SPRING 2008 ISSUE 78 LAWYER Judicial Independence:AnEssaybyJusticeSandraDayO’Connor’52(BA’50) Professor Lawrence Lessig onPoliticalProfessor LawrenceLessig Corruption STANFORD BEYOND THE IN ALLWALKS LAW OF LIFE JD S From the Dean BY LARRY KRAMER Richard E. Lang Professor of Law and Dean

ONE OF THE GREAT PRIVILEGES OF MY JOB IS THAT I GET TO SPEND SO MUCH OF MY TIME MEETING STANFORD LAW SCHOOL’S REMARKABLE STUDENTS AND ALUMNI. We seem to attract a particular kind of person, and the difference is noticeable and notable, even during law school. Stanford Law students have more well-rounded, three-dimensional lives than the students I have seen and known at other schools. They work plenty hard, and they care about their studies. But they balance this with a wide variety of other activities. And, no, I do not mean golf or tennis (though Stanford’s students do, of course, take advantage of living in the Bay Area). I mean that our students balance the learning they are doing in the classroom with outside activities that pertain to their professional goals and aspirations. They are entrepreneurial in the best spirit of Silicon Valley (though whether they are drawn here by reputation or changed by breathing the air and drinking the water, I cannot say). Our students do things, things that are different and surprising. One Stanford Law student started a nonprofit organization that helps kids to stay in high school. Others started a company that assists people in protecting their reputation on the Internet. Still others organized women law students around the country on issues in common, founded a nationwide movement to “build a better legal profession,” developed a successful website for nonpartisan political debate, and forged a relationship with the American University in Afghanistan to help create a new legal curriculum for the country. And I could go on (and on). Stanford Law students use their time here creatively, taking advantage of what Stanford has to offer to begin making a difference even before they leave. No wonder, then, so many of our graduates go on to lead professional lives that are similarly unconventional. Most, to be sure, go on to find rewarding careers and fulfilling lives in practice, and the leadership ranks of the bar are chock full of SLS graduates. But practicing law turns out not to be the life for everyone, and many choose something different or find that serendipity and opportunity take them in unexpected directions. In this issue of Stanford Lawyer, we focus on a few of these mavericks, just to give a flavor of the many paths a Stanford Law degree makes possible. For we pride ourselves in the belief that while a Stanford Law education is superb preparation for legal practice, it equips one equally well for any calling that requires rigorous, creative thinking. Late last fall, I received a letter from the Abbey of Regina Laudis that makes the point eloquently. “Dear Dean Kramer,” it begins. “I am an alumna of the law school Class of 1986, where my name was Monica Evans. Since then I have become a contemplative Benedictine nun and my religious name is Sister Elizabeth Evans. After graduation I dutifully joined the lock-step procession to big-firm practice on Wall Street (there were student loans to be paid off, after all), changing careers to teach at Santa Clara Law School at the point when I could no longer silence the voice that kept urging ‘really, none of this interests you.’ (And, by then, my student loans were paid off.) Over the years I have received many solicitations for contributions to the Law Fund, invariably accompanied by ‘check the box’ options for preferred amount of payment and preferred method of payment. Prior to my life as a nun there was always a box that I could check off, even if it were a box marked ‘other $____’ (I never did make it to the Dean’s Circle). But now, as a contemplative nun, I find no box that I can check. Contemplatives work at a level that is, and aspires to be, totally ‘other.’ I very much desire to support the law school’s mission of ‘seeking solutions and educating leaders,’ but as a contemplative nun I must do so ‘out of the box.’ And so, if there is room at the law school for a donation of prayers to support you in your arduous mission, please accept mine in gratitude for an incomparable legal education that, above all, challenged me to live and think out of the box.” Sister Elizabeth captures perfectly (and, for me, movingly) what we really aspire to do at Stanford Law School, what we hope all our graduates—regardless of where life carries them—take away from here. TNODLAWYER STANFORD beyond thelaw lawyers forcareers education prepares JD andhowalegal A lookattheversatile LAW BEYOND THE 18 Cover Story Cover illustrationby Greg Clarke 11 Four studentveteranssharetheirexperiencesatwar. 8 virtual worldssuchasSecondLife. A newclassexaminesthelegalcomplexitiesofInternet-based 6 In Focus Alumni andSchoolNews 2 In Brief activism: political corruption. Lawrence Lessig abouthisnewareaofscholarship and Fred vonLohmann ’95(BA’90)interviewsProfessor 25 Matters Legal and experiencesinthemilitaryduring WWII Former TuskegeeAirmanWilliams ’74(BA’49)onhiscareer 16 A lookatJudgeHufstedler’s’49trailblazingcareer 14 Nobel prize-winningUnitedNations’IPCC A profileofProfessorThomasHellerandhisworkwiththe 12 student-run program. Students sharpentheiradvocacyskillsinthiscompetitive, MOCK TRIALATSTANFORDLAW LAW STUDENTSBACKFROMWAR LAW ANDORDERINVIRTUALWORLDS LAWRENCE LESSIG TUSKEGEE AIRMANLESLIEWILLIAMS JUDGE SHIRLEYHUFSTEDLER SHARING THENOBELPRIZE SPRING ’08 ISSUE 78/VOL.42/NO.2 35 Perspectives Mills LegalClinicofStanford Highlights fromthe 30 Clinic News Day O’Connor’52(BA’50) An essaybyJusticeSandra INDEPENDENCE JUDICIAL THE IMPORTANCEOF 28 Point ofView 89 86 41 Departments 2007 Photos fromAlumniWeekend 40 Weekend Alumni on issuesoftheday Faculty andalumnispeaking 38 In theNews faculty news Stanford LawSchool 36 Faculty News religious studies degree thatcombineslawand JD/MA ’09onpursuingajoint Ashley ConradWalter AND FAITH OF LAW,FINANCE, AT THEINTERSECTION KUDOS IN MEMORIAM CLASSMATES FROM THEDEAN

Stanford LlawyerLawyer // SpringWinter 20082006 1 1 Alumni and School News

78 IN B

SLS TO ADVANCE Quentin Cook Named Mormon Apostle “NEUROLAW” AS PART OF “It isn’t something you expect,” says Quentin Cook $10 MILLION GRANT ’66 about receiving a lifetime appointment last What happens when scientists, and ultimately courts October to the Quorum of the Twelve Apostles of The and juries, can peer—quite literally—inside the human mind? • Thanks to a $10 million grant from the Church of Jesus Christ of MacArthur Foundation, Hank Greely (BA ’74), Deane F. and Kate Edelman Johnson Professor of Latter-day Saints (LDS)— Law, intends to find out. The grant—announced in October and shared by a nationwide consortium of considered to be one of the legal scholars, jurists, philosophers, and scientists over the course of three years—is an ambitious effort to highest positions in the Mormon faith. address difficult legal and ethical questions that are arising as neuroscientific and technological advances As part of the group deepen our understanding of human behavior. • “Neuroscientists have been conducting pathbreaking that oversees the church research using neuroimaging technology,” says Greely, who directs the Stanford Center for Law and the and its 13 million members, the Utah-based Cook’s Biosciences and is also a professor of genetics (by courtesy), “but there are many open questions about responsibilities include how the findings will be applied in the context of existing law and no guideposts for judges and juries overseeing LDS activities who will have to weigh this complicated neuroscientific evidence when making decisions about guilt, for nearly 1 million members innocence, or liability.” • Allowing neuroscientific evidence to be considered at trial has enormous in the Philippines, the Pacific Islands, and Australia. implications. Just as DNA evidence can exonerate some and convict others, breakthroughs in the use of Cook’s legal career brain-scanning technologies such as functional magnetic resonance imaging (fMRI) to detect behaviors included 25 years with Carr like lying or a propensity toward violence could help condemn or free those being tried in criminal McClellan followed by courts. Neuroscience could change investigations, pleas, verdicts, and sentences, especially when it comes executive posts at California Healthcare to trying minors, the criminally insane, and others whose neurobiology may factor in their crime. What’s System and Sutter Health, more, the possibility of predicting criminal behavior where he was vice could open up new avenues for prevention. • “With chairman. In 1996, the church called Cook into this exciting new technology we have to be alert to two service. He supervised different kinds of issues,” says Greely. “We have to nearly 1,100 congregations worry about the effects of the technology if it works, in Oregon, Washington, but we also have to worry about the too-early Alaska, British Columbia, and northern Idaho and application of technologies that do not yet work—and later headed up the may never work.” • The MacArthur project, based at church’s well-known the University of California, Santa Barbara, has three missionary program. While working groups that will ultimately develop research serving in this position, he helped secure the release proposals aimed at improving law, policy, and legal of four missionaries proceedings. Greely’s group, which includes Stanford abducted in Nigeria. scholars William Newsome, professor and chair of As for how being a lawyer informs his current neurobiology, and Anthony Wagner (PhD ’97), work, “There’s a legal side associate professor of psychology, will focus on the to everything you do,” says legal implications of abnormal brains in people with Cook. “The training— brain damage, people who are mentally ill, and learning how to think like a lawyer, getting all the facts, juveniles. Justice Sandra Day O’Connor ’52 (BA ’50) having compassion for is serving as honorary chair of the overall project. people and understanding their needs—has been invaluable.” RIEF

OPPOSITE AND TOP: GREG MABLY newspaper reporter fortheU.S.Army Nuremberg Trialsasacub front rowseatatthe Ehrenfreund ’59hada Six decadesago,Norbert Nuremberg’s Legacy Reflecting on book, than 30years. served asajudgeformore Superior Court,wherehe and latertotheSanDiego steering himtolawschool changed himforever, were wrong.” show thatthehistorians 1990s. Iwrotethebookto much, especiallyinthelate to modernsociety—growso legacy—and itsimportance seen theNuremberg was disturbedbythis.Ihad dead,” saysEhrenfreund.“I Nuremberg precedentwas several historianssayingthe rights tobigbusiness. modern life,fromhuman almost everyareaof reverberates through examines howNuremberg his timeatthetrialand page 84. books, see“InPrint”on other alumni-authored Nuremberg Legacy Nuremberg Stripes Legacy: How the Nazi War Nazi the How Legacy: Crimes Trials Changed the Changed Trials Crimes Course of History of Course Ehrenfreund’s new To readmoreabout “Over theyearsInoticed The Nuremberg The . Theexperience Stars and Stars , recounts and The with themandunderstand thecomplexitiesthat gointotheirwork.” other issues,”she says.“Thiscoursegivesabreadth ofunderstandingsoI cancommunicate method,” saysAntwi. perspective onhowlawyersframeproblems,aswelllaw professorsapproachteaching. law schoolinatypicalyear.In2006-07,therewere305such registrations. other partsofcampusforcourses.Inthepast,lawstudentsregistered for30classesoutsidethe 70 in2006-07.Atthesametime,there’sbeena10-foldincrease inlawstudentsventuringto students takinglawcourses—fromfewerthan20per yearinpastyearstomorethan subject areaandaddressingkeyconceptualissuesthatcomeup againandagain.” ‘lite.’ We’reteachinglawinareducedandintenseway,focusing ontheessenceofaparticular underpinnings ofdifferentfieldslaw.” concepts andformsofargumentthatlawstudentslearntousemakeupthe different melodiesandstylesofmusic.So,too,inlawtherearealimitednumber foundational notesandchordsthatonelearnstocombineinevermorecomplexwayscreate develop theclassandtaughttwosessions.“Inmusic,therearealimitednumberof music,” saysLarryKramer,RichardE.LangProfessorofLawandDean,whohelpedto up withthecourseconceptandoversawitsdevelopment. legal field,saysMarkKelman,JamesC.GaitherProfessorofLawandvicedean,whocame subjects lastfallthanksto 70 graduatestudentsfromawidecross-sectionofdisciplines. areas ofexpertiserangingfromtortstointellectualproperty,thecoursedrewapproximately non-JD studentsawindowintocorelegalconcepts.Taughtby12lawschoolfacultywith “I’m goingtobesittingatatable withlawyersdiscussingland-usecontracts,policyand For Goldman,theclassshould prepareherforlifeafterStanford. “It’s muchmorepedanticthan [businessschool]classes.IlikehowtheyusetheSocratic As forGoldmanandAntwi,theysay Thinking LikeaLawyer Thinking LikeaLawyer comes atatimewhenthelawschoolisseeinganinfluxofnon-law • Thinking LikeaLawyer The ideaistoexploreessentialquestionsinthe —a newlawschoolcoursedesignedtooffer laws arestructured. wants tobetterunderstandhowsecurities he goestoworkforaninvestmentfirm, a second-yearbusinessstudentwho,when disputes. like toknowhowlawyersapproachland policies forsustainablelanduse,shewould student whohopessomedaytodevelop But asanenvironmentandresourcesPhD want togolawschoolorbealawyer. REBECCA GOLDMAN(P Liketo “Think Lawyers” Students Non-Law New CourseAsks Antwi hadachancetoexplorethese • • “We’re nottryingtoteachlaw Frederick Antwi(MBA’08)is • “Law isalotlikelearning offered themaunique • Both Goldmanand H ’09) D does not

Stanford Lawyer / Spring 2008 3 78 IN B SOME OFTHECOUNTRY’STOPLEGALMINDSGATHERED executive directoroftheCenterfor InternetandSociety. executive Wendell andEdithM.Carlsmith ProfessorofLaw; and Lauren Gelman, lecturer in law and Mark A.Lemley(BA’88), William H.NeukomProfessorofLaw;LawrenceLessig, C. speakers ontherosterincluded RichardE.LangProfessorofLawandDeanLarryKramer; Circuit JudgeAlexKozinski to generalcounselsfromApple,Google,andTimeWarner. SLS was noshortageofhigh-profile speakers,fromDukeLawSchool’sJamesBoyleand Ninth privacy, intellectualproperty,globalization,andotherareas undergoingrapidchange.There On March8,LegalFuturesopenedtothepublicforstanding-room-only debatesaboutdigital panels—a formatoriginatedbyO’ReillyMediainwhich the programischosenbyattendees. Martin’s speechwasfollowedbyacombinationofdiscussions andmoreinformal“Foo-style” wireless spectrumaswell“troubling”practicesusedby Comcast tomanagenetworktraffic. Federal CommunicationsCommissionerKevinMartinabout theagency’sauctioningoffof Internet andSociety, theLegalFuturesconferencekickedoffonMarch7withaspeechfrom future oflawandpolicyinadigitalage.Co-hostedbyGoogle andthelawschool’sCenterfor notable alumnus,JohnP.Levin’73(MA’70). school’s BoardofVisitors. Like Williams,Riveraalsohasmanypublicservicepursuitsincludingthelaw organization supportingHispanicentrepreneursandexecutivesintechnology. at Google,andservesontheboardofadvisorsHispanic-Net,an Silicon Valleycompanies,includingvicepresidentanddeputygeneralcounsel Rivera startedherfive-yeartermthisApril.Shehasheldtopspotsatseveral and ofitsBoardVisitors. of thelawschoolcampaignsteeringcommitteeforTheStanfordChallenge addition tohismanycommunityserviceactivities,heiscurrentlyamember practice andservesontheSkaddenFellowshipFoundationcommittee.In specializes insecuritiesclassactionsuits.HeisactiveSkadden’sprobono Skadden, Arps,Slate,Meagher&Flom’sNewYorkheadquarters,wherehe five-year termbeganFeburary11,hasbeenapartnerfor29yearsat RIVERA ’95(BA’86,MA’89,MBA’94) TWO DISTINGUISHEDALUMNI,VAUGHNC.WILLIAMS’69ANDMIRIAM Williams andRiveraNamedTrustees already impressiveresumes:StanfordUniversitytrustee. Williams andRiveraarejoininga33-memberboardthatincludesanother One offournewtrusteeselectedthroughanalumninominationprocess, SLS Hosts legal Futures cOnference , have addedanewtitletotheir • Williams, whose at SLSinearlyMarchtodiscussthe (BA ’86,MA’89,MBA’94) MIRIAM RIVERA’95 litigating thelandmark also instrumentalin against immigrants.Hewas employers todiscriminate often covertmeansfor requirements thatare language proficiency and arbitraryEnglish- to “English-only”policies pioneering legalchallenges has madehisname Center inSanFrancisco, Society-Employment Law attorney withtheLegalAid November. campus ceremonylast presented toHoatanon- interest practice,was innovative modelsofpublic service andprovides commitment topublic who exemplifiesa annually toanalumnus workers. Theaward,given immigrants andlow-income his advocacyonbehalfof Public ServiceAwardfor ’87 withitsannualAlumni recognized ChristopherHo and PublicInterestLaw Center forPublicService The JohnandTerryLevin Award Alumni PublicService Christopher HoWins Rivera v. Nibco Nibco v. Rivera Service Award. Center’s NationalPublic who wasgiventheLevin Council’s ClimateCenter, Natural ResourcesDefense with DavidDonigerofthe status indiscovery. find outtheirimmigration rights ifemployerscould forward toenforcetheir intimidated fromcoming workers wouldbe recognized thatimmigrant which theNinthCircuit Ho, aseniorstaff Ho washonoredalong case, in RIEF

