Student Stories Letter from the Dean

GEORGETOWN LAW Res Ipsa Loquitur Spring/Summer 2012

or me, one of the best parts of being dean Fis getting to know our students. Whether I’m greeting them at a reception or chatting with them on campus, I never fail to be impressed by their energy, intelligence and drive. Every year our Office of Admissions receives thousands of applications. Students who gain admittance here are not only bright and accomplished; they are also resourceful and creative. Those qualities are very much in evidence in the GEORGETOWN LAW Spring/Summer 2012 eight impressive application essays you’ll read in ANNE CASSIDY this issue (page 18). Editor Editorial Director It’s no wonder that these students chose Georgetown. We are, after all, dedicated to educating the whole person; we offer an opportunity to grow not ANN W. PARKS Staff Writer only in knowledge but also in moral vision. Here at Georgetown, we draw upon

BRENT FUTRELL a rich Jesuit heritage that provides an ethical underpinning to all we do. Here CHAS McCARTHY MEGAN McCARTHY at Georgetown, we understand and applaud those who stand up for justice, as Designers these young people have. ELISSA FREE Our students learn best, of course, by doing. And we have a perfect illustra- Executive Director of Communications tion of this in our top-ranked clinics, institutes and innovative experiential KARA TERSHEL Director of Media Relations learning programs. In the Federal Legislation and Administrative Clinic, which

MEGAN FARMER, MIDGE GARDNER, LAURA MACRORIE, is highlighted in this issue (page 40), students learn firsthand about the legisla- SARAH MYKSIN, RICHARD SIMON, DAVE STONE, CHRISTINE HAMMER, JACQUELINE TEMKIN, DWAYNE tive process — even as two alumni serve as the first-ever legislative clerks. This TRAYLOR marriage of theory and practice could only happen in our nation’s capital. It’s a Contributors program no one can believe hadn’t been thought of before — and Georgetown MATTHEW F. CALISE Director of Alumni Affairs Law made it happen.

KEVIN T. CONRY (L’86) And speaking of innovation, in this issue we celebrate 20 years of our Vice President for Strategic Development and External Affairs cutting-edge Curriculum B, also known as Section 3 (page 30). No other Associate Dean for External Affairs law school provides the same sort of alternative 1L curriculum that we do, a WILLIAM M. TREANOR program that one of our graduates likens to a Silicon Valley start-up and being Dean of the Law Center Executive Vice President, Law Center Affairs “part of creating things that have never been done before.” Section 3 provides a

We welcome your responses to this publication. Write to: scholarly, philosophical, interdisciplinary approach to the first year of study. It

Editor, Georgetown Law underlines our willingness to be experimental and flexible, even as we stay true Georgetown University Law Center to our core. As we live through this transformative moment in legal education, 600 New Jersey Avenue, N.W. Washington, D.C. 20001 we know we can rely on our traditions and our foresight — one keeping us anchored, the other allowing us to forge ahead. Or send e-mail to: [email protected]

Address changes/additions/deletions: 202-687-1994 or e-mail [email protected] Sincerely, Georgetown Law magazine may be found on the Law Center’s website at www.law.georgetown.edu Copyright © 2012, Georgetown University Law Center All rights reserved

William M. Treanor Dean of the Law Center Executive Vice President, Law Center Affairs GEORGETOWN LAW Res Ipsa Loquitur Spring/Summer 2012

18 Student Stories Meet eight 1Ls the way our Admissions Office did — through their application essays.

30 20 Years of Section 3 For two decades Georgetown students have had a chance to learn not just the “how” of law, but also the “why.” 30 By Anne Cassidy

40 A New Kind of Clerkship It’s been called “an idea whose time has come” — and Georgetown Law is helping it happen.

By Ann W. Parks

50 Faculty Article: The Future of International Financial Law 40 By Chris Brummer

2 FACULTY NOTES 18 FEATURES

6 LECTURES & EVENTS 60 ALUMNI

60 ALUMNI NOTICES 66 ALUMNI PROFILES 69 IN MEMORIAM 76 ALUMNI CALENDAR 74 CLE CALENDAR 78 ALUMNI EVENTS FACULTY NOTES

Brooks, Koplow, Stromseth: Three at the Department of Defense

eorgetown Law pro- Gfessors are no strangers to government service. But three recent Depart- ment of Defense appointments are unique even by Law Center standards. In April 2009, Professor Rosa Brooks took a leave of absence from Georgetown to become senior adviser and counselor to then Un- dersecretary of Defense Michele Flournoy. Brooks SAM HOLLENSHEAD (2), RHODA BAER is known for her work with Rosa Brooks, David Koplow and Jane Stromseth. rule of law issues. Much of her scholarship addresses this One of the people who helped the new office move its key ini- issue, including her 2006 book Can Might Make Rights? Building tiatives forward was Brooks’ Georgetown colleague Professor Jane the Rule of Law After Military Interventions (Cambridge, 2006), co- Stromseth, who became senior adviser for rule of law and inter- authored by Professor Jane Stromseth and David Wippman. Brooks national humanitarian policy during an especially critical time last became a go-to person whenever rule of law questions arose, and summer — when President Obama directed a massive interagency in 2010 she was named deputy assistant secretary of defense by study to look at how to strengthen the government’s capacity to Flournoy, and then special coordinator for rule of law and inter- prevent and respond to mass atrocities and genocide. Stromseth national humanitarian policy. “This was DoD’s first dedicated of- has been coordinating the Department of Defense contributions to fice for rule of law and human rights issues,” says Brooks. “It was this study. “If you can strengthen early prevention you can stop bad tremendously exciting to help create something new.” (And in fact, things before they happen,” Stromseth says. Brooks received the Secretary of Defense Medal for Outstanding In the past, for example, evidence of mass atrocities reached Public Service for her work at the department.) the United States either after the fact or when the situation was so

2 SPRING/SUMMER 2012 • GEORGETOWN LAW FACULTY NOTES Faculty Awards and Recognition

Professor Peter Edel- Georgetown University President Jack De- Professor Carlos M. man has received Gioia has appointed Professor Lawrence Vázquez has been the Harvard Club of O. Gostin a university professor. The uni- elected to the United D.C.’s annual Public versity’s most significant professional honor, Nations Committee Service Award for his the rank of university professor reflects on the Elimination work as an educator, significant accomplishments in scholar- of Racial Discrimina- advocate and public ship, teaching and service. A former associ- tion. His four-year servant. This is the ate dean for research, Gostin directs the term began in Janu- Edelman club’s highest honor; O’Neill Institute for National and Global Vázquez ary. The committee is Edelman received the Health Law. composed of 18 inde- award November 1 at the University Club pendent experts charged with monitoring in Washington. Professor Abbe Smith implementation of the International Con- Edelman has also been named chair of has been named vention on the Elimination of All Forms the board of directors of the American Con- “Law Teacher of the of Racial Discrimination. Members are stitution Society for Law and Policy (ACS), Year” by the New York elected by state parties for their high moral which works for positive change by shaping University School of character and recognized competence in debate on important legal and constitutional Law Alumni Associa- the field of human rights. Vázquez received issues. ACS has 186 law school chapters in tion. She receives the the United States nomination for the com- 47 states. Edelman, who succeeds Universi- award in New York in mittee and was elected by member states ty of Chicago Law Professor Geoffrey Stone Smith April. of the United Nations based on his work in as ACS board chair, has been a member of the field of human rights. the ACS board since 2009. dire that “the options boiled down to either we send in the Marines or we don’t do anything,” Brooks says. Utilizing new and im- News from the Clinics and Centers proved technologies, such as refined satel- In recognition of its “invaluable con- with the BIA Pro Bono Project after lite imaging techniques, “would enable us to tributions made to the Board of Immi- they graduate. The Appellate Litiga- say to potential perpetrators, ‘We will know gration Appeals (BIA) Pro Bono Proj- tion Clinic is one of 14 clinical pro- if five trucks of soldiers go into this village, ect and to the vulnerable populations grams at Georgetown Law. Students we will know it as it’s happening’ — and that the project serves,” the George- in the program handle both civil and that potentially could have a very powerful town University Law Center Appel- criminal appeals involving issues such deterrent effect.” late Litigation Clinic has received the as immigration, habeas corpus and Professor David Koplow has also just Pro Bono Award from the Catholic civil rights. returned from a two-year leave at the De- Legal Immigration Network Inc. partment of Defense, serving as special Established in 2004, the Pro Bono James Jones, former chair of the counsel for arms control. He worked on Award is given annually to individuals, Hildebrandt Institute and managing a full array of arms control issues, from law firms and law schools that pro- partner of Arnold & Porter, is the new biological to cyber weapons; the highlight vide pro bono legal representation to senior fellow at the Center for the of his service was working on the New indigent immigrants before the Board Study of the Legal Profession. Jones START Treaty between the United States of Immigration Appeals, the nation’s has served in a variety of leadership and Russia. “We planned and conducted highest administrative appeals court positions in the legal industry, includ- the negotiations, got the document signed for decisions made by immigration ing 20 years at Arnold and Porter (half and got it through the Senate,” Koplow judges. In addition to representing of them as managing partner), five says. “It was great to see it succeed.” dozens of detained immigrants over years as the vice chairman and gen- While Koplow and Brooks were able the last several years, the Appellate eral counsel of the communications to work together on issues concerning the Litigation Clinic was also recognized firm APCO Worldwide and, for the International Criminal Court, Stromseth’s for training numerous students and last decade, as chair of the Hildeb- tenure hasn’t overlapped with that of her fellows who continue to volunteer randt Institute. colleagues; she is returning to the Law Cen- ter in 2012.

SPRING/SUMMER 2012 • GEORGETOWN LAW 3 FACULTY NOTES

New Associate Deans

Professor Gregory On July 1, Profes- nity Justice Project here in 2010. Her latest Klass is the new as- sor Jane Aiken article, “The Clinical Mission of Justice sociate dean for re- (LL.M.’85) becomes Readiness,” will be published this spring. search, taking the the new associate dean reins from Profes- of clinical education, Eve Dubrow is the sor Robin West, who public interest and Law Center’s new returns to full-time community service. associate dean for ad- teaching. Klass is the She succeeds Profes- ministration. She su-

Klass current John Carroll Aiken sor Deborah Epstein, pervises finance, tech- Research Professor who returns full time nology, faculty support at Georgetown Law. He earned a Ph.D. in to teaching and her work in the Domes- and campus services, philosophy from the New School for Social tic Violence Clinic. Aiken received her J.D. financial aid and the

Research and taught philosophy in Ger- from New York University Law School and Dubrow administrative aspects many for several years before attending Yale her LL.M. from Georgetown Law, where she of the Law Cen- Law School. After graduation, he clerked was a fellow at the Center for Applied Le- ter’s centers and institutes. Formerly the for Judge Guido Calabresi of the 2nd Cir- gal Studies. She has taught at Arizona State deputy and adviser to the vice president, cuit Court of Appeals, then served two years University College of Law, the University of chief financial officer and treasurer of the as an assistant solicitor general in the of- South Carolina School of Law and Wash- Brookings Institution, Dubrow also served fice of the New York attorney general. Klass ington University School of Law, where she as associate vice president for operations at won the Scribes Book Award for Insincere directed the Civil Justice Clinic and was the George Washington University. Promises: The Law of Misrepresented Intent, William Van Cleve Professor of Law. She which he coauthored with Ian Ayres (Yale, was a Carnegie Scholar and is a member of 2005). His recent articles have appeared in the Council of the American Bar Associa- the Georgetown Law Journal, Legal Theory, tion’s Section of Legal Education and Admis- the NYU Law Review, the Virginia Law Re- sion to the Bar. A strong advocate of experi- view and the Yale Law Journal. ential learning, Aiken created the Commu-

Top Ten in the SSRN The Social Science Research Network Ninth Amendment: It Means What It In recent years, virtually all new (SSRN) database has become the go-to Says” [Tex. L.Rev. 1-82 (2006)] at num- legal scholarship is uploaded into the place for cutting-edge legal research, and ber 3 and other papers in fourth and SSRN Library, and the list of most fre- its “All Time Hits” (the top 10 download- fifth places. quently downloaded papers provides an ed papers) a highly respected measure of Professor Lawrence Solum’s paper indication of which scholarship is having scholarly excellence. If you had visited “Semantic Originalism” [75 Univ. of an impact on the world, explains Profes- the site in late January you would have Ill. Coll. of Law, Ill. Pub. Law & Legal sor Mike Seidman, who often peruses found that five of the top six “All Time Theory Research Paper Series, No. 07- the list to research a topic. Hits” in the category of “U.S. Consti- 24 (2008)] was sixth. “It is therefore quite significant that tutional Law: Interpretation & Judicial “The Social Science Research Net- five of the top six papers on SSRN’s list Review” were by Georgetown Law pro- work has transformed the way legal of most frequently downloaded articles fessors. scholarship is produced and distribut- on constitutional interpretation and judi- This included Professor Nicholas ed,” Solum says. “This online depository cial review were written by Georgetown Quinn Rosenkranz’s “The Subjects of of both works-in-progress and published scholars. Simply put, my colleagues are the Constitution” [62 Stan. L Rev. 1209 papers gets new work to its audiences writing the most important, innovative (2010)] at number one. It’s the single months and sometimes years in advance and original scholarship now being pro- most downloaded article about constitu- of the official publication in journal or duced in the field of constitutional law.” tional interpretation and judicial review anthology. Perhaps more importantly, it in the history of the SSRN. allows universal access without charge Professor Randy Barnett had three — vastly expanding the global audience papers in the top 10 list, including “The for legal scholarship.”

4 SPRING/SUMMER 2012 • GEORGETOWN LAW FACULTY NOTES

Recent Books

Diana Donahoe, Experiential Legal Research: property? The answer, perhaps surprising scholarship, which is aimed at criticism and Sources, Strategies, and Citation (Wolters Kluwer to some, is that the public has a significant reform, is lacking a foundation in jurispru- Law & Business, 2011); Experiential Legal Writ- ing: Analysis, Process, and Documents (Wolters interest not only in regulating the use of dential thought. West’s book criticizes those Kluwer Law & Business, 2011) private property but also in defining it and developments and suggests a return, albeit establishing its contour and texture. with different and in many ways larger chal- Professor Diana Do- lenges, to this traditional understanding of nahoe’s new books Gary Peller, Critical Race Consciousness: Recon- the purpose of legal scholarship. sidering American Ideologies of Racial Justice Experiential Legal (Paradigm, 2012) Writing and Experi- ential Legal Research Despite the appar- Book Celebrations are designed to teach ent racial progress today’s law students reflected in President Two faculty books using experiential Obama’s election, the were recently feted Donahoe learning pedagogy. African-American com- at the Law Cen- The books focus on munity in the United ter. On January using problem-based simulations, imme- States is in a deep cri- 24, there was a diate feedback, thoughtful reflection and sis on many fronts — panel discussion interactive exercises to engage the students of Professor Julie Peller economic, intellectual, in and out of the classroom. cultural and spiritual. Cohen’s new book Critical Race Consciousness sets out to trace Configuring the David Cole, Securing Liberty: Debating Issues of Networked Self: Law, Code and the Terrorism and Democratic Values in the Post 9/11 the ideological roots of this crisis. Chal- United States (International Debate Education As- lenging the conventional historical narrative Play of Everyday Practice (Yale Uni- sociation, 2011) of race in America, Professor Gary Peller versity Press, 2011), which was ex- contends that the structure of contemporary cerpted in the Spring/Summer 2011 Professor David racial discourse was set in the confrontation issue of Georgetown Law magazine. Cole’s new book is a between liberal integrationism and black na- Panelists included Professor Danielle collection of essays tionalism during the 1960s and 1970s. Peller Citron of the University of Maryland on post-9/11 issues of argues that the ideology of integrationism Law School, Professor Daniel Solove liberty and security in- that emerged was highly conservative, apolo- of the George Washington Univer- tended to guide high getic and harmful to the African-American sity Law School and Georgetown Law school and college community. The book provides a new lens Professor Rebecca Tushnet. Professor students in debating for studying and learning from American race Cohen moderated the panel. these topics. Pub- Cole relations in the 20th century. lished in conjunction A launch party with the International Debate Education Robin West, Normative Jurisprudence: An Intro- and reception for Association and the Open Society Insti- duction (Cambridge, 2011) Soft Law and the tute, it has already been ordered by more Global Financial than 1,200 schools across the country. In Normative Jurispru- System: Rule Mak- dence, Professor Robin ing in the 21st Robin Paul Malloy and Michael Diamond, The West aims to reinvigo- Century (Cam- Public Nature of Private Property (Ashgate, 2011) rate normative legal bridge, 2012), by scholarship that both Professor Chris In this book, lead- criticizes positive law Brummer, took place ing experts discuss and suggests reforms February 3. Panelists included Uni- the public nature of for it, on the basis of versity of Pennsylvania Professor Bill private property and stated moral values Bratton, Eric Pan of the Securities also challenge its tra- West and legalistic ideals. and Exchange Commission’s Office ditional conceptions. Over the last 50 years or so, the three major of International Affairs and Peter Ker- What rights to intrude traditions in jurisprudence — natural law, stens of the European Commission. does the public have legal positivism and critical legal studies — See page 50 for an excerpt from this Diamond in what is generally have turned away from straightforward nor- book. accepted as private mative criticism. As a result, normative legal

SPRING/SUMMER 2012 • GEORGETOWN LAW 5 LECTURES AND EVENTS BILL PETROS

Georgetown Law Associate Dean Nan Hunter, Visiting Professor William Eskridge, Adjunct Professor Mathew Nosanchuk and American University Wash- ington College of Law Professor Nancy Polikoff lead a panel at the Georgetown Law Journal’s 100th volume celebration.

100 Years of the Georgetown Law Journal

he year 1912 may have sunk the Titanic, but it successfully take its proper rank.” And a century-long track record has proven Tlaunched an elite flagship publication that’s still going strong. him right. On November 17, the Georgetown Law Journal celebrated the “One hundred years … later, the current membership of the publication of its 100th volume with a symposium called “Taking journal — like that of every volume following Mr. Quay’s inaugural Its Proper Rank: The Next 100 Years of Academic Scholarship at issue — has taken this vision to heart,” said Volume 100 Editor-in- Georgetown Law.” Chief Aaron Pennekamp (F’05, L’12) as he opened the conference. The title was a nod to the journal’s first editor, Eugene Quay Participants discussed intellectual property, international law and (L’1913), who wrote that “when we scan the names that make up family law in the 21st century — all topics in Volume 100. the list of Georgetown’s faculty and the roster of her alumni, we Professor Julie Cohen, who led a panel on the relationship can see no room for fear but that a journal respecting her would between intellectual property and competition law, noted that

6 SPRING/SUMMER 2012 • GEORGETOWN LAW LECTURES AND EVENTS

the journal’s first issue contained a patent At the close of article by Frank J. Hogan, the founder the conference, Dean of what is now Hogan Lovells. While IP William M. Treanor articles in the next 70 years would be few noted that his first and far between, trademark legislation in formal relationship the 1940s and copyright legislation in the with the Law Center 1970s received careful attention. “The Law began with the publi- Journal was on it; the pieces tracked the cation of an article in controversial issues of the day,” Cohen said. the Georgetown Law International law articles, too, would Journal in 1998. “I span some of the most extraordinary events remember … what an in human history. From insights on the extraordinary experi- Panama Canal in the first volume to war- ence it was, how good BILL PETROS time and Cold War issues, human rights the editors were, how Georgetown Law Journal Volume 100 Managing Editor Matthew Murrell and terrorism, the journal has been “almost thoughtful they were, (L’12) with Associate Dean Nan Hunter. a checklist of the problems” of the last and how the article scholarship. “It sets an even higher stan- century, said Professor John Jackson, who improved through the dard as a beacon for the editors and staffs led a discussion on corporate liability and editing process,” Treanor said. for the next century,” he said. the Alien Tort Claims Act. Professor Sherman Cohn (F’54, L’57, For a webcast visit: A third panel, moderated by Professor LL.M.’60) can boast connections to the www.law.georgetown.edu/webcast/ Nan Hunter, looked at the 21st century entire lifespan of the Georgetown Law

issue of same-sex marriage and its impact Journal. After serving as managing editor as on family law. a law student in the 1950s, he clerked for a Panelists (who will publish papers in a former Volume 1 staff member — Charles future volume) included Mark Lemley and Fahy (L’1914, H’42) of the U.S. Court Alan Sykes of Stanford Law, Mark of Appeals for the D.C. Circuit — who McKenna of the University of Notre Dame, introduced him to Quay. Cohn attended Visiting Professor William Eskridge of Yale the symposium, which he said continued and Adjunct Professor Mathew Nosanchuk. the tradition of meaningful and important BILL PETROS

n October 6, Dean William M. Treanor and Oothers from Georgetown Law met here with a delegation from Renmin University in Beijing to renew the cooperative agreement between the two schools, signed in 2006, and to welcome Renmin as a partner in the London-based Center for Transna- tional Legal Studies. Front row: Renmin Vice Dean Lin Jia and Georgetown Law Dean William M. Treanor. Stand- ing, left to right: Renmin Vice Dean Wang Yi, Renmin Professor Zhu Yan, Georgetown Law Professor James Feinerman, Georgetown Law Assistant Dean of Transnational Programs Adam Kolker, Renmin Professor Li Jialue, Georgetown Law Visiting Profes- sor Lucille Barale and Renmin Assistant Dean Ding Xiangshun. SAM HOLLENSHEAD

SPRING/SUMMER 2012 • GEORGETOWN LAW 7 LECTURES AND EVENTS HILARY SCHWAB SHAPIRO SCHWAB HILARY

FAST TALK AND ORAL ADVOCACY

BILL PETROS What is “Fast Talk,” and what does it have to do with the Supreme Court Institute? That was the question that A Conversation with Institute Director Irv Gornstein posed to a group of experts at Georgetown Law — and the (speedy) answer is, Senator George Mitchell more than you might think. On September 8, the Institute co- enator George J. Mitchell (L’61) is a To support himself through school, sponsored a screening of “Fast Talk,” true American success story. He rose Mitchell got a day job as an insurance S a documentary by Northwestern from working-class origins in Waterville, claims adjuster in D.C. (which came in University Professor Debra Tolchinsky Maine, to serve the nation as senator, handy years later when, as Senate majori- that tracks the Northwestern debate chair of peace negotiations in Northern ty leader, he knew his way around the city team as it prepares for the national Ireland, special envoy for the Middle East better than his driver did). Mitchell also championship — delivering argu- — and the list goes on. told how, after law school, he joined the ments so fast that most people can- With Mitchell on campus for Re- Department of Justice’s honors program, not understand what is being said. union Weekend, he and Dean William served as the U.S. attorney for Maine and There’s no need to worry that M. Treanor held an informal conversa- as a federal judge before being appointed oral advocacy in the Supreme Court tion in Hart Auditorium on October 14. in 1980 to finish the Senate term of U.S. will follow the same trend. Professor They discussed the former Democratic Secretary of State Edmund Muskie. Neal Katyal and Lisa Blatt of Arnold & senator’s humble beginnings, law school One role Mitchell did not assume was Porter (who co-sponsored the event) days (he still remembers learning the that of Supreme Court justice — but not both noted that as appellate advo- intricacies of Miami Coca-Cola Bottling because he wasn’t asked. When the call cates they’ve had to unlearn some of Co. v. Orange Crush Co. from Professor came from President Clinton in 1994, the skills acquired in high school and “Doc” Jaeger), career as a public servant Mitchell was working on health care college debate — including the speed. and thoughts on achieving peace in the reform. “I told the president … I would Lawyer Thomas Goldstein (who Middle East. really love to do it, except for we’ve got a debated Katyal in high school) admit- “The Israelis have a state … but they shot at health care and that’s really more ted that the skills learned in debate don’t have security for their people; they important.” get “built into your DNA.” Still, “no live in fear,” he said, noting that the Pal- As were his later roles as a champion rational person thinks that they can estinians don’t have a state but they want for peace. Noting that peace is indeed communicate in that way outside that one. “The two parties should be vested in possible in the Middle East, Mitchell context,” he said. each other’s success.” recalled a moment during his five years of The panel (pictured above, with There were many people vested in the negotiations in Northern Ireland when, Gornstein at the podium) included ap- success of George J. Mitchell, from his holed up at the U.S. ambassador’s house pellate advocate David Frederick and parents (who placed a heavy emphasis on in London, he told opposing parties to filmmaker Tolchinsky. The speakers education), to those who made it possible find something new to talk about during noted plenty of positives from the de- for Mitchell to attend Bowdoin College, meals. “I said, talk about your kids, your bate world that extend to the court- to the late Charles McKelvey (L’53, dog, your vacation, your family, where you room, such as developing research LL.M.’59), who encouraged him to at- went to school,” he said. “Humanizing it skills and learning how to lose. tend Georgetown Law’s evening program. is very important, if it can be done.”

