating with ity, a penetrating mind, and can talk about ploring the elegant NYU legal philosophers anything that goes on in the Law School.” and simple idea that Thomas Nagel and Liam Ferejohn is known for his work on vot- complex political insti- Murphy, among others. ers and the responsiveness of their elected tutions had a simple un- “Part of law—constitu- officials. He is also credited with being derlying logic.” He loaded tional law in particu- one of the founders of positive political up on mathematics and eco- lar—is really an applied thinking (PPT), a methodology that uses nomics courses, and in 1972, area of political and moral mathematical models, economics and he earned his Ph.D. in politi- philosophy. And NYU is re- game theory to analyze the workings of cal science. In 1974, he pub- ally strong in these areas,” political institutions. “John is the great lished his first of five books, says Ferejohn, who has positive political theorist of his generation,” Pork Barrel Politics: Rivers and taught political philosophy says Kenneth Shepsle, George D. Markham Harbors Legislation, 1947-1968 at both California Institute Professor of Government at Harvard Uni- (Stanford University Press). of Technology and Stanford. versity. “When he was starting out in the Both Pork Barrel Politics “The nice thing about applied early 1970s, PPT was extremely novel. It was and his second book, The as opposed to theoretical ap- through a lot of John’s work that it became Personal Vote: Constituency proaches to these topics is much more mainstream.” Service and Electoral Inde- that one can see the conflicts Ferejohn was born on an Army base in pendence (Harvard Univer- in sharper relief, and political Deming, New Mexico. His father, George, a sity Press, 1987), which he scientists have a congenital high school dropout who once worked as coauthored with Bruce Cain love for conflict.” a janitor at Columbia University, became of the University of Califor- Joining NYU full-time will a bombardier instructor in the U.S. Army nia, Berkeley and Morris Fio- allow him to focus more on Air Corps, then went on to attend Cornell rina of Stanford, use PPT and the philosophical approach University and Harvard Medical School. game theory strategies, as well to law. Plus, Ferejohn,

40 THE LAW SCHOOL faculty focus who has three children and three grand- teacher. They had two sons, Moshe and Dov, much the struggles within Jewish thought children, will be able to explore Man- and moved to Jerusalem when Moshe was resonate with ongoing struggles in law, lit- hattan’s exciting music scene—and its eight years old. Halbertal remembers his erature and politics today,” says Richard mouthwatering culinary offerings. He also father, the educational director of a high Pildes, Sudler Family Professor of Consti- looks forward to performing in some of the school who died in his early 70s in 2001, as tutional Law. Pildes cites current debates downtown jazz clubs he’s played in the past. an optimistic person who taught him the over the role of the Constitution in Ameri- And who knows? He may even twist foie power of gratitude and giving. “When I can law and culture, the proper methods of gras ribbons into bow ties in the kitchen of asked him how he came from there with- constitutional interpretation or the legiti- the city’s molecular-cooking mecca, wd~50. out being broken,” says Halbertal, “he said, mate space for dissent from rulings of the —Jennifer Frey ‘Whenever I was in distress, I saw someone Supreme Court as subject to illumination in far more distress and gave help to him.’” through Halbertal’s exposure of the centu- Both parents also instilled a deep respect ries-long turmoil over surprisingly similar Moshe Halbertal for education. “My father’s formative years issues within the traditions of Jewish reli- were all about survival,” Halbertal says. “He gious thought. gruss professor of law wanted his children to have the gift of what In 2001, Halbertal was appointed by a burt neuborne calls moshe halbertal he missed, the gift to study and grow, so in committee established by the Israeli Joint “the star of the Monday meetings.” At these some ways, we were the children who Chiefs of Staff to contribute to the weekly faculty gatherings, a professor pres- fulfilled whatever he hadn’t had.” drafting of the ethics code for the ents a working paper; it’s an opportunity to Halbertal received a strong, Israeli Army. Given the impor- receive feedback and share expertise with Talmudic education in yeshiva, an tance to Israel of its military, cre- fellow scholars. Halbertal always stands out Orthodox Jewish rabbinical semi- ating any restrictions on military for not only having read the week’s paper nary, and then attended Hebrew might was a delicate operation. but being among the first to ask questions. University, where he earned a However, the ultimate product, “He taught me how to behave on Mondays: B.A. and a Ph.D. in Jewish says Yishai Beer, professor of I time my question carefully so that I have thought and philoso- law at Hebrew University, raised my hand early but get called on after phy. His work began “was a masterpiece.” Moshe,” says Neuborne, tongue-in-cheek. to focus on the inter- More recently, Hal- “Then I say, ‘Never mind, Moshe has already section of Jewish law bertal was the guest asked my question.’” and philosophy when at the Colloquium in Halbertal, a global visiting professor he noticed a “construc- Legal, Political and of law and Gruss Visiting Professor of Law tive tension,” namely the Social Philosophy— since 2003, joins the faculty as the tenured question, “What is the role known for conven- Gruss Professor of Law this fall. He will con- of value in adjudicating be- ing some of the most tinue his practice of spending the spring se- tween possibilities?” For ex- incisive, even ruthless, mester in Israel, where he is a professor of ample, Halbertal notes that intellectuals and phi- Jewish thought and philosophy at Hebrew a saying such as “an eye for losophers for a thorough University. At NYU, he teaches Jewish Law an eye” can be read in two dissection of papers-in- and Legal Theory and the Ethics of Obliga- plausible ways: the seman- process. Halbertal’s pa- tion in Jewish Law. Though he doesn’t have tic, where one would actu- per, “Self-Transcendence, a J.D., he has become, through his careful ally demand an actual eye Violence and the Politi- readings of others’ work and long philo- in retribution, and the cal Order,” examines sophical discussions, “indispensable to so moral, where one would the suicide bomber and many of us on the faculty,” says Amy Adler, accept monetary compen- the terrorist who doesn’t who specializes in art law. Indeed, the news sation and consider the eye try to escape punishment that Halbertal secured a permanent posi- a metaphor. Through such because he wants to prove tion on the faculty prompted an outpouring analysis, “you see the role that the aim was worth risk- of unusually gushy praise, with colleagues that values play in the in- ing his life. Halbertal claims calling him “beloved,” “a dear man,” and terpretive process,” says that this kind of sacrificial “joyful and soulful.” Halbertal. transcendence is morally Halbertal’s extraordinary dedication One of Halbertal’s misguided. Legitimate moral and generosity may be the result of lessons most notable works is demands may, in some cases, learned from his father. Born in Montevi- the 1997 book People of require sacrifice, but sacrifice deo, Uruguay, he grew up trilingual. His the Book: Canon, Mean- can never legitimize action father, Meir, spoke Yiddish, his mother, ing and Authority (Har- that would not otherwise be Henya, was fluent in Hebrew, and both also vard University Press), legitimate. Thomas Nagel, who spoke Spanish. A Jew born in Poland, Meir in which he applied his leads the colloquium along with survived the Holocaust by fleeing to Rus- deep knowledge of Ronald Dworkin, says Halbertal’s sia. While much of his family perished, he religious thought to argument boils down to, “If violent spent time in a Siberian gulag and an or- modern questions. action is right, it’s right with- phanage, and escaped pogroms by joining “Part of Halbertal’s out sacrifice. If it’s wrong, distant relatives in Uruguay. There he met gift is that he man- sacrifice won’t make it right” and married Henya, an elementary school ages to reveal how and described the paper as a

AUTUMN 2008 41 faculty focus “lucid and original discussion of self-tran- “Rob fully understands the policy and about the different ways of leading our lives scendence and its pathologies.” political context in which trade decisions that came from this experience of other- Living and teaching across an ocean are made, and this sets him apart from ness around me,” he says. and a continent can take its toll. But true many academics in the international trade In 11th grade, after being removed from to form, Halbertal, who is divorced and the area,” says Susan Esserman, chair of the his history class for misbehavior, he was father of three daughters, focuses on the international department at D.C.-based put into an independent study. “I used this positive. Living in two nations, he says, is “a Steptoe & Johnson and a former deputy chance to study the themes that interested gift” that confers the ability to be comfort- U.S. trade representative. “He has a great me, including the religious versus the secu- able among different people and in differ- eye for emerging issues in the field, and he lar life,” he says. He came upon Strauss, one ent situations, and he is especially grateful is endlessly creative,” says Esserman, who of many figures who influenced his career. to share that with his children. “We have a has written with Howse for the Council on Howse entered the University of To- sense of the world not being a small place, Foreign Relations’ Foreign Affairs magazine ronto to study Straussian thought under which is a good thing,” Halbertal says. and The Financial Times. the philosopher (and soon to be best-sell­ “There is empowerment in exploring and He’s best known for cowriting The Reg- ing author) Allan Bloom. He graduated in seeing and contributing.” ulation of International Trade (Routledge, 1980 with a B.A. in philosophy and political 1995), a comprehensive look at the evo- science. When Bloom left for the Uni- lution of international trade versity of Chicago, Howse enrolled Robert Howse theory and policy, which there, hoping to earn a master’s included analysis of the degree. But Howse, who was po- lloyd c. nelson professor General Agreement on Tar- litically left-leaning, left Chicago of international law iffs and Trade and the World disillusioned after a few disagree- asked who was most influential in Trade Organization. ments with Bloom and his neocon- shaping his illustrious academic career, Currently, he’s juggling a servative followers. Professor Robert Howse ran down a list of number of projects. Hav- In 1982, he joined the people before answering with a “thing”— ing been the principal Canadian diplomatic the typewriter. trade expert for the service. “[There] I de- Howse had difficulty reading and writ- Renewable Energy veloped a fascination ing until about age nine, when he learned and International for law as a discourse how to form words on a typewriter based Law Project (a con- of diplomacy in inter- on the spatial organization of the keyboard. sortium with Baker national politics,” says “All of a sudden there was this great sense & McKenzie and Howse. As a member of liberation,” says Howse, who has since Yale University), he of the Policy Planning learned he is dyslexic. “The sense of em- recently attended Secretariat, Howse powerment from overcoming that kind of the first high-level worked on then- obstacle may have put me into overdrive.” policy meeting ex- Prime Minister Pierre An understatement indeed. clusively focused on Trudeau’s global Soon Howse was a voracious reader, climate change and peace initiative. And tackling serious literature. Though he still trade, organized by as the Canadian Cul- suffers from aspects of dyslexia—he can’t the Danish Ministry tural attaché in Bel- drive a car—he now reads Plato in the origi- of Foreign Affairs. He grade, he promoted nal Greek (albeit slowly), writes extensively is collaborating with Canadian rock-and-roll on 20th-century political philosophers Leo Ruti Teitel, Ernst C. Sti- while also working on the Strauss and Alexandre Kojeve, is an expert efel Professor of Compara- former Yugoslavia’s debt in international trade law, and has shaped tive Law at New York Law refinancing negotiations. public policy in issues ranging from human School, on a series of proj- He returned to the rights to global warming. “He’s a rare com- ects that analyze the debate University of Toronto, bination of somebody who knows interna- on globalization in relation to earning a law degree in tional trade and investment law in detail, the human rights revolution in 1989 and a master’s from yet he’s got a broad-ranging and creative international law. He’s writing Harvard in 1990. Howse intellectual outlook,” says Richard Stewart, a book tentatively called Re- started teaching at the Uni- the John Edward Sexton Professor of Law. hearing the Case of Leo Strauss. versity of Toronto, where Howse joined the faculty in June from the In 2004, he self-published he stayed until joining University of Michigan Law School, where Mozart: A Novel, and he’s cur- the University of Michi- he taught international law and legal and rently writing another piece gan Law School in 1999. political philosophy. A full-time academic, of fiction. He’s had a long-stand- he also has a high profile in public policy cir- Raised non-religious by ing relationship with cles—he writes prolifically and has advised parents of Protestant origin, NYU, which Howse is government agencies and international or- mainly in a predominantly ready to formalize. As ganizations, such as the Organisation for Orthodox Jewish neighbor- his research has moved Economic Co-operation and Development, hood of Toronto, he became increasingly in and the United Nations Office of the High fascinated with philosophy. the direction of Commissioner for Human Rights. “I had a sense of wonderment foundational