FIRST SPILF-SLS PUBLIC INTEREST FELLOW NAMED O N AUGUST 28, 2005, THOMAS NOSEWICZ ’08 BOARDED A PLANE FROM NEW ORLEANS TO OAKLAND, one of the last flights out of the city before Hurricane Katrina struck. He spent most of his SLS orientation glued to the television screen, watching the storm ravage the city where he had been born and raised. • “It was heartbreaking,” says Nosewicz, who this August will return to New Orleans as the first-ever Stanford Public Interest Law Foundation-Stanford Law School Public Interest Fellow to work at the “new” Orleans Public Defenders (OPD). Before Katrina, the city’s public defenders were part-time attorneys, funded poorly by traffic ticket revenue. The hurricane’s chaotic aftermath paved the way for reform, and today OPD is a full-time office. “This was probably the only silver lining in the whole disaster,” says Nosewicz of the unique opportunity to start a public defenders office from scratch. • Launched this year, the SPILF-SLS Public Interest Fellowship allows its recipient to work full time for a year in an organization serving the public interest through legal services, impact litigation, or policy advocacy. Open to all members of the SLS classes of 2003 to 2008, the fellowship provides a year’s salary of $45,000 and benefits, plus a trip back to campus to share the experience at a symposium. • “It’s an amazing THOMAS job for a first-year attorney,” says Nosewicz, whose project is called Constitutionalizing the Crescent City. NOSEWICZ ’08 At the OPD, Nosewicz plans to provide much- needed pre-trial litigation support in an effort to reduce unjust incarcerations before arraignment and 5 trial. He will also work on serious felony cases and Wertheimer Helps Seal Writers’ Deal IF YOU FOUND YOURSELF GROWING WEARY OF RERUNS AND develop internal tools such as a legal brief databank UNSCRIPTED REALITY SHOWS THIS FALL AND WINTER, then you can

and practice area guides. The overarching goal, says thank Alan Wertheimer ’72 (BA ’69) for ending your pain. Wertheimer, a Stanford Lawyer / Spring 2008 Nosewicz, is to implement a systemic litigation plan veteran Hollywood attorney whose clients include Nicole Kidman, Sigourney Weaver (BA ’72), and scores of screenwriters, played a key addressing the deeply entrenched injustices plaguing behind-the-scenes role in brokering the deal that ended the writers’ strike. the current system. Wertheimer, a partner at Jackoway Tyerman Wertheimer Austen “Ultimately, I hope my project will better align Mandelbaum Morris & Klein, came to the table on January 21 at the behest New Orleans with constitutional practice and serve of David Young, executive director of the Writers Guild of America, West (WGA). The basic issue at stake—how writers should be compensated if as a model of holistic criminal defense,” he says. their work is distributed on the Internet—had fueled a three-month standoff between the WGA and the Alliance of Motion Picture & Television Producers (AMPTP). But things took a turn in early January when a pact forged by the Directors Guild of America (DGA) and AMPTP provided a template for the WGA. Wertheimer, a seasoned dealmaker who last year hammered Alum Joins Nader in Presidential Bid out a historic agreement to allow certain screenwriters to receive a Four days after Ralph Nader decided to throw his hat in the percentage of movies’ gross receipts, was brought in to demystify the presidential ring once again, he named former San Francisco revenue provisions in the DGA agreement. supervisor and one-time mayoral candidate Matt Gonzalez ’90 as He was also enlisted to help because of his relationships with all the his running mate. The consumer rights crusader made the relevant players: studio CEOs—who broke precedent and became directly announcement at a February 29 event at the National Press Club involved in the negotiations; WGA leaders—who got to know him better in Washington, D.C. • Gonzalez, who worked as a deputy when his firm negotiated an interim agreement on behalf of David public defender prior to his supervisor position, narrowly lost to Letterman and Worldwide Pants; and finally, the screenwriters themselves. Gavin Newsom after campaigning as a Green Party candidate in “I was pleasantly surprised by everyone’s commitment to making a the 2003 San Francisco mayoral race. Gonzalez went on deal and by the courtesy and good will exhibited by all the participants,” to open a law firm with Whitney Leigh ’90 after his term on the he says. “I believe the final result was a win-win.” board of supervisors ended in 2005. Gonzalez is taking a As for the deal’s impact on how future labor talks will be handled, hiatus from private practice—and from the Green Party—to run Wertheimer predicts more direct communication between studios and guilds. with Nader as an independent. “Hopefully, the manner in which the WGA strike was resolved will become a pattern for future bargaining, and similar labor disputes can be avoided,” he says. OPPOSITE: GREG MABLY AND STEVE GLADFELTER; THIS PAGE: JENNIFER PASCHAL who developed and teaches the class. “The class works from the premise of what is the problem and what are the THIS IS NOT A GAME: possible solutions rather than establish- LAW AND ORDER IN VIRTUAL ing a top-down judicial system and WORLDS hoping people will buy in.” By Amy Poftak (BA ’95) To better grasp the problems facing people in virtual worlds, students build their own avatar and venture into Second Life. Gelman also invites guest experts. Last semester, students enjoyed an “in-world” conversation (held in Second Life) with an avatar from The Metaverse Republic, a nonprofit trying W to create a justice system for Second hen the framers crafted Life, and received a real-life visit from the laws of the land, they probably never imagined the land being an former Second Life chief technology “island” within the Internet-based virtual world of Second Life. Or that officer Cory Ondrejka. They also its citizens would be computer-generated characters plunking down real reflected in their journals on what it cash to buy virtual mini-mansions. • This winter, a cadre of Stanford would mean to be a quasi-regulator in Law students—through their digital personas, or avatars—entered this an online world. video-game-like terrain as part of a new class, Legal Rules for the Metaverse. To what extent virtual worlds will be Their mission: to analyze the social, economic, and legal complexities of regulated by the outside world remains largely unregulated environments like Second Life where the lines to be seen. Lawsuits have cropped up— between virtual and real are increasingly blurred. • How blurred? including one lodged by a Pennsylvania 6 Second Life, launched by Linden Lab in 2003 as a three-dimensional, attorney who claimed Second Life Internet-based virtual environment where users can set up cyber homes illegally confiscated his virtual property and businesses and interact with each other, has more than 13 million (the case was settled out of court).

Stanford Lawyer / Spring 2008 registered “residents.” And roughly 328,000 of these users are driving the “When pioneers went West, it wasn’t equivalent of $1.3 million in transactions daily (the Second Life unit-of- clear what their legal relationship would trade is the Linden Dollar, which can be traded for real currency). From be like with the people they left behind,” IN FOCUS fashion designers selling avatar couture to publicists providing public says Gelman. “In many ways the same is relations support to fledgling companies, thousands of cyber- true for those forging new paths in the entrepreneurs have opened their doors for business. • This boom has virtual world.” occurred in a society that essentially has no legal system. While Second “It’s a lot like the Internet in the early Life residents are bound by a terms-of-service agreement that governs days,” says Henry Lien ’08, who such behavior as disturbing the peace, this contract does not apply to predicts that virtual worlds will transactional relationships between third parties—a landlord and a eventually be seen as the Internet is tenant, for example—or to the intellectual property users create. The today and regulated accordingly. result: disputes and a lot of them. • “When I began the class, I had no “I have a sense that regulation is idea about the scope and breadth of the virtual world scene,” says Greg going to be a bottom-up experiment Sobolski ’09 (BA/BS ’04). “Second Life is clearly not just a game at this with different people trying out different point.” • Landlord-tenant disputes and squabbles over property sales are regulatory regimes,” says Sobolski. common, as are copyright and trademark infringement claims. In one In that spirit of experimentation, case, six Second Life users brought suit in a real-world court against a Gelman plans to work with students in user who allegedly knocked off their merchandise. The defendant the coming year to apply the theories ultimately paid $525 in damages. • One of the larger goals of the discussed in Metaverse to real disputes metaverse class is to think through how such quandaries might be and other problems facing users in resolved. • “Problems in virtual worlds might not be solved by a Second Life and other virtual worlds. constitution or hearing cases or writing opinions,” says Lauren Gelman, “This is a unique opportunity to start

SL executive director of the law school’s Center for Internet and Society, from scratch,” she says. JOHN HERSEY

don’t die’ and ‘I hope you get the terrorists.’ I don’t know that the troops are getting that support now.” While Russ found the sounds and smells of the Middle East familiar, reminding him of his Syrian STANFORD LAW STUDENTS grandmother’s kitchen, Sandy was not BACK FROM WAR at home in the male-dominated culture. By Sharon Driscoll She remembers being excluded from a detachment to Kuwait simply because she was a woman. “Russ was welcomed in the Middle East and had a wonderful time,” she says. “I was hyper-aware of my very different status in that part of the world.” O But the overall benefits of her ver the past few years military experience far outweigh any the composition of Stanford Law School’s student body has taken on a challenges she encountered, according subtle change not seen since the Vietnam War. Now five years into the to Sandy. In addition to providing Iraq war and seven years since the start of the Afghanistan mission, a new funding for her undergraduate studies at generation of war veterans is attending the law school—fresh from service, Cornell, the Navy helped to shape who many with combat experience. For some of these students, military service she is today. was always in their future. For others, the events of 9/11 so moved them “Having served in the military, that they enlisted. All of them have a unique contribution to make to the especially as a young woman in a very 8 layered diversity of Stanford Law School and, ultimately, to the male-dominated area, I was able to profession. The stories that follow offer a glimpse into the lives of four prove myself,” says Sandy. “Because of students and their experiences in the military. that, I don’t face the same issues that I

Stanford Lawyer / Spring 2008 see my younger law school classmates A Military Union: Russ and Sandy Fusco facing. When I deployed on an aircraft TEN YEARS AGO, RUSS AND SANDY FUSCO’S paths probably carrier and flew missions, I was aware IN FOCUS wouldn’t have crossed. As fate would have it, they were both of the fact that what I was doing was commissioned into the Navy out of college in 1997 where they met in flight special—something that women 10 school while training to be naval flight officers. They were assigned to the years earlier were not allowed to do. It same squadron when they deployed together to the Persian Gulf in late was very, very important to me.” 2000—the Navy’s 1993 decision allowing women to fly in combat making Russ and Sandy served together in it possible. “The Navy just kept throwing us together,” says Russ ’09. the Navy for five years, but it wasn’t until In September 2001 they were stateside training for their next Sandy was about to leave the squadron deployment when Al Qaeda struck. Their squadron was immediately that the two considered romance. redeployed and by November 2001 they were on the USS John C. “I realized toward the end of the Stennis headed to the Indian Ocean. This time they flew missions over deployment that I was really upset Afghanistan and the border areas of Pakistan, providing air support for about leaving Russ. I couldn’t figure out ground troops. why I was getting so emotional. He was “We were shot at, but they weren’t going to reach our planes,” recalls just one of the guys,” Sandy recalls. Russ. “We were trying to get all the way to Afghanistan and back but we They started dating and were married couldn’t refuel, so we were flying past our range all the time. There were two years later—the weekend after they times I thought, this is it and we won’t make it.” took their LSATs. They were bolstered by the support they felt from folks back home. Now well into law school, Russ and “The second deployment was real. It was about protecting our Sandy consider themselves fortunate to country,” says Sandy ’08. “We were lucky to have so much support from have each other to share the memories back home. I had letters from kids hung on my wall saying ‘I hope you and friendships of Navy life and the challenges of law school—which now towers fell and the Pentagon was hit. superiors. But the officer’s experience include juggling study with parenting The events struck a patriotic chord in wasn’t what he was after. And despite their baby. As to how training to fly in Barney—and an idealistic one. By the their disparate backgrounds, he bonded the Navy compares with Stanford Law spring of 2002, he’d made up his mind to with the members of his battalion— School, they agree that there are some enlist in the Marine Corps Reserve. bonds that were strengthened by the similarities. Though not as an officer, but as infantry. experiences of combat. “We spent two years in flight training Little did he know that a year later He was in training as a machine to get to the peak of our abilities—just he would be fighting for his life in a gunner at Camp Lejeune when the like law school,” says Russ. “When we Bethesda, Md., hospital. United States invaded Iraq—adding graduate, we’ll show up at a firm and be “My military heroes aren’t generals or “an extra edge” to the training, as the pretty much useless for the first year even officers who’ve won great battles,” possibility of fighting became a much while we put the theory into practice, he says. “They’re the 17- or 18-year-old more tangible, and looming, reality. By which is how it was in the Navy.” kids from a farm somewhere who had then his sights were already set on There are some subtle differences, never intended to be in the military. Then Stanford Law School, but he deferred though, they say. You can flunk out of WWII came along and they end up in his admission and instead volunteered flight school pretty easily—many do. places like Normandy or Iwo Jima. I for a deployment to Iraq. And when you fail an exam in the Navy, always admired that commitment to this I thought my arm had been blown off. But I everyone knows about it because you’re country, to the democratic process, and was just looking for the direction in which to made to wear your regular khakis rather to service,” he says. move. And this sergeant yells, Barney, over here than a flight suit. But the comraderie I remember the sound of the shot, but the Barney! So I vaguely discerned the direction they’ve found at Stanford Law School thing I don’t remember is being knocked down, and I ran, which in the telling of my platoon does compare favorably with the Navy: as hard as that thing knocks you down. But I mates was more like the rapid, stumbling of a Both experiences are intense and foster got up. It’s an amazing thing about military drunken person. I ran about a half city block strong personal bonds with colleagues. training the way things just get drilled into when I realized I had cover and concealment “It’s interesting for us to see so many you, because it wasn’t a conscious thought and within a second or two I lost consciousness. military people at the law school now. process. You get trained to be very aware of After two months of patrolling the 9 We were the first wave. There’s a new your surroundings and whether you have cover streets of Fallujah, Barney’s stay was cut generation of veterans, so it’s turning into and concealment. I knew immediately that I short by a sniper’s shot to his neck.

a fairly common experience,” says Russ. didn’t have either, so whoever had just hit me, I Within 48 hours he was in a hospital bed Stanford Lawyer / Spring 2008 was still in their sights. I remember my body in Bethesda. After three surgeries and a Ordinary Infantryman: Sean Barney reacting. It’s this experience of your body, like year of convalescing, he was almost back We deployed to Fallujah. I was shot through a fire alarm going off. Your body is in crisis. I to normal and gearing up for another the neck. The bullet actually severed my got up and tried to figure out what direction to boot camp—his first year of law school. carotid artery, which ordinarily would mean move in and it was very weird because my arm a matter of seconds and then you’re done. But was paralyzed. the very heat of the round ended up By the end of 2002, Barney was in cauterizing it. boot camp in North Carolina, being Sean Barney ’10 was working as a made into a Marine. policy advisor to Delaware Senator “In some ways, it’s comparable to the Thomas Carper in Washington, D.C., in first semester of law school,” he says. September 2001. He’d studied political “It’s where you get let into the club and science at Swarthmore and caught the where they also impose upon you what’s political bug while volunteering on Bill expected of those who are let in.” Bradley’s 1999 presidential bid. And so As an infantry Marine, Barney didn’t he found himself at the center of the have much in common with his peers. nation’s government when the twin He was better educated than many of his

“BUT I HAD THIS FEELING WHILE SERVING THAT THE COUNTRY DID NOT TAKE THE DECISION TO INVADE SERIOUSLY, DID NOT HAVE A SERIOUS DEBATE, DID NOT SEARCH ITS SOUL BEFORE GOING TO IRAQ.” Sean Barney ’10 “I’D COME HOME AND MY FRIENDS AND FAMILY WOULD ASK ME ‘ARE WE DOING THE RIGHT THING, ARE WE SPREADING DEMOCRACY?’ AS IF YOU COULD SPREAD IT LIKE PEANUT BUTTER.” Ryan Southerland ’10

He saw the severely wounded in focused our attention. It was an Bethesda, so considers himself lucky to awakening for my whole peer group,” he have gotten away with what he calls a explains. minor injury, a partially paralyzed arm. Ryan didn’t come from a military Mostly, he’s thankful that he survived. family but set his sights on West Point At the age of 32, Barney is a bit older as a way to challenge himself physically than most of his classmates—and and mentally while having a chance to certainly more experienced with life and see the world. He graduated in spring death issues. He’s not sure how he’ll use 2002 and after a little more than a year his JD—but believing the weight of his of training was ready for combat. experiences at war important, he may go As a second lieutenant and later a into politics and someday perhaps run captain in the Army Infantry, he led over our cultural narrow-mindedness. for elected office. four Stryker vehicles with 42 soldiers. We couldn’t recognize some of the “It’s necessary to have a military, and They spent most of the year in the nuances of the situation—like how it’s necessary to use it every now and northern city of Mosul, where they politics works at the local level, how then,” says Barney, who was awarded a patrolled the streets and worked with power is shared and gained and Purple Heart. “But I had this feeling the Iraqi Police and Iraqi Army to overthrown, and what kept things while serving that the country did not secure the peace. secure. I didn’t see us making take the decision to invade seriously, did “I found local Iraqis’ opinions about progress.” not have a serious debate, did not search the war to be as varied and diverse as the Regardless, Southerland says he 1 0 its soul before going to Iraq. I think opinions of the average American,” he values his military experience. He also that’s a reflection, in part, of the very, observes. “But they were better informed values the relationships he forged with very few veterans in Congress and in because they were living it every day.” both Americans and Iraqis. One Iraqi

Stanford Lawyer / Spring 2008 public life, proportionately, compared to When he returned to the states, he officer, Ali, stands out. Ali was an imam what it was in the past.” found people to be genuinely curious and so led prayers for the Islamic about the larger issues of the war but soldiers. Southerland recalls joining him Ryan Southerland: Training limited by the political rhetoric. once at the brigade’s mosque for evening Iraqi Officers “I’d come home and my friends and prayers. Before entering the mosque, Ryan Southerland’s first deployment to family would ask me ‘are we doing the Southerland took his shoes—and gun— Iraq should have been smooth sailing. It right thing, are we spreading demo- off and left them outside the door. While was November 2003—just months after cracy?’ As if you could spread it like they were kneeling down, Southerland the successes of the initial American-led peanut butter,” he recalls. felt something on his hip. It was his invasion, the toppling of Saddam Hussein, Southerland volunteered for a second Iraqi counterpart re-arming him. and President Bush’s now famous yearlong stint in Iraq in May 2005, this “He goes outside, gets my gun, and “mission accomplished” declaration. time as a military advisor embedded puts it back in my holster,” Southerland “The war talk was pretty rosy,” he with the Iraqi Army. He was one of 10 recounts. “I looked at him and he just says. “But things on the ground were Americans providing training to the kind of nodded.” souring quickly.” Iraqi leaders of a 700-strong battalion. Now at law school, Southerland is Southerland ’10 was in his last year The experience was eye-opening. re-adjusting to the focus of studies— of studies at West Point on September “It certainly drained any remaining keen for the next chapter of his life. 11, 2001. A hilltop on the historic optimism that I might have had about “Lawyering has always been a military campus, located about 50 miles achieving the initial goals of the war,” possibility for me,” he says, noting that up the Hudson River from Manhattan, he says, explaining that his largest his grandmother and several aunts and provided a safe vantage point onto the frustration was not with the Iraqis but uncles are lawyers. “It offers so many smoke-filled city in the aftermath of that with the American military leadership. opportunities. Every sector of our day. “The attacks of 9/11 definitely “We seemed to struggle with getting society has a legal aspect.” S L After putting in many hours training and developing their skills (more experienced students train new students MOCK TRIAL: SHARPENING and various experts are brought to the ADVOCACY SKILLS school for workshops), the teams— By Sharon Driscoll seven in all—spend the spring semester traveling to competitions including one of the oldest in the country, the Texas Young Lawyers Association (TYLA) National Trial Competition, and their own SLS-sponsored invitational. Last year, a Stanford team captained by Jeremy Presser ’08 won the regional TYLA competition and earned fifth