8 SPRING/SUMMER 2012 • GEORGETOWN LAW LECTURES AND EVENTS

DEAN TREANOR SPEAKS AT TAKINGS CONFERENCE

The Fifth Amendment prohibits the taking of private property for public use without “just compensation”— but what exactly

HILARY SCHWAB SHAPIRO SCHWAB HILARY is a taking? If the government deliberately diverts floodwater onto farmland, damaging it for the farmer? If a beach replenishment project changes the line of public versus private beachfront property? These were some of the issues discussed on November 19 at the 14th Annual Conference on Litigating Takings Challenges to Land Use.

BILL PETROS The keynote speaker was none other Justice Rosalie Silberman Abella than Georgetown Law’s Dean William M. Treanor, a historian who’s been ponder- ing the original meaning of the Takings Justice Abella Delivers Clause since he published a student note in the Yale Law Journal in 1985. Building on the theme, he published a related ar- the Ryan Lecture ticle in the Columbia Law Journal in 1995 and another in 1998 — fortunately, in the e must never forget how the our weapons … [but] … the crash of four Georgetown Law Journal — revisiting “Wworld looks to those who are planes [on 9/11] changed everything.” Pennsylvania Coal Co. v. Mahon, a 1922 vulnerable,” said Justice Rosalie Silber- Calling for a reinvigorated human case that interpreted the Fifth Amend- man Abella of the Supreme Court of rights agenda (“I know the United Na- ment to include taking by regulation, not Canada, delivering the 32nd annual tions is all we have, but that doesn’t mean just the government’s seizure or occupa- Thomas F. Ryan Lecture at the Law Cen- it’s the best we can do”), Abella laid out tion of land. ter on November 3. three lessons the human rights commu- In his speech, Treanor lent his Abella knows how that world looks. nity should not forget: Indifference is the thoughts on where the Takings Clause Her parents spent four years in a German incubator of injustice. It’s not what you stands today — and why we should concentration camp, her brother died in stand for but what you stand up for. And do away with the doctrine of regulatory Treblinka. She was born in a displaced never forget what the world looks like to takings. “The whole doctrine of regula- persons’ camp in Stuttgart, Germany, those who are vulnerable. tory takings is problematic, and it’s just and migrated with her family to Canada, Abella closed by recounting the story fundamentally incoherent and impossible where she became a lawyer. She was of her lawyer father’s welcome to Eleanor to come up with any manageable stan- appointed to the Ontario Family Court Roosevelt. (The former first lady visited dards,” Treanor said. in 1976 (the youngest and first pregnant the displaced persons’ camp in Germany Panel discussions included a talk on judge in Canadian history) and to the for which Silberman was defense coun- the intentional flooding of property by the Court of Appeals for Ontario in 1992. sel.) All we have left are these children, government near the Mississippi River. In 2004, Abella became the first Jewish Silberman told Roosevelt. They alone are At the end of the day, Professor Peter woman appointed to the Supreme Court our future. Byrne discussed the problems sur- of Canada. “I was one of those children,” Abella rounding sea level rise. “As the sea rises, Taking her listeners on a “journey” said. “The gift of American justice at its there’s going to be a significant transfer that was as personal and emotive as it best is the gift that keeps on giving.” of ownership from private parties to the was challenging and scholarly, Abella said The instant the justice stopped speak- public,” Byrne said. the human rights movement was “losing ing, the audience leapt to its feet. steam” at the end of the century. “We thought the war was won and we removed

SPRING/SUMMER 2012 • GEORGETOWN LAW 9 LECTURES AND EVENTS

PRESS BRIEFING: TAKE TWO

On September 29, less than two weeks after the Law Center’s annual Supreme Court press briefing (see accompanying story), Professor Viet Dinh and Adjunct Professor Paul Clement — at the invita- tion of the Georgetown Federalist Society — took center stage in Hart Auditorium to discuss the High Court’s docket. During the interlude between these two events, no less than three certio- rari petitions were filed relating to the Affordable Care Act. “It’s a sufficient coincidence — what BILL PETROS Top: O’Sullivan, Katyal, Gornstein. Bottom: Pillard, Lederman and Gottesman. is [the standard] in antitrust law? Is there an agreement? Or is it Panelists Ponder Supreme just consciously parallel conduct?” joked Clem- Court Cases ent — who, in typical Dinh fashion for a former t’s not unusual for law professors to case comes down to whether solicitor general, did Ihold court on issues of criminal law, [the justices] will think a man’s car is his most of the talking in response to Dinh’s health care, separation of powers or castle,” Gornstein commented. questions. immigration. But it’s not often they get Professor Martin Lederman looked Clement noted that it would serve the to explain to international media the at Zivotofsky v. Clinton, a dispute over Court well if the responses to the peti- constitutionality or unconstitutionality of whether Congress or the president has tions arrived quickly; a GPS tracking device placed on a car, the final word regarding the use of “Is- holding the matter over the individual mandate in the health care rael,” as opposed to “Jerusalem,” as the until next fall would debate, or the FCC’s ability to fine broad- place of birth in a passport. And Profes- be unprecedented, he cast networks for fleeting expletives — all sor Nina Pillard examined Coleman v. said. [Of course, the in the same event. Maryland Court of Appeals, looking at Court did not hold it Supreme Court Institute Executive states’ 11th Amendment immunity with over and the case was allotted an unprec- Director Irv Gornstein, along with five respect to a portion of the Family and Clement Law Center professors, managed to do Medical Leave Act. edented five hours all that and much more at the Supreme Professor Neal Katyal introduced of oral argument March 26-28 — with Court Institute’s annual press brief- FCC v. Fox — and whether the FCC’s Clement arguing on behalf of the states ing on September 19. Reporters from prohibition on the broadcast of indecent that brought the case.] the New York Times, USA Today, NBC material violates the First Amendment. Clement and Dinh, who teach a News, ABC News, CBS News and other Professor Mike Gottesman focused on separation of powers seminar together, outlets showed up to hear the experts Hosanna-Tabor v. EEOC, asking whether discussed the questions raised in the discuss the hot cases to be heard in the a Lutheran school is exempt from a health care case, as well as a few mat- Supreme Court’s October 2011 term. teacher’s discrimination claim on reli- ters explored by their colleagues in the Associate Dean Julie O’Sullivan led gious grounds. earlier briefing: United States v. Jones, the discussion on United States v. Jones, “[It] would make a great exam ques- raising the Fourth Amendment implica- looking at whether the warrantless place- tion from a very cruel professor,” joked tions of a GPS device placed on a car; ment of a GPS monitoring device on the Gottesman, noting that it’s “absolutely M.B.Z. v. Clinton, a separation of powers defendant’s car, and the monitoring that impossible” to predict where the court case; and two important property rights followed, constituted a search or seizure might go on this one. cases, Sackett v. EPA and PPL Montana within the Fourth Amendment. “This v. State of Montana.

10 SPRING/SUMMER 2012 • GEORGETOWN LAW LECTURES AND EVENTS BILL PETROS BILL PETROS

Anita Hill, above, and with Gwen Ifill of PBS, top right. (Ifill interviewed Hill on campus for a segment of the “PBS NewsHour.”) Below right: The Hill legal team in 1991, standing from left to right: Sonja Jarvis, the late Warner Gardner, the late John Frank, Charles Ogletree, Kimberly Taylor-Thompson, Shirley Weigand. Seated, left to right: Kimberle Crenshaw, Janet Napolitano, Emma Coleman Jordan, Anita Hill, Susan Deller Ross.

Professor Anita Hill Speaks at Law Center

wenty years ago, Anita Hill appeared Hill’s legal team in 1991), included a con- Hill closed the event by discussing Tbefore the Senate Judiciary Commit- versation between Harvard Law Professor what the conference — and the last 20 tee to answer questions about the sexual Charles Ogletree, another member of Hill’s years — have meant to her. She is grate- harassment allegations she brought against team, and Emerson College Professor Car- ful she could continue teaching, she said: then Supreme Court associate justice ole Simpson, who was the ABC network “That was not always a foregone conclusion nominee Clarence Thomas. Hill spoke here news anchor during the hearings. because there were of course individu- October 6 at a conference called “Context “Anita Hill changed America,” said als that in the early years after the hear- and Consequences: The Hill-Thomas Simpson, who admitted she wore a button ings wanted to strip me of my job and my Hearings Twenty Years Later.” in support of Hill under her lapel when she tenure.” And she is encouraged by the more Hill asked conference-goers to look at was on air. than 20,000 letters and e-mails she has the photo of her legal team (above, lower Other panels examined the burden of received that tell her “there are so many right) that appeared on the back of their history in a post-race era, gender vs. race in people out there who continue to believe in programs. “These individuals continue to the 2008 Democratic primary, and 21st- equality…” inspire me,” she said. “When we undertook century women’s parity in public life and in Hill, a professor at Brandeis University, what we did 20 years ago, we had no in- the workplace. Georgetown Law Professor said she could not be happier than she kling at all that these issues would continue and D.C. Delegate Eleanor Holmes Norton is right now. “Because I know that [my] to resonate.” appeared at the conference to discuss testimony — no matter what anyone says or The conference, organized by Professor women, leadership and the politics of gen- no matter who sits on the bench today — I Emma Coleman Jordan (who, along with der with NPR’s Michel Martin. know that testimony was not in vain. Thank Professor Susan Deller Ross, was part of you so much for giving me that affirmation.”

SPRING/SUMMER 2012 • GEORGETOWN LAW 11 LECTURES AND EVENTS Making the Most of a Moot

n October 7, 26 students from Visit- the bench matches the real Court, giving opportunity and a fabulous service to the Oing Professor Sarah Laubach’s Legal lawyers a sense of how close those justices community, but before the collaboration, Research and Writing Class file into the really are. It’s designed to look like the real the moots were not attracting as many Supreme Court Institute’s moot courtroom Court, too, right down to the carpeting. student observers as Goldblatt would have to observe the oral argument in Greene v. The most important thing in the room, liked. “I think most students were either Fisher, a state criminal law case that later though, is the clock (also a High Court intimidated or daunted by them,” he says. evolved into a federal habeas matter. At the replica), which at the moment reads ten With the help of Professor Kristen podium is Stanford Law Professor Jef- minutes past one. SCI’s Deputy Director Tiscione and other LRW faculty, Goldblatt, frey Fisher (no relation to the party in the Dori Bernstein gives the go ahead, and the Professor Nina Pillard (also a SCI faculty case), who will be arguing the case in the argument begins. director), Gornstein and Bernstein now Supreme Court in just four days. suggest materials for the 1Ls to review in Today, he’s taking his argument for a WIN-WIN advance of the moot and brief each LRW test run before five volunteer “justices” who The collaboration between the SCI’s moot class on the issues. “It’s a shot at getting have thoroughly familiarized themselves court program and the first-year Legal Re- the whole first-year class through, which with the case: Professor Steve Goldblatt, search and Writing (LRW) program, which is huge,” says Goldblatt. “It’s a win-win for a faculty director of Georgetown Law’s began last year, gives every 1L student at both programs.” Supreme Court Institute; Irv Gornstein, Georgetown Law the opportunity to see a On this day, the students are in luck. the Institute’s executive director; and three Supreme Court argument being honed. A Not only are Goldblatt and Gornstein on prominent Washington attorneys. The 1L record 1,173 student observers attended a the panel, but Fisher is at the podium; he students — who are allowed to attend after moot during the 2010-2011 season. has made 15 prior trips to the Supreme a careful screening for confidentiality and Goldblatt says that the LRW profes- Court. A co-director of Stanford’s Supreme conflicts of interest — are doing an admi- sors have done a fabulous job incorporating Court Litigation Clinic, Fisher is able rable job of following along. the moots — operating at the Law Center to switch from appellate advocate to law The moot courtroom is an intimate since 1999 — into their first-year program. school professor in the time it takes him to theater. The distance from the podium to Observing moots is a terrific learning turn around and start answering questions

12 SPRING/SUMMER 2012 • GEORGETOWN LAW LECTURES AND EVENTS BILL PETROS

Adjunct Professor and former U.S. Solicitor General Paul Clement speaks to a class of 1L students on November 30 after mooting his Supreme Court oral argument in PPL Montana v. State of Montana before a panel of professors and appellate advocates. Through a collaboration between the Supreme Court Institute’s Moot Court Program and the first-year Legal Research and Writing program, students get to hear practitioners’ Supreme Court oral arguments, under a promise of confidentiality, even before the justices do. Clement delivered his actual argument before the Supreme Court on December 7. The students featured in the story below heard Stanford Law Professor Jeffrey Fisher’s moot court argument in Greene v. Fisher two months earlier.

like, “How long did it take you to prepare Supreme Court has heard the case, and the fly. “Seeing the logical process within which for this?” Or, “How did you get the case in transcript is up on the web for students to the advocate must work is an eye-opening the first place?” examine. experience.” Ben Eisenstat (L’14), for example, asks Since students will be making their And it’s exciting for the professors as four questions on this particular day (more own appellate arguments next semester, well. Tiscione noted that in Spring 2011, than some of the real justices). Sometimes Laubach tries to get them to draw con- several sections of first-year LRW students students raise a substantive point for the nections. How the attorneys manage to briefed a fact pattern that was modeled af- lawyer to consider when reworking a Su- deal with constant interruptions from the ter United States v. Maynard, decided by the preme Court argument. justices. How they focus on the case law, D.C. Circuit — a case that went to the Su- “When a student suggests something not the plight of their unfortunate client. preme Court as United States v. Jones and and the advocate says, ‘Yes,’ that’s really a How having several alternate arguments is was heard by the justices on November 8. cool thing,” says Bernstein. a good thing. Those students, now in their second year, “This effort is serving to educate the Bradley Girard (L’14) was particularly were invited to attend the moot (and some next generation of lawyers who might actu- surprised by how deep everyone gets into were inspired enough to get in line at the ally do this, so they like being part of that the weeds — since one tends to think of Supreme Court at 3 a.m. to hear the actual learning experience,” Goldblatt says. the Supreme Court as deciding big issues argument). “It was very exciting full-circle of fairness and justice. teaching, which won’t happen all the time,” INTO THE WEEDS “Most of the argument was about Tiscione says. “But we’re in communication After a long weekend, a civ pro midterm, minute details in a subsection of a statute with the Institute now, working to design and a memo due somewhere in between, and interpretation of case law,” he says, problems based on timely issues to ensure the 1Ls are back in Laubach’s class the adding that it was nevertheless helpful to that it happens again.” following Wednesday for a debriefing. The see exactly how a seasoned advocate strings — Ann W. Parks together an argument and defends it on the

SPRING/SUMMER 2012 • GEORGETOWN LAW 13 LECTURES AND EVENTS STEVEN GREENSTREET Virginia E. Sloane, president and founder of the Constitution Project (at podium), with George Washington University Law Professor Jeffrey Rosen, former Ohio Attorney General Jim Petro, Nancy Petro and University of Virginia Law Professor Brandon L. Garrett. Examining Wrongful Convictions

n 1999, a man named Clarence Elkins and seeks to shed light on the important Ohio Attorney General Jim Petro and his Iwas convicted of rape and murder in constitutional issues that we still struggle wife and co-author Nancy Petro rounded Ohio based on the eyewitness testimony with. out the panel. Garrett is the author of of a six-year-old. While serving his life Virginia E. Sloane, president of Convicting the Innocent: Where Criminal sentence, he obtained part of a cigarette the Constitution Project, noted that a Prosecutions Go Wrong (Harvard Uni- smoked by another inmate suspected of significant part of the Bill of Rights is versity Press, 2011); the Petros penned committing the crime and mailed it to his dedicated to how we treat those accused False Justice: Eight Myths that Convict the wife for DNA testing. The result? Elkins and convicted of criminal activity — in- Innocent (Kaplan Publishing, 2011). was exonerated in 2005 and walked out of cluding the right to a speedy and fair trial, “Like many people, I [once] accepted prison a free man. the right to due process and the right to one of the myths … that most people who As of September 2011, 273 people confront witnesses. are imprisoned are guilty,” Rosen said. convicted of crimes in this country were “Today, these constitutional rights that “It’s impossible to maintain that position later found innocent and exonerated — are vital to providing a check on the gov- after you review the statistics in both of after spending a total of hundreds of years ernment’s power often go unenforced or these books.” in jail. How does this happen in America? under-enforced,” Sloane said. “As a result, The Constitution Project, which And how do we prevent it from happen- our criminal justice system has become co-sponsored the event along with ing again? too often not just, not accurate and not Georgetown Law and the Mid-Atlantic Those were the questions posed constitutional.” Innocence Project, presented all three at “How Flaws in the Criminal Justice Jeffrey Rosen — the New Republic’s authors with its annual Constitutional System Result in Wrongful Convictions,” legal affairs editor and a law professor at Commentary award — honoring them for held September 15 at Georgetown Law. George Washington University — led the “outstanding work that has improved the The event was part of the Law Center’s discussion on eyewitness testimony, false quality of public discourse” on a constitu- annual Constitution Day, which cel- confessions, invalid forensic evidence tional issue of the day. ebrates those sacred rights granted to and more. University of Virginia Law us as a nation more than 200 years ago Professor Brandon L. Garrett; former

14 SPRING/SUMMER 2012 • GEORGETOWN LAW LECTURES AND EVENTS

BRINGING DICTATORS TO JUSTICE

When Adjunct Professor Mark Vlasic (B’96, L’00) and his classmates attended Georgetown Law a little more than a decade ago, they did not live in a world where dictators were held accountable for human rights violations. “When [we] were in law school, no head of state had ever been prosecuted for war crimes in the history of planet earth,” said Vlasic, a member of the prosecution team of the International Criminal Tribunal for the Former Yugosla- via (ICTY), working on the cases against Radislav Krstic and the late Slobodan Milosevic. “I don’t think we have really

RICK ROE paused to recognize how momentous

David Simmons (L’84), left, and Street Law Clinical Teaching Fellow Sarah Medway (L’08, LL.M.’12), that is.” front, with high school student finalists in the “Know Your Rights” exhibit December 1. Vlasic’s comments came during “Contemporary Issues in International Criminal Prosecutions,” held November Human Rights on Display 30 in Hart Auditorium. The event was sponsored by the Georgetown Law Human Rights Institute, Human Rights n December 1, the Georgetown and talking about it, so [this idea] was a Action/Amnesty International and the OLaw Street Law Clinic and the D.C. natural for us,” Roe said. Criminal Law Association. Commission on Human Rights teamed The individual projects provided the “The age of impunity seems to have up for “Know Your Rights,” an exhibit of experiential learning component that is as come to an end,” said student modera- multimedia projects by students from 13 important to high school students as it is tor Seth Engel (L’11), who opened the local high schools. During the month of to law students. “One student said, ‘I’ve panel along with Sara Blackwell (L’13) November, students in Street Law taught never worked this hard on a project before of Georgetown Human Rights Action. classes in international human rights and in my life,’” said Clinical Teaching fellow Engel cited the indictments of former the D.C. Human Rights Act to area high Sean Arthurs, who helped organize the Bosnian Serb leader Radko Mladic in the schoolers — who then interpreted what event with second-year fellow Sarah ICTY and the late Libyan leader Muam- they learned in nearly 100 different ways. Medway (L’08, LL.M.’12). Medway took mar Gaddafi in the International Criminal The idea began with Adjunct Profes- the lead in developing the curriculum, Court, among others. sor David Simmons (L’84), chief adminis- organizing the projects and displaying the Vlasic and Engel sat down with Pa- trative law judge of the D.C. Commission exhibit. tricia Wald, a former judge on the ICTY, on Human Rights. Simmons contacted Former Street Law staff member Cha- and Adjunct Professor Gary Solis to talk the Street Law program last summer to risma Howell (LL.M.’08) chaired a judg- about defendants’ rights in international explore ways of celebrating the Universal ing committee composed of members of criminal trials, problems faced by the Declaration of Human Rights, adopted the community, and prizes were awarded. International Criminal Court, and military by the United Nations on December 10, “To see them go from having this large versus civilian courts. 1948. And Street Law Director Rick Roe voluminous piece of law to being able to “I don’t mean to imply that military recalled how, after a high school mock comprehend it, interpret it and express it justice is all roses and soft lights; it has trial last spring, Georgetown students and in a way they see fit … I’m astounded by its occasional unjust results and unfair the high school participants created a the turnout, the turnaround and the suc- outcomes, just like any justice system rap song about the event. “They used the cess,” Howell said. devised by man,” Solis said. “But ... if I media they were familiar with and that were charged with a serious offense, I they really liked as a means of expressing would rather be tried by a military court.”

