Columbia University SPRING 2008 in the City of New York 435 West 116th Street, Box A-2 New York, NY 10027 RETURN SERVICE REQUESTED www.law.columbia.edu/alumni Security and Liberty the balance between VigiLance & indiViduaL RightS CONSTITUTIONAL 150 YEARS: TODD STITZER ’78 LAW EXPERT Columbia Law School and the Chocolate Factory: Professor Philip Hamburger Celebrates its Sesquicentennial Four Years at the Helm Examines of Cadbury First Amendment Rights photographs by alan orling From the Dean: “ In the 150 years since our law school was founded, our graduates have provided leadership in government, the nonprofit world, and in every sector of the economy all over the world,” Dean David M. Schizer tells graduating law students during ceremonies May 22 on Columbia University’s South Field. Below he shares excerpts from his address to the Class of 2008, their parents and the members of the 50th reunion class. “Perhaps the greatest gift you have been nature, while constraining our darker living happy lives, on pursuing their given is to be born talented in a world impulses. The tragedy of humanity is dreams. This is what our legal system that values your talents. You will be that ambition and greed are such close does. But the rule of law is a precious rewarded generously — with interesting cousins. The same qualities that produce and rare condition in the world, work, respect, and financial security. life-enhancing innovations can also requiring dedicated guardians who But in a different time and place, this degenerate into chilling acts of brutality. protect and refine key institutions and might not have been true. I am convinced Hobbes was right about the state defend our ideals. This cannot happen that if I had been born in pre-historic of nature, and he wasn’t dreaming it up. without you. We need your commitment, times, I would have been eaten by a Anarchy — a world without law — is a your contribution, and your sacrifice. saber-toothed tiger long ago. We are terrifying thing. We see glimpses of it in I know you are up to the task. You have all fortunate to be born in an age that every age and in every part of the world, been trained for it, and you are ready. values intellect, and empowers us to including our own. Roving gangs fight Congratulations, Class of 2008. pursue our dreams. each other, and an even worse fate can We are so very proud of you. Enjoy this In this crucial way, your happiness await those on their own. Government momentous day and, as you go out into is tied to the community’s well being. is essential to preserving order. But the the world, please keep us in your hearts. As members of the legal profession, you wrong government — a government You will be in ours.” — more than anyone — are charged with without the rule of law — can be just the solemn responsibility of upholding as bleak. The gangs wear uniforms, but our ideals through law. In becoming a there is no justice, and the strong still member of the bar, you take up one of prey on the weak. humanity’s highest callings: You will The great genius of our system is a support and operate a system of law constrained government, whose officials that harnesses the ambition, creativity, are accountable and whose powers are intelligence, and generosity in human limited. Citizens can concentrate on The full speech may be accessed at http://www.law.columbia.edu/media_inquiries/news_events/2008/Graduation_2008/Dean_Text spring 2008 | 1 4 6 30 The Chief Justice Presiding Columbia Law School @ 150 at issue: Students in the Stone Moot The Law School is celebrating China’s Network Justice Court Competition finals argue 150 years of excellence in Professors Benjamin Liebman before Chief Justice of the legal education with a series and Timothy Wu ask whether United States John G. Roberts, of Sesquicentennial events the Internet is a tool to advance Jr., and three U.S. appeals throughout the world. justice in China or a mecha- court judges. nism of government control. 48 at issue: Charging Ahead Professor Ronald Mann suggests 57 ways America can get out from New publications from under its credit card debt. Columbia Law faculty. 2 | columbia law school magazine FeatureS contents 12 Intellectual Feast By ADAM LIPTAK Leading constitutional law professor Philip Hamburger, lured to New York from Chicago because of its gastronomic delights, finds examining First Amendment rights a feast for the mind. 18 Golden Ticket By SUSANNAH RODGERS DeparTments TODD STITZER ’78 works as chief executive of Cadbury, the world’s second biggest candy company by market share. 