I IN FOCUS t was a standard repo place at the nationals. And SLS gone wrong—the sorry tale of “Mr. Simpson,” a man in over his head dominated the competition at this year’s and unable to make his car loan payments, and the muscle man, “Dakota invitational with its teams taking first Smith,” who was shot and killed while trying to repossess the car. But and third place overall as well as the did Mr. Simpson kill Mr. Smith? • Officer “La Duke,” aka Josh coveted “best lawyer” award, which Weddle ’10, described the crime scene for the judges, and a (paper) gun went to Jonas Jacobson ’09. To he allegedly found at the scene was presented as evidence. The attorneys prevent favoritism, the teams are not representing the plaintiff, Mark Baller ’08 and Kevin Rooney ’09, went identified by their school but by a in hard challenging the officer’s recollection of events. • “Counsel is number, so it is a blind judging, accord- trying to improperly impeach the witness,” objected Jordana Mosten ’10, ing to Ratner. representing the defendant. • But “Judge” Todd Theodora, founder and While participation in the program senior partner of the Southern California law firm Theodora, Oringher, requires a significant time com- 1 1 Miller, and Richman and former attorney for Monica Lewinsky and for mitment—with many students spending the Anaheim Angels, said he’d give opposing counsel leeway and hours a day preparing for trials for

reserved his ruling. • “Objection, your Honor,” said Mosten. “Counsel weeks in advance—there are some Stanford Lawyer / Spring 2008 is reading the deposition improperly.” • And so it went. Testimony was tangible rewards.

given, evidence presented, cases made at the January SLS Mock Trial PLEASE SEE PAGE 88 Invitational. The students, many of them members of Stanford Law School’s student-run mock trial program, had spent hours prepping for this moment—readying to try their hands at “real” trial work. With 64 students representing 12 law schools from across the country and 60 judges presiding, all volunteers who gave up their weekends to help train this next generation of lawyers, the competition was fierce—and realistic. • “Mock trial was by far the best part of my first year at SLS,” says Alisha Beltramo ’09, an aspiring trial lawyer. “It was wonderful stepping out of reading cases to do something that I knew I wanted to do. I also found it was something that I was good at, which was a respite during the first semester, when it’s hard to feel like you’re good at anything.” • The Stanford Law School Mock Trial Program was founded in 2003 by two students with mock trial experience to provide their fellow students with the opportunity to develop a high level of trial proficiency while still in law school. Each year, approximately 35 law students try out for this student-run organization, each submitting a video audition, which is then judged by “wizards”—former members of the program whose identity is BEN RATNER ’08 AND ALISHA BELTRAMO ’09 kept secret. About 25 students make the cut. • “We are student-run and this is a small school, so it makes sense to have the judging done

JENNIFER PASCHAL anonymously,” says Ben Ratner ’08, the program’s current president. TOM HELLER A NOBEL EFFORT FOR THE ENVIRONMENT WBy Joan O’C. Hamilton (BA ’83) hen the Nobel com- the Kyoto Protocol, that Heller and mittee announced last October that it was awarding the prize for peace others are still trying to advance today. both to former U.S. Vice President Al Gore and to the network of Heller doesn’t believe that answers experts who make up the United Nations’ Intergovernmental Panel on lie in imposing regulations on Climate Change (IPCC), Thomas C. Heller was taken completely by developing countries. “Climate is a surprise. • “The combination of science and morality the committee’s derivative problem that results from decision reflected was a lovely recognition of the complex dimensions of energy use, transportation, and land getting at this problem,” says Heller, the Lewis Talbot and Nadine use issues. These three industries are at 1 2 Hearn Shelton Professor of International Legal Studies, who, as one of the heart of economic development.” several Stanford faculty representatives on the IPCC, joined Gore at his Heller’s approach, instead, focuses press conference in Palo Alto when the award was acknowledged. on the realities of economic growth.

Stanford Lawyer / Spring 2008 Equally remarkable to those who know Heller was that he was in “We need to look at what people are town to share the spotlight. While climatologists, biologists, trying to do with growth and see if we astrophysicists, and others from the IPCC try to identify and track the can get them to do it in a way that IN FOCUS impacts and timelines of a warming planet, Heller works the complex is less damaging to the environment,” economic policy side of the equation. For more than 15 years he has he says. traveled the globe for face-to-face negotiations with government Heller sees China as a prime example. representatives, cajoling countries to take concrete steps to mitigate the “This country is probably the single most impacts of climate change. That’s a people-to-people exercise in tractable place on the planet where one can negotiating, dealmaking, and understanding. Heller’s commitment to this get at climate change,” he says. Although issue of global climate change means that he must travel extensively on China’s environmental concerns have been behalf of the IPCC and the United Nations Secretary General, focusing secondary to its desire for economic special attention on trying to figure out ways to channel the desires and growth—because it is still developing and, demands of entire nations into a path that reduces carbon emissions. in particular, building new energy It wasn’t always clear that Heller would focus on climate change, plants—Heller sees opportunity. though his eclectic background in global economic development, “There are steps you can take that international tax law, and a stint as director of the Stanford Overseas would reduce sulfur and carbon and Studies Program in the 1980s have served him well. He says he “fell into others that would just reduce sulfur. climate change” when, in advance of the now famous Earth Summit in Rio You can have a huge impact when you de Janeiro in 1992, a Swiss business associate asked him to put his build new systems. It strikes me that one experience in development to work to help reduce tension and antagonism can focus on goals that they’re already between business people and government regulators headed for Rio. expressing and move to climate reform,” “I started to work on this without any sense of the importance it he says. In that vein, Heller is working

would have,” he says. That summit resulted in a series of steps, including with the Chinese to pursue solutions GREG MABLY such as natural gas-fired power plants that a market-based framework to lower emissions after they peak in 2020. He that would dramatically lower carbon emissions through so-called carbon also thinks that, with a change in emissions and improve local air quality. trading credits, which was developed as administration imminent, the United “Tom has worked hard to build part of the 1997 Kyoto Protocol, has States is poised to be a more active relationships with thinkers in India stalled out. The idea was to encourage force. “If the U.S. doesn’t act,” he and China and around the world and developing nations to invest in clean warns, “the framework will collapse.” his approach is nuanced,” observes technology and then sell related “carbon In addition to his efforts on behalf of Michael Wara ’06, a research fellow at credits” to countries who agreed to cap climate change broadly, Heller is a the law school who works with Heller. their emissions. However, he and others senior fellow at the Freeman Spogli Heller expects the rapidly growing now say that the complex systems have Institute for International Studies and emissions in China and India to been manipulated widely to generate he also runs the Rule of Law Program occupy the bulk of his attention in the sales without meaningful reductions in for the Center on Democracy, next two years. “We’re trying to figure emissions. Heller wants to put the Development, and the Rule of Law. out what steps they’ll take and what breaks on expanding ideas like this one He is the first to admit the current pace financial and economic support they that are “symbolically attractive” but not of his schedule is grueling and that he will need,” he says. environmentally effective. can’t sustain the intensity of his efforts “Tom has a very good understanding Heller is optimistic about recent indefinitely. But he says he is

1 3 Stanford Lawyer / Spring 2008

of political economy and how things initiatives such as the climate change determined to capitalize on the public work in practice,” says Bert Metz, the conference in Bali last December, attention that Gore and the Nobel Dutch co-chair of the IPCC’s Working which set out a roadmap for further Peace Prize have brought to the issues Group III, which focuses on mitigation negotiations designed to conclude in of climate change. strategies and of which Heller is a 2009. He says that for the first time “He’s in a position to make a real member. In recent years, for example, leading developing countries recognize difference and I think he feels that sense Heller has been the first to acknowledge that they will have to constrain of mission,” says Wara. S L opportunity to write briefs to the U.S. Supreme Court. While that litigation was pending, Attorney General Pat Brown became governor and appointed JUDGE HUFSTEDLER: Hufstedler in 1961 to the Los Angeles A LIFETIME County Superior Court. At the time she OF ACHIEVEMENT was the only woman among 120 judges. By Randee Fenner (BA ’75) Hufstedler excelled and was named presiding judge of all the pretrial courts. Another appointment, as judge of the L.A. County Superior Court’s Law and Motion Department, soon followed, and it was there that she enjoyed what she describes as one of her most memorable accomplishments: “I created S the practice of issuing tentative pre- hirley M. Hufstedler hearing decisions in all my cases, which ’49 is a mountain climber. She has scaled peaks all over the world, was unheard of at the time.” This including 13 treks in the Himalayas, up to altitudes of 20,000 feet. But contribution to judicial efficiency, which these conquests shrink in comparison to what she has accomplished in was soon adopted by other judges, her career. Recently honored by The American Lawyer with its prestigious vastly reduced her time on the bench Lifetime Achievement Award, she has successfully traversed a steep and and enabled her to fill in for judges in sometimes rocky path en route to reaching the pinnacle of the legal other departments. profession. • Born Shirley Mount in 1925, she was encouraged by her In 1965, California’s Chief Justice 1 4 parents to pursue higher education. And while she wasn’t expected to Roger Traynor appointed Hufstedler to have a “career,” she was expected to work outside the home. She majored the appellate department of the L.A. in business at the University of New Mexico at the insistence of her County Superior Court. She quickly

Stanford Lawyer / Spring 2008 father. Then she took a class in commercial law. “I loved it,” she recalls. rose through the state court appellate “I knew I wanted to go to graduate school, so I decided law school would ranks, being appointed by Governor be a good fit. And when a friend mentioned he was going to Stanford, I Brown in 1966 to the California Courts IN FOCUS decided to apply and was accepted.” • Very few women attended of Appeal. It was in 1968 while she was Stanford Law School in those days and Hufstedler found law school to serving on the California Courts of be “unbelievably formidable.” Five women entered with the class of ’49, Appeal that she was tapped by but three soon dropped out. • “In the class that entered in 1946, it was President Lyndon Johnson for the soon apparent that Shirley was as brilliant as she was pretty,” recalls United States Court of Appeals for the Hufstedler’s classmate and friend the Honorable Warren Christopher Ninth Circuit. At the time, and for ’49. “Her law school days foreshadowed a career of exceptional many years thereafter, Hufstedler was excellence and accomplishment, which continues to this very day.” the only female federal appellate judge And although Hufstedler graduated at the top of her class and was an in the country, which, she notes, “was officer of the Stanford Law Review, the only employment opportunity the not surprising as there was a very small school could suggest was a position as a legal secretary in a probate firm. pool of women from which to choose.” Instead, Hufstedler, who married classmate Seth in 1949, began doing Janet Cooper Alexander (MA ’73), legal research and writing briefs for other lawyers. She then opened a Frederick I. Richman Professor of Law, one-woman law office in Los Angeles in 1951, where she continued clerked for Hufstedler and describes her ghostwriting briefs and began taking cases that other lawyers had with awe and admiration: “Shirley rejected. She also volunteered for the Los Angeles Legal Aid Foundation. Hufstedler is my ideal judge. She has a Her real break came when former Stanford Law professor Charles fierce and abiding sense of justice. She Corker contacted her. He was working for the California Attorney might be the most brilliant legal mind General’s Office and asked her to assist with a multi-state case involving I’ve ever met.” And from the clerk’s

water rights to the Colorado River. This, in turn, gave her the coveted perspective, working for Hufstedler was TRUJILLO-PAUMIER secretary of education, reportedly saying at the time that he wanted “a strong, creative thinker” who would act independently of the education lobbyists (Time, 1979). Although she knew this meant that she would not return to the federal bench— “it just isn’t done”—she accepted because, says Hufstedler, “When the president calls and asks you to serve your country, you don’t say, ‘No.’ ” In Washington, D.C., she worked 18 to 20 hours a day, creating the new department from scratch in the face of a federal hiring freeze and a daunting budget-approval process. The hectic pace made seeing her husband and son in Los Angeles difficult and she 1 5 gratefully returned to the private sector when President

Carter’s tenure ended in Stanford Lawyer / Spring 2008 1981. Then she began a new phase of her career— teaching. In addition to spending a year at Stanford Law in an endowed chair, she taught at Harvard and Oxford. She also maintained an active appellate practice, which she continues to this day at Morrison & Foerster. “PRACTICING LAW IS JUST LIKE CLIMBING A MOUNTAIN: YOU DON’T GO UP A MILE AT A TIME, YOU GO UP ONE FOOT AT A TIME.” Judge Shirley M. Hufstedler ’49

“perfect,” according to Alexander. “She her about them.” Alexander also credits In her role as elder stateswoman, didn’t assign bench memos because she Hufstedler with teaching her how to Hufstedler not only enjoys her legal read all the briefs herself, and she write. “Nothing has made me more work but also relishes the opportunity handled all the run-of-the-mill cases proud as a writer than going from to mentor new attorneys. Hufstedler herself, dictating finished opinions as having my drafts returned completely sagely observes that “practicing law is her first drafts.” Clerks did collaborate covered in red ink to getting them back just like climbing a mountain: You with Hufstedler on the difficult and with only a few notes,” she says. don’t go up a mile at a time, you go important cases and, Alexander says, “It In 1979, President Jimmy Carter up one foot at a time.” She should was a marvelous education to talk with appointed Hufstedler to become the first know. S L BREAKING BOUNDARIES: LESLIE WILLIAMS LBy Sharon Driscoll eslie Williams in applying for the Army Air Corps. remembers a time when segregation and overt prejudice were “I wanted to serve. I was very widespread in America, a time when he was almost lynched while patriotic,” he recalls, “And I didn’t want driving with his young family across the Nevada border to California to get drafted because I thought that as (the military uniform he was wearing only just saving him from the a black man I’d be drafted as an mob), a time when he had to literally tap dance his way into the Army infantryman. And I’d seen so many Air Corps. • He also remembers vividly how when he returned to infantrymen after WWI with civilian life in 1947 after five years of military service, people didn’t amputated limbs. Dancing was my life. 1 6 believe—couldn’t believe—that there was such a thing as the African- I thought—I’d rather crash and die American pilots group known as the Tuskegee Airmen. • “They could than wind up unable to dance. So I set not imagine a group of black men flying in combat, flying bomber my sights on flying.”

Stanford Lawyer / Spring 2008 planes,” says Williams ’74 (BA ’49), recalling his service with the His application was never even Tuskegee Airmen whose successes during World War II helped to bring processed and he was soon drafted into about the desegregation of the military service. “Folks thought I was the lowest level of service: the IN FOCUS making up stories. So I stopped talking about it.” • Today, no one quartermasters. doubts the stories Williams recalls. Last spring after more than half a To keep his spirits up, he joined decade of silence, the U.S. Congress bestowed upon Williams and more fellow quartermasters in a dance than 300 fellow Tuskegee Airmen its highest civilian honor—the troupe—and they were soon performing Congressional Gold Medal. • “It was very gratifying, and President for officers and visiting dignitaries. It Bush said all the right things. He did admit that we suffered many was after one performance that a general indignities and endured a lot of discrimination. But it was so late,” says congratulated Williams on the show and Williams, who will celebrate his 89th birthday this August. “I kept asked if he could help him in any way. thinking about all the guys who have died since the end of the war and “I immediately said that I wanted to are now gone.” • Williams grew up in a middle-class family in a nice be a pilot,” he recalls. area of San Mateo, where his parents owned a successful cafeteria. By the following week, Williams was “It was always busy in there,” he recalls. “And it employed 20 or so on his way to Tuskegee Army Air Field staff; it was one of the reasons so many blacks came to San Mateo.” in Alabama where an experimental The Great Depression changed all that. The family business closed training program for “negroes” had just and money was tight. By the time Williams graduated from high school been established. The military, like he had to find a way to pay for college tuition. He turned to his much of American society, was passion—tap dancing—and opened a small studio to finance his studies. segregated and African Americans had He graduated from San Mateo Junior College in 1939 but liked teaching not been allowed to fly. The racism that dance so much he kept the business going. Williams encountered from the white Then Pearl Harbor was hit. Williams joined his friends—all white— flight instructors was fierce, and the

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Stanford Lawyer / Spring 2008 BEYOND THE JUST FIVEYEARSOUTOFSTANFORDLAWSCHOOL,KHALIDJONESHASALREADYLEFTPRACTICE. LAW traditionally known. graduates canlookbeyondacareerinlawpracticeas it’s broad applicationoflegalskills.AccordingtoJones,lawschool statement isatestamenttothejurisdoctor’sversatilityand the gives themtointeractinbusinessameaningfulway,”hesays. 18-34 agegroup. management companygearedprimarilytotheunderrepresented operating officerofThrasherCapitalManagement,anasset on theEnroncase,Jones’03wasrecruitedtoserveaschief While handlingsecuritieslitigationatabigfirm,includingstint down that road, I’d become ‘the law guy,’” heexplains. down thatroad,I’dbecome‘thelawguy,’” indefinitely. “IfiguredifIworkedinlawtoolongandgot far master plan,hedidknowthatwasn’tgoingtopracticelaw PHOTOGRAPHS BYTRUJILLO-PAUMIER • Though Jonesenteredlawschoolwithouta • “JDs canusethelensthatlawschool BY LESLIEGORDON(MA JDs inAll Walks ofLife ILLUSTRATION BY GREG CLARKE • ’98) His