SPRING/SUMMER 2012 • GEORGETOWN LAW 15 LECTURES AND EVENTS

Estate Planning Certificate Program: Five Years and Counting

very spring semester, Edward J. Beck- While it sounds like fun — and it is — in this area without pursuing the entire Ewith (L’74, LL.M.’83) meets with a the practical experience gained from the degree. few dozen attorneys pursuing Georgetown class is tremendous. And as for the program “Our thought was, estate planning’s an Law’s Certificate in Estate Planning — itself, there’s nothing like it in the country, important area with more and more middle- students who must advise him on what to Beckwith says. income families,” says Albert G. Lauber, do with more than a few million dollars in “I observed, when looking at law school who directs Georgetown’s tax program. It’s assets. curricula, that it was hard for anybody to an area that appeals to many students, Lau- Well, sort of. For his Advanced Private study anyplace and get the right courses, ber says, because it presents an alternative Wealth Planning Seminar, Beckwith (pic- offered in the right order, with any real to the litigation practice required by most tured above, in front of desk), a longtime hands-on experience — so at the end they big law firms. “It does not involve litigation adjunct professor who spearheaded the were fully trained to go right into practice much if at all, hopefully … and it gives a certificate program five years ago, takes on at a high level,” said Beckwith. When he young lawyer a chance to get real client the role of a wealthy client needing legal is not masquerading as Oskar or Everett, contact very early in his or her career.” help. (Last year, he played Oskar Obinski, Beckwith serves as the national leader of The certificate program appealed to an aging promoter of “oldies” rock concerts Baker Hostetler’s tax-exempt practice. Robert Hodges (LL.M.’12), a former U.S. whose “baggage” included multiple children What has evolved is a curriculum that Army JAG lawyer who plans to return to and grandchildren and a skeleton or two in produces 25 to 40 highly skilled practi- Iowa after completing his tax LL.M. this his closet; this year he is Everett Prescott tioners each year who can perform at a year. “There are farmers [in Iowa] who have IV, a retired member of Congress from a second- or third-year associate level. The had moderate income levels their whole wealthy family.) As they would with any certificate program, one of four connected lives, but they own all these acres, so they real client, students interview Beckwith to Georgetown Law’s graduate program in are asset heavy and cash poor,” Hodges several times to piece together the whole tax, is designed for full-time students wish- says. “With the aging farming population, story: filling in the gaps, avoiding the ing to specialize in estate planning inside there are some advantages to being in the pitfalls and deciding the best way to serve the tax LL.M. degree — or for part-time estate planning field now.” the client. attorneys wishing to ramp up their skills

16 SPRING/SUMMER 2012 • GEORGETOWN LAW LECTURES AND EVENTS

The creators of the program say the real magic lies in its faculty — people who have actively practiced the topic BILL PETROS they are teaching and who are national- ly recognized as experts. “You have this Georgetown Law Dean William M. Treanor, left, with U.N. High Commissioner for Refugees António Guterres and Rep. Sam Farr, D-Calif. extraordinary opportunity for a student to come into the program and not to just learn something academically, but to learn it from somebody who’s living and practicing it every day at the high- Improving Life for Refugees est level,” Beckwith says. David H. Kirk (LL.M.’07), an n the past 60 years, the United States A short film told the story of Pedro — a Internal Revenue Service attorney who Ihas gone a long way toward protecting torture survivor attending the conference earned his tax LL.M. just before the refugees — yet prisonlike detentions and a — who was forced to spend several months Estate Planning Certificate Program flawed adjudication system for those seek- in U.S. detention despite having obtained was created, returned to Georgetown ing asylum remain the rule rather than the a legal temporary visa to the United States Law almost immediately to help teach exception. So on the 60th anniversary of from Equatorial Guinea. Visiting Professor in it. He co-teaches a required course the 1951 U.N. Convention Relating to the Andrew Schoenholtz and others discussed in Income Tax of Estates, Trusts and Status of Refugees, human rights experts, how to improve detention conditions and Beneficiaries, as well as Advanced government officials and others came to asylum adjudication, expand detention Individual Income Tax — “a very practi- Georgetown Law to reaffirm the need for alternatives and increase protection for cal elective,” he says. Like Beckwith’s protecting these individuals and to propose refugees. wealth planning seminar, Kirk’s classes improvements for the U.S. government to “We’re not looking for a miracle recipe,” and all the estate planning courses are consider. said Vincent Cochetel of the UNHCR’s re- designed with actual practice in mind. “This convention is more important gional office for the United States and the “I’m doing war stories about what than ever,” said António Guterres, the U.N. Caribbean. “[But] together, we can agree we see on the outside of the classroom: High Commissioner for Refugees and the on something meaningful.” this is what the code says, this is what keynote speaker at the October 25 event. Sister Josephe Marie Flynn, the author the regs say, let me show you an exam- In recent years, the world has witnessed of Rescuing Regina: The Battle to Save a ple of a drafting anomaly that caused a one refugee crisis after another, demon- Friend from Deportation and Death (Law- trust to blow up — from a tax perspec- strating the importance of keeping borders rence Hill Books, 2011), told the story of tive — when no one thought about this open and refugee protection alive. “There a Congolese rape and torture survivor who little quirk and now someone’s getting are protection gaps at a global level.” was not allowed to call a lawyer when she sued,” says Kirk. “In my mind, this is Guterres joined Rep. Sam Farr, D- was arrested without a warrant before her meant to be your major, and you should Calif.; Eleanor Acer, the director of refugee terrified children in Milwaukee and hauled have the ability to go out there and hit protection at Human Rights First; and away to a detention center. the ground running. And if I don’t do Dean William M. Treanor during an all-day “Her husband later said to me, ‘In my job adequately, the students aren’t conference to examine the issues surround- Congo, yes, they do things like this,’ ” Flynn going to be able to do that.” ing refugee protection. The event was co- said. “ ‘But never in America.’ ” sponsored by the Georgetown Law Human Rights Institute, the United Nations High Commissioner for Refugees and Human Rights First.

SPRING/SUMMER 2012 • GEORGETOWN LAW 17 Meet Eight 1Ls the Way Our Admissions Office Did — Through Their Application Essays Student Stories

One was robbed at machete point in the wilds of Africa. Another donned a ballistic vest to venture through the lawless streets of Kandahar, Afghani- stan. Still another blew the whistle on an administrator at the school where she was teaching. No student arrives without a story. And the stories of these 1Ls are especially riveting. They prove that Georgetown Law students have much more than good grades and high LSAT scores. They have perseverance, passion for their cause — and a lot of moxie. Read their stories, and you’ll see what we mean.

Photographs by Sam Hollenshead

18 SPRING/SUMMER 2012 • GEORGETOWN LAW

Student Stories

“all right, katie, we are going live to the nation in five… four…three…” The blazing set lights caused my palms to sweat under the weight of a 35,000-signature petition. I was mentally preparing my remarks when CNN newsroom anchor Tony Harris leaned in with a whisper and a wink. “All right, you’ve got about two minutes to build your case for, what, about 200,000 people? You ready for this?” I had been learning how to build my case for weeks. I was hometown: Cumming, Georgia sitting in Atlanta where, less than a mile down the road, hundreds of student colleagues were gathered on the Capitol steps education: armed with petitions, picket signs and power in numbers. Our B.A. in political science, A.B.J. in digital and broadcast journalism, University of Georgia, 2011 General Assembly had just demanded a $353 million cut from all state-funded institutions of higher education. As president work experience: of the student body at the state’s flagship institution, I was News anchor, WNEC TV, North Georgia defending the university system’s students facing massive fee interests: increases, strained personal finances and threatened degree Watching Georgia Dawgs football programs. The weight of our petition signaled more than a symbolic request; it spoke for the 200,000 voices that charged Katie Barlow me to represent their case. While I built my argument, I learned several critical lessons that solidified my ability to make significant contributions as a student of law as well as in the legal profession. Two weeks before our protest, I wrote an editorial piece in the statewide newspaper advocating the student perspective on the budget reductions. We made our own list of expendable targets ranging from the president’s mansion to the athletic association. The article was published on a Thursday morning. My phone began to ring at 6:00 a.m. Parents called com- mending my bravery, state senators and representatives called looking to schedule meetings, CNN called for an interview, and, yes, administrators called with fury. The onslaught of administrative hostility generated fierce reactions from all sides. “You’ve got about two minutes to build your case for, what, about 200,000 people? You ready for this?”

Top-level administrators threatened campus-wide initiatives unrelated to the budget crisis. Such reactionary exchanges de- tracted from our message. I lost sight of the facts. I knew the salaries, fees and bank statements, but there was more at stake. The students had three priorities: jobs, classes and the integrity of our degrees, and that fact led to meetings with the governor’s office, newspaper headlines and national media coverage. Our strength hinged on our ability to effectively utilize the facts that supported our argument. Knowing the strengths and weaknesses of the opposing perspective was also critical. Our argument was CONTINUED ON PAGE 27

SPRING/SUMMER 2012 • GEORGETOWN LAW 19 Student Stories

stephen is my favorite of four siblings. He was born when I was six, and I still have my blue “I’m a Big Brother” button. I remember holding the precious neonate, gloating that after a mirror-image identical twin and two younger sisters, I finally had a little brother who would look up to me. He used to crawl into my bed to calm his fears at night, and he loved to spend hour upon hour trying to remove the mole from the back of my neck. The plastic Fisher Price medical instruments he used for these futile surgeries had been my toys years before. Although “Though pivotal life lessons would eventually emerge from this experience, my initial response was anger. “

my mother and father never completed undergraduate degrees, everyone had always known that I was going to be a doctor and that my little brother wanted to be just like me. Born to a teenage mother, I come from a union that failed to form long before it could be broken. My father would later marry, such that my twin brother and I did experience “conventional” family life with a stepmother and three new siblings, but much of my youth was spent searching for an identity to satisfy the competing interests of two antagonistic families vying for my fidelity. Growing up, I found solace from the interfamilial conflicts in being such a cherished role model to my younger brother Stephen. The indelible bond he and I forged during those formative years would later prove critical to sustaining us both through our most trying times. The United States has the highest documented incarceration rate in the world, with one of nine black men ages 20 to 34 either in jail or prison or on probation or parole. I always professed to be “socially conscious” and “compassionate to the Tarik Ajani-Kehinde Barrett plight of others,” but numbing numbers like these were often only impersonal statistics to conveniently pontificate upon hometown: during casual discourse or debate. On an otherwise beautiful Washington, D.C., and day in 2006, Stephen turned himself in to local authorities on Prince Georges County, Maryland a gun-related incident. My first gut-wrenching image of him education: in a prison jumpsuit is forever seared into my memory, and B.S. in biology, Morehouse, 2001 knowing that he might face up to 25 years in federal prison work experience: viscerally connected me to those anesthetizing numbers with Policy adviser and speech writer, an intensity that I had never imagined. U.S. Department of Education Though pivotal life lessons would eventually emerge from interests: this experience, my initial response was anger. Hadn’t I warned Student Ambassador for the Law Center Stephen that his choices would result in either death or impris- onment? Hadn’t I beseeched him to consider his mother and many other loved ones who would be devastated by his likely incarceration or demise? Hadn’t I spent my weekends reaching out to Stephen and his friends in D.C.’s volatile Trinidad CONTINUED ON PAGE 27

20 SPRING/SUMMER 2012 • GEORGETOWN LAW Student Stories

my mother does not drive, and I own a towel that I cannot use — these are my reasons for studying law. First, I must explain why my mother does not drive. My father, upon his ordination as a Baptist minister, had the opportunity to establish himself within the denominational hierarchy. Instead of seeking professional advancement, he and my mother chose hometown: to serve a small town in the upper peninsula of Michigan far Saint Ignace, Michigan from large congregations and retirement pensions. There were education: no accolades, few expressions of gratitude and only a pittance B.S. in history, Northland International University, 2006 to sustain a young family. They arrived three months before M.A. in political science, Marquette University Graduate School, 2010 my birth and have remained there for over a quarter of a century — faithfully serving their rural community. They did not work experience: choose this life to be praised for their humility, so I will refrain Legal document reviewer for Hudson Legal/J.P. Morgan Chase from doing so and simply call attention to the difficulty of their circumstances. interests: Early one fall morning, my mother drove to the office International travel where she worked in a custodial role. As she approached a stop sign, the windshield suddenly fogged. She braked but had Ethan J. Bercot no chance to clear the windshield before reaching the stop sign. She could not see a jogger who had decided in the mean time to cross the street in front of her. My mother struck the pedestrian and was charged with gross negligence. We hired a lawyer, a cheap one given our circumstances, who advised my mother to plead no contest. Desiring to end the affair as quickly as possible, my mother agreed. She was required to apologize in court for her “blatant disregard for the rights of another.” While a simple apology may seem trivial, my mother, who was horrified at the thought of hurting another, was deeply affected by the notion that she had “blatantly” caused someone pain. I had never seen her cry like that. Later, after talking informally to other attorneys, I learned that a better lawyer could have had the charge reduced to simple negli- “My mother does not drive, and I own a towel that I cannot use — these are my reasons for studying law.” gence, procured her better terms, and thereby saved her much heartache. Since the accident and because of her emotional courtroom experience, my mother has refused to drive. Now I must explain the towel. It is unusable because it is embroidered with a certain phrase: “Be Great — Serve.” The meaning of the words, as well as the towel, may be found in the life of Jesus. In St. Luke, Jesus taught his followers that “he that is greatest among you, let him be as he … that serves.” Later, in St. John, Jesus confirmed his words by his actions: he “took a towel … poured water into a basin and began to wash the disciples’ feet.” The master performed the task of a CONTINUED ON PAGE 27

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i start the morning in criminal court. Waiting for my case to be called, I listen to the judge pronouncing verdicts on the wide variety of defendants before him. My bench is just behind the desk on which the assistant state’s attorneys array their armfuls of case files. While the judge hears from the defendant in one case, I can overhear the dealing between the attorneys in other cases. The state’s attorneys are preternatu- rally attuned to the flow of the court, snapping their attention back to the proceeding at hand as soon as the defendant “This is my day-to-day existence as an officer in the Montgomery County Police Department.”

concludes a largely predictable monologue. (Every defendant is sorry for past bad behavior, and each one promises to be a law-abiding citizen forever after.) The state’s attorney presents her position to the judge in a succinct and practiced manner, as though she had been keen to every word the defendant had been saying. After this case is finished, there are many more still on the table, and the constant pressure of disposing of cases is evident on her face. After my case is settled or continued or nol-prossed, I collect my case file and descend to the first floor of the courthouse, where I must now attend traffic court. Here most dialogue is between the judge and the violators; many of my traffic cases are settled as I stand in silence at the table. Many violators do not even bother to show up. Occasionally I participate in a short trial, raising my right hand and swearing to tell the truth. I remember the violators as I saw them a month or more ago, smiling nervously behind the wheel or cursing me out or falling down drunk climbing out of the driver’s seat. Alexa Andrade Briscoe Now they are mostly dressed up and cleaned up for the oc- casion, though some think it appropriate to appear in court hometown: wearing shorts, dirty work clothes or T-shirts with violent gun Bethesda, Maryland or gangster motifs. The judge may not be able to resist ridicul- education: ing an especially egregious item of clothing, such as a full-size B.A. in mathematical economic analysis, political golden pistol-shaped belt buckle studded with rhinestones. science and classical studies, Rice University, 2006 After leaving the courthouse I change out of my suit and M.A., Criminal Justice, University of Maryland, 2007 begin my real night’s work, which is much less orderly and work experience: predictable than court. A shift may be spent in near-total bore- Currently a police officer with Montgomery County dom, guarding a prisoner at the hospital or waiting out a quiet Police Department holiday like Christmas Day. interests: On other days, I hasten from call to call. Some, like bur- Competitive horseback riding glary alarms, are routine but not without an element of danger. Others, like domestic violence or calls for mentally ill people, are perilous and unpredictable. Sometimes a call that sounds like something I have done a hundred times before turns out CONTINUED ON PAGE 28

22 SPRING/SUMMER 2012 • GEORGETOWN LAW Student Stories when i realized students were unwittingly cheating on the statewide assessment, I refused to watch idly. A school administrator deliberately handed to certain teachers several copies of the District of Columbia Comprehensive Assessment System Test, allowing the students to study and memorize the answers for the test. On confessing what I knew, I became a whistleblower. Not only were my students unknowing participants in hometown: academic dishonesty, their intellectual abilities were grossly Westchester, Ohio underestimated. The collaborators in the cheating made a education: mockery of an educator’s purpose. No one but me was willing B.A. in Psychology, Fisk University, 2008; M.Ed. in Special to stand up to them. Education, George Mason University, 2010 While I thought that blowing the whistle would be dif- work experience: ficult, it was tougher to watch the children cry because they Teach for America missed their teachers. The educators’ absences were not ex- interests: plained to them. Witnessing their tears broke my heart, yet Homeopathic medicine strengthened my resolve to help them. I found vindication in the fact that instructional practices Mia Carre Long greatly improved at my school as a result of my confession. Not only did our school grow from this; I did as well. In the past two years, I learned to take a stand for and dedicate myself to others’ interests. I was treated unfairly, ignored and threatened by colleagues. This did not deter my efforts. I was determined to focus not on the hardship I was enduring, but on the job I had taken as an advocate for special needs students. One would think that the field of education is absent ethical dilemmas considering the respect teachers have. However, public education is in dire need of regulations that will improve the quality of the public school model. Unfortunately, my story is not a unique tale of educational misfeasance. I provide an ear to parents whose children are removed or denied entrance to schools due solely to their status as disabled students. However, “I was treated unfairly, ignored and threatened by colleagues. This did not deter my efforts. “ the guidance I provide and the power that I have are limited by my lack of legal education and inability to practice law. When I became a whistleblower, I recognized the limits educators have. Teachers’ responsibilities lie in instructing students. There is little energy left to take up the policy and legal issues that plague education. A few teachers who are willing to leave the classroom and enter courtrooms would greatly improve both fields. I am one of those teachers. As a future law student, I am seeking a school that will help me become a legal advocate for students with disabilities. A public interest law program is a portal to my future of seeking redress of wrongs and advocating for students.

SPRING/SUMMER 2012 • GEORGETOWN LAW 23 Student Stories

“so, will you marry a moroccan girl or an american girl?” Silence. My heart sank as a numbing anxiety crept over my body, adrenaline flooded my veins, and my heightened senses brought the closely packed café into sharp perspective. I looked up from my leaking cup and into the long, bearded face of my host brother. An ominous hush fell upon the all-male patrons of the café before I replied in Arabic, “I don’t know yet what is written.” Looking around the room I noticed the robed men nodding their heads and murmuring Quranic verses “My host brother’s stoicism melted away. He grinned and replied, ‘Welcome, brother, this is your country.’”

to one another. The uncertainty of the moment lasted only seconds before my host brother’s stoicism melted away. He grinned and replied, “Welcome, brother, this is your country.” But wait. Reality check: I’m gay. And thus began a period of personal reckoning that brought me to question my identity in Morocco, a questioning that brought clarity and vigor to my role in the community, and which eventually established the unexpected direction of my Peace Corps service and intended career thereafter. Returning to the closet while living in my Moroccan community, though certainly not as emotionally onerous as first leaving it, revived in me a sense of guilt I thought I had left long ago. Coming from an Irish Catholic mother and 12 years of Catholic education, guilt and I were not exactly strangers when I boarded a flight to Casablanca in the fall of 2008. Yet its reincarnated Moroccan form was as vivid to me as the ceremonial slaugh- tering of the sheep during the Muslim feast of Eid al-Adha. Steven J. Schnelle Whereas the guilt I had experienced before coming out of the closet originated from feeling untrue to my own identity, my hometown: new feelings resulted from being unable to help others to real- Lynnfield, Massachusetts ize their own. As I remembered the individuals who supported education: me during my development, I saw an obligation to those who B.A. in comparative literature, would in all probability be forced to answer similar questions New York University, 2008 in cafés throughout their lives. work experience: My mind frequently returned to that evening in the café. Peace Corps volunteer, Morocco As I walked out into the raw drizzle that autumn night, I had interests: begun evaluating my community’s multifaceted relationship Playing the cello between its moral ideology and its understanding of alternative lifestyles. When I reflected on the exchange with my host brother, I realized that I had shifted the focus of his question from the glaring personal assumption that immediately struck me towards the subtle theological assumptions that he considered universally applicable, regardless of one’s sexual orientation. This exchange helped me to realize that even complex CONTINUED ON PAGE 28

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i came to understand the value of a legal education by working in those places where law is most fragile. Two years ago I made my first trip to the most lawless place I have ever been: Kandahar, Afghanistan. I had come to see Ghulam Hamidi, mayor of Kandahar, to research urban governance across the country. I was picked up at the airport by Gaz, a tattooed ex- Marine who ushered me into the back of a Land Cruiser and hometown: handed me a ballistic vest. “If anything happens, never open Denver, Colorado the door,” he said. “You’re always safest inside the car.” Speed- education: ing through Kandahar’s labyrinth of narrow streets towards city B.A. in political science and English, hall, I was struck by its emptiness. It was midmorning, and the Williams College, 2004 whole city seemed on edge: shops shuttered, streets vacant, as work experience: if it had been abandoned overnight by its half-million residents. Project manager at DAI, an international In my meeting with the mayor, I asked why the city was so life- development consulting firm less. How could businesses operate, he asked, when Taliban interests: roam freely, harbored not only by sympathizers but also by the Whitewater kayaking in West Virginia policemen paid to root them out? How could people feel safe when the chief of police demands bribes to provide protection? Steven Seigel The everyday reality of assassinations, kidnappings and bomb- ings had reduced all citizens to a constant, cowering fearfulness. Three weeks after I left, the mayor himself was targeted, surviv- ing a roadside blast that killed two of his staff.* In such a place, the absence of security erodes all faith that government would — or could — ever enforce legitimate order and security. Several months later, I found myself in Lahore, Pakistan, on a new assignment researching Pakistan’s justice sector. Before a meeting with the chief judge of a district court, my colleague and I were offered a tour by a first-instance judge. He escorted us through the grounds, sneaking us in and out of courtrooms, pausing to let us eavesdrop. Leaving the shade of the courthouse, he led us across the sweltering lawn to an outdoor holding cell where prisoners were kept as they waited “If anything happens, never open the door,” he said. “You’re always safest inside the car.” for trial. As we approached, a mass of emaciated arms snaked through the iron bars forming a wall of outstretched fingers. There must have been hundreds crammed into the tiny cells, with neither roof nor screen to protect them from the cruelty of the monsoon season’s sun and rain. I asked how long they were kept waiting. He chuckled. “Impossible to say. They come from jail every day in the event their case is heard. Sometimes they’ll come every day for months on end!” Shaking his head, he continued, “All of this to and fro is so very expensive.” In places such as these, the absence of law is often the *Unfortunately, Hamidi did not survive a July 27, 2011, attack by a suicide bomber. CONTINUED ON PAGE 29

SPRING/SUMMER 2012 • GEORGETOWN LAW 25 Student Stories

the deep blackness of the african night consumed me as I slept in my bamboo-tent camp in Lilongwe, Malawi, the whoop-cries of hyenas in the night my African lullaby. In the pitch dark of midnight, I awoke to the sound of men ripping through my campsite, slashing machetes, yelling, “Where is the money? Give us the money! NOW!” Hit with a machete, I fell flat to the floor under my bed frame. Later, I would reflect on the irony of traveling to Malawi to volunteer for animals only to find my life in the balance just like the animals I had come to help. “I awoke to the sound of men ripping through my campsite, slashing machetes, yelling, ‘Where is the money?’”