42 THE LAW SCHOOL faculty focus and conceptual questions in international lematic. “My key contribution was Kane entered Yale University in- law, “NYU has seemed the logical center,” to suggest that one could best un- terested in computer science, but he says, citing his interest in the history and derstand arbitrage transactions soon became enamored with phi- theory of international law program. More- not as planning opportunities for losophy. By sophomore year, he was over, his recent focus on climate change taxpayers, but rather as oppor- a philosophy major with a focus on and trade is an excellent fit with the Global tunities for governments, in their the philosophy of law—having read Administrative Law Project. On leave for responses to the transactions, Ronald Dworkin’s work—as well as the the fall, he’ll teach international in- to behave strategically in philosophy of criminal law. vestment law and the history and the- the battle to attract Graduating from Yale ory of international law in the spring. global capital flows,” in 1993, he enrolled in a Howse is undergoing a divorce, and he says. joint degree program at has no children. In keeping with his pub- Recently, Kane the University of Virginia, lic policy positions, he leads a consciously has cultivated an earning his J.D. in 1996, responsible lifestyle—biking and walking interest in the role and an M.A. in philoso- whenever possible and buying organic. “I of tax policy in phy in 1997. That same know from my research there are trade- promoting capital year he started prac- offs,” he says, “but overall, I think that the flows to the de- tice at the D.C. office result is greener than otherwise.”—J.F. veloping world. In of Covington & Burl- a working paper ing, splitting his time called “Bootstraps, between tax and litiga- Mitchell Kane Poverty Traps, and tion. Two weeks into his Poverty Pits: Tax Treaties first litigation case, he was professor of law as Novel Tools for Devel- given boxes of documents to even dutiful students tend to ap- opment Finance,” Kane review. “After the first two proach introductory tax law like they would proposes a financing tech- boxes, I begged to be put a bitter medicine: hoping to get done with nique that he says offers full-time into the tax group,” the distasteful task as fast as possible. But significant improvements he recalls, finding the men- when students of then-Visiting Professor over common sovereign tal gymnastics required to Mitchell Kane’s class last fall swallowed debt arrangements. Typi- puzzle through the tax code their first dose, they asked for more, fol- cally, countries that attract far more compelling than lowing him after class to a conference room foreign investors to build a “plowing through mounds of where he held court on the tax ramifica- plant or another business paper looking for a needle in tions of stock options. have the primary ability to a haystack.” Kane sees this general enthusiasm for tax any profits. These tax rev- Out to lunch one day with his the subject as natural. “This is a body of law enues are used to repay for- tax colleagues in 1999, he learned that tells you who’s going to pay for what. eign creditors, as well as for that his firm wanted to bring an That goes to the core of what a lot of people other purposes. Rather than associate to London. He raced care about,” he says. waiting for a payment from back to his office to call his Previously in private practice special- a country that might already wife, Jessica. “We adored liv- izing in international tax law, Kane joins be in debt, Kane proposes that ing abroad,” says Kane, whose the faculty this fall from the University of developed nations negotiate practice morphed into interna- Virginia School of Law, where he has taught treaties in which they trans- tional tax law during his three since 2003. “He’s one of the best junior tax fer capital now in exchange for years in London. scholars in the country, and clearly the best the primary right to tax income In 2002, after Kane re- in international tax, leaving aside a hand- streams in the future. Critics turned to the U.S., ful of people who are considerably more contend “they’re trading back a a mentor invited senior,” says Daniel Shaviro, Wayne Perry piece of their sovereignty,” says him to take a fel- Professor of Taxation. “Mitchell is thus po- Kane. But he argues, “It’s a sover- lowship at the University of Virginia. sitioned to be an important leader in the eign decision to raise money more He was offered a teaching position the field for decades to come, and I’m delighted effectively. By world standards, our tax and following year. “I was 32 when I started, that he’ll be here.” compliance system is a pretty good machine.” and the students didn’t look much younger Kane is best known for his 2004 piece, So why not leave the taxing up to us? than I did. It was incredibly intimidating,” “Strategy and Cooperation in National Re- Kane and his two siblings were raised in recalls Kane, who spent two months pre- sponses to International Tax Arbitrage,” Norfolk, Virginia, by their parents Peter, 70, paring his first three lectures. published in the Emory Law Journal. In- and Claudia, 64. An engineer by training, Pe- In addition to visiting in Fall 2007, ternational tax arbitrage refers to instances ter now owns a family bar/restaurant; Clau- Kane has attended NYU’s annual Collo- where taxpayers intentionally structure dia, who also owns a deli, was a food broker. quium on Tax Policy and Public Finance. transactions to take advantage of varia- A self-professed loner and nerd for most of “The energy of the place is incredible,” he tions in the tax laws across jurisdictions. his youth—in sixth grade he tackled Fyodor says. “There’s something about NYU where The academic debate about such arbitrage Dostoevsky’s The Brothers Karamazov—he I always feel like there’s 30 things going on had generally centered on the question of came out of his shell in 11th grade when he that I want to be doing. That kind of rich- whether such tax planning activity is prob- joined the school’s golf team. ness of faculty dialogue is very appealing.”

AUTUMN 2008 43 faculty focus Aside from working with his tax colleagues, kidney specialist, and his mom, Barbara, a After Rascoff spent two years practic- he hopes to rekindle his interest in phi- homemaker and perennial volunteer. An ing litigation at Wachtell, Lipton, Rosen & losophy by attending and presenting the independent thinker, fluent in Arabic and Katz, NYPD Commissioner Raymond Kelly Colloquium in Legal, Political and Social Hebrew, he specialized in Islamic studies recruited him to set up the intelligence Philosophy, run by Professors Dworkin, at Harvard. During college, he spent one analysis unit. “We relied on Sam Rascoff’s Liam Murphy and Thomas Nagel. summer working on the Pentagon’s Middle superb legal training, combined with his Having been a visiting professor at sev- East desk, another at the State Department. extraordinary knowledge and command of eral universities in the past two years, in- After graduating in 1996, he received a Mar- geopolitics, to create an intelligence ana- cluding Harvard and Columbia, Kane is shall Scholarship to do a second bachelor’s lyst program that has earned worldwide eager to settle down with Jessica and their degree at Oxford University where he stud- acclaim,” says Kelly. “He was personally children: Olivia, five, and Simon, two. Kane, ied philosophy, politics and economics. responsible for recruiting top notch talent who inherited recipes from his Alsatian Viewing the legal profession as “the priest- into the NYPD and did so with remarkable mother, does the cooking at home. “I’m the hood of American public servants,” he at- success.” Much of what Rascoff did there re- master of the one-pot, stick-to-your-ribs, tended Yale Law, graduating in 2001. mains confidential, but he is willing to say French country recipes,” he says.—J.F. Outgoing and charismatic, with flaming that his job ran the gamut, from monitoring red hair and a flair for dramatic outfits, cyberspace chat rooms to participat- Rascoff always stood out, recalls col- ing in operational activities. Samuel Rascoff lege and law school buddy Professor Rascoff is currently working on Jedediah Purdy of Duke University. an article entitled “National Secu- assistant professor of law “He does orange and pink well, and rity Federalism,” in which he ar- samuel rascoff is probably the only can carry off a bow tie,” he says. gues that state and local entities badge-carrying member of the New York In spring 2003, in between clerk- should play a larger role in setting City Police Department to leave that ships that included a year national security policy, espe- gritty world for NYU Law. The director of with Supreme Court cially with regard to coun- the NYPD’s 25-person intelligence analy- Justice David H. ter-terrorism. “National sis unit for the last two years, he had the Souter, Rascoff as- security so far has been heady responsibility of assessing the terror- sisted Ambassador relatively impervious to ist threat to the city, on call 24/7 whenever Bremer in Bagh- analysis through the a threat emerged. dad. Sleeping with lens of federalism,” A dedicated public servant who previ- 25 other people on he says. “But with ously worked for Ambassador Paul Bremer cots covered with counter-terrorism in setting up a transitional government in mosquito netting figuring promi- Iraq, Rascoff nonetheless sees joining NYU in the auxiliary nently in the secu- in June as a professor and faculty codirector kitchen of Saddam rity agenda, we’ve at the Center on Law and Security as a logi- Hussein’s Repub- come to appreciate cal move. “I firmly believe that shaping the lican Palace, he spent that local govern- American response to terrorism and creat- his days meeting with ment agencies, such as ing a new architecture for counter-terror- Iraqi officials and criss- police departments, will ism law is as much an act of public service crossing the country, talk- inevitably shoulder more as providing day-to-day assessments of ter- ing with everyday Iraqis. responsibility in combat- rorist threats,” says Rascoff. “Sam was one of a tiny ing today’s threats.” Rascoff’s specialty is national security number of advisors who Those who know law, with an emphasis on counter-terror- spoke Arabic and under- Rascoff predict he will ism law—a burgeoning field that examines stood the political context,” make an easy adjustment the sources, allocation and limits of gov- says Professor Noah Feld- to academia. “A lot of young ernment authority in protecting its citi- man of Harvard Law, who associates are fairly invis- zens from terrorist attacks. While elements was in Baghdad with him. ible. That never happened of national security law are relatively well- One day Feldman, Rascoff with Sam. Everybody knew established in the law school curriculum, and a couple of other advi- who he was,” says Meyer counter-terrorism law is still in its infancy. sors drove without an escort Koplow, executive partner “We see ourselves as a leader in this new into the Shiite areas south of at Wachtell, Lipton, Rosen area of law. Having him join our faculty will Baghdad to talk to Iraqi citi- & Katz, adding, “He’s go- be important as we move forward in that zens. “A couple of weeks later, ing to make a great pro- project,” says Dean Richard Revesz, who Muhammad Baqir al-Hakim fessor because he’s just so first glimpsed Rascoff’s scholarly abilities was killed by a car bomb in approachable.” when the two collaborated on a law review the same spot where we had Rascoff and his wife article about risk regulation in the fall of just stood,” recalls Feldman. Lauren, 29, a resident in 2001. “Even as a recent law school graduate, Rascoff describes his time obstetrics and gynecology, he had the ability, maturity and creativity there succinctly: “I had a live in the city. They both of a seasoned academic.” front row seat when con- frequent the opera, One of three siblings, Rascoff was raised sequential decisions were and occasionally in New Rochelle by his dad, Joel, a retired being made.” Rascoff finds time to