“I SAW SO MUCH EQUITY OFFERED TO ENTREPRENEURS FOR WHAT I THOUGHT WERE HAREBRAINED SCHEMES. BUT IN EAST PALO ALTO, NO ONE COULD GET FUNDING FOR THE MOST BASIC BUSINESS.” Suzanne McKechnie Klahr ’99 with students from BUILD 22 percentinnon-legalpositionsfortheclassof1985. legal positionsfortheclassof1995;27percentatlawfirmsand down to33percentatlawfirmsandup20innon- working innon-legalpositions.Butthenthereisasteadydrop: Office ofCareerServices.Andonly2percentthatclassis fairly consistentforrecentlygraduatedalumni,accordingtothe currently employedatafirm—apercentagethathasremained progress. Approximately61percentoftheclass2005is the trendofmovementoutlegalprofessionascareers of alumnidatafortheclasses1985,1995,and2005confirms majority ofgraduatesgodirectlytolawfirms,aninformalstudy Clearly there’smovementfrom—andorbetween—firms. three; 56percentbyyearfour;and71five. leave theirfirmpositionsbyyeartwo;36percent 2006. Thesamestudyshowsthat15percentofnewassociates somewhat—down from60percentin1985to55 graduates goingstraighttolawfirmshasdecreased According toaNALPstudypublishedin2007,thenumberof sooner,” heexplains. many nowmakethemoveoutoftraditionallawpracticemuch has changedisthatnewfieldshaveopenedupforlawyersand E. LangProfessorofLawandDeanLarryKramer.“Butwhat have movedtocareersoutsideofthelaw,accordingRichard FOR SUZANNEMCKECHNIEKLAHR’99 a SkaddenFellowship throughwhichshe between thepublicandprivatesectors.” corporate law.Iwasalwayson thefence Students AssociationbutIalso studied president ofthePublicInterest Law non-traditional student,”shesays. “Iwas coincided withthedot-comboom. “Iwasa encourages themtostartabusiness. been leftbehindineducationand entrepreneurship toengagestudentswho’ve of BUILD,anonprofitorganizationthatuses periphery oflaw.SheisthefounderandCEO career goals,whichwoundupbeingonthe the lawschoolexperienceitselfdefinedher Stanford Law’sowndatamaybemoretelling.Whilethe Statistics seemtoconfirmKramer’sobservations. While inlawschool, McKechnieKlahrwon McKechnie Klahr’syearsatStanfordLaw Plotting aCareerCourseofChange DEVELOPING YOUNGENTREPRENEURS A SUZANNE MCKECHNIEKLAHR: ttorneys alwayscouldand , on tocollege. program graduates—50todate—have gone basic business.”Today,100percent ofBUILD no onecouldgetfundingforeven themost explains. “Butin[low-income]East PaloAlto, brained schemes,”McKechnie Klahr entrepreneurs forwhatIthought were hare- result ofthatexperience. in school.ShefoundedBUILDasadirect them formabusinessbuttheyhadtoremain negotiated adealwiththem:She’dhelp to makemoneyinstead.McKechnieKlahr her theyplannedtodropoutofschooltry entrepreneurs. Oneday,fourteenagerstold provided legalservicestolow-income Though she’snot practicinglawinthe “I sawsomuchequityofferedto what you’redoing.” process ofcriticalthinkinginlawschoolisuseful“nomatter never practicelaw.But,accordingtoKramer,learningthe JD/MBA isacaseinpoint—manygraduatesofthisprogram careers buttoalsodevelopinterestsinnon-legalareas.The benefit ofhelpingstudentstonotonlyenhancetheirlegal engineering toeconomicspublicpolicy,offerstheextra recent yearstoincludejointdegreesinarangeoffieldsfrom are betterabletobranchoutintootherthings.” it’s partofourinterdisciplinaryapproachthatgraduates mold,” Robinsonexplains.“Theyhaveawholearrayofskills; fields, amongothers. investment banking,managementconsulting,andlobbying To Lawseriesfeaturingalumnifromventurecapital, going todonext—andwhatbetweennowandthen. is designedtogetstudentsthinkingearlyaboutwhatthey’re planned to“goalawfirm—andthen.”Theseries,sheexplains, a nodtothird-yearstudents,saysRobinson,whotoldherthey program called“AndThen...PreparingforLifeAftertheFirm,” are manyopportunitiesinbusinessandelsewhere.” does notallowforpartnershipcareerseveryone.Andthere pyramid managementstructureoflargefirmstodaysimply clearly notallstay—somedon’t 88 oftheAmLaw100firmsandattorneysat95them.“But notes thatStanfordLawalumniarepartnersatapproximately says SusanRobinson,associatedeanforcareerservices,who The lawschool’sinterdisciplinaryprogram,bolsteredin “We’re notgraduatingstudentstofitintoaparticular Similarly, everyspring,RobinsonoffersanAlternatives Recognizing thisreality,thecareerservicesofficenowoffersa “Most ofourgraduatesgodirectlytocareersatlawfirms,” attorneys.” inspire andmotivate anewgenerationof where sheisalecturerinlaw. “I hopeto BUILD andteachingan practice law.Fornow,she’llcontinue running degree “allthetime,”shehasno plansto clinical work—thathelpedmefindmypassion.” do. Butworkingwithprofessorsanddoing judge becausethat’swhatIthoughtshould worked onthelawreviewandclerkedfora me tothinkcreativelysolveproblems.I analytical,” shesays.“Myprofessorstaught current success.“Itallowedmetobe Stanford Lawstudieshelpedhertofind traditional sense,McKechnieKlahrsaysher Entrepreneurship Entrepreneurship Though McKechnieKlahruses her law want to,andsomecan’t.The class atStanfordLaw, Introduction to Social to Introduction

Stanford Lawyer / Spring 2008 21 22

Stanford Lawyer / Spring 2008 long, Cochranwas hiredonasamemberof began freelancing asascriptwriter.Before regret it.’” advantage ofthisopportunity or forever “I thought,‘It’snowornever.Ineed totake Law L.A. BOB COCHRAN’74(BA’71) career inscreenwriting.Hepitched ideasto hobby andinthehopesitwouldjump-starta in consulting,Cochranwrotescriptsbothasa law, laterearningaHarvardMBAandworking open upalotofpossibilities,”hesays. “It seemedlikeaninterestingfieldthatcould school withoutanygreatlong-termplaninlaw. use thoseskillsinwhatI’mdoingnow.” the lawshouldbe.Thatwasn’tjustatheoreticalexercise—I learned notonlywhatthelawisbutalsohowtoexamine entered lawschoolhopingtodo,”shesays.“InI School wascriticaltohercurrentsuccess. she says.YetJohnsbelievesthatattendingStanfordLaw Johns resisted.“IknewIwasn’tgoingtofindmynichethere,” my legalskillstododevelopmentwork.” doing securitiesandcorporatelaw,with“theendgoalofusing After graduation,shejoinedalargeWashington,D.C.,firm support localentrepreneurs. commercial regulationstoattractforeigninvestorsand countries suchasLiberiaandCambodiareviseoutdated sector developmentspecialistattheWorldBank,Johnshelps get whereshewantedtogo—outsidethelaw.Aseniorprivate their legaltraining. unrelated totraditionallawpracticeinsistthattheyarestillusing tously. ButevenJDswhoaredoingsomethingwholly hood. Stillothers,likeJones,movetoothercareersserendipi- ative impulses,suchaswriting,whichthey’vehadsincechild- out practicinglawbuteventuallyfindtheycannotignorecre- effective springboardtoanothercareer.Othergraduatesstart traditional lawpracticeisnotforthembutseeschoolasan So hequithishigh-paying,secure job and During severalyearspracticingcorporate “I’m doingexactlywhatIalwayswantedtodoand When thefirmaskedhertospecializeinlegalpractice, “I alwaysknewIwouldgotolawschool,”saysJohns. For MelissaJohns’01,lawschoolwasacalculatedstepto . “Theyboughtonescript,”herecalls. A GoodStartingPoint S entered law ome JDsknowearlythat HOLLYWOOD PLAYER staff at hit show created andcurrentlyexecutiveproducesthe mastery oflanguage andhisadvocacyskills. like tellingastory.” interesting. Andinlaw,makinganargument is reading stories—andtheytend tobe explains. “Inlawschool,readingcases islike provides acertainwindowintosociety,” he experience isgristforthemill, andlaw screenwriting career.“Asawriter,any Cochran believeshisJDenhanced his scriptshavebeenlaw-focused,but JAG Law schoolalso deepenedCochran’s Aside fromthefirst BOB COCHRAN: , and Falcon Crest Falcon 24 La Femme Nikita Femme La . , thenon L.A. Law L.A. example, alwaysplannedtobeacorporateortaxlawyer.Topre- tion, theywantto doing thetrulyinterestingwork.Insteadofrepresentingac- leave thelawbecausetheysoonfeelthatitistheirclientswhoare that appliestoallkindsofthings.” learned toexpressmyselfclearlyinwriting,whichisaskill from yoursbutyougettoheartheirlogicandreasoning.Ialso helpful,” saysNewark.“Classmates’opinionsmaybedifferent Being aroundalotofreallysmartpeoplewas,course,very practice inanalyzingtheissues,helpingtofigurethingsout. applies towhatshedoestoday.“Iapproachedlawschoolas career. PaulGoldstein’scopyrightclass,inparticular,directly taken onanintellectualchallengeanditspeakshighlyofthem.” someone reallysmartandopentolearning.Lawyershavealready former attorneys:“Whenyouhirealawyer,you’regetting management positioninamusiccompany. representing musiciansandthentransitionedtoanon-legal lawyer.” Afterlawschool,Newmarkworkedatfirms explains. “Infilm,itwastheagent.Inmusic, negotiating thedealsandmakingthingshappen,”Newmark entertainment industry. the careershesethersightsonafteracollegeinternshipin acquisition ofrightsinmusicalcompositions,whichisprecisely Universal MusicPublishingGroup,Newmarkhandlesthe executive vicepresidentofacquisitionsandstrategicprojectsat deliberate stepping-stonetoajoboutsideoflawpractice.As For Newmarklawschoolwasgreatpreparationforher As anexecutive,Newmarkhasfoundthatherbesthiresare “I examinedwhowerethepeopleveryinvolvedin Like Johns,LindaNewmark’88viewedlawschoolasa . Helaterco- The Commish The show, fewof be , a partoftheaction.CharlesCrockett’92,for whatever you’redoing.” and justiceinlife, period.It’srelevantin Law schoolgivesyouagreatsense offairness oriented cultureandmostpeopleare clueless. the lawworks,”heexplains.“This isalegally half-year courseinlegalthinkingand theway school students—shouldhavetotake atleasta Cochran adds.“Ithinkeverybody—even high make yourcase.” should beincluded.Lawhelpsyouargueand and havetodefenditpersuadethem with otherwriters,youhaveapointofview argument themostpersuasive.Inameeting words orphrasesastructuretomaketheir “Lawyers needtobepreciseandpickout S Legal trainingcouldbenefiteveryone, ome newattorneysdecideto “AS A WRITER, ANY EXPERIENCE IS GRIST FOR THE MILL, AND LAW PROVIDES A CERTAIN WINDOW INTO SOCIETY.” Bob Cochran ’74 (BA ’71) 24

Stanford Lawyer / Spring 2008 in bulletpointswasahugeplus.” review—helped metremendously.Beingforcednottowrite having thatadditionalwritingtraining—andbeingonlaw “You needtobeawareofdocumentsputinfrontyou.Also, because there’ssomuchdocumentationwork,”heexplains. suited totheventurecapitalandleveragedbuyoutbusiness Crockett believesthatlegaltrainingis“really,reallywell- Capital Group. capital and,afterrepeatedsuccesses,foundedAscendVenture capital work.Heandfriendshadbeeninvestingtheirown leveraged buyoutbusiness,Crocketttransitionedtoventure instincts weredead-on.Ilikedbankingmore.” much fasterinbankingthancorporatelaw.Mycareer which onehasdirectandextensiveexposuretotheclientwas investment bankingfollowinggraduation.“Thespeedwith corporate andtaxlawatbigfirms,Crockettreturnedto thought I’dbetterunderstandmyclientwhenIbecamealawyer.” investment bankbeforelawschoolbecause,heexplains,“I pare forthatcareer,hejoinedthefinancialanalystprogramatan CLARENCE OTISJR.’80 the financialdynamicsatcore.” itself, whichIsawasredundant.enjoyed rather thanthelitigationandcivilprocedure financial mattersthelitigationwasaround found Iwasprimarilyinterestedinthe trial andsettlement,”herecalls.“Isoon actually alotoftrialwork.Itwasmostlypre- really likewhatIwasdoing,whichnot law atabigNewYorkfirm.“ButIdidn’t Lobster andOliveGarden. which ownsrestaurantchainssuchasRed and chairmanofDardenRestaurantsInc., interest inthebusinessside,”saysCEO probably beacorporatelawyer.Ihadan he’d dowithalawdegree.“IthoughtI’d fascinated them andhowdedicatedtheywere,” sherecalls.“I lawyers andchose lawschoolbecauseshe“saw howmuchit Gardiner ’82(BA’79),forexample, camefromafamilyof realize theycannolongerdeny acreativepassion.Meg just aboutgoingtoX,Y,Zlawfirm orgettingaclerkship.” ing expansively”abouttheircareers. “Forstudentsthere,itwasnot Stanford LawSchoolpreciselybecausestudentstherewere“think- Though heneverpracticedlawinthetraditionalsense, After afewyearsinbankingandmorethe But aftertwolawschoolsummersexperimentingin After graduation,Otispracticedantitrust Even somesatisfiedattorneys leave lawpracticewhenthey C didn’t knowwhat CEO OFAMERICA’SRESTAURANTS rockett addsthathechose CLARENCE OTISJR.: recruited torunthepublicfinance worthy financing. if theycancreativelyputtogethercredit- those withalegalbackgroundhavelegup found thatbondworkis“verystatutory”and policy andgovernment,”hesays.Also, deals. “Ialwayshadaninterestinpublic your client.” banker, you’rereallyasenioradvisorto though, because“asaninvestment Otis’s legalbackgrounddidcomeinhandy, at theheartofdeal,”heexplains. saw thattheroleofinvestmentbankeris altogether andintoinvestmentbanking.“I After afewcompanymoves,Otiswas Later, Otisfocusedonpublicfinance So Otistransferredoutoflaw chance; it’sokay.’ Andtheyhearthat.” best senseofthe word,”hesays.“Thephilosophy hereis‘Takea unconventional jobs.“Ourstudents areentrepreneurialinthe Silicon Valleythataccountsfor somanyalumniwindingupin spirit ofStanfordLawSchool, ofStanfordUniversity,and justice. OrIcouldsingwithBobby McFerrin.” could doanythingIwanted.beaSupremeCourt experience “helpedimbuemewiththeunderstandingthat I I nowhaveratherthanadistasteforthelaw.” catch me.Butthatisameasureofmysatisfactionwiththecareer Gardiner quicklyreplies:“Nope.I’veescapedandthey’dhave to in legalese.Ilearnedhowtotellastoryandtakeposition.” practice, inteaching,andbeingawriter.Ilearnednottowrite things. Thegroundinginlegalknowledgehasbeenhelpful very much.“Theintellectualrigorpreparedmeforalotof whose boyfriendisatriallawyer. legal themes:Theprotagonistisalawyer-turned-journalist been translatedintoadozenlanguages.Gardiner’sserieshas written abookyearinthesameseriesandherworkhas a crimethrillerthatwaslaterpublished.Sincethen,she’s was timetoputuporshutup.”Shespentafewyearswriting took thefamilytoU.K. chose toteachlegalwritingclasses.Thenherhusband’sjob were young,insteadofpracticinglawparttime,Gardiner she hadthreekids“inquicksuccession.”Whenherchildren litigation firm.Beforelong,shegaveuplawpracticebecause saw thelawasworthyandsecure.Isatisfiedlives.” According toKramer,thereis somethingspecialaboutthe In fact,Gardineradds,herStanfordLawSchool But whenaskedifshehasanyplanstoreturnlawpractice, Gardiner insiststhatbeinganattorneyhelpedhersuccess “I alwayswantedtowriteanovel,”Gardinersays.“Andit After graduation,Gardinerjoinedasmallcommercial equitable.” to frameargumentsandthinkaboutwhat’s Law schoolhelpedmeappreciatetheneed together anarrativeasyoucommunicate. “It helpsyouthinkinalogicalwayandtoput relationships, politics,histories,”heexplains. social dynamicsatworkthatdrive to understandthelargerpictureand education teachestheimportanceoftrying the promotionsandtransitions.“Legal CEO in2004. several positionstoultimatelybeingnamed as treasurerandworkedhiswayupthrough led toacareeratDarden,wherehestarted he’d enteredthemanagementranks.That department atChemicalBank.Bythattime, Otis’s lawdegreebuoyedhimthrough S L

JAMES BAIGRIE LAWRENCE LESSIG WITH MATTERS LEGAL Culture (1999), works Internet; andhepublishedtheseminal creativity, andfreedomofspeech onthe neutrality, copyrightrestrictionsof of publiclecturesonissuesnetwork expression inallforms;hegavehundreds an internationalmovementforfreedomof Creative Commons,whichinturnsparked interests. Inaddition,heco-founded who waswillingtotakeoncorporate earned himareputationassomeone Extension Act.Thatcase,whichhelost, 1998SonnyBonoCopyrightTerm the Supreme Courtinahistoricchallengeto with theDepartmentofJusticebefore “Elvis” ofcyberlaw,hewenttoe-to-toe 10 yearsofLessig’scareer.Knownasthe activism arewhatstandoutoverthepast powerful combinationofscholarshipand nature ofthattaintedrelationship. sional candidatesandthequidproquo by specialinterestfinancingofcongres- ails Americanpoliticstoday—corruption views astherootcauseofmuchwhat Congress, amovementtotakeonwhathe schedule, he’sbusylaunchingChange easy thesedays.Apartfromafullteaching Getting timewithLawrenceLessigisnot Code andOtherLawsofCyberspace (2004), and The FutureofIdeas Q Code v 2 2 Code v (2001), (2006). • Free A WIRED for this He metwithElectronicFrontier FoundationattorneyFredvonLohmann’95(BA’90) run foracongressionalseatleft vacantafterthedeathofRepresentativeTomLantos. noted inaJune2007blogentry. Noivorytoweracademic,herecentlyconsidereda that I’vecometobelieveisthemost importantoneinmakinggovernmentwork,”Lessig whining, Iwanttoworkonthisproblem of professionstoo.Butratherthan should bewhiningaboutthecorruption corruption ofgovernmentforever.Weall public policyrangtruetoLessig. allows specialintereststoinfluence stymied bythepoliticalprocessthat address globalwarminghavebeen Gore, whoseobservationthateffortsto most notablyformervicepresidentAl individuals forinspiringthischange, of publiccorruption.Hecreditsseveral and IP,hewaschanginghisfocustothat spending 10yearsexaminingcyberlaw Last June,Lessigannouncedthatafter “It wasFebruary 1994andIwasreadingwhat wasthentheninthissue that “We’ve allbeenwhiningaboutthe Stanford Lawyer magazine had ever published.LaurieAnderson wasonthecover.John & interview justdaysafterdeciding againstenteringtherace. interview A

Stanford Lawyer / Spring 2008 2 5 “We all see the same kind of problem throughout modern American

Perry Barlow’s now iconic article, ‘The Economy of Ideas,’ THAT LEADS US TO THE NEW DIRECTION THAT was inside. When I picked it up, I’d never heard of John YOU’RE ENTERING INTO, THE PUBLIC CORRUPTION AREA. Perry Barlow and had no idea that an article by him would WHAT ARE YOU HOPING TO CONTRIBUTE? literally change my life.” That is how Fred von Lohmann We all see the same kind of problem throughout modern describes what he calls his “conversion moment,” the point at American life: institutions, skewed by special interest money, which he knew he would be a copyright lawyer. The that no longer have the luxury to decide issues on the basis of inspiration led to a seven-year career as a senior staff the merits. Law firms are an example of this. The firm of the attorney with the Electronic Frontier Foundation (the board 1920s and 1930s was a place where lawyers were allowed to say of which Lessig is a member) during which time he has what they thought was true about the law. Today, we see represented programmers, technology innovators, and amazingly talented lawyers who can’t say what they believe individuals in copyright and trademark litigation, including because of a potential “business conflict” with their firms’ the 2005 Supreme Court case MGM v. Grokster. clients. That emaciates the culture of the profession. Von Lohmann is a frequent commentator on PBS, CNN, and There is a similar problem with Congress today. We need network news channels and his opinion pieces have appeared in to believe that when Congress acts it does so because many of the top national newspapers. He has been recognized members studied the issue and believe it’s right for the nation, by the Daily Journal as one of the 100 most influential lawyers not because they’re worried about what an AT&T lobbyist and was awarded the prestigious California Lawyer magazine’s thinks about the matter, or whether the decision will affect California Lawyer of the Year award in 2003. the ability to raise money.