4 News & Events 22 Security and Liberty By GREG GORDON 21 Beyond the Classroom: How do we fight terrorism in a globalized world? Three of Columbia’s bibek pandey ’10 newest hires delve daily into achieving a balance between effective 39 Profiles in Scholarship: surveillance and cherished individual rights. nathaniel persily 43 Profiles in Scholarship: 28 Attorney in Charge By DAVID KLEIN ADRIENE HOLDER ’91 is the head of Legal Aid’s Civil Practice Division. robert e. scott 50 Profiles in Scholarship: 32 The Human Rights Institute 10th Anniversary daniel richman HRI’s new co-directors Sarah H. Cleveland and Peter Rosenblum mark this milestone with bold new initiatives, including one examining the 51 Beyond the Classroom: fairness of long-term mining contracts in Africa. barb pitman ’10 56 Profiles in Scholarship: 36 Selling Coffee to a Tea-Drinking Nation By DANIEL WASHBURN christina duffy burnett WANG JINLONG ’88 works as the president of Starbucks in Greater China. 65 Class Notes 44 ‘Goshenized’ By JAMES VESCOVI 76 In Memoriam Business law professor Zohar Goshen brings his successful approach to corporate governance to his new role as chairman of the Israel Security Authority. 80 End Note 46 The Long Wait for Justice By PAUL WACHTER For six years, Jessica Gonzales fought to hold the police of Castle Rock, Colo., responsible for the death of her three daughters. With the help of the Human Rights Clinic, she may find justice in the Inter-American Commission on Human Rights. 52 Two Cases, One Issue By THOMAS ADCOCK New Sexuality and Gender Law Clinic obtains asylum for victims in two separate cases. contributing editors printing Opinions expressed in Change of address information miriam Furman maar Printing Service, Inc. Columbia Law School Magazine should be sent to: Paul Wachter do not necessarily reflect the Columbia Law School views of Columbia Law School contributing writers Columbia Law School Magazine 435 West 116 Street, Box A-2 or Columbia University. erin Kelly is published three times New York, NY 10027 James O’Neill dean annually for alumni and This magazine is printed Attn: Office of Alumni David m. Schizer Sonia Von Gutfeld friends of Columbia Law on FSC certified paper. Relations School by the Office of design and art direction Alumni Office associate dean Development and Alumni for development and empire Design Studio 212-854-2680 Relations. Please send your alumni relations photography comments, Letters to the magazine and Public Bruno m. Santonocito Cover photograph: Getty Editor or Class Notes to Affairs Notices Images News /Dave einsel executive director [email protected]. 212-854-2650 of communications Peter Freed, Alan Orling, Letters to the Editor and [email protected] and public affairs matthew roberts, Class Notes may be edited [email protected] elizabeth Schmalz Jon roemer, Lynn Saville, for length and clarity. editorial director Char Smullyan, Chris Copyright 2008, Columbia James Vescovi Taggart, David Wentworth Law School. All rights reserved. spring 2008 | 3 In addition to Roberts, the moot court judging panel included the Hon. Michael W. McConnell, U.S. Court of Appeals for the 10th Circuit; the Hon. Diana Gribbon Motz, U.S. Court of Appeals for the 4th Circuit; and the Hon. Diane P. Wood, U.S. Court of Appeals for the 7th Circuit. The bench questioned the students relentlessly, often interrupting their arguments, giving them only seven or eight seconds to answer one question before they sent the next question zinging forth — just as the justices of the Supreme Court routinely interrupt lawyers who come before them during oral arguments. “I thought it was a great competition and that all four of you did quite well with very difficult material,” said Chief Justice Roberts Roberts, after the students concluded their arguments. Presides and Hogan ’08 Roberts said that as a lawyer, he Wins for Best Oral Advocacy often wondered whether oral arguments really played much of a role in the at Stone Moot Court decision-making process of the Supreme Court. Now, from personal experience, by Todd Stone he knows it matters very much. “When Chief Justice of the United States John Roberts, Jr., presided with three other U.S. we’re in conference, we talk a great deal appeals court judges in a packed Jerome Greene Hall lecture room during the final about the points brought out in the arguments in this year’s Harlan Fiske Stone Moot Court Competition on April 17. argument,” he said. The judges peppered the four student-competitors with questions for an hour The audience of 400 students and and a half, and when the arguments were over, praised them lavishly for holding up faculty remained focused throughout so well under the intense judicial fire. In the end, Christopher M. Hogan ’08 won the hearing, which included not only the Lawrence Greenbaum Prize for Best Oral Advocacy. challenging questions from the judges The students argued Nafziger v. Kaergard, a mock 7th Circuit (Illinois) appellate but also comments from them that court case, written by Allison Wright ’08, which involved three low-income women generated laughter from the crowd.