44 THE LAW SCHOOL faculty focus play golf. Rascoff, a cantor in his synagogue, could exclude gays. Yoshino classmates. By the time he received his also attends daily services and enjoys hav- also coauthored a key amicus J.D. in 1996, he was openly gay, yet he ing coffee afterward with two congregants, brief in Lawrence v. Texas, the acceded to his colleague’s covering one in his 70s; the other in his 80s. “I always 2003 case that struck down demands—to write about and teach hit it off with the older set,” he says.—J.F. sodomy statutes across the nongay topics—until he couldn’t dis- country. “He is a superb lawyer semble any longer. who has reshaped anti-discrim- He joined the Yale faculty af- Kenji Yoshino ination law by making us ter clerking for judge and understand how forcing former Yale Law School chief justice earl people to ‘cover’ dimin- Dean Guido Calabresi warren professor of ishes their authenticity of the U.S. Court of Ap- constitutional law and personhood,” says peals for the Second when kenji yoshino started teaching Yale Law School Dean Circuit. (He earned at Yale Law School, he recalls a well-mean- Harold Hongju Koh. tenure at Yale in 2003 ing colleague who offered him this advice: Yoshino also dis- and became the inau- “You’ll have an easier chance at getting closes in his book his gural Guido Calabresi tenure if you’re a homosexual professional own identity struggles. Professor of Law in than if you’re a professional homosexual.” As a first-generation 2006.) Also a deputy In other words, it was okay to be gay; just American, Yoshino felt dean for intellectual don’t flaunt it. uncomfortable assimi- life, he coordinated That counsel, which Yoshino eventually lating while growing the non-curricular rejected, helped inspire his award-win- up. His father, a profes- academic life of the ning work. Covering: The Hidden Assault sor at Harvard Business law school, such as On Our Civil Rights (Random House, 2006) School, and his mother, scheduling work- is a memoir that blends his personal iden- a homemaker, raised Yo- shops and student tity struggles as a gay, Japanese American shino and his older sister fellowships. with legal arguments in order to question in a suburb of Boston. Yo- Currently, Yoshino is whether assimilation is always beneficial. shino attended Phillips Ex- working on an article called “We have a deep-seated belief as Americans eter Academy, and he and “The New Equal Protection,” that we all should melt into the pot,” says his sister spent summers in in which he proposes shift- Yoshino, a visiting professor for two years Japan attending public ing the legal paradigm from who joined NYU Law in July. “But if the de- school “to inhabit a Japanese group-based equality to one mand for conformity is itself illegitimate, body—to rise, to straighten, that protects liberty for all. then assimilation is a symptom of discrimi- and to bow: to sit ramrod He argues that the same- nation rather than an escape from it.” straight in my high collared sex marriage debate, for In Covering, Yoshino discusses three uniform,” he writes. instance, should be framed stages of coming out: “conversion,” “pass- His parents would tell Yo- not as the right of gays to be ing” and “covering.” The latter two terms shino and his sister to be “100 equal to straights but as the are adopted from the work of sociologist percent American in America, right of all people to marry Erving Goffman. Conversion is the period and 100 percent Japanese in the person they love. in which a gay individual longs to become Japan.” He says his sister, who His English lit back- straight. Passing is the phase in which a gay now lives in Tokyo, as do ground continues to shine individual has accepted his homosexual- his parents, perfected through Yoshino’s work. ity, but hides it from society. And covering these independent NYU University Profes- is a more subtle demand for assimilation, cultural identities in a way he never could. sor Carol Gilligan, who in which the individual is openly gay but “I think in many ways my exposure to an ex- cotaught a Shakespeare feels pressured not to “flaunt.” Covering is tremely conformist culture in Japan fueled seminar with Yoshino, says: “You can’t as much an assault on a gay individual’s my understanding of assimilation long be- read [Covering] without being stunned by civil rights as the 1981 case in which an fore I had any consciousness of being gay,” the sheer poetry of his writing.” Drawing African-American woman was fired by Yoshino explains. on his seminar with Gilligan, Yoshino is American Airlines for wearing her hair in Until he was a young adult, he says he writing a book tentatively called Shake- cornrows, Yoshino says. “His work gave was stuck in the “conversion” stage. After speare’s Law, in which he pairs five sets of us new categories for thinking about the graduating summa cum laude with a de- Shakespeare’s plays to show how the Bard types of discrimination that are relatively gree in English literature from Harvard argues both sides of fundamental ques- invisible to most people,” says David Go- in 1991, he earned a Master of Science in tions of justice. love, Hiller Family Foundation Professor of management studies at Oxford in 1993, on Yoshino, meanwhile, is eager to settle Law. “He’s had a major impact within con- a Rhodes Scholarship. While at Oxford, in at NYU. “It’s important for people at stitutional and discrimination law.” In fact, though, he says, “I routinely went to the col- some point to get away from their teachers, Supreme Court Justice John Paul Stevens lege chapel and prayed to the god I didn’t in the same way that you break from your used Yoshino’s arguments, in part, to fash- believe in to be straight.” At 22, he came out parents,” says Yoshino. “I came for the city, ion a dissent from the Court’s 2000 major- to his parents, but when he attended Yale then I stayed for the school. I really fell in ity ruling that the Boy Scouts of America Law, he continued to “pass” as straight to love with this institution.”—J.F.

AUTUMN 2008 45 faculty focus Revesz’s Recruits: A Professorial Pop Quiz New Hires (2002-08) by jennifer frey 15 Who was admitted to practice in New Zealand’s Supreme Court, turned down 1 Scott Turow based a character on this two Oxford chairs and left Columbia Law Emmy winner who had his own TV show and for NYU Law? left Harvard Law for NYU after 35 years. 16 Who sang opera wearing a black gown, 2 Who recently flew to Amsterdam to see Jennifer Oren Rachel a purple feather mask and stilettos last Leonard Cohen in concert? Hint: Barack Arlen Bar-Gill Barkow spring? Hint: This former Supreme Court Obama used his textbook to teach his class clerk is an expert in labor law. at the University of Chicago. 17 What Guggenheim Fellow helped found 3 What Argentinean turned her passion for positive political thinking and worked his virtual buying into research, and her passion way through college as an accountant by for chocolate into what is destined to be- day, and a sax player by night? Lily Stephen Kevin come a popular annual tasting for students? Batchelder Choi Davis 18 Who drafted an ethics code for the Israeli 4 He’s shy (but loves teaching), is an expert army, is an expert in Jewish philosophical in international tax arbitrage, and once slept thought and is equally comfortable in Israel right through his stop on an Italian train, and the United States? waking up in Verona. 19 Already a U Thant Scholar as a high 5 She avoids Chilean sea bass because it’s Cynthia John Moshe schooler, she won a human rights award Estlund Ferejohn Halbertal endangered, read in French before English, from India’s Supreme Court for her tireless and studied under Dean Revesz at Yale. efforts to improve conditions for Dalits. 6 What Arabic- and Hebrew-speaking 20 What Rhodes Scholar and language Marshall Scholar helped set up a transitional rights expert clerked for the Supreme Court, government in Iraq and ran an intelligence and auctioneered at the Public Service analysis unit of the NYPD? Roderick Robert Daniel Auction? Hint: She also talks fast in class. Hills Jr. Howse Hulsebosch 7 This “walking encyclopedia” once grew 21 Whose award-winning book is required a 1 1/2–pound tomato, studied chemical en- reading at two Southern universities, and gineering, and switched to law after hearing was once referenced by Supreme Court Supreme Court Justice Antonin Scalia speak. Justice John Paul Stevens? 8 Who edited his college newspaper and 22 Who was a former clerk for conser- considered pursuing a journalism career Samuel Mitchell Deborah vatives Judge Laurence Silberman and Issacharoff Kane Malamud before becoming a legal historian? Supreme Court Justice Antonin Scalia, 9 Who once lived on a commune in and worked on John Kerry’s and Barack Woodstock, NY, was on the Harvard Crimson, Obama’s presidential campaigns? and worked as a reporter before earning her 23 What international economic lawyer, J.D. and a Ph.D. in economics? novelist and former Canadian diplomat Florencia Troy Arthur 10 What Guggenheim and NEH fellow ran barged uninvited into University of Chicago Marotta-Wurgler McKenzie Miller a program at UC Berkeley modeled after seminars as a philosophy student, deter- NYU’s law and philosophy colloquium, and mined to hear Saul Bellow lecture? is a witty roast master to boot? 24 Who banned laptops in her class, sings 11 Once a rebellious punker, this RTK scholar to her students, testified on the Hill, just quit clerked at the International Court of Justice, playing softball at age 50 and came to NYU Smita Samuel Cristina speaks Kreyol and brought students to Law from its uptown rival? Narula Rascoff Rodríguez Yemen to investigate human rights abuses. 25 What one-time biochemistry major has 12 Who won funding to put his course over 40 published articles and wrote the first online, dreamed of becoming a scientist in casebook to include a hypothetical based on his teens, and got his J.D. when his peers Martha Stewart’s legal troubles? were still toiling as mere undergrads? 26 Who broke up fights in a soup kitchen as Margaret Samuel Catherine 13 Who earned four advanced degrees a social worker, managed a state senator’s Satterthwaite Scheffler Sharkey after his J.D., lawyered for the Israeli army, reelection campaign and left a tax practice and publishes about three articles yearly? at Skadden, Arps for NYU? 14 What Rhodes Scholar (who came to 27 Who ate in the White House kitchen NYU from Columbia Law) played goalie and during his childhood, and, before coming to became captain of the Yale Varsity lacrosse NYU, had to find a new home for Reflector, Jeremy Katrina Kenji team, winning MVP twice? his horse, as well as a brood of chickens? Waldron Wyman Yoshino