When I became a vegetarian at 15 after researching the conditions of animals in the meat industry, I had little idea that the journey on which I was embarking would ultimately result in a career choice of nonprofit advocacy, a passport covered with European and African embassy stamps, and the honor of being a Truman Scholar. My quest started slowly – first with volunteering with animals since childhood despite my severe allergies, then with research into factory farming in high school, and later with the discovery of millions of domestic animals killed yearly in shelters due to overpopulation. I strengthened my analytical thinking and communication skills as a member of my high school Speech and Debate and Youth in Govern- ment teams, debating the merits of various government policies and current issues. With funding from the Furman University Emerging Public Leaders program, I made my first leap into the policy realm as a high school senior, creating my own school organization (R.U.F.F.) and raising over $3,000 in mon- Lindsey Wallace etary and supply donations for local animal welfare nonprofits to increase spay/neuter awareness in my county. hometown: As I began my years at Duke as a recipient of the B.N. Duke Greenville, South Carolina Leadership Scholarship, I learned how to question arguments education: and evidence and evaluate policies I wanted to change through B.A. in Political Science and Psychology, political science and public policy courses. I worked with lead- Duke University, 2011 ers of local nonprofits and animal control to address animal welfare issues in Durham, sharpening my communication skills, experience: Student Animal Legal Defense Fund my knowledge and understanding of different animal-related policies, and my ability to understand the merits of competing interests: Playing the harp claims. During the past two years, I have applied these skills on campus at Duke where I am president of Duke for Animals and Pet-I-Care, the two Duke student animal welfare organizations. Currently, I am working to lobby Duke’s administration for hu- mane population control of campus feral cats, with the aid of Triangle Cares, a local animal welfare nonprofit organization of which I was recently elected a board member. CONTINUED ON PAGE 29

26 SPRING/SUMMER 2012 • GEORGETOWN LAW Student Stories

Katie Barlow known that Stephen was channeling as Stephen and I continue to co-create academic frustration with dyslexia into my legacy as a big brother, our relation- enhanced through the inclusion of an- high-risk behaviors with his peers, and ship has begun to equalize in ways that ticipated objections and even further in I had made a conscious effort to en- are deeper and more lasting. Our broth- its ability to bend, not break, under the gage myself in his life and include him erly affirmations are mutually self-rein- weight of objections yet to materialize. in mine. Unfortunately, as my medical forcing and have facilitated an evolving In our case, we students had the great- school matriculation grew increasingly maturity in both of our lives. est indisputable argument by simply precarious, my efforts with Stephen My affection for Stephen is telling our story. tapered, and my influence waned. I matched only by my gratitude. Our My experiences throughout the began to spend what little time we had odyssey together has brought me to past four years have ignited in me a together imploring him, as the osten- novel levels of self-awareness and self- desire for knowledge that provides sibly prodigal son, to “man up” and actualization. Through Stephen I can a sturdy foundation upon which the realize his potential, all the while fail- see that my own contradictions are not study of law can build a mighty con- ing to be the example he needed me to mutually exclusive, and this perception struction. I have demonstrated skill be. Even as I increasingly opined and has deepened my experience of au- as an intuitive researcher, an effective derided him from my self-righteous thentic compassion in service to others. communicator, an insightful journal- soapbox, I was hypocritically failing to I am an integrated tapestry of elation ist, a passionate defender and an eager embody the very behaviors and char- and disappointment, risk and reward, learner. Members of society have often acteristics that I verbally espoused. I ambiguity and conviction. No longer become victims of misinformation, failed to “walk the walk,” and Stephen’s defined by successes or failures, I em- invalid assumptions and illogical argu- witness of me giving up on myself in brace the growth opportunities inherent ments, which threaten the strength medical school had inevitably con- in these polarities and am empowered of our collective existence. My goal tributed to apathy in his own life. I to always put forth my very best effort. is to learn how to translate and com- later came to realize that my concern I discovered that transitional challenges municate the principles embodied in for Stephen had ironically masked my were not permanent impediments to the law for those victims. I intend to own behavior, which mirrored his, as I my progress, but were instead embold- link my experience in journalism and channeled my frustration with medical ening catalysts to my personal evolution communications with this desire to school into “saving” him instead. and professional development. I am serve and contribute to the betterment Stephen has been in prison for al- immeasurably strengthened in resolve of the public. I also want to help those most five years. Mentoring him through to pursue and achieve my goals, and victims understand the vast expanse incarceration with frequent visits, am grateful that Stephen and I shared of defense available to them in this phone calls and letters has strength- these life lessons together through a ca- foundational societal measure through ened the bond of familial love and sup- thartic process in which we each taught which we all live our daily lives. port we will always have, regardless of the other that which we were both still So now, after 22 years of developing our mistakes. The magnified mirror of learning for ourselves. desire, typing two pages and spending Stephen’s tribulations has offered pro- two minutes on CNN, to answer Tony’s found self-reflection on my own trials Ethan J. Bercot question, “Are you ready for this?” Yeah, in the less dangerous milieu of medical you bet I am. school, and his strength in embracing common servant; the greatest became responsibility and consequences as the least. Tarik Ajani-Kehinde Barrett opportunities for personal growth has Throughout my life I have learned inspired me to do the same. Stephen the truth of these words and actions. I neighborhood, proactively exposing wisely counsels me, from the unique first witnessed them in the life of my them to more constructive options? In vantage point of confinement, to not parents, who sacrificed much in order a last-ditch effort to impress upon him only serve and give back to others but to serve those in need. Having seen my the worst possible consequences of his to most fully equip myself to do so by parents live such a life, I wished to at- actions, hadn’t I even shown Stephen a achieving my own greatest purpose. I, tend a school suffused with the same cadaver at my medical school’s anatomy in turn, counsel him that the moment dedication to service and then perhaps lab to empirically demonstrate the fra- you embrace the reality that learning follow my father into ministry. I found gility of the human condition and the is a lifelong endeavor is the moment Northland International University, a finality of death? when your future truly becomes limit- small school in the northern woods of My anger was followed first by less, your options yours to create, and Wisconsin. The faculty and students I guilt and then by belated insight. I had your potential yours to maximize. Even encountered there truly embodied the

SPRING/SUMMER 2012 • GEORGETOWN LAW 27 Student Stories

life of service, and the program offered of the processes which they examined by nurturing awareness and tolerance me abundant opportunities to reach from the outside and about which they within the general population towards out to those in need. The impulse to- made policy prescriptions. Indeed, them, I chose a tangential path that ward service permeated not only extra- during my two years on patrol I have functioned within the social constructs curricular activities at this college, but learned more about how the law en- of the community while still leading nearly all aspects of academic experi- forcement and judicial systems actually me in the direction I wished to go: I ence. In fact, upon graduating, every function than five years of study could began working on HIV/AIDS transmis- student receives two items: a diploma, ever have revealed. At the same time, sion prevention. of course, and the towel that I have there are many aspects of my work that Almost immediately upon election described above. I enjoy for their own sake, such as my to the HIV/AIDS Committee of Peace Initially, I had thought that the life ability to act independently and exer- Corps Morocco, I realized that the of a minister would suit me. But the cise my own discretion, the unpredict- current system of HIV/AIDS response experience of my mother’s accident ability of every day and the occasional was severely flawed. Funds poured taught me that I could serve in a differ- opportunity to truly help a citizen. in from the President’s Emergency ent way: I could provide legal help for My long-term professional goal is Fund for AIDS Relief (PEPFAR) and those who need it. I began to think ear- to utilize my combination of practical were indiscriminately thrown to the nestly of studying law. But it would be experience and academic knowledge masses, numbers were guesstimated difficult to pursue this goal with only a to improve our criminal justice system. and recorded as fact, and monitoring degree from a small sectarian school. Now that I have learned what it means and evaluation were confined to dusty Therefore, I set out to improve my aca- to be a gatekeeper of the system, I volumes in dark corners of the Peace demic credentials while sustaining the would like to progress to a more intel- Corps library. I found that quantitative spiritual environment that had thus far lectually challenging role. I am not cer- data would have highly inconvenient enabled me to serve my communities. tain yet whether I will find my ultimate ramifications for the Peace Corps and I was fortunate, then, to attend Regent fulfillment as a prosecutor or perhaps the Moroccan and U.S. governments: University and later Marquette Univer- in a policy-shaping role. However, I they drew attention to the inefficien- sity to study government and political do know that the critical and rigorous cies in the system, to the lack of exper- science, respectively. Both schools study of law undertaken at Georgetown tise among volunteers, and — embar- challenged me in the rigors of academ- University would be a tremendous as- rassing in the eyes of the Arab Muslim ic discipline required for the highest set to my professional and personal polity — this data would show a high educational pursuits while encouraging development. I am confident that my rate of prostitution and men who have me toward the greatness of service. unique combination of practical knowl- sex with men (MSM) across the coun- I still have that towel; my wife has edge and intellectual ability will make try. As I realized how this plethora of one too. I recall the words written on me an asset to the classroom and to bureaucratic and cultural concerns them often. I hope that in the study the legal profession. combined to deprive my Moroccan and practice of the law that I can “be LGBT brothers and sisters of access great,” that I can serve those like my Steven J. Schnelle to a sound, statistically based and mother, who, while serving others, revised HIV/AIDS response system, I need to be served themselves. and contradictory moral constructs in was slammed by an excitement I could this Arab Muslim society had loop- barely contain: I had found it — my Alexa Andrade Briscoe holes that allowed for appropriate and direction, my contribution. constructive methods of response. Al- I began responding to the weak- to be something quite different. though the climate was highly intoler- nesses of the Peace Corps Morocco This is my day-to-day existence as ant to LGBT issues, I began searching HIV/AIDS response program by revis- an officer in the Montgomery County for a loophole through which I could ing our volunteer training program Police Department. assist the LGBT community. The op- from a haphazard system of discussion My initial motivation for this line of portunity that I eventually identified groups into a standardized, participa- work was to experience and participate functioned on the Quranic teachings tory development system in which in the criminal justice system, which that encourage individuals to aid the volunteers construct and execute an I studied while obtaining my M.A. in poor and sick, or those likely to be- HIV/AIDS workshop with a local com- Criminal Justice at the University of come sick, no matter the perceived munity group as an aspect of the train- Maryland. During my studies I felt that cleanliness of the individual’s soul ing; I brought members of Peace Corps many of the students and professors or state of mental health. Though I staff specifically trained in evaluation were somewhat ignorant of the reality couldn’t help the LGBT community and monitoring health programs into

28 SPRING/SUMMER 2012 • GEORGETOWN LAW Student Stories committee meetings to advise us on Steven Seigel Lindsey Wallace methods of developing a comprehensive scheme of analysis; finally, I began expectation and the norm. Atrocities As part of my Duke scholarship pack- building partnerships with associations and abuses pervade under laws rendered age, I was given funding to plan my that work with high-risk demographic weak by unpredictable enforcement own volunteer experience abroad. I groups across Morocco such as sex- and unequal application, so much so chose to travel to Malawi for six weeks workers and MSM, even though such that courts are trusted only by those to work at the Lilongwe Wildlife Cen- work is unsupported (though not wealthy enough to buy a verdict. In such tre. As punctuation to my amazing discouraged) by Peace Corps. The places, ordinary citizens, victimized by experiences of saving spitting cobras results of these labors will become governments built to protect them, turn from electrocution, chasing giant, half- quantifiably assessable in the coming increasingly to the draconian but assured tranquilized “bush pigs” and playing year as the data-tracking system that I justice offered by the Taliban or other re- with lions, being robbed at machete- established begins to reveal trends in ligious extremists. In such places, where point was a grim reminder of the pov- volunteer work and impact. the protection of fundamental rights can- erty and hopelessness that grips much I hope these labors are only the not be guaranteed, I have come to be- of Africa. In retrospect, however, I see beginning of my work in public health lieve that our efforts to support progress, the irony that I was put into the same policy. My experience in the café on development and growth will forever be position as the wildlife I had come that fateful evening set the trajectory constrained. I have witnessed the reality to save. In those moments of terror, I of my entire experience in Morocco, of these injustices, and my passion for experienced the very root of the pas- and I anticipate that my experience in the work I do — and hope to continue sion that drives me to work in animal HIV/AIDS response will likewise set — is firmly rooted in my conviction that welfare — the great equalizer of primal the trajectory of my future career. In the rule of law is the linchpin of a more fear and suffering. However, I was able Morocco, I came to understand the prosperous, safe and just world. to “fight back” by taking control and two most important resources for an At the end of my trip to Pakistan, surreptitiously texting for help under agent of change: motivation and direc- Professor Humayoun Ihsan, Dean of my bed. Unlike many animals and oth- tion. Living in Morocco for 27 months, the Pakistan College of Law, gave me a er innocents, I escaped with my life. closeted and isolated in a conservative copy of the Pakistan Law Review, Vol- Now, as I prepare my law school Muslim city, through turmoil and suc- ume 1, Number 1, 2001. “This is the applications, I find that everything has cess, through years of searching and first and only law review that Pakistan come full circle. My years of speech and finding, this experience forged within has ever had,” he told me, beaming. On debate, youth and government, intel- me an unshakeable understanding of my flight home, unable to sleep, I took lectual engagement and community myself and of my ambitions. In law the law review from my bag and started organizing have given me a tempered school, I hope to equip myself with the reading. Nestled in its dusty pages were balance of passion, knowledge and argu- necessary tools to participate on far the gripping stories of a country yearn- mentation, preparing me perfectly for the more influential committees than the ing to become a nation of laws. Beset as challenges of law school. More impor- humble group of dedicated volunteers it was by political chaos, ethnic conflict tantly, there is no better place for animal that meets quarterly in Rabat. I hope and violent insurgencies, there were welfare advocacy than the law itself. So- to increase my leverage on issues of nevertheless those who held firm in cial movements have often begun not in public health policy as I begin my work their belief that law persists as the foun- the minds of the public but through the anew stateside. I hope to once again dation upon which order and good gov- law; legal decisions regarding civil rights, be challenged to confront complex ernment are built, and that only by la- women’s rights and gay rights have forced systems that I must deconstruct into boring to improve its effectiveness could the nation to legally recognize rights that malleable pieces and then reconstruct a nation achieve progress. The struggle people may not be ready to accept in into more advantageous configurations. for change, these writers seemed to say, their hearts and minds. Through the legal In return, I will offer my law school is possible, achievable and essential. system, I will use my abilities and pas- a scholar with unique experience in Dog-eared and worn, Professor Ihsan’s sion to advocate on behalf of those who interpreting and maneuvering within gift occupies a prominent place in the cannot speak themselves. To inform my diverse social constructions and policy middle of a shelf just above my desk. It legal work, I also plan to get a masters in frameworks, an individual fluent in serves as a reminder of everything that public policy to expand my knowledge of three languages who has lived on three I have been fortunate enough to learn the tools of policymaking and support my continents, and an individual with an from my work thus far, and an inspira- policy goals. With the combined power addiction to excellence. tion for all that I hope to learn and con- of law and policy, I can realize my dream tribute in the years ahead. of being a true “voice of the voiceless.”

SPRING/SUMMER 2012 • GEORGETOWN LAW 29 30 SPRING/SUMMER 2012 • GEORGETOWN LAW Two decades ago, Georgetown University Law Center introduced a new way to learn the law. From all accounts, it’s been a remarkable success.

By Anne Cassidy JIM FRAZIER/ILLUSTRATIONSOURCE.COM SPRING/SUMMER 2012 • GEORGETOWN LAW 31 20 Years of Section 3

ammy Tompkins (L’94) hadn’t heard of Curriculum Curriculum B is now 20 years old, and while other law TB when she applied to Georgetown Law in 1991. But schools might offer a course here or there that resembles after she was accepted she received a letter informing her one in Section 3, no law school offers quite the same of an experimental curriculum that would be offered to one alternate approach to teaching 1Ls. With two decades under section of students that fall. Instead of the traditional con- its belt and 2,500 alumni to its name, Curriculum B has tracts, torts, civil procedure and constitutional law that had come into its own. Every year, approximately 115 students been common first-year fare for the past century, the new learn that “law is not just out there by itself, that it has been curriculum would offer such classes as Bargain Exchange influenced by philosophy and economics and even literary and Liability (a mixture of contracts and torts) and Democ- theory,” according to Professor Mike Seidman, who was racy and Coercion (which covers both constitutional law instrumental in creating the new program. and criminal justice). For some students Curriculum B is the reason they The new curriculum would examine the underlying come to Georgetown. It was for Christina Hennecken connections between law and other subjects, and would (L’14), who majored in English and especially likes the sec- emphasize the sources of law in history, philosophy and tion’s Legal Justice Seminar. And it was for Margaret Sopher political theory. It would focus not just on the “what” of law (L’14), an American Studies major who taught U.S. history but also on the “why.” It would still give students a thorough and government in high school and who appreciates the grounding in black letter law, but it would do so in a more creative, interdisciplinary approach of Section 3. theoretical and integrated way. At a time when legal education is being scrutinized like “I immediately thought, that sounds really interesting. never before, when schools are re-evaluating their methods I’d like to do that,” says Tompkins, now executive vice presi- and curricula, it’s worth noting that Georgetown Law has dent and general counsel of the biotech firm Amyris. So she been tweaking the model and pushing the envelope for signed up for the experimental curriculum (as it was known decades. It does this through clinics and externships and then; it’s now called Curriculum B or Section 3) — and experiential learning, of course. But it also does it through she’s never looked back. curricular reform — everything from changing the order and Right from the beginning, Tompkins says, “I had the placement of first-year courses to introducing small-group sense of being part of something novel and entrepreneurial, classes for 1Ls. The result is a dynamic approach to first- and that was cool to me.” She likens the experience to a year instruction, one that constantly strives to be better. In Silicon Valley start-up and being “part of creating things that the case of Curriculum B, it means a class like Government have never been done before. … I definitely remember hav- Processes. ing a sense of that, of being part of an experiment, meaning “Government Processes is the class that’s most differ- that [the curriculum] wasn’t imposed on us from the top but ent from the regular curriculum,” says its teacher, Professor had a form and structure that we, with the faculty, would be Jodi Short (L’95). It starts with a social problem — such as shaping.” industrially created risk — and then looks at how it might be solved through a variety of legal instruments and institu-

32 SPRING/SUMMER 2012 • GEORGETOWN LAW Professor Mike Seidman “The students were courageous, and there was an excitement about it, the sense we were involved in an experiment, in doing something important and different.”

tions. “We look at how you might solve [the problem] with When Professor Judy Areen (another member of the contracts, how you might solve it with torts, with criminal long-range planning committee) became dean in 1989, she law … then we move into a discussion of the regulatory tapped Seidman to head a curricular reform committee, and state and look at how we’ve tried to solve problems legisla- he in turn recruited Professors Daniel Ernst, Gary Peller, tively and administratively.” Eventually, Short says, students William Eskridge (who’s at Yale Law but visiting here this learn how to blend these tools and bring other sorts of semester), Anita Allen (now at the University of Pennsylva- governance approaches to bear on these problems. “We send nia Law School) and Mark Tushnet (now at Harvard Law) our students off into the world hopefully empowered as to join him. Seidman applied for and received a Department decision-makers who are not just going to litigate questions of Education grant, which gave committee members more about these issues but who will be involved in constructing time to brainstorm the new program. solutions to them.” Ernst was in his second year of teaching at the time — Short is in a unique position to teach this class, since but only his first year of teaching a first-year course (Proper- she experienced it as a student, too. As a member of only ty) — and for him the attraction of being on the committee the second class of Section 3 students, Short found the was to have at the start of his teaching career an opportunity program “the most rigorous and revealing academic experi- to “think through that experience, that challenge, with very ence that I ever had.” A key strength was how interdisciplin- thoughtful people in the faculty.” Being on the commit- ary the classes were, she says. “One of the things Section 3 tee also gave him and other committee members a chance did was to show me how you could bring insights from all to ask (and answer) some very basic questions about legal sorts of different disciplines to bear on a particular problem. education. Questions like, “Is it important to put theory in a I found that illuminating and intellectually exciting.” She course for practicing lawyers and, if so, why?” still does. Ernst remembers the committee taking a kind of “top- down approach” in the beginning. “We would have these discussions of first principles, but we had a hard time agree- From A to B ing on them — because if you put six law professors in one The roots of the new curriculum go back to the late 1980s, room they will have a hard time agreeing if it’s Tuesday.” But when Seidman, who was on the Law Center’s long-range then Ernst recalls Seidman saying, “Look, you are all here planning committee, made a persuasive case for a revision with some idea of a course that you want to teach that’s dif- of the standard first-year curriculum (which is now called ferent from what’s in the first year now. Why don’t we each “Curriculum A”). This traditional curriculum was devel- go out and design that course and then come back and see oped in the 19th century, Seidman explains, and it needed how close we are to a coherent curriculum?” rethinking “to deal with the kind of legal practice that Because Seidman had selected people with expertise people actually engage in now.” First-year curriculum revi- in differing parts of the curriculum, the plan worked. Each sion became a goal of the 1989-2004 long-range plan, but professor designed a course that he or she would like to “to be perfectly honest, I thought nothing would come of it,” teach. For Ernst, Property became Property in Time, which Seidman says. looks at the rules of property in light of the history of

SPRING/SUMMER 2012 • GEORGETOWN LAW 33 20 Years of Section 3

American legal thought. Peller created Bargain, Exchange the increasing influence of economics, philosophy, history and Liability, which combines contracts and torts and and political science on the law. To these, Seidman adds a puts them in historical and conceptual context “so for fourth — “the effort to integrate the courses so that they example what’s more important than whether something talk to each other, so students tend to see that they deal is a contract or a tort is the year of the decision, whether with a common set of problems.” it’s from this period of legal thought or that period of legal It’s not as if all this was immediately clear in the early thought,” he explains. days, though. “In the initial run-through some things Allen, Eskridge, Seidman and Tushnet designed worked and some didn’t, so we ended up making some courses, too, and it was from these classes (Legal Justice, changes,” Seidman explains. The Legal Research and Legal Process, Democracy and Coercion, and Govern- Writing class was tweaked, Integration was dropped and ment Process, respectively) — plus a seminar class called Legal Justice became a seminar. Although originally all Integration — that the new curriculum was born. Once the professors teaching the large-section classes taught the details were hashed out, the faculty approved the one small-group section, Ernst says that was discontinued experimental curriculum on the condition that a second after the first year. committee of faculty members would oversee it by attend- More important than any individual class was the ing classes and providing reports of its progress. overall tone of that first year. “The students were coura- One decision made early on was that students would geous, and there was an excitement about it, the sense choose to be in the new section rather than be assigned to we were involved in an experiment, in doing something it. It was a bold move because no one knew how many stu- important and different,” Seidman says. dents would opt in. “It turned out that more than half of Tompkins agrees. Being involved in the first year of the entering students indicated they would prefer Section the program “gave a meaning to the year that it might not 3 to the traditional first-year curriculum,” Areen says. It otherwise have had.” would not be the first time the section was oversubscribed. At the end of the first year there was mandatory assessment of the program to fulfill the terms of the Department of Education grant. “We were supposed to do The Sweet Spot a panel discussion and students were invited to give their Read the official description of Curriculum B and you’ll reactions. Because the students that year were so heavily learn it was designed to respond to three important politicized, they formed themselves into various cau- changes in legal practice and theory: the emergence of the cuses,” Peller explains. There was a law and economics regulatory state and the fact that Congress, rather than caucus, a progressive caucus, a students of color caucus, the courts, increasingly determines underlying rules; the a feminist caucus, even a “non-caucus caucus.” Tompkins breakdown of traditional boundaries between common remembers the caucuses as “people searching for a law subjects such as torts, contracts and property; and

34 SPRING/SUMMER 2012 • GEORGETOWN LAW Professor Jodi Short (L’95) “One of the things Section 3 did was to show me how you could bring insights from all sorts of different disciplines to bear on a particular problem. I found that illuminating and intellectually exciting.”