von Lohmann: THERE ARE MANY PEOPLE WHO WOULD SO WHAT DO YOU DO TO CHANGE CONGRESS? SEE THE ARC OF YOUR CAREER—FROM SERVING Something that strikes me is that people think there’s one thing POST-LAW SCHOOL AS A SCALIA CLERK TO FLIRTING WITH that’s obviously wrong. When you start untangling the issue, it’s 2 6 RUNNING AS A DEMOCRATIC MEMBER OF CONGRESS— not clear what exactly is wrong. There’s a whole movement to AND ASK HOW DO ALL THESE THINGS FIT TOGETHER? get transparency between contributions and politicians. And I Lessig: It doesn’t feel as incongruous as it seems, at least if think a large part of that effort is motivated by the idea that

Stanford Lawyer / Spring 2008 you identify where I started off as a kind of libertarianism. A some day we’re going to get the formula that predicts big part of what we libertarian lawyers do is about protecting corruption, i.e., if you get a thousand dollars from X, you’ll be rights against government intrusion. That’s not so different swayed to vote Y. That thinking comes from the mindset of the from where I was at the start. “evil actor,” the corrupt politician. But the best work gets you to The big difference between what I would have said see that it’s not about the corrupt politician; it’s not about a bad when I was 19 versus what I would say today is that now I person. It’s actually about how they live inside a system that recognize the importance of structures and the value of corrupts its own product. The point is to see the social norms limited government intervention, at least to remedy a that have developed around our institutions as responsible for failure of the market. I also now recognize that government much of the problem. The system itself allows—even has a proper role to effect redistribution. encourages—good people to become corrupt. Take lobbyists. I think they’re great people: smart and hard IT STRIKES ME AS AN INTERESTING VERSION OF AN OLD working. Many of them are lawyers. They work within a STORY—THOUGH POLITICALLY YOU’VE MOVED TO THE LEFT. system, quite legitimately. However, we know they change It feels that way—on the one hand, very strongly public policy priorities and we know they are influencing supporting rights and on the other hand, finding places to Congress and therefore the laws of the land. If everyone had critically cut back on the scope of government. Take the them, one lobbyist and one vote, then maybe there wouldn’t FCC: a massive institution that functions as a protectionist be the same sort of problem. But ordinary Americans don’t structure for powerful corporate interests. Why is that in have lobbyists working for them. our government? Why wouldn’t you want to have vigorous competition among all of the entities now effectively SO THE SYSTEM IS SKEWED. protected by the FCC? You could think of it as a Of course it is. I got into intellectual property recognizing the Reaganesque idea. Or, you could think of it as recognizing public domain didn’t have a lobbyist, but Mickey Mouse did. the ways government fails. There are a million issues like that. Not only esoteric issues life: institutions, skewed by special interest money. . .” LAWRENCE LESSIG

like intellectual property are affected by corruption. Critically candidates and focus our energies on getting them elected. important issues too. Global warming is an example. Here is We’ll say, “Here are the three or five or 10 races that we really the most important issue—global warming—but the think we can win and we need your help to do it.” The goal is government screws it up fundamentally because the system to get as many politicians as possible to take the anti- can’t filter through the junk science that’s been produced by corruption pledge. big lobbyists. Politicians consciously create a blindness toward corruption. The system that has developed requires so much HOW DO YOU DISTINGUISH BETWEEN A GRASSROOTS money to get elected, they can’t afford not to. APPROACH LIKE EMILY’S LIST AND A PAC? I use the analogy of the alcoholic: the alcoholic who is losing I don’t think in theory there’s anything wrong with PACs. his job, losing his life, losing his liver—those are the most The problem is in practice. There are two very different important issues to him in a certain sense. But the first issue he’s categories of PACs. There are those that are effective got to solve before any of those is alcoholism itself. That’s why aggregators of the wishes of a certain population, unions or this corruption thing is the first issue—it’s our alcoholism. their equivalent. Then there are other PACs, like a Microsoft PAC. There’s no plausible way for this second kind to claim SO LET’S TALK ABOUT YOUR RECENT TEMPTATION TO RUN that what they’re doing is just facilitating the aggregation of FOR CONGRESS. WHY DID YOU ENTERTAIN THIS RUN? the wishes of their stakeholders. It’s a short circuit to raising I blogged the fact that Lantos died. Five minutes later money versus raising money in a new way, which is what somebody posted a ‘Run Larry Run’ note. But I put that Obama is doing. The most important thing about his thought aside. And then I made this last speech about free campaign is the fact that a million people are supporting the culture during which I mapped out a strategy of what I campaign. He is demonstrating what the best possible public thought could address one part of the corruption problem—to financing of a campaign can be, namely not through huge change Congress. I stated it’s not going to come from the top PAC money but through individual contributions. down; it’s going to come from people building from the . 2 7 bottom up. And the best way to do that is to build a LET’S SAY A COUPLE OF WORDS ABOUT YOUR SUPPORT FOR movement—a parallel to Creative Commons in the political BARACK OBAMA. WHY DO YOU THINK HE IS THE RIGHT

space—to certify candidates as anti-corrupt. After I PERSON RIGHT NOW? Stanford Lawyer / Spring 2008 articulated that strategy there was a very big push for me to I knew him when he and I were colleagues at the run. I thought if I ran and I demonstrated that you could University of Chicago and I admired the extraordinary life actually convey these ideas, I’d prove the concept. I took it he had as a civil rights lawyer in Chicago’s south side, his very, very seriously and paid a private pollster the equivalent experience with politics in community service, and teaching of one year’s college tuition to see whether there was any at the University of Chicago. I had—and still do have—a possibility of success. There wasn’t—I’d be running against clear understanding of his integrity as a person. There is the most popular politician in Silicon Valley, and 30 days to nothing inauthentic about him. This is somebody who is get my message across was not enough time. I would have lost able to articulate issues and inspire people to the idea of by a wide margin and that big of a loss at this critical juncture, changing the way Washington is functioning. I also believe when the Change Congress movement is just launching, that the longer you’ve been in Washington, the less likely it would have been self-defeating as a real goal. is that you’re going to be able to do anything to change it.

YOU’VE PROPOSED ASKING POLITICIANS RUNNING GETTING BACK TO CHANGE CONGRESS, THIS IS ONE FOR CONGRESS TO ADOPT A THREE-PRONGED PLEDGE: INSTANCE WHEN YOU ARE VOICING HUGE OPTIMISM THAT NO PAC MONEY, ABOLISH EARMARKS, AND PUBLIC WE CAN CHANGE WASHINGTON. HOW CAN THIS FINANCING OF ELECTIONS. ARE YOU ASKING FOR THE MOVEMENT GET OFF THE GROUND WHEN THERE IS SUCH EQUIVALENT OF UNILATERAL DISARMAMENT? APATHY, A FEELING THAT THE SYSTEM CAN’T BE CHANGED? The goal is for this grassroots movement, Change Congress, to That’s a big part of it, of Americans feeling there’s nothing they develop and spread to the point that politicians feel can do. But the solution is to get people from both sides to recog- encouraged and pressured to make the pledge. It should nize that they have an interest in avoiding this corruption—in become an “Emily’s List” for reform. We’ll channel donations. looking at what creates the inevitable temptation, and changing it. We’ll target congressional races with Change Congress Changing Congress. S L judiciary is augmented by the current political landscape of judicial elections, which are currently held in 39 states in THE IMPORTANCE some form. In recent years, campaigns OF for judge have become contentious and vituperative, and candidates have had to JUDICIAL INDEPENDENCE raise more and more money to compete. By Justice Sandra Day O’Connor ’52 (BA ’50) Fundraising for judicial campaigns has skyrocketed, and special interest groups on both sides of sensitive cultural and economic issues have jumped into the fray to counteract their opponents’ efforts to influence elections. The weapons in this judicial “arms race” are campaign advertisements bankrolled by these O groups. Advertisements in judicial races ne thing that many too often send an unmistakable message law school graduates take for granted is an elemental understanding of to our citizens that a judicial candidate United States government function. If you make it to law school should be elected because she will rule without an understanding of our three co-equal branches of based on her biases, instead of suggesting government, you will absorb this lesson quickly in reading the voters should trust her to be impartial complex decisions of the judicial branch that are assigned starting on enough to set those biases aside. the first day of school. So for lawyers, regardless of specialty, it may As a result, voters in states that elect be easy to forget that this basic starting point may not be understood judges are more cynical about the 28 by the average citizen. In fact, only a little more than one-third of courts, more likely to believe that judges Americans can name the three branches of government, let alone are “legislating from the bench,” and less describe their role in our constitutional democracy. • For the likely to believe that judges are fair and

Stanford Lawyer / Spring 2008 legislative and executive branches, this lack of structural impartial. This distrust has the perverse understanding is unfortunate but does not necessarily have disastrous effect of making voters more inclined to consequences. Voters need not precisely understand the processes by elect their judges rather than allowing which policy is made to know that they agree with some politicians’ for an appointment process. If you do policy preferences and disagree with others. And, for the most part, not believe that judges are or can be fair these policy preferences can guide well-informed votes for candidates and impartial, you will want to select who will lead with accountability to voter preferences. Such judges by a process that you believe will accountability is an important attribute in our legislators and be most likely to result in a judge who is

POINT OF VIEW executives. • But the judicial branch is another matter because of its partial to you. unique function of fairly and impartially applying the law. Our To me, that is unacceptable. People nation’s judges should not be selected based on their policy must understand the role of the preferences, nor should they be influenced by voter preferences. judiciary so that they can properly Instead, they must be accountable to the law as it is and independent uphold its independence and ensure its from political pressure in the application of it. The citizens are the accountability to the law of the land. ultimate guardians of this function of the courts, and thus they must This understanding is essential to the understand it. • Unfortunately, more than three-fourths of Americans functionality of our government. believe that state judges should represent the views of the people of Alexander Hamilton wrote in The their state. I believe that public misperception about the role of the Federalist Papers that “[t]he complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which contains certain

specified exceptions to the legislative LAURA DUGGAN authority; such, for instance, as that it promote merit selection processes, typically far less rancorous than shall pass no bills of attainder, no ex whereby an independent commission contested judicial elections and do post facto laws, and the like. of citizens selects a pool of qualified not draw the same kind of interest Limitations of this kind can be judicial candidates from which the group money. preserved in practice no other way than governor of the state can choose an Merit selection is not a perfect through the medium of courts of justice, appointee. In many such systems system, but in my estimation it is the whose duty it must be to declare all periodic retention elections ensure that best process that has been developed to acts contrary to the manifest tenor of voters do not lose their voice in the strengthen demand for and achieve- the Constitution void.” Thus the judicial selection process. But these ment of judicial independence and independent judiciary is the only way uncontested retention elections are accountability to the law. S L to ensure that the tenets of our Constitution will be upheld even when they may be unpopular. The concept of judicial indepen- dence is essential to justice for each individual because, as Hamilton also said, “[N]o man can be sure that he may not be tomorrow the victim of a spirit of injustice, by which he may be the gainer today.” The citizens must understand that it is ultimately in their self-interest for judges not to be influenced by their policy preferences because of the possibility that one day they will be in a position in which their own cherished rights are politically unpopular. By building this perspective, we can grow a vibrant constituency of active citizens for judicial independence. This goal is impossible to fully achieve in states that continue to elect their judges in partisan judicial elections. In these states, the fundraising arms race will continue, and without structural reforms it will be hard for citizens to turn a blind eye to their immediate policy preferences in favor of the longer view of judicial independence. To solve this dilemma, proponents of judicial independence and account- ability to the law must work to

“OUR NATION’S JUDGES SHOULD NOT BE SELECTED BASED ON THEIR POLICY PREFERENCES, NOR SHOULD THEY BE INFLUENCED BY VOTER PREFERENCES.” Justice Sandra Day O’Connor ’52 (BA ’50) 3 0

Stanford Lawyer / Spring 2008 explains, thefirst stepofmeetingtheclientiscrucial. spring semester.Whilethework doneatSCLCisfast-paced,he three successfuljudgmentsfor clients justtwomonthsintothe hand,” saysMarkT.Finucane ’09,whohasalreadysecured matter ofweeks. interview throughtolitigationandnegotiation—oftenwithin a (per student)eachsemester,takingthemfromtheinitial Students sharpentheirlegalskillsonanaverageofsixcases cases arethe“breadandbutter”ofpractice. legislative sessiononaworkers’rightsbill—thelegalservices ’08, andBrodiehavebeenworkingonbehalfofaclientthis involved inpolicy-levelprojects—ChrisKramer,JD/MBA students, andthatmovequickly.”Whiletheclinicalsogets because theygiverisetocasesthattendbemanageablefor and SCLC’snewdirector.“Wechoseourthreepracticeareas the lawschoolfacultyin2006asanassociateprofessorof model ofclinical Little CaseModel A substantialsettlementwasnegotiatedonthespot. filed thecaseinstateenforcementagency,whereofficialimmediatelysawthatemployerhadtamperedwithreco wonthisone,havingspentcountless hoursporingovertheemployer’srecordsandherclient’sphotocopies.Bowman Bowman employer orlandlord.Theclinicpracticesinthreeareas:wagesandhourenforcement,landlord-tenant,criminalexpungemen world ofcourtsandlegalnotices. available. Itsstorefronthomeisbusywithasteadyflowofpotentialclientsseekinghelpastheyveerintotheoftenintimid surrounding thelawschool,StanfordCommunityLawClinic(SCLC)isoneoffew,oftenonly,legalservicesoptions AE.AFTERBEINGFIREDFROMASMALLGROCERYINREDWOOD CITY, WAGES. East PaloAlto. did certainlyinfluencedtheoutcomeofherclaim:ShetookittoLarisaBowman’09andStanfordCommunityLawClinicin would helpprovehercase:Shephotocopiedastackoftimecardsbeforeleavingthegroceryforgood.ThesecondthingRosa C “People oftencome tousinastateofextreme anxietyand “This wasmythirdhearingand bynowIfeellikeanold With aconstantflowofcases,there’sopportunity. • education,” saysJulietBrodie,whojoined This wageandhourscasetypifiesthemanytakenonbycliniceachyear—ordinarycitizensversus STANFORD COMMUNITYLAW CLINIC “I amverycommittedtothe‘littlecase’ LINIC Representing ThoseinNeed • Established toprovidelegalserviceslow-incomeresidentsofthearea By SharonDriscoll R Case Roundup explain yourrightsandtodefendyouincourt.” becomes lessscaryifyouhavesomebodycantrustto need toasserttheirrights,”saysFinucane.“Everything part ofourcounselingjobistogivethemtheconfidencethey up theirdefense. and tookdepositions towork conducted afact investigation Genevieve Fontan’09 and Alexis Rickher’08 because ofacookingfire. threatened witheviction very littleEnglish,whowere Egyptian immigrantswhospoke low-income couple,elderly successfully settledacasefor In onecase,theclinic threatenedwitheviction. clients scoredseveralwinsfor has The Brodie hasputher10yearsofclinicallegaleducation Community LawClinic OSA KNEWSHEWASBEINGCHEATEDOUTOF Rosa, apseudonym,didsomethingthat the leastseverepunishment by proceedings, the judge imposed arguments. Atthe endofthe Beltramo deliveringclosing hour sentencinghearingwith presented evidenceinatwo- Beltramo andSimpson crimes, wasinappropriate. by committingnonviolent had pickedupthreestrikes sentence fortheirclient,who successfully arguedthatalife David Simpson‘09(BA’06) Alisha Beltramo‘09and The Criminal DefenseClinic ating ’s rds. t. GREG CLARKE amicus curiae amicus Frontier Foundation (EFF),asan of itsclient,theElectronic Cyberlaw Clinic of thepositionthat The NinthCircuitruledinfavor clinical education. dean forpublicinterestand Clinical Educationandassociate Stephanie MillsDirectorof C. Marshall,theDavidand in thiscontext,”saysLawrence defense workhehadeverseen presentation wasthebest David’s andAlisha’s Cunningham noted...that law (14years).“JudgeRay in thecommunityforthiskindofrepresentation,”saysBrodie, “unlawful detainer”casesastheyarecalledinCalifornia. training groundwiththeadditionofevictionwork,or experience towork—expandingthereachofthisimportant NEWS “No onewasdoingunlawfuldetainerwork,sowesawaneed in took onbehalf DirecTV v. DirecTV Huyhn several statesand publicinterest Diversity, whichalong with the CenterforBiological celebrated avictoryforitsclient, The in thecase. Trevor Dryer’06assisted research. DavidPrice‘06and on legitimatescientific scientists andothersworking not applytocomputer argued thattheprovisionshould satellite signals.Theclinic equipment designedtointercept “assembly” or“modification”of provision prohibitingthe Environmental LawClinic , acaseinvolvingfederal draft theopeningandreplybriefs. Ratner ‘08helpedresearchand trucks. NoahLong’08andBen standards forSUVsandpickup when itsetnationalgasmileage law byignoringglobalwarming ruled thattheNHTSAviolated Ninth CircuitCourtofAppeals (NHTSA). OnNovember15,the Traffic SafetyAdministration against theNationalHighway groups wonafuel-emissionscase Learning byDoing Learning clinical professorattheUniversityofWisconsinLawSchool. attorney generalforthestateofWisconsinandthenanassociate who beforejoiningtheStanfordLawfacultywasanassistant California Lawyer California would almostcertainlyhavebeenhomeless.” client werepresentedhadn’tfoundalawyer,sheandherson people withrealproblems,”saysFinucane.“Ifthehousing illness. Buttherewardofrepresentingclientsinneedisclear. clients w from her.”Thecasehighlightedissuesspecifictodealingwith way thatshedid,”saysBowman.“ButI’velearnedsomuch client’s undiagnosedmentalillness.“Ididn’tseetheworldin recent evictioncaseasparticularlychallengingbecauseofthe “new takeofanold-schoolpovertylawyer,”describesone requires morethanlegalskills.Bowman,whohopestobea to handlethis?”Thoughsometimesansweringthatquestion questions withaquestion:“Whatdoyouthinkisthebestway work theirwaythroughfirstreallawyeringexperiences. Jessica Steinberg’04—theyaregivenalotofleewayasthey lecturer DanielleJones,and(current)JayM.SpearsFellow while theyaresupervisedbyBrodie,alongwithlawschool individual clientcasesfromintakethroughdisposition.And as counselinthiscase. Year” basedonher contributions of California’s“Attorneys ofthe Deborah A.“Debbie”Sivas’87one director andlecturerinlaw “SCLC offersthechancetodoveryrealworkfor Bowman observesthatthefacultytypicallyanswerstudents’ ho arestrugglingwiththestressesofpovertyand named clinic Students areresponsiblefortheir children andfamily. the UnitedStates withher was allowedto Schermerhorn ‘08,theclient Hewan Teshome‘08andPeter Thanks totheadvocacyof by herU.S.citizenhusband. physical andpsychologicalabuse woman fromMexicowhosurvived behalf ofanundocumented Violence AgainstWomenActon obtained reliefunderthe including oneinwhichtheclinic abused bytheirpartners, from Mexicowhohadbeen involving undocumentedwomen successfully handledcases The Immigrants’ RightsClinic remain in