1 Arthur Miller 2 Samuel Issacharoff 3 Florencia Marotta-Wurgler ’01 4 Mitchell Kane 5 Katrina Wyman 6 Samuel Rascoff 7 Troy McKenzie ’00 8 Daniel Hulsebosch 9 Jennifer Arlen ’86 10 Samuel Scheffler 11 Margaret Satterthwaite ’99 12 Kevin Davis 13 Oren Bar-Gill 14 Catherine Sharkey 15 Jeremy Waldron 16 Deborah Malamud 17 John Ferejohn 18 Moshe Halbertal 19 Smita Narula 20 Cristina Rodríguez 21 Kenji Yoshino 22 Rachel Barkow 23 Robert Howse 24 Cynthia Estlund 25 Stephen Choi 26 Lily Batchelder 27 Roderick Hills Jr.

46 THE LAW SCHOOL faculty focus sara sun beale Visiting Faculty Sara Sun Beale will teach Criminal Law when she visits NYU in Spring 2009 from Duke University, where she is the Charles L.B. Lowndes Professor of Law. Her schol- arship encompasses the federal criminal justice system, federal procedural law, cor- porate criminal liability and the political and psychological forces influencing crimi- nal justice policymaking. Beale is the coauthor of Federal Crimi- albert alschuler josé alvarez nal Law and Its Enforcement (2006, fourth Albert Alschuler will teach criminal law dur- The Hamilton Fish Professor of Inter- edition), Federal Criminal Law and Related ing his Spring 2009 visit from Northwestern national Law and Diplomacy as well as Civil Actions: Forfeitures, the False Claim University School of Law. He also plans to founder and executive director of the Cen- Act, and RICO (1998) and Grand Jury Law work on two articles. The first, “The Exclu- ter on Global Legal Problems at Columbia and Practice (1997, second edition). She sionary Rule and Causation,” concerns the Law School, José Alvarez will teach Foreign has published arti- uncovering of evidence through unlaw- Investment: Law and Policy and The United cles in the Colum- ful searches, while “The Miranda Disaster” Nations and Other International Organiza- bia Law Review, the concerns the failure of Miranda rights to tions while visiting NYU in Fall 2008. Duke Law Journal, halt police interrogation abuses and rec- The author of International Organiza- the Fordham Law ommends that the tions as Law-Makers (2005), Alvarez has Review, the Michi- courts revisit the been published in journals including the gan Law Review underlying issues Columbia Law Review, the Duke Law Jour- and the Texas Law that gave rise to nal, the Michigan Law Review, the New York Review. Beale is the Miranda rights University Journal of reporter for the Judicial Conference Advi- in the first place. International Law sory Committee on Criminal Rules, and was Alschuler will also and Politics and the also reporter for the Three Branch Working engage in a long- Yale Journal of Inter- Group on the Principles to Govern the Fed- term project con- national Law. Much eralization of Criminal Law, convened by cerning two common fallacies in legal of Alvarez’s schol- then-Attorney General Janet Reno. thought that lawyers should guard against, arship and teach- After earning her J.D. from the Univer- and which argues that both empirical and ing focuses on the sity of Michigan, Beale was an associate moral knowledge hinge on perceived pat- post-World War II at Dykema, Gossett, Spencer, Goodnow & terns in sensory experience. turn to international institutions. He previ- Trigg in Detroit. She subsequently clerked The author of Law Without Values: The ously taught at the University of Michigan for Judge Wade H. McCree Jr. of the U.S. Life, Work and Legacy of Justice Holmes Law School, where he directed the Center Court of Appeals for the Sixth Circuit, (2000) and the coauthor of The Privilege for International and Comparative Law, and worked as an attorney adviser in the U.S. Against Self-Incrimination: Its Origins and George Washington University Law School. Department of Justice’s Office of Legal Development (1997), Alschuler has pub- Alvarez earned a J.D. from Harvard Law Counsel and served as assistant to the Jus- lished articles in journals including the School, where he was topics editor of the tice Department’s solicitor general. Beale Columbia Law Review, the Harvard Law Harvard International Law Journal. He sub- is past senior associate dean for academic Review, the Michigan Law Review, the Stan- sequently clerked for the late Judge Thomas affairs at Duke University School of Law. ford Law Review and the Yale Law Journal. Gibbs Gee of the U.S. Court of Appeals for He was the Julius Kreeger Professor of Law the Fifth Circuit, and was an attorney at barton beebe and Criminology at the University of Chi- Shea & Gardner with an appellate litigation A professor at Yeshiva University’s Ben- cago, and has also taught at the University and administrative law practice before serv- jamin N. Cardozo School of Law, Barton of Colorado Law School, the University of ing as an attorney adviser in the U.S. Depart- Beebe will teach trademark law and the Pennsylvania Law School and the Univer- ment of State’s Office of the Legal Adviser. seminar Intellectual Property Law and Glo- sity of Texas School of Law. Alvarez is currently president of the Ameri- balization during Alschuler earned a J.D. from Harvard can Society of International Law, with which his Fall 2008 visit to Law School, where he was case editor of he has a longstanding involvement, and a NYU. He will also the Harvard Law Review. He subsequently member of the Council on Foreign Relations research copyright clerked for Justice Walter V. Schaefer of the and the U.S. Department of State’s Advisory fair-use case law, Illinois Supreme Court, worked as special Committee on Public International Law. He write an essay on assistant to the assistant attorney general founded two public speaker series at Colum- intellectual prop- of the U.S. Department of Justice’s Criminal bia Law School, one on public international erty law understood Division, and was a Guggenheim Fellow. law and the other on challenges in global as a form of sumptu- Alschuler has taught criminal law, crimi- governance, and has served on numer- ary law and study the concept of similarity nal procedure, constitutional law, feminist ous boards and committees, including the in intellectual property law. Of the latter legal theory and professional responsibility, advisory board of Columbia Law School’s topic, Beebe says, “So much of intellectual among other subjects. Human Rights Institute. property law turns on judges’ assessments