collective voice.” Eskridge remembers them as students the section. “Curriculum B is not for everyone,” Cornblatt “taking possession of their learning process.” says, “but the fact that Georgetown offers this alternate However they were interpreted, the student caucuses way of going through the first year of law school — and no were a somewhat raucous part of the scene at the year- other school does — I think for a certain population that end panel discussion. Seidman remembers it well: “The makes a huge difference.” Federalist Society invited Richard Epstein from the Uni- versity of Chicago. … There was this packed house and Richard got up and said this curriculum was a disastrous, Different Sorts of Questions ridiculous idea and students were not going to be pre- When Curriculum B was established, surveys were compared to practice law.” When one student asked Epstein missioned to measure student progress at three and five what he should do, Epstein said, “‘the only thing you can years out. This research revealed Section 3 students did at do is to drop out and start again at another law school,’” least as well in upper-level courses as other students and Seidman recalls. “But then another student — and I will they fared as well in their careers, too, although they were always be grateful for this — said, ‘Professor Epstein, I more likely than their counterparts to go into public inter- have two questions for you. How long did you study this est and government work. (More difficult to quantify is curriculum before you made these charges and do you the anecdotal claim that a large number of legal academ- consider [this analysis of Section 3] your best work?’” ics from Georgetown Law seem to have been Section 3 As this scene illustrates, the early days of the new students. “Being in Section 3 made me want to be a law curriculum were exciting but unnerving. “Because it was professor,” Short says. “I was absolutely in awe of my Sec- not completely obvious that [Curriculum B] was going to tion 3 professors.”) work. It might have been an embarrassing and disastrous Faculty members interviewed for this story are quite failure,” Seidman says. But when the dust settled, it was clear that students in other sections receive an excellent clear that the new curriculum was not a failure at all, that education and that much of the difference between stu- in fact it worked very well. dents in Section 3 and other sections can be attributed to “From the beginning we reached this sweet spot self-selection, the fact that students opt into the program where the people in Section 3 think it’s wonderful and and the type of person that decides to take this path in can’t imagine having gone to law school without it — and the first place. “The section tends to draw people who are the people who are not in Section 3 can’t imagine being in more willing to take a risk and who are not bound and it,” Seidman says. determined to do what everybody else is doing,” Seidman Dean of Admissions Andrew Cornblatt remembers says. thinking when the new curriculum was developed “that On the other hand, Section 3 does encourage a if this took off, it would be a really great recruiting tool.” certain kind of thinking — and after an intense year, It did — and it has. There’s often a waiting list to get into that creates a certain kind of student. “When you talk

SPRING/SUMMER 2012 • GEORGETOWN LAW 35 20 Years of Section 3

to people teaching upper-level courses,” Seidman notes, The Nudity Hypothetical “they will tell you that they can recognize who the Section It’s more than midway through the first semester and a 3 students are because they tend to ask different sorts of small group of Section 3 students are working their way questions.” through a hypothetical on public nudity. The hypothetical Megan Lovett (L’13) is one of those students. An is part of the Legal Justice Seminar, which consists of a older, less traditional law student (she’s 31 and was a one-hour large-format lecture and a two-hour small-group newspaper photographer before coming here), Lovett says discussion per week. This year’s lecturer is Professor her second-year classes are full of Section 3 people, and David Luban, but the public nudity discussion is taking not only do they ask different questions, but “I think we’re place in Professor Philomila Tsoukala’s small-group class. also better at looking at the underlying policies behind the By the middle of the semester, Tsoukala says, groups law.” of students take turns leading the discussion and many Lovett admits to extreme bias about Section 3. “I of them come up with hypotheticals to make their points. don’t know if I would have stuck with law school without This group of students asks classmates to assume they it,” she says. Last year, amidst all the other year-end pres- live in a society where public nudity is both common and sure, she and her classmates made a video of their class acceptable. The room is divided into two groups, one for that included dancing on the steps of McDonough and and one against this practice, as students discuss rules, a cameo appearance by Professor Ernst. That they made precedents and exceptions. There is talk of zones of time to do this Lovett attributes to Section 3 savoir-faire: exclusion (on the pro side) and the protection of children “People from other sections walked by us [as we were (on the con); of the health benefits (the pro side argued it making the video] and said, ‘How do you have the time?’ would make more people use the gym) and the business We said, ‘We made the time because it was important to deficits (the fashion industry would take a direct hit, the us.’” cons argued). When Marquette University of Law professor Paul Students question their values in the Legal Justice Secunda (L’97) was a student in Section 3, a group of stu- Seminar, Tsoukala says. The class covers every jurispru- dents in his class put together a satirical newsletter called dential movement from the 1850s on, including critical The Daily Crumpet. Secunda, whose essay on Section 3 legal studies and feminist theory, with the main emphasis appeared in the Spring 2010 issue of Georgetown Law on legal realism. “Essentially what the legal realists did magazine, says the alternative curriculum “had a peculiar was uncover case by case how, behind the guise of neutral way of binding not only the students together with each reasoning, you have policy choices being made. So that other, but also the students together with the professors.” kind of naturally leads students to question their choices.” Talk to Section 3 folks, and it’s difficult to find one Professor Gary Peller’s Bargain, Exchange and Li- who doesn’t feel a special bond with professors and ability class is another place where students are chal- classmates. “I wanted this section specifically. … It was a lenged to think outside the box. “One thing that Section 3 pretty great supportive structure in a seemingly alienating does more than other classes is it brings out the political, experience,” says Chris Carrraway (L’13).

36 SPRING/SUMMER 2012 • GEORGETOWN LAW Professor Gary Peller “One thing that Section 3 does more than other classes is it brings out the political, ideological issues that are in the back of the neutral legal doctrine, and oftentimes that produces a lot of passion and animation in students.”

ideological issues that are in the back of the neutral legal fast than with precedent.” But by the spring semester, doctrine, and oftentimes that produces a lot of passion when students prepare an appellate brief, they bring in and animation in students,” Peller says. “more conscious tools to build their arguments. They Daniel Smith (L’14) says he thinks it’s the rare law know their audience, they know what their points and student, especially in Section 3, who would have all of counterpoints are, because that’s built into the Section 3 his pre-existing orientations validated in such classes — curriculum.” unless he came in with “a very ‘critical legal studies’ point of view.” Students tend to see this critical and challenging Spools, Hub and a Mexican Cake environment as a toughening agent, something that makes In a traditional curriculum, students read cases, identify them better able to discuss loaded, sensitive subjects: pertinent rules in the case, are pressed on whether the “Last night I ended up in a debate with students from rules should be narrower or broader and then move on Section 2 and Section 4 about slavery and constitutional to the next case as if its arguments are relevant only to law,” says 1L Margaret Sopher. She says everyone “was that issue. Section 3 takes a different approach. Peller aware of both the delicacy and the reasons why it was OK says of Bargain, Exchange and Liability, “We analyze the to disregard the delicacy since we’re all good people who cases as if we are anthropologists coming onto a ‘primitive’ don’t believe in slavery. But I was the only one who was discourse and trying to figure out its internal grammar and comfortable — and my comfort level came from thinking structure. We approach legal argument as embodying a we don’t have to forget our history in order to improve particular language for organizing the world, and we try to upon it.” She attributes that to the discussions she has in see how that language might work ideologically, how law her Section 3 classes. might be a form of politics.” Professor Julie Ross teaches Legal Practice: Writ- There’s a basic philosophical difference here — a ing and Analysis, Section 3’s legal research and writing critical approach. And there is also the belief that learning course. While her class probably differs the least from theory is a way to learn skills. “I don’t think that any stu- its counterparts in other sections, Ross does notice some dents in my class would say they’re not learning to argue, differences, though they change throughout the year. In because that’s what we do,” Peller says. “When done October, when the first long memo is due, Ross thinks properly the theory is in service to the skills training and that Section 3 students have an additional element they the skills training is in service to the theory.” struggle with that is unique to their curriculum. “That’s But while pedagogical technique may differ from because I’m asking them to predict what a judge will do Section 3 to other sections, certain basics do not. “We — when they are in the midst of discussing the argu- grade on the same scale and use the same curve,” Seid- ments of the legal realists and critical legal theorists man notes. Above all, he says, “We made a promise to our in their other courses and are questioning whether the students — and we’ve kept it — that everything you need judge’s ruling has more to do with what she had for break- to be a lawyer … is covered in Section 3.”

SPRING/SUMMER 2012 • GEORGETOWN LAW 37 20 Years of Section 3

For the most part, students agree. But there is a see both sides of an issue. “They had this broader perspec- Section 3 stereotype, the creative, head-in-the clouds tive from the beginning,” he says. intellectual, and sometimes students like to poke fun at Tammy Tompkins says her Section 3 experience this image. Mark Nabong (L’07), who bills himself as a emboldened her to take a more creative career path. “I’ve full-time lawyer and a part-time comedian, was the Sec- done a lot of things [an associate at Shearman and Ster- tion 3 commencement speaker his graduation year. Some ling, adjunct law professor at the University of California of his biggest laughs came when he said, “In Section 3 I’ve Berkeley and now vice president and general counsel learned that the contract is dead … and you cannot put a at Amyris] and I’ve never really been afraid of making a price on human life. … What I did not learn is what a tort change or not landing on my feet,” she says. “I’m going was. As far as I can tell it’s some kind of Mexican cake.” to make the choices I think are interesting and not worry Irreverence aside, most Section 3 alumni think that about following the absolute traditional path — and I the alternative curriculum is onto something, and some think Section 3 has something to do with that.” believe it should go even further to upend the status quo. R.J. McCaffery (L’07), who blogged about his Section 3 experience on Scoplaw, says, “Most law schools say, Making Connections ‘Here’s a bunch of spokes and a hub. Now, go ahead Talk to Section 3 folks and you will hear a lot about and try to build a wheel.’ That’s very frustrating for some connections. Current student Daniel Smith had already people. Section 3 made a huge leap in the right direction, heard about the innovative alternative curriculum before as far as demystifying legal arguments, but most of us felt he came to Georgetown because his friend Christopher that it could have gone further.” Tyson (L’06), an assistant professor of law at Louisiana Still, McCaffery says his unique training has had State University, had told him about it. And Tyson, who’s “immense practical benefit.” For instance, when he was a teaching Property at LSU this spring, decided to use the public defender in Miami, he was able to use policy argu- casebook authored by his Section 3 Property in Time ments he learned in Section 3 to place a client in a mental professor, Richard Chused. Chused, in turn, revised his health facility rather than the 12 years in prison the law textbook, Cases, Materials and Problems in Property (Mat- mandated as a minimum sentence. His homeless client thew Bender & Company, 1999) to accommodate the had been accused of stealing fruit to eat. “Many attorneys changes he made to the material when he taught Property only learn to craft legal arguments based on black letter in Time and “it quickly became clear that a teaching text law, but policy arguments can show judges and juries meeting the purposes of the curriculum did not exist.” what animates the law. If these deeper arguments are not That version, Chused says, has since been revised again explored, society as a whole suffers and the mechanical (Lexis/Matthew Bender, 2010), but retains the Section 3 application of black letter law can produce absurd and orientation even though he now teaches at New York Law unjust results.” School. Eskridge, who’s visiting at Georgetown this spring, In other words, cross-fertilization is the name of the recently talked to some of his Section 3 students from the game in Section 3. Another textbook to grow out of the early 1990s, and they said they felt better able than tra- alternative curriculum is The Regulatory and Administra- ditional law school students to make legal arguments and tive State (Oxford, 2006), co-authored by Professors Lisa

38 SPRING/SUMMER 2012 • GEORGETOWN LAW Professor Daniel Ernst One of the ways Section 3 has influenced the rest of the school is that “people cycle into the section, they see techniques or approaches in teaching and they take those out with them into other sections.”

Heinzerling and Mark Tushnet. “When I was asked to touched on those or closely related issues in other classes, teach Government Processes in Section 3, I put together and it’s made it easier on me as a teacher to weave analyti- my own materials for the course. Mark also had developed cal theory into the teaching of legal doctrine in a more his own materials. Eventually, we combined our materi- seamless and comfortable way.” als into the casebook. None of this would have happened Byrne also believes that legal education in general is without Section 3,” Heinzerling says. moving the way of Curriculum B. “Since Section 3 began, Eskridge goes even further. “Tushnet and Heinzerling’s the content of the courses in the rest of the law school was the first really good case book and maybe the first case is taught more the way Section 3 is taught.” Everyone book period that aimed the regulatory and administrative includes the basics of law and economics in contracts and state stuff to first-year students, because they had tradi- torts, the faculty are more theoretically grounded than they tionally been upper-level courses. That was a huge home were 20 years ago and, in general, philosophy and history run for the program.” So the connections and changes play a larger role in all first-year classes. Byrne thinks the wrought by Section 3 continue rippling out into the world. reason for this shift is mostly generational, as a new era of “The Georgetown experiment has certainly been influen- scholars takes charge. But there is also a way in which, at tial,” Eskridge says. least at Georgetown, Section 3 has seeded the rest of the As Curriculum B enters its third decade, it’s no longer curriculum. an experiment. In fact, it’s the third-year curriculum that’s Ernst likens this to the New Deal and how some of the being rethought at Georgetown and elsewhere in legal agencies created on an “emergency” basis are still a part of academe, as educators ponder how to provide students our lives today. One of the ways Section 3 has influenced with both practical experience and specific expertise be- the rest of the school is that “people cycle into the section, fore they begin working. A committee here is looking into they see techniques or approaches in teaching and they innovative ways to provide experiential learning, financial take those out with them into other sections.” And in many literacy and transnational expertise to third-year students. ways, that’s happened. It doesn’t take away from the cut- But by opening up a centuries-old tradition for scru- ting edge the program had — or its original intent. tiny, as Curriculum B did, other curricular alterations “When I think back on what we did,” Seidman says, became more possible and more feasible. Professor Peter “I think the most important decision we made was to say Byrne has been at Georgetown more than 25 years but that we would do this for one section and not everybody. he taught his first Section 3 class, Property in Time, this … This is a program for people who want to do it — stu- past fall. (Section 3 classes are taught by a revolving set of dents who want to take it, faculty who want to teach in it.” faculty members, along with some stalwarts.) But in the long run, you can’t help wonder if everyone else As someone new to Section 3 but not to Georgetown, hasn’t benefited, too. Byrne appreciates the interdisciplinary nature of the program. “As we’ve explored some of the conceptual issues behind property … I keep finding that students have

SPRING/SUMMER 2012 • GEORGETOWN LAW 39 of — A — New Kind Clerkship

40 SPRING/SUMMER 2012 • GEORGETOWN LAW By Ann W. Parks

It’s a spectacular fall day on Capitol Hill, and inside the Hart Senate Office Building, Bryan Boroughs (L’11, G’11) is hard at work on the Democratic side of the U.S. Senate Committee on Health, Education, Labor and Pensions. Over in the Dirksen Senate Office Building, Emily Fuller (L’10) is working equally hard on the Republican side of the U.S. Senate Committee on Finance. Boroughs and Fuller aren’t staffers or interns; on Capitol Hill, they fall under the category of congressional or legislative fellow. These Georgetown Law graduates (pictured opposite with Visiting Professor Dakota Rudesill, center) are helping to advance a totally new concept: a formal legal clerkship program that, if authorized, could one day be as prestigious — and as important in terms of legal training — as the judicial clerkship. SAM HOLLENSHEAD AND BRENT FUTRELL SPRING/SUMMER 2012 • GEORGETOWN LAW 41 federal clerkship program for law graduates has yet to “I love this place” A be realized in Congress. In 2008 and 2009, Rep. Zoe Lofgren, D-Calif., Rep. Dan Lungren, R-Calif. (L’71), and While some of his classmates are enjoying offices at the na- others sponsored legislation that would allow 12 congressio- tion’s top law firms, Boroughs gets a desk in the Hart Senate nal law clerks — six Democratic, six Republican — to serve Office Building — in a small yet cheerful space that he shares in Congress each year. The legislation passed in the House, with an undergraduate from Stanford and a recent law gradu- but died in the Senate both times. So to get the idea rolling, ate from Minnesota. If he had arrived on the Hill a week or Georgetown Law in April 2011 announced the creation of two earlier, he would have been lucky enough to get a cubicle its own congressional law clerk fellowships, independent of that is presently occupied by another committee staffer. But any proposed legislation. Boroughs and Fuller are the first as it stands, Boroughs is happy with his desk. He knows he’s recipients. lucky to be here. “Dean Treanor is the one who deserves so much credit for He’s working for the Oversight and Investigations team, this,” says Visiting Professor Dakota Rudesill, interim director doing investigatory work for anything the Committee on of Georgetown Law’s Federal Legislation and Administrative Health, Education, Labor and Pensions happens to be examin- Clinic. Rudesill made the case for congressional clerkships in ing. While much of the committee’s work is confidential — law review articles in 2008 and 2010; in the clinic, he is train- attorney ethics and client confidentiality applying just as much ing his student lawyers to advocate for Congress to pass the on Capitol Hill as anywhere — Boroughs says there’s a fair bipartisan Daniel Webster Congressional Clerkship Act (H.R. amount of overlap between the investigative work on the Hill 1374). “It was Dean Treanor who said, let’s not wait for Con- and what a young associate would be doing — “lots of docu- gress to get this bill through, let’s see if we can do something ment review, a good bit of legal analysis on whether the things at Georgetown to get this started. Let’s prime the pump.” we are finding violate law or if the law needs to be addressed.” One of the most compelling arguments for legislative Today, he’s just finished bringing his boss up to speed on clerkships is that all sides benefit from having the nation’s a First Amendment issue related to a problem the commit- top legal talent act as law clerks for Congress. “Whenever we tee is investigating. Since starting his clerkship in September, talk to people about clerks in Congress, everybody thinks it’s Boroughs has been working on the investigation and on its a great idea,” Treanor says. “But until we talk to them, almost final report, to be published later in 2012. Once the report is nobody’s heard about it, so that’s what we are trying to get issued, he looks forward to helping the team launch its next started.” investigation. As the 2011–2012 Georgetown congressional law clerk Contact with senators isn’t the day-to-day interaction that fellows, Boroughs and Fuller are now spending their days on some law graduates have with a judge in a judicial clerkship, Capitol Hill, while Rudesill and his clinic students work to since senators have such a large staff. But Boroughs wouldn’t make federally funded congressional clerkships a reality for be anywhere else. “It’s really nice to be on the investigative other talented law students across the country. side because even with the gridlock that Congress can put “We really want the legislation passed, and any program forward by failing to pursue meaningful compromises you can like this that works well is going to help that effort,” says still shed light on important issues that matter to people,” he Boroughs. “It’s an important program for the legal community, says. “I love this place.” for Congress, for everybody, and the last thing I want to do is Over in Dirksen, Fuller is sharing an office with inter- to come here and have them say, ‘That guy Bryan, he was okay.’ national trade counsel on the Republican side of the Senate We want it to be, ‘These fellows are great, we need them, they Finance Committee. She liked the broad jurisdiction of that are new, they are energetic, they are qualified, we want them.’ committee, which deals with health care and social security, We want this legislation to pass, so we are trying to build that tax and international trade. So on arriving in September she reputation.” joined the international trade team, which was working on

42 SPRING/SUMMER 2012 • GEORGETOWN LAW getting the free trade agreements with Colombia, South Korea and Panama passed in the Senate. “The power to regulate trade policy with foreign nations is constitutionally granted to Congress, but we consult with the Office of the U.S. Trade Representative, which is the president’s main trade representative, to make the negotiations happen and determine what the objectives should be,” Fuller explains. While she’s not person- ally consulting with the negotiators (which takes a higher level of security clearance than she currently has), Fuller attends USTR briefings of the Senate Finance Committee on, for example, labor obligations in trade agreements. “It’s something that’s very present in our office … those are the kinds of things we are keeping track of.” The team also worked on a bill in September to renew the General System of Preferences — a program that alleviates import duties for developing countries — and is now consulting with the Office of the USTR regarding negotiations for the Trans-Pacific Partnership, an Asia- Pacific regional trade agreement currently being negotiat- ed among the United States and eight other partners. And the team drafted an amendment to the China currency bill, which would add tariffs to imports from countries that are intentionally manipulating their currency. Fuller is currently helping to draft a bill with the Democratic staff of the Senate Finance Committee concerning the reauthorization of a specific agency. “Along with my colleagues, I’m talking to all the various stakeholders who have an obvious interest in the agency, to see what they think should be fixed and what’s good about it,” she explains. “That’s the first time I’ve gotten to do that, so it’s really exciting; I’m getting to see the bill drafting process from the beginning.”

Legislative lawyering

A few blocks away at Georgetown Law, Elizabeth Farrar (L’12) and Luke Entelis (L’12) are leading the charge to get the federal congressional clerkship legislation passed Visiting Professor in Congress. Prior versions of H.R. 1374 successfully passed the House in 2008 and 2009, and Rudesill is opti- Dakota Rudesill mistic that this session of Congress will be the time. As students in Rudesill’s Federal Legislation and Administrative Clinic, Farrar and Entelis have set themselves the task of moving the bill from the Committee on House Administration, where it currently stands, to a floor vote. But given the bill’s previous success in the House, much of their effort has been focused on the Senate: specifically, finding a new Senate sponsor. The

SPRING/SUMMER 2012 • GEORGETOWN LAW 43 previous sponsor, Sen. Charles Schumer, D-N.Y., is still their client,” Rudesill says. “Also, they advocate to Congress supportive and has helped them approach other sponsors, on behalf of the client.” they say. Entelis, Farrar and Rudesill all say the slow pace of the To that end, they’re researching which lawmakers might legislative process can be frustrating for clinic students, be receptive to their message, crafting letters to Senate who would always like to see their work pay off by the offices, reaching out to Hill staffers, engaging with policy- time exams roll around. While getting the bill passed is the makers — in short, doing real legislative work. Both have a ultimate goal, the students’ day-to-day role is to keep up the strong interest in politics: Entelis, who spent two years on momentum. “They are really at the cutting edge, working on the Hill before coming to Georgetown, served as special this initiative,” Rudesill says. assistant to Rep. John Dingell, D-Mich. (C’49, L’52); Farrar, Georgetown Law’s Student Bar Association president, came From classroom to Congress to law school from Emory, where she was student government president. For Rudesill, championing the notion of a federal congres- “One of the bill’s greatest strengths is its history of bipar- sional clerkship program began “as an interesting example of tisan support in the House; accordingly, we are now looking synchronicity.” at both sides of the aisle in the Senate, to see how we can After nine years as a staffer on Capitol Hill, Rudesill en- maximize bipartisan support moving forward,” Farrar says. tered law school at Yale hoping to become better at drafting And Farrar and Entelis are focused on advocacy efforts statutes and understanding the legislative process as legal — reaching out to different segments of the legal commu- process. nity, writing pitch letters to legal blogs. [There’s a national “I naively had this idea that legal academia in America petition from law students and recent law graduates avail- and the legal profession took legislation as seriously as they able for signatures at www.congressionalclerkship.com/p/ did litigation, and I was shocked to discover that’s not the student-petition_10.html.] “We’re trying to get students and case,” Rudesill recalls. “You can take courses in legislation recent graduates excited about the program; we’ve been and statutory interpretation at Yale Law School — and I did, reaching out to clinics at other schools and trying to get the and it was terrific — but what I realized was that in legal Georgetown Law population excited about it in a number of academe generally, legislation is taught from the perspective ways,” says Entelis. of a judge or a judicial law clerk.” One of the projects in the works is to generate a letter of Rudesill also noticed in law school that while students support for the program among hiring partners at large law were intensely focused on landing judicial clerkships — and firms, making the case that a congressional clerkship would prestigious apprenticeship opportunities with law firms, in be valuable for lawyers desiring to go into private practice as law schools and in the executive branch — there was no well. They’ve considered the text of the bill, in case there’s a interest as far as he could tell in working for the primary need to revisit it sometime down the road. And they’ve con- author of federal law, the U.S. Congress. sulted with their clients — in this case, Georgetown Law “I was disturbed by this, and I couldn’t figure it out at Professor Robin West and Stanford Law Dean Larry Kramer, first; my first conclusion was, well, the legal profession, and who along with Rudesill have been advocating for congres- especially legal academe, are disfavoring Congress, disfavor- sional clerkships for years. ing legislation,” Rudesill says. “The students are performing the roles of the legislative The more he thought about it, however, the more he lawyer working with a client, which means they talk with concluded that this relative lack of demand for legislative the client to get a sense of what the client’s goals and objec- experience actually flows from a supply problem. “These tives are; they analyze the legislative context, the political four other legal institutions have apprenticeship opportuni- context, the budgetary context, and on that basis they advise ties that are well known, they hire on an annual fall cycle

44 SPRING/SUMMER 2012 • GEORGETOWN LAW and it’s a well established process,” he says. “In contrast, Congress doesn’t have anything like that … that law graduates can compete for.” Researching the issue as a law student in 2005–2006, Rudesill learned that Kramer had already sent a letter to Congress on behalf of 145 law school deans advocating for a clerkship program in Congress. West had also called for such a program in her scholarship. By 2008, Rudesill was working with Kramer to pass legislation creating congressional clerkships, introduced by Representatives Lofgren and Lungren in the House and by Sen. Schumer and then Sen. Hillary Rodham Clinton, D-N.Y., in the Senate. Rudesill also penned an article in the Washington University Law Review in November 2008 setting out a full case for congressional clerkships. Only 14 percent of federal appellate judges and 5 percent of professors at the nation’s top 20 law schools, his empirical analysis showed, have ever worked for a legislature. Regarding the judges’ prior work, “nine in 10 have private practice experience, eight in 10 judicial, seven in 10 executive,” and half have taught, he found. The comparative shortfall in legislative experience on top law faculties is even larger. Rudesill would further this research in a second article in 2010, demonstrating that among the legal profession’s top 500 lawyers (as ranked by Lawdragon. com), less than 4 percent had legislative experience. And not one of the nation’s “top 500” works as a member of a legislature or as counsel to a legislative staff. “I think that the bottom line is that all players in the law stand to benefit from legislative clerkships over the long run,” Rudesill says. “It’s best for lawyers to learn by doing, and I think that Congress will benefit as well over time from having top flight legal talent — because it’s going to be helpful to them in the process of writing legislation.”