Stanford Lawyer / Spring 2008 3 1 3 2

Stanford Lawyer /Spring 2008 T U.S. SUPREMECOURT Supreme Courtlitigationfirms. rarely reachedbyeventhemostactive cases beforetheCourt—anumber clinic instructorswillarguearecordsix During thespring’08semesteralone nimble teamisbestingitsownstats. the highestcourtinland.Nowthis mission issimple:probonolawyeringat of theSupremeCourtbar.Andits respected institutioninthesmallworld anywhere, ithasquicklymaturedintoa Goldstein asthefirstclinicofitskind Pamela S.KarlanandThomasC. Clinic. LaunchedinJanuaryof2004by Stanford’s SupremeCourtLitigation feel likeasecondhometomembersof Supreme Court bartothebroaderlegalcommunity. Todaymanycasesare directed the reasonsforclinic’songoing success.” the onestoidentifythisgapin theSupremeCourtbarandthatiscertainlyoneof challenging atthecertstagebefore theCourthastakenacase.“TomandPamwere often havealegupintheCourt,” saysFisher,whonotesthatthisisparticularly that areripefortheCourt’sreview. The instructorshavebeenparticularlyadeptatidentifying casesatthecertstage client teams,andinchoosingcases—isanimportantelement oftheclinic’ssuccess. meaningful workthatwillprovideavaluablelearningexperience,” saysFisher. to focusonbasedonlythecriteriathatyouthinkit’sworthwhile andinteresting, landmark casesof and fourargumentsbeforetheCourtalreadyunderhisbelt includingwinsinthe Supreme Courtlitigation,FishercametoStanfordLawwithmorethan20cases fall 2006withtheadditionofJeffreyFisherasKarlan’sco-director.Nostrangerto hour ofthedaywhenclinicisn’tworkingsomewhere.” Jeff, whotendtostayuplate,andme—Igetat5a.m.Thereliterallyisn’tan “We have24-hourcoveragebetweenourEastCoastinstructors,studentsand Interest LawandSupremeCourtLitigationClinic(SCLC)foundingdirector. don’t sleep,”saysKarlan,KennethandHarleMontgomeryProfessorofPublic C And fouryears on,theSCLC’sreputationfor excellencehasspreadbeyond the “Many peoplecannotfindrepresentation fromSupremeCourtinsiders,who Strategy atallstages—inwritingabrief,inlayingoutanargument, insettingup “It’s anabsoluteprivilegetobeablepickandchoosethe work thatyouwant HE HALLOWEDHALLSOFTHE SUPREME COURT LITIGATION CLINIC Blakely v. Washington Blakely v.Washington are startingto LINI • “We A Record-SettingSemester and Crawford v.Washington By SharonDriscoll • The teamexpandedin . level ofstrategic thinkingisamazing.” says AndrewDawson’08(BA ’03). “The five pageslong.Everywordmattered,” section ofonebriefthatwasonly fouror the getting thingsrightthefirst,orperhaps Law studentswhoareaccustomedto grueling—particularly forStanford pitch-perfect. Theprocesscanbe each phraseoftheirargumentuntilit’s points—reviewing strategy,turning 10, 12,and14times,fine-tuning of theSCLCdraftandredraftbriefs Crafting istheirbusiness,asmembers The ArtoftheBrief Laboratory, and semester, including the sixmeritscasesscheduledthis to theclinicbylocalattorneys.Fourof Students know thatthisclinic,while “It tookthreemonthstowork ona second Meacham v.KnollsAtomicPower time. were referredtotheclinic. Kennedy v.Louisiana

MEL CURTIS C tation oftheentireclinicandall of theCourtwe’reputtingrepu- students thateverytimewegoinfront Court argument. crucial tothesuccessofaSupreme commitment totheclinic’sworkis business. Eachstudent’s110percent someone else.”Andthisisserious idea, andthatideawillbeeditedby orative. Eachpersonwillhaveanew ience,” saysDawson.“It’ssocollab- seamless—and shouldbe,”saysKarlan. claim authorship.“Thefinalbriefsare final noonestudentorinstructorcan editing instructors.Bythetimeabriefis students editingandinstructors not onlyinstructorseditingstudentsbut Everyone contributestotheprocesswith and writingprogramatitscore. units ofcredit.Anditisalegalresearch commitment—one worthafullseven everyone. Forstarters,it’sabigtime certainly highprofile,isnotrightfor so happened,Fisherandtheclinic’s co-directorPamelaS.Karlanpresented so whenthere’sadeadmomentyou havesomewheretogo.” petitioner, issittingtohisright.Afterit’sdone,Stewartwaitshear howhefared. He’d spenttwosemestersimmersedinthecase,researchingand writing briefs. before theinstructorswhowouldbetakingittoveryrealstage oftheSupremeCourt. test-drive theargumentsthatheandhisclinicclassmateshadlabored overforweeks,all interrupted. and oneoffive“justices”sittingatthejudge’sbenchinlawschool’smootcourtroom. new baseline?”asksJeffreyFisher,co-directorofStanford’sSupremeCourtLitigationClinic The mootcourtsessionof One minuteintohisoralargument MAY ITPLEASETHE COURT... anxious toseehow thejusticeswouldrespondtoour arguments.” hard workonthe case,”saysBakowski.“Butitwas alsonerve-wrackingbecause we were doubleheader. Fiveclinicstudents tookthecross-countryflighttocatchaction. sentences beforebeinginterrupted,”saysFisheroftherapid-firenature oforalargument. judges providefeedbacktobothcounselors. students whoserveasjudges.Thisisfollowedbytheinstructor’s argument,afterwhich moot sessions,astudentpresents10-minuteargumentbeforegroup offacultyandclinic podium, arguing United States States United “We’re constantlystressingtothe “It wasdefinitelyabondingexper- On March24,Fisherfoundhimself inWashington,D.C.,makinghisowntransitions.Asit “You didgreat,”saysFisher.“But makesureyouhaveacoupletransitionsinyourhead “Watching thearguments livewasgratifyingbecause itwastheculminationofall our One dayafterthe “A lawyerintheSupremeCourtdoesnottypicallygettospeakmore thantwoorthree Lively exchangesarethenorm. • “So whatmakesastatelawgointoeffect?Atmomentdoesitbecome and Burgess v. United States United v. Burgess Riley v. Kennedy, Kennedy, v. Riley Riley v. Kennedy v. Riley Riley v. Kennedy v. Riley NEWS respectively, onthesamedayin a rareSupremeCourt moot session,ScottStewart’08isstandingatthe is auniquelearningopportunityforBakowskito before thebench.Fisher,whorepresents Cutler PickeringHaleandDorrLLP Circuit andnowworksatWilmer U.S. CourtofAppealsfortheFourth since graduatinghasclerkedonthe me now,”saysJuliaLipez’06who lessons Ilearnedareextremelyusefulto writing bootcamp,inthebestway.The workplace. graduated alumnigetuptospeedinthe in thecliniccertainlyhelpnewly is reallyimpressive.” the beginningandendofasemester the levelofstrategyandwritingbetween skills,” notesFisher.“Thedifferencein huge gainsintheirwritingandadvocacy tangible results.“Thesestudentsmake Court, whilechallenging,doeshave writing requiredtoreadybriefsforthe a credibleargument.” things beyondtheboundariesofwhatis “We cannotmakemistakesorpush instructors ontheline,”saysKarlan. in Riley v. Kennedy v. Riley “The clinicisakintoaresearchand Skills sharpenedwhileparticipating The intensityoftheresearchand —AMY POFTAK(BA ’95) Alan Bakowski‘08is Burgess v. Burgess • In typical • to,” saysKarlan. case, it’ssomething theyshouldlisten think thatiftheStanfordclinic takesa expertise inwhichthejustices cometo don’t appeartobebreakingtheir stride. confirmed forthefallsemester—they flow—three argumentsarealready define SupremeCourtlitigationwork dozens ofcasesinthevariousstagesthat students vyingforits15spots.With record highthissemesterwith46 anywhere else,”saysRachelLee’09. Court. “It’sanopportunityyoucan’tget their instructorsbeforetheSupreme clinic’s casesbroughttolife,arguedby field triptoD.C.wheretheycanseethe once duringtheirsemesterforanoptional divided amongthem. with 15studentsingroupsofthree,cases Amy HoweandKevinRussell)work boutique firmHowe&Russell,P.C., practice, andtheprincipalsofD.C. co-directs AkinGump’sSupremeCourt instructors (includingGoldstein,who of theclinic,whereSCLC’sfive take placeinthesmall-scaleenvironment for collaborativeworking.” teamwork. Theclinicwasgreattraining clerk orworkatafirm,it’sallabout was clerking,”saysLipez.“Whenyou beneficial tomehere,asitwaswhenI the piece–thathasbeentremendously the sideandnotfeeloverlypossessiveof the clinic,oflearningtoputmyego “The experienceofworkinginteams two SupremeCourtbriefsatherfirm. position, Lipezhasalreadyworkedon issues inthenation’shighestcourt.” while tryingtosolvereallyimportant are atthetopoftheirgame.Andall opportunity toworkwithpeoplewho in NewYork.“Itwasanextraordinary “We aimtodevelopareputation for Applications fortheclinichita But studentsdocomeupforairatleast This kindofintenselearningcanonly Just fivemonthsintoherassociate

Stanford Lawyer / Spring 2008 3 3 3 4

Stanford Lawyer / Spring 2008 helped prepare depositions. Olinger drafted discoveryrequestsand client meetingswithJ.C.’s parents, case. Inadditiontoattending several in theinitialstagesofbuilding J.C.’s YELP infall2006whenthe clinic was Jonathan Olinger’08,who joined hands—is verymotivating,”says to—and whosefutureisinyour denominator istheclient. advocacy topolicyresearch,thecommon variety offorms,fromlitigationto any onetime.Whiletheworktakesa end, theclinichandles10to12casesat ground forfuturelawyers.Towardthat while providingacompellingtraining and excellent”educationalopportunities disadvantaged youthhaveaccessto“equal YELP’s raisond’etre:toensurethat deaf anddevelopmentallydisabled.” just forJ.C.,butallchildrenwhoare and directorofYELP.“It’savictorynot Wright ProfessorofClinicalEducation Koski (PhD’03),EricandNancy contributions tothiscase,”saysWilliam our studentsmadeextraordinary practice toparticipatinginmediation, California DepartmentofEducationlastSeptember. Education LawProject(YELP),whichreachedasettlementwithCSDandthe Unified SchoolDistrict.Itwasalsoatriumphforthelawschool’sYouthand tried toplaceherinaprogramforhearingchildrenwithautismtheFremont true forJ.C.’sparents,whofoughttokeeptheirdaughteratCSDaftertheschool that isspeciallydesignedfordeafchildrenwithdisabilities.Theclassawishcome join anewclassattheCaliforniaSchoolforDeaf(CSD)inFremont,Calif., C “Having aclientyoucanputface The CSDcaseisaperfectexampleof “From briefwritingtodeposition Youth Project andEducationLaw LINIC Offers Hands-OnPractice By AmyPoftak(BA’95) T statutes tofind the answer. spent hoursporingovercases and Velcoff ’08andCraigZieminski ’08 services ifthedistrictcannot. Rachel whether thestateisrequiredto provide possible remedies. has askedYELPtobriefhimon U.S. districtjudgeTheltonHenderson has broughttheissuetoforeagain. a recentstaffingshortageatthedistrict plan thatputRCSDbackontrack,but consent decreeandself-improvement settlement in1999thatresulteda disabilities. Koskihelpedbrokera priate servicestostudentswith (CDE) forfailingtoprovideappro- California DepartmentofEducation (RCSD) inEastPaloAltoandthe Ravenswood CitySchoolDistrict 1996 class-actionsuitagainstthe involved inacasethatbeganwith long term.Currently,theclinicis matter ofmonths;othersaremuchmore future wasagreatopportunity.” experience inthingsIwanttodothe “Getting achancetogainhands-on I PIG 6YA-L ..WILL HIS SPRING,16-YEAR-OLDJ.C. “We foundcases whereincertain One questionthecaseturns onis Sometimes casesareresolvedina “I wanttobealitigator,”hesays. NEWS us instead.’And wedid.” to thinking‘maybe theseguyscanhelp organization wesue,”hesays. “They got oration betweenunlikelypartners. ment, saysitwasaproductive collab- Harvard’s KennedySchoolof Govern- inspired byatalkKoskigaveat from HarvardLawSchoolafterbeing December 6. findings tothecoalitioninSacramentoon Sado ‘09(BA’06)presentedtheir ’08, WilliamRawson‘08,andWhitney with Koski,clinicstudentsJesseHahnel money forspecialeducation.Together for whydistrictsshouldreceivemore asked YELPtodevelopalegalargument Funding forSpecialEducation,which was fortheCoalitionAdequate presses forchange.Onerecentproject clients,” saysKoski. solving skillstoadvocatefortheir working creativelyandusingproblem- and whattheclinicisallabout:students school afterbeingexpelledforfighting. secured ateenager’sreturntohigh one notablecase,studentssuccessfully develop forstudentswithdisabilities.In which publicschoolsarerequiredto individualized educationplans(IEPs), administrators todiscusstheirclients’ countless meetingswithschool advocating forindividuals.Theyattend they alsospendmuchoftheirtime change atthedistrictandstatelevel, in RCSDreceivenecessaryservices. responsibilities inensuringthatchildren to compeltheCDEassumegreater central inpersuadingJudgeHenderson a November14hearing.Thatbriefwas Velcoff, whodraftedabrieffiledbefore step inandmakeupthedifference,”says dire situationsthestateisrequiredto Hahnel, whotransferredtoSLS Public policyisanotherwayYELP “This wasaclassicpieceoflawyering While YELPstudentsprovoke “Normally thecoalitionistype of S L PERSPECTIVES The global Islamic finance market is currently estimated at $400 billion and is growing at a rate of 20 percent per annum. Sovereign wealth funds of AT THE INTERSECTION Middle Eastern nations, Islamic banks, OF LAW, FINANCE, and individual Muslim investors have AND FAITH recently taken large positions in Western firms. Prominent examples include the By Ashley Conrad Walter JD/MA ’09 government of Abu Dhabi’s purchase of a 7.5 percent stake in U.S. private equity powerhouse the Carlyle Group, Borse Dubai’s purchase of large stakes in NASDAQ and AIM, and the govern- ment of Dubai’s purchase of a con- trolling stake in U.S. luxury clothing retailer Barney’s. S Faith-based investment presents a set ocially responsible of unique and fascinating legal issues. investment (SRI) has recently garnered a great deal of attention due to They can generally be divided into two its increasing popularity among financial professionals and investors. categories. First, the religious doctrines The investment space referred to as clean technology, or “cleantech,” is to which the investment criteria of faith- perhaps its most prominent offspring, growing at a staggering pace on the based funds refer are usually couched in heels of increased public attention to global climate change and a strong the language of law or legalistic endorsement by the business community. Venture capitalists put more argument. Deciphering this legal money into cleantech in the first nine months of 2007 than in the language can be an imposing task. previous two years combined and VC investment in cleantech is Indeed, the type of close reading and 3 5 approaching the percentage of investment claimed by Internet logical analysis to which one would companies. • The SRI category has also spawned a lesser-known subject a modern statute is frustrated by

strategy called “faith-based investment.” This strategy stipulates that the archaic content and form of the text. Stanford Lawyer / Spring 2008 investors commit capital based upon investment criteria that are For example, in order to examine constructed according to religious principles, usually pertaining to a Thomas Aquinas’s theory of virtue in his particular religious denomination. I was introduced to this multifaceted Summa Theologiae—a crucial text for field through the joint degree program at Stanford Law School. After understanding Catholic investment completing almost a year of law school, I applied and was admitted to the criteria—one is forced to navigate his master’s program in the Department of Religious Studies at Stanford scholastic argumentative technique.