AUTUMN 2008 47 faculty focus of similarity—is the defendant’s trademark Desai is the author of International Law Review. She clerked for Judge Guido or copyrighted work unduly similar to the Finance: A Casebook (2006), and has pub- Calabresi of the U.S. Court of Appeals for plaintiff’s?—but the doctrine itself offers lished articles in the Brookings Papers on the Second Circuit, and for Justice Stephen very little guidance on how judges should Economic Activity, the Journal of Finance, Breyer of the U.S. Supreme Court. go about making these assessments.” the National Tax Journal, the Quarterly Goluboff received a J.D. from Yale Law Beebe has been published in the Califor- Journal of Economics and the Review of School, where she was senior editor of the nia Law Review, the Michigan Law Review, Financial Studies, along with the Financial Yale Law Journal, and earned both an M.A. the Pennsylvania Law Review, the UCLA Times, the Harvard Business Review and the and a Ph.D. in history from Princeton Uni- Law Review and the Yale Law Journal. He Times of India. versity. As a Fulbright Scholar, she lectured has a Ph.D. in English from Princeton Uni- Desai is a research associate at the in sociology at the University of Cape Town versity and a J.D. from Yale Law School, National Bureau of Economic Research, a in South Africa, and won the Amy Biehl Ful- where he was senior editor of the Yale Law nonprofit research organization, where he bright Award as the highest-ranked Fulbright Journal. After law school, Beebe clerked for codirects the India Working Group. He was Scholar in Africa. In a 2007 article in the Vir- Judge Denise Cote of the U.S. District Court a financial analyst ginia Journal, Goluboff said, “Teaching law of the Southern District of New York. He at CS First Boston. students about constitutional law and civil was a special master in the trademark case He has testified rights gives me an opportunity to shape their Louis Vuitton Malletier v. Dooney & Bourke, before the U.S. Sen- understanding not only of the law but also of Inc. (2006). Beebe has taught trademark law ate’s Committee on the relationship between the law and larger and copyright law in addition to intellec- Homeland Security political and social questions.” tual property and globalization. and Governmen- tal Affairs, the U.S. kristin henning adam cox House Committee Kristin Henning is an associate professor Adam Cox, an assistant professor at the Uni- on Ways and Means, and the President’s and deputy director of the Juvenile Justice versity of Chicago Law School, will teach Advisory Panel on Federal Tax Reform on Clinic at Georgetown University Law Cen- Immigration Law and the Rights of Non- the issues of tax treatment of stock options, ter. When she visits NYU in Spring 2009, citizens in Fall 2008. the corporate tax, and taxation and global she will coteach the Juvenile Defender He will also work on competitiveness. In his House testimony, Clinic with Profes- a number of projects, Desai pointed out problems with the cor- sor Randy Hertz, including an empir- porate taxation reporting system. and Civil Litigation ical paper about the “While individuals are not faced with with Professor Paula transformation of this perplexing choice of how to char- Galowitz. voting rights litiga- acterize their income depending on the Henning was tion as well as papers audience,” he said, “corporations do find previously the lead on the organizing themselves in this curious situation. Dual attorney of the Pub- principles of immigration law, immigrant books for accounting and tax purposes are lic Defender Ser- voting rights and the institutional design of standard in corporate America and, judg- vice for the District of Columbia’s Juvenile immigration law, and the role of the presi- ing from recent analysis, are the province Unit. She serves on the oversight and advi- dent in immigration law. of much creative decision-making.” sory committees of the D.C. Department Cox has been published in the California Desai received an M.B.A. and a Ph.D. in of Youth Rehabilitation Services, as well Law Review, the Columbia Law Review, the political economy from Harvard University, as the boards and committees of several New York University Law Review, the Stan- and was a Fulbright Scholar in India. family and juvenile law organizations. She ford Law Review, the University of Chicago has published articles in the California Law Law Review and the Virginia Law Review. risa goluboff Review, the Nevada Law Journal, the New After earning a J.D. from the University of While visiting NYU in Fall 2008, Risa Gol- York University Law Review and the Notre Michigan Law School, where he graduated uboff, a professor of law and history at the Dame Law Review. first in his class and was articles editor of University of Virginia, will teach Constitu- The recipient of the 2008 Shanara Gil- the Michigan Law Review, Cox clerked for tional Law and work on scholarship pertain- bert Award from the Association of Ameri- Judge Stephen Reinhardt of the U.S. Court ing to the Supreme Court, vagrancy law and can Law Schools’ Section on Clinical Legal of Appeals for the Ninth Circuit. He was social movements in Education, which honors emerging clini- subsequently a Karpatkin Civil Rights Fel- the 1950s, ’60s and cians, Henning traveled to Liberia in 2006 low at the American Civil Liberties Union ’70s. In addition to and 2007 in coordination with the Ameri- Foundation and an associate at Wilmer, constitutional law, can Bar Association and the United Nations Cutler & Pickering in New York. she teaches civil Children’s Fund on a juvenile justice reform rights litigation and mission. Henning earned a J.D. from Yale mihir desai legal history. Law School and an LL.M. from Georgetown. Mihir Desai, professor at Harvard Business The coeditor of “In my work, I have met many wonderful School, will research corporate taxation Civil Rights Stories young people who make poor decisions in and governance, particularly the concept (2008) and the author of The Lost Promise of response to very challenging life circum- oda Baer of recentering the corporate tax on public Civil Rights (2007), Goluboff has published stances,” says Henning. “Few—if any—of financial statements, while visiting NYU in articles in the Duke Law Journal, the UCLA these children are hardened criminals who Spring 2009. He will also be in residence Law Review, the University of Pennsylvania cannot be rehabilitated. I hope to make a dif-

in Fall 2008. Law Review and the University of Toledo ference in the lives of many of these youth.” Kristin Henning: Rh

48 THE LAW SCHOOL faculty focus michael pinard Terror in the Balance: Security, Liberty and associate at Morrison & Foerster in San A professor at the University of Maryland the Courts (2007), New Foundations of Cost- Francisco, and continues to serve as spe- School of Law, Michael Pinard ’94 will teach Benefit Analysis (2006) and The Limits of cial counsel to the firm. the Offender Reentry Clinic when he visits International Law NYU during the 2008-09 academic year. He (2005); editor of richard schragger will also work on an article comparing the Social Norms, Non- When he visits NYU in Fall 2008, Richard collateral consequences of criminal con- legal Sanctions, and Schragger, the Class of 1948 Professor in victions and the reentry of formerly incar- the Law (2007) and Scholarly Research in Law at the University cerated individuals in the United States to Chicago Lectures in of Virginia School the experience of former prisoners in Eng- Law and Economics of Law, will teach land, Canada and South Africa. Another (2000), and coeditor Property and work article-in-progress argues that judges of Cost-Benefit Anal- on projects con- should consider the effects of sentences on ysis: Legal, Philosophical, and Economic cerning federalism, a defendant’s family and community. Perspectives (2001). He has been published urban economic Pinard has published articles in the Ari- in the Columbia Law Review, the Harvard development and zona Law Review, the Boston University Law Law Review, the Michigan Law Review, the the constitutional Review, the Connecticut Law Review, the Stanford Law Review and the Yale Law Jour- and economic status Nevada Law Journal and the New York Uni- nal. He also is the editor of the Journal of of cities—including a paper on municipal versity Review of Law & Social Change. He is Legal Studies. efforts to control, regulate and redistribute coeditor-in-chief of the Clinical Law Review After earning a J.D. from Harvard Law mobile capital. and president of the School and an M.A. in philosophy from Yale Schragger has published articles in the Clinical Legal Edu- University, Posner clerked for Judge Stephen Harvard Law Review, the Journal of Law & cation Association. F. Williams of the U.S. Court of Appeals for Politics, the Michigan Law Review, the Vir- Pinard was a Rob- the District of Columbia Circuit. He subse- ginia Law Review and the Yale Law Journal. ert M. Cover Clini- quently served as an attorney adviser in the He was an associate at Miller, Cassidy, Lar- cal Teaching Fellow U.S. Department of Justice’s Office of Legal roca & Lewin in Washington, D.C. Schrag- at Yale Law School, Counsel and taught at the University of ger earned an M.A. in legal and political taught at St. John’s Pennsylvania Law School. Posner testified theory from University College London. University School of before the U.S. House of Representatives’ After receiving a J.D. from Harvard Law Law, and worked as a staff attorney at the Committee on the Judiciary concerning the School, where he was supervising editor of Office of the Appellate Defender and the Bankruptcy Reform Act of 1999. the Harvard Law Review, Schragger clerked Neighborhood Defender Service of Harlem, for Chief Judge Dolores Sloviter of the U.S. both in New York City. r. anthony reese Court of Appeals for the Third Circuit. His Pinard serves on the executive com- R. Anthony Reese, the Arnold, White & teaching interests include local govern- mittee of the Public Justice Center in Bal- Durkee Centennial Professor of Law at the ment law, land use, urban law and policy, timore, the advisory committees of John University of Texas at Austin, will visit the constitutional law and church and state. Jay College of Criminal Justice’s Prisoner NYU School of Law in Spring 2009 to teach Reentry Institute in New York City and the Copyright Law. christopher serkin Maryland Reentry Partnership in Balti- Reese has published articles in the Christopher Serkin will teach a course on more, and the board of directors of the Jobs Journal of World Intellectual Property, the land use and coteach the Colloquium on Opportunities Task Force in Baltimore. He Stanford Law Review and the Texas Law the Law, Economics and Politics of Urban earned a J.D. from the NYU School of Law, Review, among other publications. He is Affairs when he visits the NYU School of and received the Shanara Gilbert Award for the coauthor, with Law in Spring 2009 from Brooklyn Law emerging clinicians in 2006 from the Asso- Paul Goldstein, of School, where he is an associate profes- ciation of American Law Schools’ Section the new edition sor. He also plans to on Clinical Legal Education. of Copyright, Pat- work on a number of ent, Trademark and articles as part of a eric posner Related State Doc- project concerning Eric Posner, the Kirkland & Ellis Professor trines (2008, sixth the constitutional of Law at the University of Chicago, will edition), and coau- protection of private teach Contracts during his Fall 2008 visit, thor as well of the property, includ- and also work on a book concerning the casebook Internet Commerce: The Emerging ing the question of legal ramifications of climate change, an Legal Framework (2006). He has recently why current uses of empirical project on state judiciary qual- joined Jane Ginsburg and Robert Gorman property receive stronger protections than ity in collaboration with Professor Stephen as coauthor of their casebook Copyright potential future uses as well as the effect of Choi, and a project on evolving constitu- (2007, seventh edition). those protections on the investment incen- tional law. Before law school, Reese taught English tives of property owners. Posner is the author of The Recurrent for the Yale-China Association in Tianjin Serkin has been published in the Colum- Illusion: Global Legalism and Interna- and Hunan. He earned his J.D. from Stan- bia Law Review, the Indiana Law Review, tional Relations (2009, forthcoming) and ford Law School and clerked for Judge Betty the Michigan Law Review, the Michigan Law and Social Norms (2000); coauthor of B. Fletcher of the U.S. Court of Appeals for State Law Review, the New York University Climate Change Justice (2009, forthcoming), the Ninth Circuit. He also worked as an Law Review and the Northwestern University