Much more to do

In 2009, when Rudesill was working on President Barack Obama’s presidential transition team, an e-mail showed up in his inbox from Professor West, who had read his Emily Fuller first article “Keepers of the U.S. Code: The Case for a Congressional Clerkship Program.” West invited him to come to the Law Center to talk to her and to Professor Chai Feldblum, then directing the Federal Legislation and Administrative Clinic, about the idea of clerkships in Congress. The three of them decided there was much more they could do, and when Feldblum

SPRING/SUMMER 2012 • GEORGETOWN LAW 45 was appointed by President Obama to a place on the Equal Stanford Law School to further the cause for congressional Employment Opportunity Commission, Rudesill — who by clerkships. “My expectation is that these two positions will then was serving in the Office of the Director of National validate the congressional clerkship concept and pave the Intelligence — came to Georgetown to serve as the clinic’s way for the enactment of the Lofgren Lungren Schumer bill interim director. Getting the clerkship legislation passed has and its federally funded program,” Treanor said at the time. now become one of the main projects of the clinic. Representatives Lofgren and Lungren were on hand to One of the first students to work with Rudesill on the talk about the legislation, reintroduced that morning in the legislation in the fall of 2010 was Boroughs, who was seek- 112th Congress. “When Dan and I promoted this bill on the ing out “anything and everything” he could get his hands on House floor, one of the things that we mentioned was how that was legislatively related. Having entered Georgetown the judicial branch interprets legislative history,” Lofgren Law three years earlier to pursue a joint degree in law and said at the event. “Increasingly, they just dismiss it … that public policy, Boroughs had joined the Young Invincibles, seems to me just profoundly wrong.” a nonprofit founded by Law Center students in 2009 to Lungren noted that it’s critical to look for ways to represent the interests of young adults in the national health enhance the public perception of the legislative branch, to care discussion. have people understand and appreciate it. “If in law school As a clinic student, he was tasked with helping to get the you are taught that one of the best things you can do upon national clerkship legislation through Congress, the same graduating is to become a clerk in the judicial system, you job that Entelis and Farrar would have a year later. “One of might have a tendency to believe that the judicial system is the things I really liked about the clinic was the mock staffer superior to the legislative system and the executive,” he said. meeting, where you are posing as an interested party in “We promote a clerkship program in the courts with pride…. some legislation and you are trying to advocate that position Maybe by having a similar path in the legislative branch, we to a senator or congressman,” Boroughs says. “I posed as might be able to increase the understanding, appreciation someone interested in a legislative clerkship from Tennes- and respect for that legislative branch.” see — which I was — and I got some mock staffers to act West remarked at the conference that there has been a as Sen. Lamar Alexander’s staffers. I did the mock staffer’s notable absence of a legislative perspective within the legal meeting, and then a few days later did the meeting for real.” academy since the very beginning of law schools in this Fuller, meanwhile, had already graduated from George- country. “Our pedagogy, our jurisprudence, certainly our town Law and was spending a year doing two clerkships, constitutional thinking and perhaps our legal culture as well one for the Ohio governor’s office and one for the Office of are all juriscentric,” she observed. “A legislative clerkship the U.S. Attorney. “That led me to thinking I really wanted program of course won’t turn all that around on a dime … to focus more on public service work, lawyering and a mix but it would turn it ever so slightly.” of policy,” she says. “I wanted to come back to D.C., really This century-long, or longer, judicial point of reference wanted to get onto the Hill, but it seems so hard to find a in law is deeply problematic, she said, because it frames way in sometimes.” what legislators do as an unwelcome intrusion into the wisdom of the judiciary. “The juriscentric perspective in Finding a way American law schools has focused our attention collectively for 100 years now like a laser on the ways in which the The opportunity came when Fuller and Boroughs learned Constitution limits, constrains, confines and checks the po- that Georgetown Law would be funding two congressional litical animal within us,” West said, adding that we have not clerkship positions, separate from any authorized by focused on the ways in which the Constitution empowers, Congress. The announcement came from Dean Treanor guides and even mandates us to act legislatively. at the start of an April 5, 2011, conference co-hosted with The result, as Rudesill has written, is that the profes-

46 SPRING/SUMMER 2012 • GEORGETOWN LAW sion’s best law graduates do not generally see legislative work as either law practice or training for law practice — and get little encouragement to pursue it. With the passage of the legislation, and the help of the Georgetown program, these attitudes may begin to change. Treanor applauded West for envisioning, years ago, the importance of sending top law graduates to work on Capitol Hill and also hailed Kramer for his efforts to create a clerkship program in Congress. “I believe in experiential learning, and I see that legislative clerkships in Congress and elsewhere are profoundly important,” Treanor said.

Positive response

Boroughs and Fuller applied to the Georgetown Congres- sional Law Clerk Fellowship Program almost immediately after the conference. Like the federal congressional clerkship effort, Georgetown’s is bipartisan. So while candidates were not required to have an existing partisan affiliation, they did have to be willing to work in a Demo- cratic office, a Republican office or either. The pair were chosen from among more than 70 well- qualified Georgetown Law applicants — a tough decision from a committee consisting of Rudesill, Professors Naomi Mezey and Viet Dinh. Then came the question of where they would work. “I was able to go up to the Hill and say to them, we can give you a top-flight Georgetown Law graduate for a year for free. Would you be interested in that?” Rudesill says. “We got a lot of positive responses.” Boroughs, then a 3L, was already doing an externship (through Georgetown Law’s externship program) with the Senate Health, Education, Labor and Pensions Committee — the same office, in fact, where he now works as a legislative fellow. While his work then was less sophisticated, he got some good assignments and chose to continue with the same committee for his clerkship. Fuller interviewed with two different committees before choosing the international trade team of the Senate Committee on Finance. “It touches on so many different aspects of our economy,” she says, noting that when you’re having meetings with someone from a trade association lobbying on behalf of wine, for example, you Bryan Boroughs learn that international trade affects the whole industry. “The tariffs that are put on wine, what terminologies you

SPRING/SUMMER 2012 • GEORGETOWN LAW 47 can use for your wine that aren’t restricted by location, the Senate Majority Leader Harry Reid, D-Nev. Leahy, a George- intellectual property behind it, that’s all international trade.” town Law alum, supports the bill and has agreed to serve as a Rudesill says it’s important that the Georgetown fellow- co-sponsor, they say, and the students continue to seek other ship — and the congressional clerkship program, if enacted co-sponsors and sponsors. — be much more than a glorified internship, that it encom- One criticism that has been raised over the years is that pass substantive legal legislative work. The fellowship lasts having lawyers in Congress will politicize the legal profes- a year, like most judicial clerkships, so the clerks get to see sion, a theory that, for Rudesill, just doesn’t hold up. “If you how Congress really works: the federal budget, including the were to accept that, then you’d have to accept that we should budget proposal and resolution process; the authorization not be sending lawyers to work for top officials in the execu- and appropriations process; and how a bill moves through tive branch … and we should particularly not be sending our Congress. “You need a year to get a sense of the full legisla- best lawyers to work in the White House,” he says. “That tive process,” he says. politics argument misses the bigger point: legislative process is legal process. Legislative clerkships over time will improve The challenge knowledge of the statutes that are the bread and butter of legal practice and scholarship.” Both the graduates who go to work every day on Capitol Hill The biggest hurdle so far, though, has been the cost. and the law students working in the clinic say that opportu- The price tag for 12 law clerks is one million dollars per year nities like these are the reason why people choose to go to — not expensive, in terms of a multi-trillion-dollar federal law school at Georgetown. “We have access to the federal budget, Rudesill asserts. “Someone might say, let’s not pur- government in a way that no other law school has, and this sue this right now, and my response to that is that you need clinic and the program by extension are such a meaningful to maintain your work on a legislative idea or a bill over many way to take advantage of that access,” Farrar says. And in years and over many Congresses,” he explains, noting that fact, Fuller illustrated the connection between campus and if you decide to wait for the perfect conditions, if and when Capitol Hill when she came to the Law Center in November the perfect conditions arise, you may not have the coalition to play the role of a staffer, listening to Entelis’ moot pitch for in place that you need to pass the bill. “Even when it seems a congressional clerkship bill. like the prevailing winds are blowing in your face legislatively, “I asked all the questions, I asked about the cost, and you’ve got to find ways to keep the momentum going with it why should we do this now when we are trying to cut back — and that’s what we are trying to do.” on the budget, why is there a need for this kind of law fellow,” Fuller says. “It was interesting because I’d been sitting in meetings all week on the Hill, so I was taking that experience and using that for the exercise.” In a busy second week of December, Farrar and Entelis were heading to the Hill to meet with staff for Sen. Tom Udall, D-N.M., a member of the Senate Rules and Ad- ministration Committee; Sen. Patrick Leahy, D-Vt. (L’64), chairman of the Senate Committee on the Judiciary; and Sen. Jerry Moran, R-Kan., who previously voted for the bill as a member of the House of Representatives in 2009. They also pitched the bill to the deputy chief of staff for policy to

48 SPRING/SUMMER 2012 • GEORGETOWN LAW During the 2010-2011 hiring term alone, at least 86 George- town University Law Center applicants received an offer to clerk for a judge at the federal or state level for the following ALUMS IN CONGRESS year. That is more than a 35-percent increase over the previous year, according to Emily L. Berning, assistant director of Sen. Patrick Leahy (L’64), D-Vt., judicial clerkships. There are a number of factors contributing Rep. Dan Lungren (L’71), R-Calif., to the increase; clerkship hiring is very relationship based, Ber- and Rep. John Dingell (C’49, L’52), ning says, and more faculty members and alumni are helping D-Mich., aren’t the only Hoya Law- to connect judges with outstanding candidates. yers in Congress. Also serving are: “It’s a great experience … the broad range of different kinds of In the House of Representatives: cases and lawyering styles that clerks get to see,” says Bern- David Cicilline (L’86), D-R.I. ing, noting that clerks also tend to develop wonderful mentoring relationships with their judges. “It’s also an opportunity for a Hansen Clarke (L’87), D-Mich. special form of public service; you are contributing to the work Mazie Hirono (L’78), D-Hi. of the judiciary and applying your legal education in a practical Steny Hoyer (L’66), D-Md. context, to contribute to the work of chambers.” Chris Van Hollen (L’90), D-Md. Pete Visclosky (LL.M.’82), D-Ind. While the number of opportunities for legislative law clerks Frank Wolf (L’65), R-Va. in Congress — through the Georgetown Law fellowship or through the 12 potential law clerk slots established by the new In the Senate: legislation — would be far fewer than the number of opportuni- Richard Durbin (F’66, L’69), D-Ill. ties for judicial clerks, it is a step in the right direction. Mark Kirk (L’92), R-Ill. “Once the legislation is enacted, it would be open to all Jim Webb (L’75), D-Va. students, and it would be a pilot program,” says Luke Entelis (L’12). “The goal would be a larger program, obviously.”

There are many ways that alumni who have clerked for a judge can serve as a resource to students or graduates, even if it’s filling out an anonymous survey on the Web about their experience. If you would like to help out, please contact the Office of Career Services at 202-662-9300. The survey is available at www.law.georgetown.edu/forms/form.cfm?FormID=571

SPRING/SUMMER 2012 • GEORGETOWN LAW 49

FACULTY ARTICLE

THE INTERNATIONAL BY FUTURE CHRIS OF FINANCIAL LAW BRUMMER

Professor Chris Brummer’s new book Soft Law and the Global Financial

System: Rule Making in the 21st Century (Cambridge, 2012) explains how inter-

national financial law works and presents an alternative theory for understanding

its purpose, operation and limitations. We excerpt a section of the book’s last chapter

beginning on page 53. To put the chapter in context, Brummer talked to Georgetown Law

about how international financial law differs from other international law — and what

got him interested in the topic in the first place. You can read the interview on page 52.

ILLUSTRATION BY ADAM NIKLEWICZ / ILLUSTRATION SOURCE STOCK ILLUSTRATION Cambridge University Press.

SPRING/SUMMER 2012 • GEORGETOWN LAW 51 treaties to reach agreements. In the world of international financial regulation, you see much greater use of best practices, cooperation arrangements in enforcements and various codes of conduct. It’s important to note that none of these tools constitutes international “law” as we have traditionally understood it. Instead, we generally refer to them as “soft law” that confer no international obligations on the part of states.

GL: What did you learn from writing the book?

CB: When you do a close analysis of the evolving international regulatory architecture you learn that traditional categories like international “obligation” fail to fully capture what goes on at the international level when financial regulations are coordinated. Instruments that carry no formal sense of international law may, in short, still comprise very solemn commitments. Moreover, they can be backed with a range of market disciplines and regulatory penalties that make them “harder” than many formal agreements. As informal arrangements, soft law instruments are very effective and Q&A useful in responding to emerging crises and quickly evolving capital markets. But they also GEORGETOWN LAW: Thanks for talking with us today, Professor pose considerable challenges for democracy, Brummer. Your book seems quite timely. Can you tell us what especially to the extent treaty ratification is being superseded it’s about? by administrative processes. The excerpt that I provided to you is a general roundup of observations in light of a much more CHRIS BRUMMER: Well, when writing the book I had two detailed analysis of the overall global system that I undertake objectives. First, I wanted to provide a description of how in preceding chapters. international financial law works. So this was a pretty de- scriptive job — going through the various institutions that GL: How did you get hooked on the topic? You were a deal make up the international financial architecture, like the lawyer, from what I heard. Weren’t you on the other side of G-20, the Basel Committee, the International Organization the table in terms of international financial regulations? of Securities Commissions (IOSCO) and others — and lay- ing out in pretty straightforward terms how they relate to one CB: Absolutely. I was a lawyer at Cravath in both the firm’s another. The world has changed since 2008, not only here in London and New York offices and would periodically come the United States but also from a global standpoint. I wanted across various rules and regulations coming from some of to explain why in simple terms for readers and experts alike. these international bodies like the International Account- Then there was the theoretical task — trying to explain why ing Standards Board (IASB), IOSCO and of course the EU. informal obligations and commitments are used to com- Then in 2008, I worked in the Securities and Exchange municate obligations among regulators involved in financial Commission’s office of international affairs as an academic regulatory diplomacy. fellow, which really pushed me deeper into the area, particularly as I observed the agency’s attempts to respond to the GL: Is this unusual? crises through various mediums of financial diplomacy.

CB: Very. When you look at other areas of international eco- GL: One year can shape a lifetime, I guess? nomic law, you can at least see attempts to hew to formal international organizations that rely on traditional tools like CB: Well, at least a book, to be sure!

52 SPRING/SUMMER 2012 • GEORGETOWN LAW FACULTY ARTICLE

THE 2008 FINANCIAL CRISIS SERVES AS A REMINDER FOR BOTH POLICY- “National regulators makers and the public of the fragility of the global financial system. It also unveiled with tragic clarity that the national and international regulations in place prior to the crisis to ensure global financial will almost always be the stability were far from adequate. In this book, we have examined the new institutional arrangements, standards, codes, and reports first responders in times of created to meet the challenges of global finance. We have also seen, however, the persistence of important gaps, sluggish and nation- ally oriented problem solving, and the high costs of regulatory error economic crisis; international when international rules are flawed. The impracticality of a world financial organization, combined responses, even when the with the decidedly decentralized nature of international financial standard-setting, highlights the lasting importance of national regulatory supervision in global regulatory affairs, even in an age global economy is at risk, of transnational markets and market participants. National regulators will almost always be the first responders in times of economic may not be swift enough...” crisis; international responses, even when the global economy is at risk, may not be swift enough to address the challenges posed by constantly evolving financial markets and cross-border capital movements. Proposals formulated by international organizations reflect the result of heterogeneous, and at times complex, institutional processes, often need to be vetted by local administrative and political actors, and, for implementation, require coordination among many stakeholders — all of which have the effect of delaying the actual response. In the resulting legislative vacuum, national regulators are usually the first line of defense against financial instability. In the 2008 financial crisis, for example, national regulators adopted a variety of important initial responses — including bailing out financial institutions, imposing controls on executive compensation for firms aided by the government, enacting bans on short selling, and relax- ing fair value accounting obligations. Even when global rules are promulgated by robust and recognized international institutions, national regulators may still operate as gap fillers insofar as the international rules are vague or incomplete. Many international regulatory principles are too broad, reflecting political impracticalities, failures in design, or the lack of consensus on the matter in question. International standards can thus be vague about the interpretation or application of key provi- sions. In such instances, national regulators will be required to provide meaning and direction for unclear terms, principles, or approaches. In particular, when international regulatory standards fail to sufficiently control systemically risky actors and behavior, national regulators will have to step into the breach and provide prudential oversight. The ability of any particular regulator to serve as a gap filler, however — either by itself or in coordination with other like- minded regulators — will depend on many factors, perhaps most importantly on market size. As we saw in Chapter 1, all else being equal, the larger the market a regulator oversees, the greater the

SPRING/SUMMER 2012 • GEORGETOWN LAW 53 FACULTY ARTICLE

“Significant tactical reach of that regulator beyond its borders, even when it regulates international actors on a territorial basis. Finally, national regulators, even in today’s world of increasingly advantages will benefit important cross-border regulatory activities, are the ones ultimately responsible for implementing rules. Implementation involves, of national regulators most course, putting the laws down on one’s books, as well as potentially supervising and enforcing the rules (and the objectives of the rules) in one’s market. Supervision, at best, is by proxy because interna- inclined and able to cooperate tional financial law has political limits, meaning that regulators continue to have the ultimate say in how norms are implemented on with other countries and the ground.

with international bodies in SUCCEEDING IN A WORLD OF SOFT FINANCIAL LAW All of these issues point to the increasing importance of strategy in financial regulatory affairs.” international regulatory affairs. As increasing numbers of countries come to enjoy large or significant capital markets, the comparative advantages of any one regulator with regard to the promotion of its regulatory preferences derive not only from the size of the markets it regulates, but also from the practice of sound financial statecraft. Several tactics and approaches will be key to succeeding in the world of informal legal obligations and agreements among regulatory authorities.