University. This program allows me to complete both a JD and a Master PLEASE SEE PAGE 88 of Arts in three years. • As an object of study, faith-based investment exists in what heretofore could be labeled an academic no-man’s land: no one department, course of study, or program can lay claim to it. And interested scholars will find that traditional academic programs are nonexistent; its theoretical and practical treasures lay undisturbed. The joint degree program affords me entry into this undiscovered frontier and enables me to study the intersection of my interests in a way that would be impossible within the confines of a single discipline. • Catholic, Protestant, Jewish, and Islamic investment funds have been attracting record capital in recent years. Between 2000 and 2006, the dollar amount of assets managed by faith-based mutual funds increased sevenfold to $16 billion. Christian Brothers Investment Services, the largest investment management firm that caters to Catholic investors, now manages more than $4 billion in assets, an increase of almost 45 percent since 2001. It is

JENNIFER PASCHAL Islamic finance, however, that is driving faith-based investment growth. 3 6

Stanford Lawyer / Spring 2008 F Presidential Fund. installment ofthe$3million grant moneyinthisthird projects selectedtoreceive are involvedintwoofthefour people.” StanfordLawfaculty for hundredsofmillions healthier, morepromisingfuture around theworldandtocreatea capital, andhumandevelopment academic knowledge,social have greatpotentialtoadvance commented, “Theseprojects President JohnHennessy and HumanRights.”Stanford project titled“Courts,Politics Professor TerryKarlfortheir Department ofPoliticalScience Martinez receivedfundingwith Intervention.” Cohenand Survey andRandomizedField Indian FirmsPoorlyManaged?A their projecttitled“WhyAre Aprajit Mahajan(BA’95),for professors NicholasBloomand economics departmentassistant received funding,with Studies. HellerandJensen for InnovationinInternational the StanfordPresidentialFund totaling nearly$1millionfrom among therecipientsofgrants with lecturerErikJensen,are and JennyS.Martinez,along Thomas Heller,JoshuaCohen, Stanford LawSchoolfaculty Grant Recipients Studies International Innovation in ACULT co-counsel in incomplete andinadequate”—as sport utilityvehiclesas standards forlighttrucksand the federalfueleconomy Circuit CourtofAppealstoreject “convincing theNinthU.S. Sivas wascitedforherwork a profoundimpactonthelaw.” whose achievementshavemade “attorneys acrossthestate CLAY awardsrecognize “Attorneys oftheYear.”The Law Clinic,oneofits34 director oftheEnvironmental Sivas ’87,lecturerinlawand named DeborahA.“Debbie” California Lawyer Lawyer California Sivas Nameda the magazine. published intheMarchissueof full listofhonoreeswas were presentedinMarchandthe Attorney oftheYearAttorney C Biological Diversity v. National v. Diversity Biological Highway Traffic Safety Traffic Highway a Administration l i f o r n i a

Center for Center L . Theawards a w magazine y e r Technology, appearson Program inLaw,Science& director oftheStanford H. NeukomProfessorofLawand Mark A.Lemley(BA’88),William on Lemley 100,” appeared on“TheDirectorship Joseph A.Grundfest’78 on Grundfest Lawdragon Keker &VanNestLLP. others. Lemleyisofcounselat Google, Intel,andNetflix,among regarded byclientsGenentech, and thecourtroom”well “equally adeptintheclassroom publication referstoLemleyas impact onourworld.”The who are“havingthebiggest Securities ClassAction founder oftheStanford former SECcommissioner and lasting impact.”Grundfest,a and otherswhohavemadea regulators, politicians,advisors, “directors, professors, September. Thelisthonors governance,” publishedlast players incorporate list of“the100mostinfluential “Top 100”List L a w D d Directorship i r r a e c g t o ’s listof500lawyers o n r ’ s s Top 500 h i p magazine’s ’ s Court.” Eighteenth-Century Merchant Norms andSelf-Interestinan article, “EnforcingVirtue:Social 2005 SurrencyPrizeforher Kessler wasawardedASLH’s reviewing selectmanuscripts. and beresponsiblefor Kessler willeditbookreviews ASLH’s publication, named associateeditorof addition, Kesslerwasalso officers asvacanciesoccur.In nominations fordirectorsand prize committees,andsupplying to theSurrencyandSutherland treasurer, designatingmembers for nominatingthesecretary- The committeeisresponsible until hertermexpiresin2010. committee, isexpectedtoserve Kessler, oneoffiveonthe Committee lastOctober. History (ASLH)Nominating American SocietyforLegal Scholar, wasappointedtothe and HelenL.CrockerFaculty ’01), associateprofessoroflaw Amalia Kessler(MA’96,PhD Editorship ASLH Committee, Kessler Namedto Directorship finalist committeeand and ultimatelyselectedbya experts, alongwithreaderinput, by a12-memberpanelof Clearinghouse, wasnominated History Review History editors. . Inthisrole Law and Law Y NEWS

law and John A. Wilson Distinguished Faculty Scholar, experience, and capacity for won the 2007 Surrency Prize. innovation to addressing the Morantz’s winning article, stay on the Daily Journal’s Top greatest challenges facing our “There’s No Place Like Home: 100 list every year since it oceans.” Homestead Exemption and began in 1998.” Sullivan is Mills Appointed Judicial Constructions of Family noted by the journal as “one of Heller Among Co-Chair in Nineteenth-Century the nation’s preeminent Stanford Researchers of NAACP Board America,” addresses state appellate lawyers” and in past Recognized as Lead Senior lecturer David W. Mills was regulation, ownership, and issues has been praised for her IPCC Contributors appointed co-chair of the NAACP homestead exemption in “sterling career” and courtroom Thomas C. Heller, Lewis Talbot Legal Defense and Educational nineteenth-century law. The performances. Sullivan is the and Nadine Hearn Shelton Fund board of directors last award is presented to the founding director of the Professor of International Legal November. The LDF pursues author(s) of the best article Stanford Constitutional Law Studies, has been recognized as racial justice by targeting issues published in the Law and Center and a partner at Quinn one of the lead contributors to of education, voter protection, History Review during the Emanuel Urquhart Oliver & the United Nations’ and economic and criminal previous year. Amalia Kessler Hedges, LLP. Intergovernmental Panel on justice through advocacy and won the prize in 2005. litigation efforts. The Caldwell Named organization is currently involved Rabin Presented with Interim Director of in several capital punishment AALS Torts Award Ocean Center 3 7 cases (it recently succeeded in Robert L. Rabin, A. Calder Mackay Margaret “Meg” Caldwell ’85 overturning a death penalty for a Professor of Law, is the recipient was appointed interim director

client in Commonwealth of of the Association of American of the new Center for Ocean Stanford Lawyer / Spring 2008 Pennsylvania v. Raymond Law Schools’ William L. Prosser Solutions (COS), a collaboration Whitney), school desegregation award. The annual award honors between Stanford University, and integration cases, and a law professor “who has made the Monterey Bay Aquarium, election protection cases. outstanding contributions to torts and the Monterey Bay scholarship, teaching, and Aquarium Research Institute Climate Change (IPCC), which Morantz Awarded service,” according to the AALS focused on developing shared the 2007 Nobel Peace Surrency Prize Torts and Compensation Systems strategies to address Prize with former vice president For the second time in three section newsletter. Rabin environmental and economic Al Gore. Gore and the IPCC were years, the American Society for accepted the award in January. problems facing the world’s awarded the prize “for efforts to Legal History awarded its oceans. Established in January build up and disseminate greater Surrency Prize to a Stanford Sullivan Stays on Top of with a $25 million grant from knowledge about man-made Law faculty member. Alison D. Daily Journal List the David and Lucile Packard climate change and to lay the Morantz, associate professor of Kathleen M. Sullivan, Stanley Foundation, COS will be located foundations for the measures Morrison Professor of Law and in Monterey and managed by that are needed to counteract former dean, was included in Stanford’s Woods Institute for such change.” Along with Heller, the Daily Journal’s “Ten for 10: the Environment. Caldwell Stanford researchers Chris Field Lasting Influence” list, published praised COS for its (PhD ’81), Michael Mastrandrea JENNIFER PASCHAL last September. The list, a “commitment to applying our (BS ’00, PhD ’04, PD ’06), Terry AND special supplement to its annual collective knowledge, Root, Stephen Schneider, and “Top 100: California’s Leading John Weyant contributed to Lawyers” publication, honors 10 reports produced by the IPCC.

MICHAEL JOHNSON lawyers “who have managed to (See page 12 for full story.) 3 8

Stanford Lawyer / Spring 2008 emerging fieldofgeneticgenealogy of LawHENRYT.“HANK”GREELY(BA’74)inanOctober7interviewwithLeslieStahlfora don’t gobelowthenormalstandardsofmarketplace.Buttheyaboveiteither.” “You know,beercommercialsimplythatdrinkingtheirwillmakebeautifulwomenfallalloveryou.Ithinkthegeneticgen announced bytheBushadministration ALUMNI AND FACULTY SPEAKOUT on theFebruary13episodeof number ofreasons.” of racismwhenthey’renotracistisbadforracerelationsa old schoolracismthat’sstillaproblem inoursociety. Butaccusingpeople in aDecember9 is veryinterventionist,eventotheextentit’svoluntary.” you havereducedthestickthatstandsbehindcommitmenttopayonmortgage.Iwouldthinkthismakemarkets that foreclosuresareabadthingorunhealthy.Foreclosuresnaturalpartofmarketdiscipline.Ifyoutakeouttheimpac “It givesasensethatthegovernmentoughttobeengagedinrescuingborrowersthisparticularcategory.Italsoconveysth Woods InstitutefortheEnvironment, inaDecember21 BARTON H.“BUZZ”THOMPSONJR, JD/MBA’76(BA’72),RobertE.ParadiseProfessorofNaturalResources Lawandco-director, “One, yousue..Two,lookfor alegislativefixthatwouldrequireCongresstoclarify..Three,you waitforthe states havetheright tosuethegovernmentoverautomobile emissionsstandards reform legislationthatwouldchangetheformulafordamages of Law,quotedinaJanuary13article patent ownerareentitledtomorethanyourinventionhascontributed toaproduct.” “I havetosayI’mfranklyastonishedthatapportionmenthasbeenthis controversial...Ican’tthinkofastraight-facedargu “. . .Racism hasn’tgoneaway.“. ..Racism We haverealracialinjusticesandwe San Francisco Chronicle Francisco San to protectoceans,”discussingthecreationofCenterforOceanSolutions also helping to bring them to fruition.” also helpingtobringthemfruition.” center andacross theseinstitutionsisnotonlyofferinguppracticalsolutionsbut But wewanttomake surethattheworkwe’redoingwithin “It’s atraditionofsciencetonotgetinvolvedinthemessinesspolicymaking… ’85 the leakofdetaineesnamesatGuantánamoBay,acopywhichOlshanksky receivedinaValentine’sDaycardsenttoher would send me something with the return addressGuantánamo?’’ would sendmesomethingwiththereturn wise-assfriends..WhywouldIbelievethatsomeone [else] “I havealotofvery Professor inHumanRights in aJanuary10 The Colbert Report Colbert The George E.OsborneProfessorofLaw nthe in San Jose Mercury News Mercury Jose San The New York Times York New The article, “Loanbailoutisnotlikelytohelpmanyhomeowners,”aboutthesubprimeratefreezeplan BARBARA OLSHANSKY’85 , discussinghisbook, New York Times York New G. MARCUSCOLE,Wm.BenjaminScottandLunaM.ProfessorofLaw, , “TwoViewsofInnovation,CollidinginWashington,”aboutproposed patent article, “GroupIncludingStanford,MontereyBayAquariumformcenter RICHARD THOMPSONFORD(BA’88) The Race Card Race The article, “E.P.A.RulingPutsCalifornia inaBind,”examiningwhether17 Senior lecturerinlaw in anOctober21 MARK A.LEMLEY(BA’88),WilliamH.NeukomProfessor Deane F.andKateEdelmanJohnsonProfessor 60 Minutes 60 New York Times Magazine Times York New MARGARET “MEG”CALDWELL segment, whichanalyzedthe next administration.” , Leah KaplanVisiting ment thatyouasa t offoreclosures, article discussing ealogy companies e message nervous. This “We’ve been under the radar, if you will, with government and certain industries. … As we’ve grown, we’re engaging a lot more. We’ve had to put a lot more emphasis on engaging.” Google senior vice president and chief legal officer DAVID C. DRUMMOND ’89 in a January 14 New Yorker article, “The Search Party”

“To view this as a feminist litmus test is a mistake.” DEBORAH L. RHODE, Ernest W. McFarland Professor of Law, quoted March 2 in the San Jose Mercury News. The article, “Obama-Clinton race creates feminist split,” focuses on how women feel divided between Hillary Clinton and Barack Obama. “What you have today are 32,000 plaintiffs standing before this court, each of whom have received only $15,000 for having their lives and livelihood destroyed, and haven’t received a dime of emotional distress damages.” JEFFREY L. FISHER, associate professor of law (teaching), in a February 28 Washington Post story, “Justices Assess Financial Damages in Exxon Valdez Case,” which recounts Fisher’s oral argument in the Exxon Valdez hearing in the Supreme Court

“This is a hugely important case about a third party’s right to create a new reference book that is designed to help others better understand the original work. . . . No one is going to buy, or indeed make sense of, the Lexicon unless they have read the Harry Potter books.” Lecturer in law and executive director of the Fair Use Project ANTHONY FALZONE, quoted in a Guardian article “Harry Potter: The last battle,” discusses whether a publisher the Fair Use Project is representing has a right to sell a reference guide to the Harry Potter series of books and movies. “Perhaps at the end of all these months of peering in the mirror, we can stop looking for the candidate who embodies every slight and insult we’ve ever encountered and contemplate which of them is better suited to govern.” DAHLIA LITHWICK ’96 in a March 17 Newsweek column, “Enough About Us. What About Them?” in which Lithwick discussses women voters and how their identity politics are reshaping the 2008 presidential race

3 9 Stanford Lawyer / Spring 2008

“The process is following a reasonably well-known mating ritual. . . .If the newstelephone call doesn’t work, you send flowers. Then you send candy. And if that still doesn’t work, you might suggest that you are carrying a gun. But the question then is whether you are willing to pull it out and whether it is indeed loaded.” JOSEPH A. GRUNDFEST ’78, W. A. Franke Professor of Law and Business, as quoted in a February 12 BusinessWeek story about Microsoft’s proposed acquisition of Yahoo!

“Because Barack was so smart, he was pretty serious when we were in our thirties. I’d poke him and say, ‘Come on, let’s talk about the last movie you saw.’. . .At some point in our forties, I said to Michelle, ‘You know, I think he’s so much grown into who he is now. He’s so much more light-hearted.’” CINDY MOELIS ’87 in a March 10 profile of Michelle Obama in The New Yorker

“Something like this is the unique convergence of the right person and the right time. A lot of it is about Obama, a lot of it is about the moment, and a lot of it is about who came before him. . .In many ways, Barack’s candidacy is possible because Jesse Jackson ran (in 1988). Because Shirley Chisholm ran (in 1972). Because America was at least exposed to someone who is African American running for the highest office in the land. That gave him, in part, the ability to be someone who can transcend race.” TONY WEST ’92 in a March 1 San Francisco Chronicle article,

JENNIFER PASCHAL, MICHAEL JOHNSON, ROBERT MARCH “Obama point man connected, respected,” about West’s role as financial co-chair of the Obama campaign in California 4 0

Stanford Lawyer / Spring 2008 ALUMNI WEEKEND ’50), JusticeMingW.Chin,and panel, Kourlis ’76(BA’73)engagein Sandra DayO’Connor’52(BA Mrs. AllanFink,andMaureen the HonorableRebeccaLove Legislators, and the Struggle the and Legislators, Dean LarryKramer,Justice friendly debateduringthe Querio (BA/BS’70)atthe for Judicial Independence Judicial for Don Querio’72(BA’69), Ruling the Law: Judges, Law: the Ruling Allan Fink’52(BA’49), Alumni Reception . in CooleyCourtyard. alumni attheDean’sCircleDinner Michael Q.Eagan‘74 addresses Students ofColor. at theReceptionforAlumniand Students andalumnigather the panel, Christopher ‘49participatein Weiner ‘89,andWarren Jack Rakove,ProfessorAllen Abraham D.Sofaer,Professor Conduct, and End Wars: The Wars: End and Conduct, Ongoing Constitutional Debate Constitutional Ongoing over War Power War over The Power to Start, to Power The .