AUTUMN 2008 49 faculty focus Law Review. He worked as a litigation asso- Circuit, Judge Louis H. Pollak of the U.S. ciate at Davis Polk & Wardwell in New York, District Court for the Eastern District of Multi-year and was subsequently an acting assistant Pennsylvania, and Justice Antonin Scalia Returning Faculty professor in the NYU School of Law’s Law- of the U.S. Supreme Court. yering Program. alan auerbach After receiving a J.D. magna cum laude philip weiser Alan Auerbach is the Robert D. Burch Pro- from the University of Michigan Law School, Philip Weiser ’94 will teach Telecommu- fessor of Economics and Law at the Uni- where he was articles editor of the Michi- nications Law and Policy as well as the versity of California, Berkeley, where he gan Law Review, Serkin clerked for Judge Law and Innovation seminar when he vis- directs the Burch Center for Tax Policy J. Garvan Murtha of the U.S. District Court its in Fall 2008. At the University of Colo- and Public Finance. for the District of Vermont, and Judge John rado Law School, Weiser is associate dean He will coteach the M. Walker Jr. of the U.S. Court of Appeals for for research, and founder and executive Tax Policy Collo- the Second Circuit. At Brooklyn Law School director of Silicon Flatirons Center for quium with Profes- he has taught in the areas of property, land Law, Technology, and Entrepreneurship, sor Daniel Shaviro use, and trusts and estates. which focuses on technology policy issues when he visits the and technology NYU School of Law howard shelanski law. He special- in Spring 2009, During his Spring 2009 visit to the NYU izes in antitrust law, and also plans to School of Law , Howard Shelanski, a profes- constitutional law, continue his research in corporate taxa- sor and associate dean at the University of intellectual prop- tion, budget rules and their design, capi- California, Berkeley, School of Law and an erty, Internet law tal gains taxation and unfunded social affiliated faculty member of Berkeley’s Haas and telecommuni- security systems. School of Business, cations law. While Auerbach is a research associate at the will teach antitrust at NYU, Weiser National Bureau of Economic Research, law and a seminar plans to work on a scholarly project tenta- and was deputy chief of staff of the U.S. on antitrust in high tively titled “Ending the Reign of Lawless- Joint Committee on Taxation. He has taught technology markets. ness and Disorder at the FCC,” examining economics at Harvard University and at Shelanski, who is alternative institutional strategies for tele- the University of Pennsylvania, where he codirector of the communications regulation in the Internet chaired the economics department; he also Berkeley Center for age. “The project will focus on the defects chaired that department at Berkeley. Law and Technol- in the Federal Communications Commis- A former member of the U.S. Congres- ogy, also plans to spend time working on sion’s current management of its notice sional Budget Office’s Panel of Economic a book concerning the current debate over and comment rulemaking processes,” says Advisors and the U.S. Joint Committee how merger enforcement should proceed in Weiser, “highlighting both how it under- on Taxation’s Blue Ribbon Advisory Panel industries that are characterized by rapid mines rule of law values and is ill suited to on Dynamic Scoring, Auerbach currently technological change, and an article on the regulating an increasingly dynamic tech- serves on the International Tax Policy relationship between antitrust enforce- nological environment.” He will also serve Forum’s Board of Academic Advisors and ment and industrial regulation. as interim director of NYU’s Information the Advisory Committee of the U.S. Depart- Shelanski is the coauthor of Antitrust Law Institute. ment of Commerce’s Bureau of Economic Law, Policy, and Procedure: Cases, Mate- Weiser is the coauthor of Telecommu- Analysis. He was editor of the Journal of rials, Problems (2008, sixth edition, forth- nications Law and Policy (2006, second Economic Perspectives and now edits the coming) and coeditor of Antitrust and edition) and Digital Crossroads: American American Economic Journal: Economic Regulation in the EU and US (2008, forth- Telecommunications Policy in the Internet Policy, both publications of the American coming). He has also published articles Age (2005). He has published articles in Economic Association, of which he has in the Berkeley Technology Law Journal, journals such as the Columbia Law Review, been vice president. the California Law Review, the Columbia the Fordham Law Review, the Michigan Auerbach has edited, coedited and Law Review, the University of Chicago Law Law Review, the New York University Law coauthored numerous books, including Review and the Yale Journal on Regulation, Review and the Texas Law Review. Institutional Foundations of Public Finance: among other publications. He has been senior counsel to the assis- Economic and Legal Perspectives (2009, Shelanski has served as chief economist tant attorney general of the U.S. Depart- forthcoming), Taxing Corporate Income in at the Federal Communications Commis- ment of Justice’s Antitrust Division, and the 21st Century (2007) and Macroeconom- sion and senior economist on the Presi- testified before the U.S. Senate Committee ics: An Integrated Approach (1998, second dent’s Council of Economic Advisers. He on Commerce, Science and Transportation; edition). He has published articles in the was previously working as an associate the Federal Trade Commission; and the U.S. American Economic Review, the Brookings with a telecommunications, antitrust and House of Representatives Committee on Papers on Economic Activity, the Harvard general litigation practice at Kellogg, Huber, Energy and Commerce. He also served as Business Review, the Harvard Law Review Hansen, Todd & Evans in Washington, D.C. special master to the Colorado Public Utili- and the National Tax Journal. After receiving an M.A. and Ph.D. in eco- ties Commission. A Ph.D. graduate in economics from nomics and a J.D. from the University of Weiser received a J.D. from NYU Law, Harvard University, Auerbach has con- California, Berkeley, Shelanski clerked for and subsequently clerked for U.S. Supreme sulted for the Congressional Budget Office, Judge Stephen F. Williams of the U.S. Court Court justices Byron R. White and Ruth the International Monetary Fund, the New of Appeals for the District of Columbia Bader Ginsburg. Zealand Treasury, the Organisation for

50 THE LAW SCHOOL faculty focus Economic Co-operation and Development, He is also writing a book on the politics of and Econometric Models and Economic the Ministry of Finance, the U.S. Treasury, Supreme Court nominations. Forecasts (2000, fourth edition). Rubinfeld the World Bank and other organizations. Before joining the Princeton faculty, is a former deputy assistant attorney for the Cameron served as director of the M.P.A. Antitrust Division sir john baker program at Columbia University’s School of the U.S. Depart- A leading authority on the development of International and Public Affairs, where ment of Justice, a of English legal institutions, Sir John he was a tenured professor in the Depart- past president of the Baker will teach a course on the legal his- ment of Political Science. Cameron holds American Law and tory of England in an M.P.A. and a Ph.D. from Princeton’s Economics Associa- Fall 2008. He is the Woodrow Wilson School of Public and tion, and a fellow of Downing Professor International Affairs. the American Acad- of the Laws of Eng- emy of Arts and Sci- land at Cambridge richard epstein ences and the National Bureau of Economic University. Richard Epstein, who will make his fourth Research. He has both an M.S. and a Ph.D. In addition to visit to campus in Fall 2008, is known for in economics from M.I.T. his appointment his research and writings on a broad range as a Senior Golieb of constitutional, economic, historical and peter schuck Fellow at the Law School, Sir John has philosophical subjects. At the University of During his Spring 2009 visit to NYU, Peter also been a Hauser Global Law professor, Chicago Law School, where he is the James Schuck (LL.M. ’66) will teach advanced a fellow of the British Academy and a fel- Parker Hall Distinguished Service Profes- torts and the seminar Groups, Diversity low of St. Catharine’s College, Cambridge sor of Law, he has taught antitrust, com- and Law. He will also conduct research on University. munications, constitutional, criminal, topics including student suspensions from The author of more than 25 books and health, labor and Roman law; contracts; the New York City school system and the 100 articles, Sir John is the general editor jurisprudence; pat- law and politics of inefficiency. of the Oxford History of the Laws of Eng- ents; property, and The Simeon E. Baldwin Professor of land and the Cambridge Studies in English torts, to name a few Law and former deputy dean at Yale Law Legal History. He has held positions at Yale subjects. He will School, Schuck is the author, coauthor, edi- and Harvard law schools, the Huntington teach Torts dur- tor or coeditor of numerous books, includ- Library, the University of Oxford and the ing his visit to the ing Understanding America: The Anatomy European University Institute in Florence. Law School. of an Exceptional Nation (2008), Target- He was knighted in June 2003 for his signifi- Epstein is the ing in Social Pro- cant contributions to the study of English Peter and Kirstin grams: Avoiding legal history. Sir John holds an LL.B. and Bedford Senior Fellow at Stanford Universi- Bad Bets, Removing Ph.D. from University College London, and ty’s Hoover Institution on War, Revolution Bad Apples (2006), an M.A. and LL.D. from Cambridge. and Peace. A former editor of the Journal Meditations of a of Law and Economics and the Journal of Militant Moderate: charles cameron Legal Studies, he now directs Chicago’s Cool Views on Hot Charles Cameron, a prize-winning scholar John M. Olin Program in Law and Eco- Topics (2006), Foun- of American politics, returns to the NYU nomics. Among his books are Overdose: dations of Adminis- School of Law from Princeton Univer- How Excessive Government Regulation trative Law (2004, second edition), Diversity sity, where he is a professor of politics and Stifles Pharmaceutical Innovation (2006), in America: Keeping Government at a Safe public affairs. Cameron will visit the Law How Progressives Rewrote the Constitution Distance (2003), Citizens, Strangers, and School during the 2008-09 academic year; (2006) and Supreme Neglect: How to Revive In-Betweens: Essays on Immigration and in Spring 2009 he will teach Political Envi- Constitutional Protection for Private Prop- Citizenship (1998), Tort Law and the Pub- ronment of the Law. erty (2008). Epstein earned an LL.B. from lic Interest: Competition, Innovation, and Cameron’s research focuses on politi- Yale University. Consumer Welfare (1991) and Agent Orange cal institutions and policymaking, and his on Trial: Mass Toxic Disasters in the Courts writing has appeared in journals of political daniel rubinfeld (1987). He has published articles in journals science, economics Daniel Rubinfeld, the Robert L. Bridges including the Columbia Law Review, the and law. His recent Professor of Law and Professor of Econom- Fordham Law Review, the Michigan Law work includes game ics at the University of California, Berke- Review, the Stanford Law Review and the theoretic models of ley, will return in Fall 2008 for his seventh Yale Law Journal. bargaining on col- visit to NYU. Rubinfeld will be teaching Schuck earned a J.D. from Harvard Law legial courts and Quantitative Methods and Antitrust Law School, an LL.M. from NYU and an M.A. in a formal theory of and Economics. government from Harvard University, and judicial federalism, A leading law and economics scholar, has had Guggenheim and Fulbright fellow- as well as empiri- Rubinfeld has written articles on antitrust ships. After practicing law privately in New cal analyses of the “macropolitics” of the and competition policy, law and econom- York City, he served as director of Consum- U.S. Supreme Court; the effects of race and ics, and the political economy of federalism. ers Union’s Washington office and as princi- gender diversity on decision-making in the He has also cowritten two economics text- pal deputy assistant secretary for planning U.S. Courts of Appeals; and lower-court books with M.I.T. professor Robert Pindyck, and evaluation in the U.S. Department of compliance with Supreme Court decisions. Microeconomics (2008, seventh edition) Health, Education, and Welfare.