“FIRST IN TIME” COOPERATION As a matter of first-order principles, international power “works best against problems before, rather than after, they mature.” That said, international regulatory financial cooperation is most likely to arise when, as David Singer has noted, financial shocks generate such financial instability that regulators (and political elites) are incentivized, if not forced, to intervene in market activity and to do so collectively. Yet as financial globalization moves apace, the increasingly dispersed power and interests of countries create negotiation costs, and the likelihood of cooperation is further complicated by each country’s perception of the effect that any prospective or proposed interventions will have on its own domestic firms or economy. More- over, because unilateral interventions by national regulators almost invariably create new compliance costs for firms, those regulators have long refrained from regulating firms prospectively. The upshot is that action on both international and national levels typically lags significantly behind need. That said, significant tactical advantages will benefit national regulators most inclined and able to cooperate with other countries and with international bodies in financial regulatory affairs. As highlighted in Chapter 1, rules are equalizers that promote efficiency not only in a regulatory sense but also between actors. Rules and standards exhibit potential network externalities. As more and more firms and market participants adopt a particular standard, the more

54 SPRING/SUMMER 2012 • GEORGETOWN LAW FACULTY ARTICLE

attractive that standard may become, since economies of arise, financial authorities seeking to promote resilient global scale reinforce its desirability. Thus, once sufficient numbers standards in line with their own national interests should of countries adopt a particular disclosure format or financial claim the initiative and seek out opportunities to strategically reporting approach, leading that approach to become domi- develop and leverage common standards throughout the in- nant among market participants, other approaches are at a ternational regulatory community. competitive disadvantage — in terms not only of cost but also ease of use. Put more concretely, once a critical mass of investors adopts a particular method for recognizing losses MASTERING THE ART OF PERSUASION on a balance sheet or measuring tier-one capital and be- In order to exert influence and achieve their strategic objec- comes more familiar with it, users of other standards will be tives in peer-to-peer regulatory environments, participants inclined to do the same and switch. Notably, this dynamic need to rely on the art of persuasion. Brash exertions of may occur even when various standards may solve a particu- national interest are insufficient modes of rule making in a lar problem with equal effectiveness. world of more diffuse threats and power. Instead, as Joshua Additionally, rules generated by organizations tend to Cohen and Charles Sabel have illustrated in some of their exhibit staying power even when organizational membership work on transnational experimentalism, rule making and changes. When a regulator joins an established interna- cross-border coordination are likely to be most successful tional organization, that regulator will not usually be in a when regulators provide compelling rationales for their posi- position to change the substantive content of the legislation tions that are understood by foreign counterparts and the that the organization has already passed unless external market participants to whom the rules would apply. That events or circumstances alter the preferences of incumbent said, because national interest always undergirds interna- members. Supermajoritarian decision rules and consensus tional cooperation to some extent, regulators generally have can inhibit regulatory change by even powerful newcomers. to be convinced that their local market participants stand to Thus, once international standard-setting bodies are estab- benefit from a particular legislative initiative or that they will lished, they exhibit a staying power of their own as coordi- at least not lose disproportionately when compared to oth- nating mechanisms. ers. International agencies consequently need increasingly to Regulators should consequently be prepared to cooper- identify overlapping regulatory interests upon which to base ate and to engage relevant regulatory partners quickly. For rule making. Senior regulatory officials from developed and regulators of both small and large capital markets, such con- developing countries alike should be sent abroad to learn duct is in some ways counterintuitive. As we have discussed, about foreign regulatory traditions and market conditions. some regulators of large markets have been able to export Where standards are roughly crafted (or opposed) to protect their policy preferences through domestic rule making. any one country’s market participants, those standards will Meanwhile, smaller countries, especially those that partici- encounter both greater skepticism and a smaller chance pate in international standard-setting organizations, have of global adoption. Although previous unilateral models of at times been incentivized to hold out on agreement, espe- financial sovereignty emphasized the separateness of regula- cially when high levels of agreement are required in order tory — and, specifically, territorial — authority, globalization to obtain regulatory concessions and international standards creates new needs. Collective interests must be affirmed in more in line with their own policy preferences. Yet as we the service of a now global public good: financial stability. have seen, disengagement, too, can be risky. Regulators that In exerting the soft power of persuasion, any divergence first enter into cooperative alliances may be able to develop from established, sound policies needs to be justified or min- loose terms of membership, but as such alliances grow, or imized. Indeed, proposed regulatory initiatives propagated by as members themselves achieve larger market share, the al- any regulator should be linked to widely accepted principles, liances may transform into clubs and impose membership reports, or standards promulgated by standard setters in standards in ways that raise the cost of entry for future par- the relevant sector or in functionally similar contexts. Since ties seeking to join. Moreover, early participants in coordina- the “probability that an institutional change will succeed tion efforts and clubs can affect the process by which rules depends in part on its consistency with the wider order,” ac- are considered as well as the choice and membership of cording to Stephen G. Brooks and William C. Wohlforth in national regulators, bureaucracies, or institutions to address “Shaping the World Order: How Washington Should Reform particular issues. Accordingly, as new issues and challenges International Institutions” (Foreign Affairs, March-April

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2009), it is important, in support of such a change, to “per- LEVERAGING TRANSPARENCY suade others of the reform’s strong links to well-established My colleague Dan Tarullo once noted that the more time precedents.” Advocates of serious reform would also be wise that passes from the crisis, the higher the incentives of some to make sure that their policies do not contradict their own countries to acknowledge international standards while long-standing pronouncements regarding best practices, un- implementing their own potentially divergent policies at less they have rethought their positions. home. Indeed, such risks will be especially high in the face For purposes of persuasion, it is also important for na- of deteriorating economic and financial conditions that make tional policies to be consonant with one another and for a limits on the ability of banks to provide credit — whatever country’s different regulatory bodies to speak with a unified their merits — less appealing. Transparency will, as a result, voice — which is not always the case. For example, although be an increasingly important instrument for improving and the United States eventually adopted a unified stance on sustaining the efficacy of international financial law. Tradi- International Financial Reporting Standards reforms, in the tionally, transparency has been associated with governmental initial stages of the 2008 financial crisis, the Federal Reserve reputation and the costs that backtracking has on a govern- and SEC differed in important ways with regard to fair value ment’s ability to secure cooperation with counterparts in the accounting. Underlying that difference was the difference in future. But as we saw in Chapter 3, transparency can also their respective mandates. As a central bank the Federal Re- make possible other kinds of disciplines and can be equally serve was largely concerned about financial stability, which effective and, indeed, more significant when embedded in could be undermined by mark-to-market accounting since it particular institutional or market contexts. The prospect of could expose a bank’s weaknesses or undermine its balance higher costs of capital for domestic firms, or of exclusion sheet, whereas the SEC was focused on investor protection from standard-setting forums, can incentivize financial au- and thus especially concerned about transparency. And just thorities to raise standards. Likewise, when there is transpar- as a middle course was eventually mediated internationally, ency and public information regarding the rules under which so was a series of discussions and negotiations launched do- market participants operate, they may themselves adopt bet- mestically between officials in the Treasury Department and ter disclosure practices, risk-management procedures, and bank and securities regulators. capital-retention programs, even when their home regulators Unified positions can be difficult for countries to develop may not formally require them. because regulatory agencies both regulate and represent dif- This is not to say that it is always preferable for interna- ferent market actors that often have divergent interests with tional standard-setting organizations to produce ever greater regard to rules with implications that cut across financial volumes of information regarding compliance. There may sectors. For example, the U.S. Federal Deposit Insurance be limits as to just how effective such approaches are if Corporation, which is usually responsible for winding down they become too commonplace or pervasive. If, for example, large institutions and even insuring deposits, may be more each standard-setter not only begins to produce increasingly interested in a larger, global list of systemically important large volumes of standards, but also monitors compliance financial institutions than that of the U.S. Federal Reserve. with each new standard with greater levels of intensity, Unlike the Fed, the FDIC is an insurer of deposits and market participants and regulatory authorities may become ultimately pays out when institutions fail. It is thus more overwhelmed and incapable of processing (or unwilling to incentivized to seek out arrangements that cast the widest process, given the time and costs associated) the information net possible in covering risky institutions. In the absence of received from proliferating monitors. In such instances, oth- a consolidated financial regulatory authority, even domestic erwise solicitous users of regulatory surveillance information agencies may place varying degrees of emphasis on certain may fall back on other potentially less credible sources of issues or prioritize differing objectives or tools. Interagency information concerning the legal and regulatory environment coordination may, as a result, be necessary on a local (na- in which actors transact. As a result, international standard- tional) level as a predicate to international, cross-border co- setters would be wise to be judicious as to just how many operation. And it is here, in particular, that elected officials standards the international regulatory community as a whole can facilitate international effectiveness by choosing and produces, and for whom. prioritizing policies for diverse constituents and economic That said, this book has shown that under the right stakeholders. circumstances, informal legal obligations — or “soft law” — can be wielded in ways that evoke hard power, and ef-

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forts to make it more effective need not involve formal treaties, “Under the right circumstances, supranational regulators, or international organizations. Reforms of international surveillance and monitoring in the wake of the crisis help illustrate the point. In improving the effectiveness of the World informal legal obligations — or Bank and International Monetary Fund, no formal changes to the IMF Articles of Agreement were made, and no new global treaty ‘soft law’ — can be wielded in was enacted. Instead, less dramatic changes have been introduced in the international system to increase the compliance pull of international rules and standards. Members of the Financial Stability ways that evoke hard power, and Board (FSB) have committed to the Financial Stability Assessment Program, and the IMF has made Financial Sector Assessment Pro- efforts to make it more effective gram reports mandatory for G-20 and other strategically important countries, and has done so without enacting new international rules. Individual standard-setting bodies — from the Financial need not involve formal treaties, Action Task Force to the International Organization of Securities Commissions and the FSB — are also increasingly involved in peer supranational regulators, or reviews, and the results of surveillance are increasingly published. Membership sanctions are at least implied, if not overtly applied, in many organizations — and all without resorting to the tedious and international organizations.” likely unachievable process of formal supranational legislation. My point is not, however, to give a full-throated endorsement to the current international architecture, which, as we have already seen, still suffers considerable gaps. And to be sure, further innovation is still possible without supranational legislation. Financial Sector Assessment Program reports, in particular, could be better organized and be presented in ways more user-friendly for market participants. For the most part, information is disseminated in either very broad terms in financial sector assessments or in detailed, verbose observance reports. For market participants, a better approach would be to model assessments on investment prospectuses. In every annual assessment, an executive summary, for example, could be included, along with a general rating or scale of country compliance with especially important standards. Then, in addition to the executive summary, an in-depth explanation could be provided to explain the process of data-gathering and the regulatory measures taken by the government in question. Finally, toward the end of the report, national regulators should be given the opportunity to contest the score that they earned or the merits of the international standard at issue, or to explain their reasons for not fully implementing that particular standard. Transparency can, of course, be used as a means by which official pressures can be legitimized alongside other institutional and organizational sanctions, assuming sufficient political will and consensus are available to do so. More important, however, is that market participants can themselves enjoy the best material information possible concerning the products and institutions in which they are investing and transacting. Transparency does not by itself have to act as a means of vulgar governmental coercion, at least not in the way

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“In the wake of both as commonly understood by international relations theorists. Even when operating on principles of voluntariness, transparency can still be effective in making actors internalize the costs of their deci- financial globalization sion making. Investors can evaluate the strengths and weaknesses of regimes, and reward market participants on the basis of the rules and the 2008 financial crisis, by which they operate and to which they are subject. In that way, regulatory expectations and practices can reflect and inform behavior (even where there is a diversity of preferences) and can open a space such ‘do what I say, not what for learning, information sharing among stakeholders, and possibly multiple regulatory solutions for common problems. I do’ policy contradictions LEADING BY EXAMPLE complicate and undermine In a world of soft law, leading by example is critical. Like globalization, this phenomenon is a relatively new one. Immediately follow- a country’s financial ing the Asian financial crisis, financial market risk and poor regulatory supervision were largely seen as problems of unsophisticated, developing countries, and not of wealthier ones. Major countries statecraft.” did not feel compelled to comply with all of the rules that they promulgated, much less to participate in international monitoring processes. Instead, rules were produced for the consumption of countries transitioning to, or striving for, a more vigorous level of development. In the wake of both financial globalization and the 2008 financial crisis, such “do what I say, not what I do” policy contradictions complicate and undermine a country’s financial statecraft. Pushing for reform at the global level is uphill work if a national regulator itself is unwilling to fully implement the standards in its home market. Unilateralism may be excused when a country acts independently to demonstrate the benefits of its regulatory strategy. But if a national regulator consistently engages in regulatory forbearance and ignores underperforming or systemically risky firms that do not meet international standards, its actions could lose credibility and effectiveness. This particular issue returns us to the concept of reputation — and the underlying question of whether a national regulator follows through with its commitments. If a regulator commits to international standards and then ignores them, it can gain a reputation for untrustworthiness and empty promises. By contrast, abiding by international standards — and under the right circumstances, switching to even higher standards than the international norm — can enhance a regulator’s reputation for sound supervision. Regula- tors again gain in credibility when they urge others to follow their example and switch to higher standards, or when they impose domestic measures with extraterritorial reach. Furthermore, leading by example can reduce the risks for other jurisdictions and increase the likelihood of that standard gaining international prominence. Many countries will not follow a regulatory policy unless they can deter-

58 SPRING/SUMMER 2012 • GEORGETOWN LAW FACULTY ARTICLE

mine that it works or is not overly burdensome. They look trade and foreign investment took an especially tough hit, to other jurisdictions that have the proposed rule in place to while ... those less dependent on cross-border financial flows identify the associated costs and the benefits. Leadership by weathered the storm with fewer lasting problems.” example can provide useful information for straggler agen- To be sure, other countries and jurisdictions face similar cies seeking to better understand the ramifications of adopt- reputational challenges. Europe’s own banks were bailed out ing a particular regulatory approach. alongside those in the United States, showing deep lapses in EU oversight regarding their exposure to U.S. mortgage- related securities. And although Asia as a whole generally TAKING LEGITIMACY SERIOUSLY fared well in the crisis, East Asia’s reputation for financial Finally, legitimacy is important. It is often impossible to regulation remains in many ways suspect due to the super- bring together every stakeholder for every decision of global visory failures that made possible the East Asian crisis in import, and outsiders to decision-making processes will gen- the 1990s. Similarly, various countries ranging from Mexico erally (and rightly) criticize the shortcomings of the interna- south through Central and South America have had their tional regulatory system as it exists. Thus, in order to maxi- own series of crises that have undermined their reputations mize the compliance pull of standards, it remains critical for strong regulatory management and supervision. that agenda- and standard-setters enjoy widespread recogni- With the international system so unsettled and long- tion as the most legitimate representatives of the regulatory standing reputations in disarray, no particular regulatory community. This practical objective suggests a rethinking of model holds clear sway in the immediate post-crisis envi- membership models and participatory structures in key in- ronment. The situation is unlikely to change anytime soon; ternational institutions. reputations for competence will be built incrementally over Meanwhile, for countries vying for leadership, it is im- time. This will particularly be the case over the next decade portant for them, too, to realize regulatory and policy suc- as national regulators, like market participants, give more cesses that inspire other countries to adopt their approaches. careful attention to issues not only of market and credit For nearly two generations, the United States had an unpar- risk, but also of regulatory risk. Reputations for governance alleled reputation for sound regulatory oversight and supervi- and stability will be strengthened or compromised based on sion, and thus its legislation enjoyed unprecedented “output” the successes and failures of regulatory models at both the legitimacy. To be sure, it had its failures — the S&L crisis national and international levels. It is thus important for na- of the 1980s, the Enron and WorldCom frauds, and the tional regulators to adopt strategies that are advantageous to hedge fund Long-Term Capital Management case (perhaps domestic market participants but that also achieve the larger the most notable prior to the 2008 crisis) — but the overall goal of overall regulatory effectiveness. Regulatory failures at strength, growth, and stability of U.S. financial markets home erode national reputations for policy competence. largely overshadowed these episodic shortcomings. The global financial crisis has largely undermined this reputational capital, however — and not only because the crisis occurred, but also because it was an enormous failure of oversight on many dimensions. Both globally and domestically, the Unit- ed States failed to regulate or to help regulate a slew of important financial institutions and financial instruments, and ceded its supervisory responsibilities to market participants that were themselves critical of the need for supervision. In the wake of the 2008 crisis, the Anglo-American model of financial regulation has been discredited in various respects. As Ian Bremmer succinctly notes, “American-style free-market capitalism and the idea of globalization have taken plenty of blame for the meltdown.” The crisis started in the United States and was enabled, perhaps above all else, by poor regulatory oversight. Meanwhile, countries that adopted U.S.-style regulations and that had “opened themselves to

SPRING/SUMMER 2012 • GEORGETOWN LAW 59 ALUMNI

Hugh M. Stanley Jr. was included in panel of distinguished neutrals for 1961 1965 Best Lawyers in America in the area of Washington, D.C., commercial commercial litigation. He is a partner and cross-border disputes. Bender The Florida Supreme Court has Joseph P. Flynn retired as chief in the Cleveland office of Tucker Ellis also teaches alternative dispute certifiedMartin G. Holleran judge of the Connecticut Appellate & West. resolution law at American University (C’58) as an appellate mediator. He Court in 2010. He is now a judge ref- Washington College of Law. mediates appellate matters filed with eree who sits on the appellate court the 4th District Court of Appeal, by designation. He lives in Ansonia, Karen Czapanskiy a jurisdiction that includes Palm Conn. 1970 was awarded the Beach, Martin, St. Lucie, Indian Alan H. Goodman has joined the Francis & Harriet River and Okeechobee counties. He Erwin G. New Orleans office of Breazeale, Inglehart Research is associated with Mediation Inc., Krasnow (LL.M.) Sachse & Wilson as a partner. He Chair by the which has offices in Fort Lauderdale, of Garvey practices in the areas of bankruptcy, University of West Palm Beach and Stuart, Fla., Schubert Barer business litigation of all types and Maryland Carey and he will continue his practice as a has been included transactional matters. School of Law. certified circuit mediator in the 15th, in the 2011 Guide Her research is about the many ways 17th, 18th and 19th Circuit Courts. to the World’s M. Dean Jenkins has been named in which the law overlooks the needs Leading Media a 2012 Maryland Super Lawyer for of families raising disabled and Lawyers, published annually by Legal the fifth consecutive year in criminal chronically ill children. She teaches Media Group, a unit of Euromoney defense. He was inducted into the family law, property and a seminar on 1963 Institutional Investor. Krasnow has American College of Trial Lawyers families raising disabled and Robert L. Parks appeared in the guide for two in 1999. chronically ill children, and she won a $3 million consecutive years. verdict for a co-authored the 2010 edition of a Charles W. textbook called Family Law: Cases, Bahamian college Ron Panitch was named to the Best Jirauch was Text, Problems. Czapanskiy is actively student injured in Lawyers in America list for 2012. He included in the involved in Democratic campaigns, a jet-ski accident has been included every year since Best Lawyers in has taken up horseback riding — (the settlement 2006 in the areas of intellectual America 2012 in “mainly doing dressage on my was reduced to property litigation, patent litigation, the area of Lipizzaner gelding” — and recently $1.5 million for comparative patent law and trademark law. In 2011, litigation and celebrated her 40th wedding negligence). Parks practices at his he was the “Philadelphia Best Lawyers intellectual anniversary with her spouse, Dana. own firm, the Law Offices of Robert Intellectual Property Lawyer of the property law. He is now a retired They have two grown children and a L. Parks, in Coral Gables, Fla. Year.” Panitch is a founding partner partner with Quarles & Brady. grandson, Nathan. of the IP law firm Panitch Schwarze Belisario & Nadel and focuses his Christian J. practice on licensing and counseling in 1964 Hoffmann III patent and trademark matters. 1973 John Held, a founding partner at (C’69) was Raymond G. Bender (F’69, McAndrews, Held & Malloy, was included in the LL.M.’86) serves full time as selected by the Legal Services Corpora- Best Lawyers in an arbitrator in domestic and tion to receive an award for his pro America 2012 in 1969 international commercial disputes. bono efforts with the Legal Assistance the area of Frederick Pittaro was named in the He is listed on the American Foundation of Metropolitan Chicago. securities and 2011 edition of Massachusetts Super Arbitration Association’s panel of Held, who began volunteering at LAF capital markets law. He is a partner at Lawyers. He is a member of Mintz, neutrals for commercial, high- in October 2002, has provided legal Quarles & Brady. Levin, Cohn, Ferris, Glovsky and tech and large complex cases and services to hundreds of low-income and Popeo, where he chairs the real estate on the International Institute for elderly clients through the foundation. section. Conflict Prevention and Resolution

60 SPRING/SUMMER 2012 • GEORGETOWN LAW ALUMNI Newsmakers PORTRAIT BY SIMMIE KNOX, COURTESY OF BY SIMMIE KNOX, COURTESY PORTRAIT FOR THE DISTRICT COURT THE UNITED STATES DISTRICT OF COLUMBIA.

Vicki Arroyo (L’94), Dennis Friedman (L’69), Pamela A. Gibbs (L’91), William Hinkfuss (L’58, LL.M.’59), Eric Sherling (L’09), Ted Zangari (L’89), Norma Holloway Johnson (L’62).

Coverage by the Associated Press, Trial Lawyers, which recognizes the (Wisconsin) Bar Association’s Lifetime Eric Sherling (L’09) director of “Northeast, Mid-Atlantic States Form best trial lawyers in New Mexico. Achievement Award. A member of Washington programming. Regional Network to Promote Electric Hinkfuss, Sickel, Petitjean & Wieting Vehicles,” featured Visiting Profes- An article on Dennis Friedman for more than 30 years, Hinkfuss Adjunct Professor Mark V. Vlasic sor Vicki Arroyo (L’94), executive (L’69), a partner at Gibson, Dunn has a practice that includes business (B’96, L’00) published op-eds in director of the Georgetown Climate & Crutcher, appeared in the Am law, trusts, wills and employment the Guardian (UK) on October 1 Center. Law Daily on October 25. The relations. (“Muammar Gaddafi and the Justice piece, entitled “How One Gibson, Tyrants Face”) and in the New York The Rockbridge Weekly reported Dunn Partner Is Grooming the Next News obituaries for Norma Hol- Times on January 19 (“Getting Back in September that Shawn Boyer Generation,” spotlighted Friedman’s loway Johnson (L’62) former chief the Bad Guy’s Loot”). Other writing (LL.M.’00), the founder and CEO mentoring of a younger attorney, judge of the U.S. District Court for includes “Repatriating Justice: New of SnagAJob.com, has joined the with whom he has worked on more the District of Columbia and the first Trends in Stolen Asset Recovery George C. Marshall Foundation than 100 matters. African-American woman appointed and Fighting Corruption,” which Board of Trustees. The foundation to the federal bench in Washington, appeared in the Fall/Winter 2011 promotes the example of George A profile of Pamela A. Gibbs D.C., appeared in the New York issue of the Georgetown Journal of C. Marshall, former army chief of (L’91), director of the Securities and Times and Washington Post (both on International Affairs (co-authored staff during World War II, secretary Exchange Commission’s newly cre- September 21) and the Los Angeles with Greg Cooper), and “Beyond the of state, secretary of defense, and ated Office of Minority and Women Times (September 22). Duvalier Legacy: What New ‘Arab architect of the Marshall Plan for Inclusion, appeared in the New York Spring’ Governments Can Learn From post-economic recovery. Times DealBook on January 4. The William N. LaForge (LL.M.’81), a Haiti and the Benefits of Stolen Asset article is entitled “A New Diversity lawyer and lobbyist in private practice Recovery,” in the Fall 2011 issue of An article on Barbara Briggs (L’92) Monitor for the SEC.” in Washington, D.C., and the princi- the Northwestern University Journal entitled “Boca Raton attorney lauded pal of LaForge Government Relations, of International Human Rights. Vlasic for compassion, advocacy on behalf Alan Gura (L’95) was featured penned an article entitled “What a is a principal at Madison Law & Strat- of children” appeared in The Palm in “Courtroom Showdown,” an Government Lawyer Needs to Know egy Group. Beach Post on December 15. An article in the Wall Street Journal and Do When Communicating with education attorney at the Legal about Adam Winkler’s 2011 book Congress.” The article appeared The Yuma Sun reported that Ann Aid Society of Palm Beach County, Gunfight: The Battle Over the Right in the October 2011 issue of The Walker (L’79) was nominated for the Briggs was honored with the Florida to Bear Arms in America, which tells Federal Lawyer. city of Yuma, Arizona’s Tribute of the Children First’s “2011 Educational the story of the Supreme Court case Muses award, given to an individual Advocate of the Year” award. District of Columbia v. Heller. Gura Daniel Levinson (L’74), inspector making a difference in Yuma’s art was the winning lawyer in the case, general of the Department of Health world. Walker is a perpetual pro- An article on John F. Craig (L’11), an in which the Court concluded that and Human Services, was profiled by moter of the arts in Yuma as well as intern for the Center for American the District of Columbia’s gun ban Bloomberg Government in Septem- an accomplished and respected artist. Progress, appeared in the ABA Jour- was unconstitutional. ber regarding his role in rooting out nal on October 13 — after he located fraud and waste in the Medicare and Ted Zangari (L’89) was featured a 1985 speech by President Reagan “How Suing Shell Could Backfire on Medicaid programs. in The Star-Ledger (New Jersey) in a calling for fair taxation of millionaires. Human Rights Activists,” an opinion story entitled “2011 chairman of the CAP posted the speech on the web, piece in The Atlantic on November Beverly Perry (L’81), senior vice Greater Newark Holiday Fund do- comparing it to a similar speech by 17, featured Kayleen Hartman president for external affairs at nated his lunch money to the agency President Obama. The posting gar- (L’11), a post-graduate fellow in Pepco, and White House counsel as a schoolboy.” He is a member of nered more than 200,000 views. Georgetown Law’s Human Rights Kathryn Ruemmler (L’96) were Sills Cummis & Gross. Institute. named among “Washington’s 100 An article appeared in the State Bar Most Powerful Women” by Washing- of New Mexico’s Bar Bulletin regard- An article on William Hinkfuss tonian magazine in October. ing the posthumous induction of (L’58, LL.M.’59) appeared in the For more information see Chief Justice Gene Franchini (L’60) Green Bay Press Gazette after he was The Washington Post reported on “Alumni in the News” at www. into the Roehl Circle of Honor for awarded the 2011 Brown County November 9 that CNN has named law.georgetown.edu/news/ain

SPRING/SUMMER 2012 • GEORGETOWN LAW 61 ALUMNI AWARDS, RECOGNITIONS AND APPOINTMENTS COURTESY OF MAURICE A. DEANE SCHOOL COURTESY HOFSTRA UNIVERSITY. AT LAW

Mitch Daniels (L’79), Harel Locker (LL.M.’01), David Mao (L’93), Barbara Savage (L’77), Nora V. Demleitner (LL.M.’94) with Joseph Ortego.