MISHA BRUK 86

Stanford Lawyer / Spring 2008 CLASSMATES nmem in grandnephews andnieces;18great-grandnephewsnieces. his wife,Barbara;cousin,RogerWallace;manyniecesandnephews;21 member ofTheMechanics’InstituteSanFrancisco.Heissurvivedby Vineyards inSonoma;memberofTheWorldAffairsCouncil;and Congregational ChurchofPaloAlto;adirectorandpresidentHanzell head oftheCardinalSociety.HewasanactivememberFirst endeavors, includingtheStanfordAlumniAssociation,wherehewas with whichheworked.Robertwasinvolvedinmanycommunity wrote onhiswartimeexperiencesandproducedahistoryofthefirm shared withfriendandapartmentroommateJohnSteinbeck;he southern France.Robertwasalsointerestedinwriting,apassionhe the NavyduringWWII,inwhichheparticipated1944invasionof of theSSPresidentJohnson,andservingaslieutenantcommanderin traveling theworldfortwosummerswhileworkinginengineroom to hislawcareer,RobertspenttimeinNewYorkCitypursuingacting, Bledsoe, Cathcart,Diestel,Pedersen&TreppainSanFrancisco.Prior November 1,2007.Robertwasaretiredseniorpartnerwithfirm Lamy; andfivegrandchildren. his children,TerryShoop-Hjorth,LeeShoop,MD,andGailShoop- wife, Marian,towhomhewasmarriedfor59years.Rexissurvivedby of theStanfordBuckClubforeightyears.Hewaspredeceasedbyhis veteran andloyalStanfordathleticssupporter;heservedasdirector practicing lawinthecityformorethan50years.RexwasaWWII of hislifeintheBayArea,attendingschoolSanFranciscoandlater September 28,2007.AlthoughborninPortland,Ore.,Rexspentmuch daughter-in-law, Mary; andgrandson,KennethIV. military duringWWII.Heissurvived byhisson,KennethJonesIII; and theNationalAssociationofBond Lawyers.HeservedintheU.S. the BarAssociationofSanFrancisco, theAmericanBarAssociation, firms andcities.Kennethwasamember oftheStateBarCalifornia, known asJonesHallPLCandserving asbondcounseltonumerous law formorethan40years,founding thebondcounselfirmnow Rosa, Calif.,diedOctober30,2007.Kennethpracticedmunicipalbond ROBERT S.CATHCART’34(BA’30) 2, 2006. law, Brad;andgrandchildren,ClaireKathrynNyleLibbertonDavis. daughter-in-law, Deborah;daughter,BarbaraDavisReynolds;son-in- predeceased indeathbyhiswife,Ann.Heissurvivedson,Byron; world noworsethanhefoundit. smile, too.Asmilecankeepthefuninlife.Hehopesheleaves lives on.Forthepeoplewhodon’trememberhim—hehopestheywill who remembershimdoessowithasmile.Ifyoucansmile—DickDavis Not missing.’roundthebend.Justgone.Hehopesthatanyone a notetobeusedwhenthe“inevitable”arrived:“DickDavisisgone. September 6,2007.Severalyearsbeforehispassing,Richardpenned Smith Jr.;andmanygrandchildrengreat-grandchildren. Young; stepdaughterRobinSawyer;stepsonsReidSmithandRobert Newell; sonRobertM.NewellJr.,’69(BA’66).;daughterChristine William C.Newell.Heissurvivedbyhiswifeof52years,MaryWill 10 years.Hewaspredeceasedbyhisson,AirNationalGuardCapt. active ineducation,servingasaninstructoratLoyolaLawSchoolfor he beganhis42-yearcareerpracticinglawinLosAngeles.Robertwas the Japanesenavalcode.FollowinghisgraduationfromStanfordLaw, stationed inAustraliawithanAustralianRoyalNavyteamthatbroke Colorado andworkedasaninterpreterduringthewar.Hewas University, RobertattendedtheJapaneseLanguageSchoolin October 8,2007.AftergraduatingPhiBetaKappafromStanford FRANCIS B.MONROE, MD’49, KENNETH I.JONESJR.’49(BA’41,MBA’43) REX EARLSHOOP’47(BA’41) ROBERT MELVINNEWELL’46(BA’41) RICHARD L.DAVIS’40(BA’37) Maybe alittlebetter.”Richardwas of Pinellas,Fla., died December of SanFrancisco,Calif.,died of SanFrancisco,Calif.,died of Pasadena,Calif.,died of SanMarino,Calif.,died formerly ofSanta Phoenix (where hewasrecognizedfor40years ofperfect Arizona, Planned ParenthoodofArizona,andtheRotary Club100of the HistoricFirst PresbyterianChurchinPhoenix, theStateBarof locale hehadvisited.Hewasdedicated topublicservice,workingwith events; hisChristmascardsregularly featuredaphotoofhimselfin years. Forrestwaspassionateabout travel,nature,andcultural Cross BlueShieldofArizona,aposition heheldformorethan20 of Arizonafornearly10years,before becominglegalcounselforBlue 2008. Forrestservedasassistant directorofinsuranceforthestate Gathering oftheWay.Heleftnosurvivors. priesthood tofoundhisowncongregationinPacificGrove,calledthe became anordainedCatholicpriest.Intheearly1970sMooreleft charges ofmisconductinoffice.Moorelaterturnedtoreligionand campaign againstcorruption.Heresignedtwoyearslater,whilefacing Santa CruzCountyattheageof27in1954,followinganelection Calif., diedDecember9,2007.Moorewaselecteddistrictattorneyof children Don,Alex,andNancy;grandchildren;manyrelatives. a weekbeforeherfather.Donissurvivedbyhiswife,Elizabeth; Sadly, AnnepassedawayofterminalcanceronFebruary9,lessthan connection withdaughterAnne,whowasanaccomplishedgolfer. ultimately helpeditbecomeapremierschool.Hesharedspecial maintain adiversestudentpopulationinlocalPolyHighSchooland Hoc PolyHighSchoolInterracialCommittee,agroupthataimedto until thetimeofhisdeath.DonwasfoundingchairmanAd the CaliforniaStateUniversityheadquarterscommitteefrom1962 years anddevotedtohiscommunity.Heservedasthechairmanof and startafamily.Donwaslawyerintheareaformorethan30 and StanfordLawSchool,tomarryhighschoolsweetheartElizabeth from theU.S.NavalAcademy(withformerPresidentJimmyCarter) 16, 2008.ALongBeachnative,Donreturnedhome,aftergraduating Clare McKennaandFaithMarieMcKenna. Trafford-McKenna, andClarkTrafford,grandchildren,Melissa reunion in2002.Heissurvivedbyhischildren,TaraTarries,Wendy accompanied byhischildrenandgrandchildrenat50-yearclass Downey. LeewasfondofalmamaterStanfordLawSchooland Downey schoolboard,andattendingtheFirstBaptistChurch of participating inlocalRotaryandMasonicorganizations,servingonthe Merchant MarinesinWWII.Hewasactivehiscommunity, own practiceinDowney,Calif.,andservedasamemberofthe 9, 2007.Leewasadedicatedlawyerandcountryman;hestartedhis tickets. Heissurvivedbyhiswife,Patricia,anddaughter,Lynn. making gooduseofOaklandA’sandSanFranciscoGiantsseason reader. Hewasanartandwinecollectoralocalsportsfan, Friends knewTheodoreasahumble,intelligentmanandanavid at Ramsey,Morrison,Wallis&Keddyuntilhisretirementin1992. practicing inSacramentoforabout40years,andservingaspartner including clerkingfortheCaliforniaSupremeCourtinSanFrancisco, November 12,2007.Theodoreenjoyedalengthycareerinlaw, 28 years,andsonRoger. California toWashington,D.C.WesleyissurvivedbyLori,hiswifeof United StatesandCanada;theydrovetheirRVcrosscountry,from partner, Lori,spenttimegolfingandbegantravelingthroughoutthe court in1975.Followinghisretirement,Wesleyandbeloved bench in1961,whereheserveduntilhispromotiontothesuperior to thebench.HewasappointedSanDiegomunicipalcourt August 12,2007.Wesley’slengthycareerinlawledhimfrompractice DONALD C.WALLACEJR.’51 THEODORE H.MORRISON’51(BA’49) REVEREND CHARLESLOUISMOORE’51(BA’49) FORREST N.BARR’53(BA’51) H. LEETRAFFORD’52 WESLEY B.BUTTERMOREJR.’52 of LagunaWoods,Calif.,diedSeptember of LongBeach,Calif.,diedFebruary of Phoenix,Ariz.,diedJanuary14, of CentralPoint,Ore.,died of Sacramento,Calif.,died of Monterey, Miami andgrandson offormerU.S.SupremeCourt JusticeHugoL. 29, 2007.Hewas 54.Hugowasawell-regardedfederal prosecutorin nephews, cousins,andfriends. 15 grandchildren;twingreat-grandchildren;aswellmanynieces, law Les,Carol,Lynn,Danny,Robert,Elise,Eddie,Lori,Jerry,andSusan; He issurvivedbyHannah,hiswifeof63years;sonsanddaughters-in- He waspredeceasedbyhissonArnoldandsistersEstherSybil. the JewishfaithandcommunityfoundedB’naiB’rithofPaloAlto. his sideasofficemanagerandlegalsecretary.Meyerwasdevotedto own lawfirm,ScherandFernandez,in1956,withhiswife,Hannah,by completing hislawdegreeatSanFranciscoLawSchoolheformed undergraduate educationatStanfordandenrolledinlawschool.After in BostonandPearlHarborduringWWII.Heeventuallycompletedhis his undergraduateeducationatBrooklynCollegetoserveasawelder to supporthismotherandtwosisters.Meyerpostponedcompletionof 2007. MeyergrewupinNewYorkCity’sLowerEastSideandworked grandnephews. and grandnephews;sixgreat-grandniecesgreat- and daughterCourtney;sevenniecesnephews;13grandnieces brother RobertBarr;sister-in-lawMarthacousinCathyBonnell arts andmusicgroups.Heissurvivedbyhisuncle,E.WilliamJames; attendance). Asaphilanthropist,Forrestsupportedtheworkofmany predeceased byhisfirstwife,Mary-Lou Aufhauser. his wife,DianeGershuny,and children,EvaandAaron.Hewas by hisfamilyandmanyfriends willbemissed.Heissurvivedby Known asanhonest,passionate,and ethicalman,Kenwaswellloved Altos KiwanisClub,andnumerous othernonprofitorganizations. volunteering withtheCommunity HealthAwarenessCouncil,theLos member andpast-presidentofthePaloAltoFinancialPlanningForum, special attentiontotaxissuesintheseareas.Heservedasaboard charitable giftplanning,probate,andrealestatetransactions,with 2007. Kenpracticedlawfor35yearsintrustandestateplanning, Michelle andPamela;manyfriendsrelatives. devoted tohisfamily.Heissurvivedbywife,Linda;daughters regarded bythosewhoknewhimasapassionateandwarmman, practiced withWashingtonfirmSmithAllingLane,P.S.Edwardwas completed hisdegreeattheUniversityofWashingtonin1954.He 15, 2006.EdwardbeganstudyinglawatStanfordLawSchool,and Courtney, Michael,Emily,andAlyssa. children, KarenKayandTomEllerbusch;grandchildrenBrian, Patricia Rohlffs.Heissurvivedbyhissecondwife,RosePollock; District FoundationBoard.Rodwaspredeceasedbyhisfirstwife, International, andmostrecentlydirectorontheRockyMountain Mountain District,anInternationalTrustee,vicepresidentofKiwanis International organization,heservedasgovernoroftheRocky and taxconsultantfor20years.InvolvedinthelocalKiwanis 7, 2008.Rodwasasmallbusinessownerandservedas Mary Ann;andfivegrandchildren. Andrew Gregg,andStephenSheilaHalley;brotherMichael;sister Sandra; childrenJohnandWendyHalley,AmyBrianHill,Meg missed bymanyrelativesandfriends.Heissurvivedhiswife, of theRenoRodeo.Jimwasadedicatedfamilymanandwillbe ranching, andservedaspresidentwasaboardemeritusmember before joiningWoodburnandWedge.Hewaspassionateabout father andlateralongsidehisbrotherMichaelatHalleyHalley, 2007. JimpracticedlawinRenofor45years,workingalongsidehis oriam HUGO L.BLACKIII ’83 KENNETH KAYE’69 RODSON E.ELLERBUSCH’64 JAMES J.“JIM”HALLEY’62 MEYER SCHER’55(BA’52) EDWARD MARSHALLLANE’54 of LosAltos,Calif.,diedSeptember15, of CoconutGrove, Fla.,diedSeptember of PaloAlto,Calif., of CastlePines,Colo.,diedJanuary of Reno,Nev.,diedSeptember21, of Tacoma,Wash.,diedFebruary died November18, father, HugoL.BlackJr.;andsisters,ElizabethMargaret. the U.S.Attorney’sOffice.Heissurvivedbyhiswife,Jeannine; House ofRepresentativesfrom1976to1978,aswellapositionat entertainment law.Hugo’scareerincludedserviceintheFlorida became apartnerwithLosAngelesfirmspecializingin Black. HeclerkedfortheFifthU.S.CircuitCourtofAppealsand and grandsons Sam and Joseph. and grandsonsSam andJoseph. Madelon. Heissurvived byhisdaughtersClaraand Carly,sonJoseph, American BarAssociation. Josephwasprecededin deathbyhiswife, Federal JudicialCenter,American JudicatureSociety,andthe general. Hewasinvolvedinnumerous organizations,includingthe Joseph servedintheU.S.Department ofJusticeasdeputyattorney Following hiscareerasinstructor, and priortohistimeonthebench, to 1971,andDukeUniversitySchool ofLaw,wherehewasdean. Law School,Stanfordwhere hewasaprofessorfrom1962 of institutions,includingtheUniversityTexasSchoolLaw,Cornell appointment tothecourtin1973,Josephwasaneducatoratanumber judge fortheU.S.CourtofAppealsNinthCircuit.Priortohis was 87.Josephendedhisdistinguishedcareerinlawasaseniorcircuit FORMER FACULTYNEWS: Michael; andmanyothers. son Zachary;parentsDr.JohnandMaryPlace;brothersMatthew family members.Heissurvivedbyhiswife,LeeAnn;daughterKatie; caring manandwillbemissedbymanyfriends,co-workers, two yearsago.Heisrememberedasanincrediblythoughtfuland more thanadecadeagoandbegansecondfightagainstthecancer Gray inintellectualproperty.Chriswasfirstdiagnosedwithmelanoma died February21,2008.Hewas35.ChrisanassociateatRopes& Amy; daughter,Rebekah;andson,Daniel. colleagues asaleaderandbrilliantlawyer.Heissurvivedbyhiswife, acquisition ofAppleBancorp,Inc.Michaelwasregardedbyhis cases, includingrepresentingComcast,aswellStanleyStahlinhis Morris LLP.DuringhiscareerMichaelwasinvolvedinmanybig-client founded, withfriendRobertHasday,theNewYorkofficeofDuane 2007. Hewas48.Michaelambitiousinhislawcareerandco- JOSEPH T.SNEEDIII Karen, andtheir5-year-oldtwins,JackMariko. nonprofit suicidepreventionorganization.Heissurvivedbyhiswife, which helived,servingontheboardofTokyoEnglishLifeLine,a Bar Association.Hewasadevotedmemberofthecommunityin qualified foreignlegalconsultantandmemberoftheDai-IchiTokyo 2000 aspartner.Markwasarecognizedexpertinhisfield office ofSkadden,Arps,Slate,Meagher&Flom,whichhejoinedin partner inrealestateandinvestmentmanagementtheTokyo grandmother NaomiYoung;auntDorothyJarvis;andseveralcousins. children, Dr.Jan-HendrikEgberts;brotherRobertY.Drummond; Drummond; sonsPieter,Duncan,andAlexander;thefatherofher after completingherstudies.Sheissurvivedbyfather,Robert her death.Shewasanavidtraveler,livinginGermanyandHolland maternity attheUniversityMedicalCenterPrincetontimeof Princeton AcademyoftheSacredHeartandaregisterednursein Devoted toherfield,Annewasafoundingboardmemberofthe nursing programatMercerCountyCommunityCollegein2005. pursue acareerinnursing.ShegraduatedPhiThetaKappafromthe York. Herinterestininfantsandloveofchildren,however,ledherto consulting andmarketingfirms,includingMcKinseyCo.inNew 6, 2007.Shewas43.Annebeganhercareerbyworkinginvarious MARK L.BRONSON’89 MICHAEL H.MARGULIS’84 CHRISTOPHER J.PLACE’00(BS’94,MS’95) ANNE DRUMMONDEGBERTS’89 of SanFrancisco, died November21,2007.Markwasa of Towaco,N.J.,diedDecember1, Calif., died of Princeton,N.J.,diedOctober February 9,2008.He of Sunnyvale,Calif.,

Stanford Lawyer / Spring 2008 CLASSMATES 87 IN FOCUS PERSPECTIVES Mock Trial: Sharpening Advocacy Skills At the Intersection of Law, Finance, CONTINUED FROM PAGE 11 and Faith Beltramo, who took the “best attorney” award in her very first CONTINUED FROM PAGE 35 year of competition at last year’s SLS Mock Trial Invitational, The second set of legal issues is directly related to the first. was recommended for an internship at Quinn Emanuel in Los Religious doctrines may make strict demands on the financial Angeles after news of her success spread. transactions in which the funds engage and for this reason “Kathleen Sullivan approached me last spring totally out of innovative legal mechanisms are often required to the blue and said there’s a spot at Quinn and she’d heard that I accommodate the specific religious restrictions imposed on the had done well at the invitational and she thought I’d be a good funds. Islamic funds offer a prime example: Islamic fit. It fell into my lap,” says Beltramo. partnerships cannot collect interest, and so contractual Mock trial also helped Ratner, who will be joining Latham provisions must be drafted that cast the transaction in a form & Watkins, LLP after he graduates this May. that does not explicitly implicate the paying of interest. CLASSMATES “One of their first questions in the interview was about I hope to someday work with investors and fund managers mock trial. And after I was offered a position, I said I’ve spent in building investment criteria and structuring partnerships so much time in law school doing oral advocacy, doing mock that reflect the investors’ religious principles. Emerging legal, trial, and I love it,” recalls Ratner. “I said I hoped to get better economic, and cultural trends are increasingly heterogeneous, with real experience and asked if they could make that containing disparate component parts that coexist in separate happen. And they said sure. So I’m thrilled.” and distinct scholarly disciplines. Stanford Law School’s joint degree program fully supports this brand of inquiry and This year’s SLS Mock Trial Invitational winners: thereby better prepares its students for a world in which the FIRST PLACE: study and practice of law are penetrated by an array of Stanford Law (Mark Baller ’08, Elena Coyle ’10, Jonas different disciplines, including economics, public policy, Jacobsen ’09, Kevin Rooney ’09) sociology, medicine, technology, business—and religion. SECOND PLACE: The author has worked in the Private Equity Fund Group at U C Berkeley School of Law Morrison & Foerster LLP and will work in the Private Funds THIRD PLACE: practice at Simpson Thacher & Bartlett LLP this summer. He 88 Stanford Law (James Alexander ’08, Samantha Bateman ’10, is also conducting business ethics research at Santa Clara Rakesh Kilaru ’10, Jennifer Robinson ’09) SL University’s Markkula Center for Applied Ethics. He is the editor-in-chief-elect of the Stanford Journal of Law,

Stanford Lawyer / Spring 2008 Business & Finance.SL

Log on to see more classmate photos. Are you left wanting more after reading “Classmates”? Perhaps wishing that the editor had more room to print all the fun photos of your classmates. . . at Alumni Weekend. . .at weddings. . .on safari. . .or trekking around the globe? Go to www.law.stanford.edu/publications/stanford_lawyer to see a photo slideshow of all the photos submitted for this issue. You can also see more of your classmates’ photos from Alumni Weekend 2007 by going to: www.law.stanford.edu/slideshow/alumniweekend2007. LAWYERSTANFORD

ISSUE 78/VOL. 42/NO. 2

Editor SHARON DRISCOLL kudos [email protected] Associate Dean for Communications and Public Relations to SABRINA JOHNSON DAVID MARGOLICK ’77 left Vanity Fair to join Conde Nast Portfolio. [email protected] Art/Design Direction DAHLIA LITHWICK ’96 joined Newsweek in March with a new biweekly column on culture DAVID ARMARIO DESIGN and legal affairs. Production Manager BRIAN W. CASEY ’88 will become the nineteenth president of DePauw University in July. LINDA WILSON [email protected] The Colorado Hispanic Bar Association bestowed its 2007 Outstanding New Hispanic Lawyer Contributing Editor Award on JEROME DEHERRERA ’04. AMY POFTAK (BA ’95)

KATHARINE WEYMOUTH ’92 was appointed chief executive of Washington Post Media Class Correspondents and publisher of The Washington Post in February. 66 CREATIVE ALUMNI

BEVERLY BUDIN ’69 was named one of Worth magazine’s “Top 100 Attorneys” for the Contributing Writer second year in a row. RANDEE FENNER (BA ’75) Copy Editor NATHAN HOCHMAN ’88 was sworn in on January 22 as the new assistant attorney general JOYCE THOMAS (Tax Division) at the Department of Justice. Editorial Intern The Stanford Associates Board of Governors awarded a Stanford Medal to KRISTEN BARTA (BA ’09) CHUCK ARMSTRONG ’67 and Awards of Merit to PETER D. BEWLEY ’71, VINCENT YING (BS ’04, MS ’08) THOMAS DEFILIPPS ’81 (BA ’78), DALE REID ’61, and YUJING YUE (BA ’08) PETER D. STAPLE ’81 (BA ’74) for outstanding volunteer service. Production Associates LUANNE HERNANDEZ (BA ’05) RYAN SPIEGEL ’03 was elected to the Gaithersburg City Council in Gaithersburg, Md. last November. MARY ANN RUNDELL 1 PATRICK COWLISHAW ’76 (BA ’73) was selected by his peers for inclusion in The Best Stanford Lawyer (ISSN 0585-0576) is published for Lawyers in America 2008. alumni and friends of Stanford Law School.

VAUGHN WILLIAMS ’69 and MIRIAM RIVERA ’95 (BA ’86, MA ’89, MBA ’94) CORRESPONDENCE AND INFORMATION were elected to the Stanford Board of Trustees. Stanford Lawyer / Fall 2006 SHOULD BE SENT TO: Editor, Stanford Lawyer JORDAN ETH ’85 and DEBBIE SIVAS ’87 were recognized by California Lawyer magazine Stanford Law School with 2007 California Lawyer Attorneys of the Year Awards. Crown Quadrangle 559 Nathan Abbott Way MALCOLM HEINICKE ’97 and MICHAEL HESTRIN ’97(MA ’97) appeared on Daily Stanford, CA 94305-8610 Journal’s “Twenty Under 40” list of California’s top young lawyers. [email protected]

MARY B. CRANSTON ’75 (BA ’70) was appointed the 2008-2009 Chair of the Board of CHANGES OF ADDRESS SHOULD BE SENT TO: Governors for the Commonwealth Club of California. [email protected]

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