AUTUMN 2008 51 faculty focus geoffrey stone idential campaign, coordinating a national had to uncover the historical underpin- Geoffrey Stone, who will visit for the seventh voter protection program and serving on the nings, in some instances back to common time in Fall 2008, will teach First Amend- vice presidential selection vetting team. law or other historical origins that helped ment Rights of Expression and Association. Upon leaving private practice, Nathan explain things.” These cases touched on Stone is the Edward H. Levi Distinguished was a visiting assistant professor at Ford- issues as diverse as organ donation, worker Service Professor ham Law School, where she taught first-year safety, maternal rights, duty of innkeepers at the University of civil procedure and a capital punishment to guests and termination of life support. Chicago Law School, seminar and served as faculty advisor to Rosenblatt is currently counsel at where he earned his the Fordham Law Death Penalty Project. McCabe & Mack in Poughkeepsie. He is J.D. After clerking In that capacity, she authored an amicus also president and a charter trustee of for Judge J. Skelly brief that was cited in Chief Justice John the Historical Society of the Courts of the Wright of the U.S. Roberts’s plurality opinion in the lethal State of New York, as well as a fellow of the Court of Appeals injection case Baze v. Rees. Nathan recently New York Bar Foundation. He has judged for the District of coordinated primary voter protection pro- moot court competitions, served on Columbia Circuit and Justice William J. grams in several states for Barack Obama’s various legal committees and received Brennan Jr. of the U.S. Supreme Court, he presidential campaign. numerous awards. returned to his alma mater as a professor before serving as dean and then provost. A preeminent First Amendment scholar, Judicial Fellow Global Visiting Stone wrote about the effects of war on the judge albert rosenblatt Professors of Law First Amendment in Perilous Times (2004), Judge Albert Rosenblatt will visit NYU which received the Los Angeles Times Book as a Judicial Fellow in the 2008-09 aca- bina agarwal Award and the Robert F. Kennedy National demic year. He will be teaching the State A professor at the University of Delhi’s Book Award. His most recent books are War Courts and Appellate Advocacy Seminar Institute of Economic Growth, Bina Agar- and Liberty (2007) and Top Secret (2007). both semesters, and working with the Law wal has written eight books and numerous School’s Dwight D. Opperman Institute for papers on subjects ranging from land and Judicial Administration. property rights to agriculture and techno- Alexander Fellow Now retired from the New York State logical change and the political economy alison nathan Court of Appeals, Rosenblatt has had a dis- of gender. Her research is steeped in inter- Alison Nathan’s primary research project tinguished career disciplinary and intercountry explora- as a 2008-09 Alexander Fellow will explore as a New York State tions. Agarwal has the interest in “finality” as a key procedural Supreme Court jus- been vice president value in American procedural law. She will tice; an associate of the International also work on an article concerning “proce- justice of the New Economic Associa- dural, historical, sociological and struc- York State Supreme tion and president tural factors that have led to a failure of the Court’s Appellate of the International democratic deliberative process regarding Division, Second Association for the humaneness of lethal injection as it is Department; chief Feminist Econom- pervasively practiced in a majority of death administrative judge of New York State ics, and currently penalty states.” courts; and both a county judge and district serves on the United Nations Economic Nathan earned a B.A. in philosophy attorney in Dutchess County, New York. He and Social Council’s Committee for Devel- and women’s studies from Cornell Univer- was also a visiting judge at the Harvard Law opment Policy and the Indian Prime Min- sity, and graduated magna cum laude from School Trial Advocacy Workshop, a faculty ister’s National Council for Land Reforms. Cornell Law School, member of the New York State Judicial She holds an honorary doctorate from the where she was edi- Training Seminars, and a course presenter Institute of Social Studies at The Hague. tor-in-chief of the in the Newly Elected Judges Education Pro- This year she received the Padma Shri, one Cornell Law Review gram in New York City. of the highest civilian honors conferred by and a member of Rosenblatt’s books include The Judges of the Indian government. She is now com- Order of the Coif. the New York Court of Appeals: A Biographi- pleting a book on environmental gover- She clerked for Judge cal History (2007) and New York’s New Drug nance and gender. Betty Binns Fletcher Laws and Sentencing Statutes (1973). He has of the U.S. Court of been published in the Albany Law Review, eyal benvenisti Appeals for the Ninth Circuit, and for Justice the Cardozo Law Review, the New York Law Eyal Benvenisti is Anny and Paul Yanow- John Paul Stevens of the U.S. Supreme Court. Journal and the Washington University Law icz Professor of Human Rights at Tel Aviv As an associate at Wilmer Cutler Pickering Quarterly, and has served five times as an University Faculty of Law. Benvenisti’s Hale and Dorr in Washington, D.C., she was issue coeditor of the New York State Bar teaching and research specialties include a key member of the appellate and Supreme Journal with New York State Chief Judge constitutional law, international law, Court litigation groups, and represented Judith S. Kaye ’62. human rights and administrative law. He death-row inmates in federal habeas corpus Looking back on the many cases he has was previously director of the Cegla Cen- litigation in her pro bono practice. While on judged over the years, Rosenblatt, a Har- ter for Interdisciplinary Research at Tel leave in 2004, Nathan worked as assistant vard Law graduate, says, “The ones I most Aviv University, Hersch Lauterpacht Pro- national counsel to the Kerry-Edwards pres- enjoyed writing up were those in which I fessor of International Law at the Hebrew

52 THE LAW SCHOOL faculty focus University of Jerusalem Faculty of Law and Wicked Legal Systems: South African Law crimination, affirmative action, antiterror, director of the Minerva Center for Human in the Perspective of Legal Philosophy (1991); family taxation, fertility and childcare, Rights. A former law clerk to Justice M. Ben- the editor of Recrafting the Rule of Law: environmental taxation, mandated bene- Porat of the Supreme Court of Israel, Ben- The Limits of Legal fits and labor economics. Margalioth holds venisti received his Order (1999) and an LL.B. from Hebrew University, and an legal training at the Law as Politics: Carl LL.M. in taxation and a J.S.D. from NYU Hebrew University Schmitt’s Critique School of Law. He has clerked for Justice of Jerusalem and of Liberalism (1998), Shoshana Nethanyahu of the Supreme Yale Law School. and a coeditor of Court of Israel; has served as deputy direc- He has been a vis- Law and Morality: tor of Harvard University’s International iting professor at Readings in Legal Tax Program, teaching Tax and Develop- leading law schools Philosophy (2007, ment; and has visited Northwestern Uni- in the United States, third edition). Dyzenhaus has taught in versity, teaching Tax Policy. and a visiting fellow at the Max Planck South Africa, England and Canada, and is Institute for Comparative Public Law a fellow of the Royal Society of Canada. ziba mir-hosseini and International Law in Heidelberg, Ziba Mir-Hosseini is an independent con- Germany. He has written or edited eight annette kur sultant, researcher and writer on Middle books, and published many articles in Annette Kur is a senior member of the Eastern issues, specializing in gender, fam- prominent journals. research staff and unit head at the Max ily relations, Islamic law and development. Planck Institute for Intellectual Prop- A senior research associate at the School sujit choudhry erty, Competition and Tax Law in Munich, of Oriental and African Studies’ London Sujit Choudhry holds the Scholl Chair and an associate professor at the Univer- Middle Eastern Institute at the Univer- and is associate dean at the University of sity of Stockholm. She serves as president sity of London, she Toronto’s Faculty of Law. His research and of the International Association for the obtained her Ph.D. teaching are focused on constitutional Advancement of Teaching and Research in in social anthro- theory and comparative constitutional law. Intellectual Property, and has advised the pology from the Choudhry has published more than 50 arti- American Law Institute’s project Intellec- University of Cam- cles, book chapters tual Property: Principles Governing Juris- bridge. She has held and reports, and is diction, Choice of numerous research currently writing a Law, and Judgments fellowships and book titled Rethink- in Transnational visiting professor- ing Comparative Disputes. Kur has ships. Mir-Hosseini’s publications include Constitutional Law. lectured on trade- the monographs Marriage on Trial: A Study The editor of Con- mark law, intellec- of Islamic Family Law in Iran and Morocco stitutional Design tual property law (2001, revised edition), Islam and Gender: for Divided Societ- and private interna- The Religious Debate in Contemporary Iran ies: Integration or Accommodation (2008) tional law at Munich (1999), and (with Richard Tapper) Islam and and The Migration of Constitutional Ideas University and the Munich Intellectual Democracy in Iran: Eshkevari and the Quest (2007) and coeditor of Dilemmas of Soli- Property Law Center. Kur is a member of for Reform (2006). She has also directed darity: Rethinking Redistribution in the the foreign faculty at Santa Clara Univer- (with Kim Longinotto) two award-winning Canadian Federation (2006), Choudhry sity and the author of books and numerous feature-length documentary films on con- is also the symposium editor of the Inter- articles in the fields of national, European temporary issues in Iran: Divorce Iranian national Journal of Constitutional Law. and international trademark, international Style (1998) and Runaway (2001). Extensively involved in public policy devel- jurisdiction, and unfair competition and opment, Choudhry has consulted for the industrial design law. tunde ogowewo United Nations Development Program, the A professor at King’s College London, Uni- World Bank Institute and the Royal Com- yoram margalioth versity of London, Tunde Ogowewo teaches mission on the Future of Health Care in Yoram Margalioth (LL.M. ’95, J.S.D. ’97), corporate finance Canada, among other organizations and a professor of law at Tel Aviv University, law, corporate gov- government entities. teaches tax, tax policy, welfare and eco- ernance and merg- nomic growth poli- ers and acquisitions david dyzenhaus cies, and supervises law, and is recog- A professor of law and philosophy as well as the Micro-business nized as a leading associate dean of Faculty of Law graduate and Economic Jus- expert on U.K. take- studies at the University of Toronto, David tice Clinical Pro- over law. Ogowewo Dyzenhaus previously taught at Queen’s gram. His areas of has written three University Faculty of Law. He is the author research include books and numerous articles, has been of Judging the Judges, Judging Ourselves: optimal tax and coeditor of the Journal of African Law, and Truth, Reconciliation and the Apartheid transfer systems, serves on the editorial boards of the Afri- Legal Order (1998), Legality and Legitimacy: international taxation, tax and develop- can Journal of International and Compara- Carl Schmitt, Hans Kelsen, and Hermann ment, economic growth, social security tive Law and the Securities Market Journal. Heller in Weimar (1997) and Hard Cases in and pension law, racial profiling, antidis- He has been cited in numerous legal cases.

AUTUMN 2008 53 faculty focus Ogowewo has consulted for the U.K. Prime the oldest German-language journal on of the Italian Association of Comparative Minister’s Strategy Unit, the Presidency commercial and corporate law. Schön has Law’s steering committee, and director or of Nigeria, the Queen’s Proctor and the delivered the David R. Tillinghast Lecture codirector of several publication series, Commonwealth Secretariat. In 2003 he on International Taxation at the NYU School Varano is also the director of the University cochaired an international conference of of Law and has been the Anton Philips Pro- of Florence’s Ph.D. program in compara- legal experts in association with the U.S. fessor at Tilburg University’s Center for tive law. He has been a visiting professor Department of Commerce, leading to the Company Law in the Netherlands. at institutions including Brooklyn Law adoption of the Model Law on Investment School, Cornell Law School, the European in Africa. Ogewewo belongs to the U.K.’s roger van den bergh University Institute and Northwestern Chartered Institute of Arbitrators. Roger Van den Bergh is the director of Eras- University School of Law. mus University Rotterdam’s Rotterdam sharon rabin-margalioth Institute of Law and Economics (RILE). armin von bogdandy Sharon Rabin-Margalioth (LL.M. ’96, J.S.D. Prior to his current Armin von Bogdandy is the director of the ’97), a top Israeli scholar in the areas of labor position as a profes- Max Planck Institute for Comparative Pub- and employment law, teaches at the Inter- sor of law and eco- lic Law and International Law and a profes- disciplinary Center’s Radzyner School of nomics at RILE, he sor of law at the University of Heidelberg, Law in Israel. In her scholarship, Rabin- held positions as an Germany. Von Bog- Margalioth has examined a wide range of associate professor dandy also teaches legal issues, including the decline of union- at the University of at the University of ization, employ- Antwerp and as a Frankfurt. Previ- ment class actions, professor at the Uni- ously, he taught at the growth of the versity of Hamburg and Utrecht University. the Humboldt Uni- contingent work- Van den Bergh has been a visiting professor versity in Berlin. force and the impli- at many universities. From 1987 until 2001 he After completing his cations of various was the president of the European Associa- studies in law at the antidiscrimination tion of Law and Economics. Since 2000 he University of Freiburg and philosophy at and accommoda- has been the coordinator of the European the Free University of Berlin, von Bogdandy tion mandates. Her Master in Law and Economics program. Van earned a doctorate in law from the Univer- articles are frequently cited by the Israeli den Bergh’s publications cover a wide range sity of Freiburg. In 2001, he was appointed Supreme Court and the National Labor of topics in law and economics. He has pub- to the bench of the OECD Nuclear Energy Court. Rabin-Margalioth, a former clerk to lished extensively in both books and leading Tribunal, Paris, and became its president in Justice Gabriel Bach of the Israeli Supreme journals on competition law and economics, 2006. Von Bogdandy served as a member of Court, earned an LL.B. from Hebrew Uni- European law and economics, tort law and the German Science Council from 2005 to versity, and an LL.M. and a J.S.D. from the insurance, and harmonization of laws. Van 2008, and is currently a member of the Sci- NYU School of Law. She is the coeditor of den Bergh is a member of the editorial board entific Committee of the European Union Labor, Society and Law, a leading employ- of several scientific journals, including the Agency for Fundamental Rights. ment law journal in Israel. Journal of Consumer Policy and the Review of Law & Economics. he xin wolfgang schön An assistant professor at the City Univer- Wolfgang Schön, managing director in the vincenzo varano sity of Hong Kong’s School of Law, He Xin Max Planck Institute for Intellectual Prop- A professor at the University of Florence earned his LL.B. and LL.M. from Peking erty, Competition and Tax Law’s Depart- Faculty of Law, where he was also a dean, University, and his J.S.M. and J.S.D. from ment of Accounting Vincenzo Varano is a prominent European Stanford Law School, and Tax and a pro- comparative lawyer. His main research where he was an fessor at Ludwig interests include comparative methodol- Asia-Pacific Scholar; Maximilians Univer- ogy and compara- he was also a Hauser sity of Munich, is an tive civil procedure, Research Scholar at expert in private law, and he has writ- the NYU School of trade and corporate ten extensively on Law. He has pub- law, accounting law the subject of civil lished widely in the and fiscal law. He is justice. Varano is fields of the Chinese chair of the German Law Professors’ Work- coauthor of Civil legal system and law and society. Most ing Group on Accounting Law as well as of Litigation in Com- recently his work has appeared in journals the German Tax Law Association’s Scientific parative Context such as the American Journal of Compara- Council; an international research fellow at (2007), and the editor of L’altra giustizia: tive Law (forthcoming), the China Quar- the University of Oxford’s Center for Busi- I metodi alternativi di soluzione delle con- terly, the International Journal of Law in ness Taxation; a member of the French Insti- troversie nel diritto comparato (2007) and Context, the International Journal of Law, tute for Tax Policy’s Scientific Committee as The Reforms of Civil Procedure in Compara- Policy and the Family (forthcoming) and well as the International Fiscal Association’s tive Perspective (2005). He has also written the Law & Society Review. His research Permanent Scientific Committee, and the dozens of articles in Italian and English. interests include legal enforcement, law managing editor of Zeitschrift für das gesa- A member of the editorial board of the and court, law in transition economies and mte Handelsrecht und Wirtschaftsrecht, Rivista di diritto civile, a former member property law.

54 THE LAW SCHOOL faculty focus the losing side in the larger battle for a Even if the Supreme Court decides in en- The Environment cleaner environment if they don’t adopt a vironmentalists’ favor in the Entergy case, new strategy outside the courtroom. it’s clear that now is the time for environ- and Economics History has proved that cost-benefit mentalists to drop their blanket rejection of analysis is not going away, even if envi- cost-benefit analysis. Without cost-benefit Aren’t at Odds ronmental groups manage to rack up a analysis, we are essentially regulating in the few legal victories here and there. In most dark, a bad idea when thousands of lives and richard l. revesz cases, cost-benefit analysis is required by billions of dollars might be at stake. This op-ed originally appeared June 10, 2008 Executive Orders that have been in place This summer, New York University on Forbes.com. Reprinted by permission of since 1981, with only minor modifications, School of Law is launching the Institute for Forbes.com. © 2008 Forbes.com. under both Democratic and Republican the Study of Regulation to reform cost-ben- administrations. Further, with the efit analysis and show that smart regulation as the presidential race con- country in the midst of an economic is economically justified. By showing that tinues to unfold, John McCain and slowdown, environmental groups even-handed economic analysis justifies Barack Obama have explained their and policymakers will find it difficult, strong environmental regulation—includ- positions on a range of environmen- if not impossible, to muster public sup- ing controls on greenhouse gases—envi- tal issues from climate change to drilling port for tough environmental standards ronmentalists can short-circuit industry in the Arctic National Wildlife Refuge, but if they can’t prove these policies make attacks and build a broad political coalition they have said little about one of the most economic sense. that favors a strong regulatory agenda. hotly contested questions in environmen- It’s easy to understand why most envi- With a new administration taking of- tal policy. ronmental groups and policymakers who fice in January 2009, environmental groups Should cost-benefit analysis play a role care about the environment have opposed will have an opportunity to participate in when creating environmental standards? cost-benefit analysis. In researching our the federal policymaking apparatus. For In a case the Supreme Court is slated book, my co-author Michael Livermore too long, they have allowed cost-benefit to hear just after the presidential election, and I spent three years studying how cost- analysis to be the tool of their enemy, and Entergy Corp. v. EPA, the New Orleans- benefit analysis has been based utility company is challenging a used—and abused—in envi- 2007 federal appeals court decision that ronmental law. We found that struck down a set of industry-friendly wa- the methodologies used to ter regulations adopted by the Bush Ad- count the costs and benefits of ministration. Power companies support environmental policies have these Clean Water Act rules because they been largely shaped by anti- do not require the installation of expensive regulatory academics and “closed cycle cooling” systems that would interest groups representing reduce the killing each year of billions of industrial polluters and are fish and other aquatic wildlife. In federal thus systematically biased court, environmental groups, along with against good regulation. six northeastern states, had successfully The problem is that envi- opposed the Environmental Protection ronmentalists have fought to Agency’s use of cost-benefit analysis to end, rather than mend, cost- justify the new regulations. benefit analysis and in the It’s a familiar dance, one in which I took process have lost valuable part back in 2001, when the Supreme Court opportunities for reform. considered similar questions in Whitman v. During the Clinton years, American Trucking Associations. In that case, I served on an Environmen- I wrote the amicus brief for the Environmen- tal Protection Agency advisory committee over time that tool has taken on the shape tal Defense Fund and dozens of other envi- that was helping to write the rules for how of its master’s hand. They will face the ronmental organizations, arguing that the cost-benefit analysis should be conducted. daunting challenge of convincing the next Clean Air Act prohibited the agency from I saw first-hand how effective industry president and Congress to take significant considering costs when setting key air qual- groups were at making their voices heard— steps to reduce greenhouse gas emissions. ity standards. and how environmental groups were ab- To do so, they must show the American As before, the challenge in the Entergy sent from these discussions. Reluctant to public that they are not zealots on a fool’s case will rest on arcane rules of statutory be seen as endorsing cost-benefit analysis, errand, but rather responsible voices work- construction—what exactly does the Clean they essentially boycotted the process and ing to address very real threats with real Water Act say, and what did Congress in- lost the ability to influence policy at a time economic consequences. tend when it passed this law in 1972? It may when there was a sympathetic ear in the well be that the Supreme Court decides in White House. Richard L. Revesz, dean of New York Univer- the environmentalists’ favor, as it did unan- The result: methodologies for conduct- sity School of Law, is the author, with Mi- imously in 2001, that cost-benefit analysis ing cost-benefit analysis that are inconsis- chael A. Livermore, of Retaking Rationality: cannot be used. tent with economic theory and empirical How Cost-Benefit Analysis Can Better Pro- But no matter what the Supreme Court evidence—and inherently biased against tect the Environment and Our Health, pub- rules in this case, these groups will be on regulation. lished in May by Oxford University Press.

AUTUMN 2008 55