Jerry Abramson (L’73) was elected Ziad Haider (L’11) and Clay Pell is a neutral mediator and arbitrator and Co., one of Israel’s leading and lieutenant governor of Kentucky in (L’08) were appointed White House on numerous permanent arbitration oldest commercial law firms. “I am November. fellows for 2011-2012, assigned panels. He served on another presi- very enthusiastic about this position to the national security staff of the dential emergency board in 2007. and hope to contribute to my Indiana Governor Mitch Daniels White House and the U.S. Depart- country,” Locker writes. (L’79) was honored in October with ment of Justice respectively. The Edward Kraus (L’93), associate the 2011 Pathfinder Award by the program, created in 1964, offers professor of clinical practice at the David Mao (L’93) was appointed Indiana Sports Corporation for his exceptional young men and women Illinois Institute of Technology’s law librarian of Congress, beginning commitment to youth in the state. first-hand experience working at the Chicago-Kent College of Law, has January 3, 2012. He has served as Examples include Mitch’s Kids, a highest levels of the federal govern- been appointed by Health and deputy law librarian of Congress partnership between the governor ment. Pell, a JAG and lieutenant in Human Services Secretary Kathleen since June 2010. and the Indiana Alliance of Boys the U.S. Coast Guard, has served as Sebelius to serve on the Advisory & Girls Clubs, striving to increase admiral’s aide, appellate government Commission on Childhood Vaccines. Christopher K. Murphy (L’98) was reading and math scores of eligible counsel, and adjunct faculty for the The nine-member commission, named chief of staff to Washington, low-income children, and the Indi- Defense Institute of International established by Title XXI of the Public D.C., Mayor Vincent C. Gray in Au- ana National Guard’s Hoosier Youth Legal Studies. Prior to his military Health Services Act, is charged gust. He previously served as deputy Challege Academy, established in service, he worked for the CIA, State with advising the HHS secretary on chief of staff at the U.S. Department 2007 to change the life path of Department, and several interna- issues related to the implementa- of Housing and Urban Develop- young men and women between tional law firms. In addition to his tion of the National Vaccine Injury ment, general counsel and execu- the ages of 16 and 18 who have legal studies, Pell graduated first in Compensation Program. tive director for human resources dropped out of high school. Daniels his class from the Coast Guard Direct at Atlantic Media Company, an was elected 49th governor of the Commission Officer School and Jacob Lew (L’83) was named White attorney at Hogan & Hartson (now state of Indiana in 2004 and re- graduated from Harvard University House chief of staff in January. Lew Hogan Lovells) and a staffer for the elected in 2008 to a second term. with high honors in social studies had been serving as the director late Sen. Ted Kennedy, D-Mass. and a citation in Modern Standard of the Office of Management and Nora V. Demleitner (LL.M.’94) Christopher Pietruszkiewicz Arabic. He is a recipient of the CIA’s Budget (OMB). was named dean of Washington (LL.M.’97) has been selected dean Exceptional Performance Award. and Lee University’s School of Judge Richard A. Linn (L’69) of Stetson University College of Haider served as a foreign policy Law, effective July 1. She is pres- of the U.S. Court of Appeals for Law, beginning this summer. Pi- adviser to Sen. Chris Dodd, D-Conn., ently dean of the Maurice A. Deane the Federal Circuit was chosen to etruszkiewicz serves as vice chancel- and as a member of the professional School of Law at Hofstra University. receive the American Inns of Court lor for business and financial affairs staff on the House Committee on Demleitner also received a Leader- 2011 A. Sherman Christensen and the J.Y. Sanders Professor of Homeland Security before earning ship in Law Award from Long Island Award, presented at the annual Law at Louisiana State University’s his law degree. He also earned an Business News in recognition of her American Inns of Court “Celebra- LSU Law Center. M.P.A. from the John F. Kennedy contributions to legal education. tion of Excellence” at the U.S. School of Government at Harvard Supreme Court on November 5. The Laura Possessky (L’95) was University. Haider is the author of Chris Huber (L’97), an assistant award is bestowed on a member of honored with Women in Film and The Ideological Struggle for Pakistan U.S. attorney for the northern the Inns who has provided distin- Video’s highest tribute, the Woman (Hoover Institution Press, 2010), a district of Georgia, received the guished, exceptional and significant of Vision Award, in October at foreign affairs columnist for The Sun John Marshall Award for Participa- leadership to the American Inns of the Artisphere in Rosslyn,Va. She (Malaysia), and the director of the tion in Litigation from Attorney Court movement. is president of the Washington Truman National Security Project’s General Eric Holder. Huber and his Area Lawyers for the Arts and a Asia Expert Group. colleagues received the award for Harel Locker (LL.M.’01) was partner at Gura & Possessky, where their outstanding work in obtaining appointed to the role of director she practices intellectual property, Joshua Javits (L’78) was appointed a successful global resolution in the general in the Israeli prime minister’s media and entertainment law. She a member of the newly created complex investigation of Allergan’s office, the highest ranking civil counsels creative entrepreneurs, Presidential Emergency Board by illegal off-label promotion of Botox. servant role in the government. businesses and associations on President Barack Obama in October. From 2007 to 2011, he served as transactions in film, television, me- The board will help resolve an ongo- a senior partner and member of dia, publishing and the Internet. ing dispute between major freight the managerial staff at S. Friedman rail carriers and their unions. Javits

62 SPRING/SUMMER 2012 • GEORGETOWN LAW ALUMNI

Joe Cornelison has joined the Kansas America as “Washington, D.C., Best City, Mo., office of Husch Black- Lawyers Professional Malpractice 1974 well as senior counsel, focusing on Lawyer of the Year” for 2012. On December 27, President Barack George Haas was educational institution law. He most Obama announced his intent to included in the recently served as general counsel for nominate Jerome H. Powell (L’79) Best Lawyers in the Missouri Department of Higher 1978 to the board of governors of the America 2012 in Education and general counsel for the area of patent Jane G. Belford, chancellor of the Federal Reserve System. Northwest Missouri State University. litigation and Archdiocese of Washington, was patent law. He is a honored by St. Luke’s Institute at a Malika Saada Saar (L’01) was J. Jonathan partner at Quarles reception at the Vatican Embassy in honored by BET Networks on Satur- Schraub, & Brady. managing Washington, D.C., on October 17. day, Oct. 15 at “Black Girls Rock,” shareholder of the The Institute participates in the heal- honoring black women in business, Howard M. Levinson has been D.C. regional ing ministry of Christ by promoting politics, entertainment, sports and selected a fellow of the Litigation office at Sands the health and well-being of Catholic community service. Saada Saar, Counsel of America, as reported by Anderson in clergy and women and men religious a founder of the Rebecca Project the (Pennsylvania) Times Leader. He McLean, Va., has in the United States and abroad. for Human Rights, received the is a partner at Rosenn, Jenkins & been recognized by Best Lawyers in Trailblazer Award for her work fur- Greenwald. thering reform, justice and dignity for women, girls and vulnerable families. Saada Saar was also hon- 1975 ored with Georgetown Law’s Robert Chris Whitney was named brand 1977 Thomas F. Schlafly F. Drinan, S.J., Law Alumni Public commissioner of the Colorado Service Award. (See page 78.) Department of Agriculture’s division of brand inspection. The division’s Barbara Savage (L’77), a profes- primary responsibility is to protect the sor of history at the University livestock industry from loss by theft of Pennsylvania, won the 2012 or straying of livestock. During a 35- year law and business career, Whit- Louisville Grawemeyer Award in ney has practiced law in Washington, Religion for her book Your Spirits D.C., and Colorado Springs and has Walk Beside Us: The Politics of Black served as a senior executive, adminis- Religion (Harvard University Press, trative officer and general counsel to November 2008). As reported by several public companies, including The Daily Pennsylvanian, the award Harrah’s and Resorts International. is given annually by the University of Louisville to outstanding scholars in the fields of religion, music 1976 competition, world order, psychol- Mark F. ogy and education. Savage’s book McCarthy (C’73) profiles African-American religious was included in and political leaders and analyzes the Best Lawyers in the role black religion plays in their America in the political struggle. area of personal injury litigation David Stern (L’85) was selected and also named a White House “Champion of the 2012 Cleveland Best Lawyers Change” in October 2011 for his “Product Liability Litigation-Defen- public interest legal work. As execu- dants Lawyer of the Year” by Best Lawyers in America. He is a partner in tive director of Equal Justice Works the Cleveland office of Tucker Ellis & — a national nonprofit dedicated to West. creating a just society by mobiliz- ing the next generation of lawyers committed to equal justice — Stern was recognized as part of President 1977 Obama’s “Winning the Future Initia- Robert T. Bowsher (LL.M.) tive” for dedicating his professional was named to the life to closing the justice gap in Thomas F. Schlafly (C’70) is president of the Saint Louis Brewery, 2012 edition of which brews Schlafly Beer. Schlafly is pleased to report that America. Louisiana Super Lawyers in the area Schlafly Beer is now available at Dixie Liquor in Georgetown (“the of mergers and emporium that played such a formative role in his Georgetown acquisitions. He is education”). He also notes that “knock-off” Schlafly Beer t-shirts a partner in the Baton Rouge office of have been spotted in Thailand. “That puts us in the same league as Breazeale, Sachse & Wilson. Coach, Gucci and Rolex!” Schlafly writes.

SPRING/SUMMER 2012 • GEORGETOWN LAW 63 ALUMNI

Joseph J. Feltes, who is partner-in- ABA House of Delegates at the annual Robert J. O’Regan has been elected Keith C. Jones, an charge of the Canton, Ohio, office of meeting in August 2011. Fisher has treasurer of the Massachusetts attorney at Verrill Buckingham, Doolittle & Burroughs, also been appointed to the executive Family and Probate American Inn Dana, was named was named the 2012 Best Lawyers counsel of the banking law committee of Court, the largest Inn of Court in a 2012 “Securities “Akron Area Health Care Lawyer of the Federal Bar Association. the United States. He is a partner at Regulation Lawyer of the Year,” based on peer review Burns & Levinson, where he focuses of the Year” in ratings. Christopher J. Fritz was included in his practice on the representation of Portland, Maine, the 2012 edition of the Best Lawyers fiduciaries, such as trustees, corporate by Best Lawyers. Steven A. Kandarian, the president in America in the area of real estate officers, executors and guardians. and CEO of Metlife Inc., has joined law. He is a partner in the Baltimore the board of directors of the Ameri- office of Ballard Spahr. can Council of Life Insurers. 1985 1983 Lawrence James Baker (LL.M.), a partner in (“Larry”) Duran 1981 the San Francisco office of Winston was recently 1979 Dana Bisbee was & Strawn, has been named the San appointed a federal Alden Bianchi (LL.M.) was named a elected a Francisco Best Lawyers’ “Litiga- administrative law 2011 Massachusetts Super Lawyer. He shareholder at tion—ERISA Lawyer of the Year” for judge with the is a member of Mintz, Levin, Cohn, Devine Millimet 2012. Baker’s practice focuses on Social Security Ferris, Glovsky and Popeo, where he in New Hamp- ERISA litigation and the counseling Administration in leads the firm’s employee benefits and shire. Bisbee is the of employers on the entire spectrum Moreno Valley, Calif. He has served as executive compensation practice. head of the firm’s of employee benefit and executive an attorney for state and local environmental compensation matters. government in Sacramento for the past Betsy J. Grey has practice group and also a member of 25 years, including the California been named the the energy and regulatory affairs, Ilise L. Feitshans, a visiting scientist at Legislative Counsel’s Office, the Sacra- Alan A. Matheson legislative and governmental affairs, the University of Lausanne’s Institute mento District Attorney’s Office, the Fellow at the and land use practice groups. for Work and Health in Switzerland, Sacramento County Counsel’s Office Sandra Day advised a special committee of the and (for the last seven years) the O’Connor College Deborah M. Buell, senior counsel in Council of Europe in statutory theory Sacramento City Attorney’s Office. He of Law at Arizona the New York office of Cleary Gottli- and predictions regarding the future was recently selected the Sacramento State University. eb Steen & Hamilton, was recognized directions of nanotechnology laws. County Bar Association’s Distin- Grey, who joined the law school as one of the “Academy of Women Feitshans is also a doctoral candidate in guished Attorney of the Year for 2011. faculty in 1988, is a faculty fellow in Leaders Class of 2011” by the YWCA international relations in Geneva. the Center for Law, Science and of New York City. The award honors Kevin J. Hamilton was elected Innovation. She publishes and women in business. Richard Goldberg is chief of the to the American College of Trial teaches on issues of tort law, products economic crimes division in the U.S. Lawyers. He is a partner at Perkins liability and mass tort litigation, as Richard S. Cleary was named one of Attorney’s Office in Philadelphia. He Coie, where he chairs the labor and well as neuroscience and law. the “Top Ten Lawyers in Kentucky” by was a Wasserstein Public Interest employment practice group and the Super Lawyers magazine. He is with Fellow at Harvard Law School last retail and consumer products group. Van R. Mayhall Frost, Brown, Todd in Louisville and fall. In 2010, he received a Fulbright Jr. (LL.M.) was is a member of the firm’s labor and senior specialist grant in law at Steven Hilton, vice president of named to the 2012 employment group. the City University of Hong Kong, government relations for McDonald’s edition of teaching computer and intellectual Corporation, was named to the Na- Louisiana Super South Carolina Senator Brad Hutto property crime. tional Restaurant Association’s board Lawyers in the area was named “Legislator of the Year” of directors. The board consists of of business/ in August by the South Carolina Bruce J. McNeil (LL.M., G’87) industry leaders who serve on a vol- corporate. He is Association of Counties. Hutto also testified before the Department of untary basis to guide the association the senior partner in the Baton Rouge received the award in 2002. Labor’s ERISA Advisory Council on toward its vision of leading America’s office of Breazeale, Sachse & Wilson. hedge funds and private equity funds restaurants into a new era of prosper- as investment options for retirement ity, prominence and participation. Ira M. Schulman was named by plans. He recently authored the 2011- New York Super Lawyers as one of the 1982 2012 edition of Nonqualified Deferred Stephen B. Lebau was named the top attorneys in the state for 2011. Richard M. Blau was named to the Compensation Plans (Thomson/West). 2012 “Baltimore’s Best Labor & He is a partner in Pepper Hamilton’s Best Lawyers in America 2012 list of Employment Lawyer of the Year” by construction practice group. outstanding attorneys in the area of Rick Sindelar (F’71) was named to Best Lawyers. A founding partner at food and beverage law. He practices the Best Lawyers of America list for the Towson, Md.-based Lebau & at GrayRobinson in Tampa, Fla. 2012. He is a partner in the Houston Neuworth, Lebau has practiced em- office of Jackson Walker. ployment law for more than 20 years. 1980 Emily DeRocco, Audrey Bracey Deegan (G’80) was president of the Cecilia Meighan is of counsel to appointed to the board of directors Manufacturing Gallagher, Brennan and Gill. She is a of the Washington Area Women’s Institute (a 1984 member of the Mid-Atlantic Com- Foundation. She is managing director nonprofit, Mark Hopson, a partner at Sidley munity of the Sisters of Mercy and is of the OMG Center for Collaborative nonpartisan Austin and a member of the firm’s legal counsel and consultant to several Learning. affiliate of the executive committee, has also been religious congregations. Meighan is the National named to the firm’s management founder of the Cecilia Meighan, RSM Keith R. Fisher, of counsel in Ballard Association of Manufacturers), has committee. He is the Washington, Institute of Law and Religious Life, Spahr’s Washington, D.C., office, was joined the board of directors of EWI, D.C., chair and national co-chair of held this year June 7-13. The Institute the official reporter for a report and a nonprofit engineering and the firm’s government and internal offers professional development to resolution on judicial recusal and dis- technology resource organization. investigation practice. elected and appointed leadership of Ro- qualification that was approved by the man Catholic religious congregations.

64 SPRING/SUMMER 2012 • GEORGETOWN LAW ALUMNI Alumni Authors

oel P. Bennett (L’71) has penned a new edi- homas C. Fischer (L’65) has penned Legal Golf is a comprehensive overview of the sport, Jtion of How to Start and Build a Law Practice TGridlock, A Critique of the American Legal from its early origins among the Romans and in in the District of Columbia, published by the Bar System (Carolina Academic Press, December China, France, Belgium and the British Isles (a Association of the District of Columbia. The first 2011). The book critiques our system from a stained glass window in England’s Gloucester edition won first prize from the American Bar variety of perspectives, including the form and Cathedral depicts a figure wielding a stick in a Association’s Young Lawyers Division as the best function of government, the proper role of backswing motion) to its popularity in Scotland single project of the year. The new edition, with courts and the problems of law enforcement, le- and its arrival in the United States. Jenchura more than 80 pages (including forms for many gal training and the legal profession. According covers all the giants of the sport, but his favorite aspects of running your own law practice), has to one reviewer, “The book is quite easy to read, is Bobby Jones, considered one of the greatest chapters on finding office space, hiring staff, makes complex subjects simple and raises a lot amateurs to ever play the game. Jenchura got setting fees, getting clients, financing your prac- of important issues. … Expect to learn some- hooked on the sport at the age of 12 and has tice, time and billing systems, bank accounts, thing new from every chapter[.]” Formerly dean, played it all his life. In addition to practicing law, advertising, technology and more. Fischer is presently professor emeritus at the he helped develop the Honeybrook Golf Club in New England School of Law and a senior fellow Honey Brook, Penn., and is an award-winning Michael Bullotta (L’92) has written a at Seattle University’s Center for Global Justice. freelance sports writer for his local newspaper. R.novel called Hard Core, published by The book is available at Barnesandnoble.com Milverstead Publishing in August 2011. Bullotta ishop Cynthia King Bolden Gardner and Amazon.com. began his legal career as a B(F’78, L’81) was recently promoted to pre- prosecutor in the Los Angeles siding prelate of the eastern jurisdiction of the imon Latcovich (L’06) has co-authored County District Attorney’s National Regeneration Fellowship of Christian SFederal Criminal Discovery (American Bar Office, where he was assigned Churches, where she is also advisory legal Association, August 2011), a thorough analysis to the Hardcore Gang Divi- counsel. In addition, she has been appointed to of the methods parties use to obtain discovery sion, prosecuting gang-related the Legal Redress Committee for the NAACP. in federal criminal cases. He is an associate at homicides. In 1997, he was Her books include Kingdom Seed, Accepted Williams & Connolly. appointed an assistant United in the Beloved, Seek Ye First The Kingdom of States attorney for the central district of Cali- God, Three C’s for the Seasoned Trial Lawyer ori Tripoli (L’89) has penned Contempo- fornia by then Attorney General Janet Reno. and Cake, Crumbs and Crusts: An Anthology of Lrary Law Office Management, published Currently, he lives in Michigan and works in the Sermons. The books are available at Amazon. by Aspen/Wolters Kluwer in October 2011. A Detroit United States Attorney’s Office. Bullotta com and Barnesandnoble.com. writer and editor based in Bedford, N.Y., Tripoli also teaches trial advocacy to new federal pros- splits her time covering the legal business and ecutors, guest lectures at local law schools and eal Gillen (L’64) has published Lonely No environmental and sustainability issues. has written two screenplays, “Garbage Man” NMore (Infinity Publishing, 2011). After a and “Directing Riley.” mystifying shootout with a mob enforcer ends ark Wisniewski’s (L’84) second novel, an exceptional police officer’s career, a beautiful MShow Up, Look Good, was published book by former Adjunct Professor Arthur woman and a resourceful reporter rescue him in August by Gival Press. The story of a young AT. Downey (LL.M.’63) entitled Civil War from alcoholism and expose the police corrup- woman who moves to Manhattan from Kanka- Lawyers: Constitutional Questions, Court- tion behind the shooting. Gillen is vice chairman kee, Ill., to become an artist and leave her past room Dramas and the Men Behind Them was of the Writer’s Center, a member of the board behind, Show Up, Look Good has won praise published by the American Bar Association in of American Independent Writers, and in private from the likes of Jonathan Lethem (“Wisniews- December 2010. The book “provides a compre- practice in areas including commodity futures ki: a riotously original voice”). Wisniewski is the hensive and fascinating look at the underap- law and international contract arbitration. author of the novel Confessions of a Polish Used preciated role of the law — and of lawyers Car Salesman, and his fiction has appeared — during the United States’ Civil War,” the ABA ohn Jenchura (L’76) has written Golf — A in The Southern Review, Antioch Review and website states. JGood Walk & Then Some: A Quintessential Virginia Quarterly Review, among others. For History of the Game (Mountain Lion Press, more information, visit http://showuplookgood. 2010). With 448 pages and 95 photographs, com/news.htm.

SPRING/SUMMER 2012 • GEORGETOWN LAW 65 ALUMNI

ALUMNI PROFILES: ALUMNI ADMISSIONS INTERVIEW PROGRAM

indsay Amstutz (L’06) has a busy “I tell folks about Georgetown’s unique Lcareer as director of marketing and Section 3, which helps people wrap their on-air presentation at FOX Sports West, heads around it, and I did the Criminal Justice but she didn’t mind getting up early on a Clinic as well,” he says. “I think discussing Saturday last fall to interview a prospec- the clinical experience is pretty valuable for a tive Georgetown Law student at an L.A. lot of the people I interview.” Starbucks. While not all alumni have lived in Gewirz “He just impressed me so much and had or worked out in the Sport and Fitness Center, such a good head on his shoulders; he was they can still focus on location, location, someone that I would without a doubt not location. Roger Moak (L’72), a New York only want to go to George- arbitrator-umpire and mediator, tells potential town but be a fellow alum,” Hoyas how he worked in the Washington of- says Amstutz, who served fice of a New York law firm to support himself as a student ambassador for during law school and how his trial practice the Office of Admissions as course took place on Saturdays in the court- a law student and who now room of the late federal district Judge John does two admissions inter- Sirica (L’26, H’76), which one year later would Lindsay Amstutz views a year. “He was smart, serve as the site of the Watergate trial. All (L’06) he was going to law school three of his adjunct professors would represent for the right reasons, he had a great passion Watergate defendants; and Professor Sam for the law, and it was exciting for me to be Dash, Moak noted, was majority counsel to the Aaron Goldhamer (L’08) able to feel like I could maybe contribute to Senate committee investigating the scandal. the process.” helping to shape the next class of Georgetown “I used to stay up late watching the Since its launch in 2007 under the lawyers or just sharing experiences. Watergate hearings and often got to see my leadership of Dean of Admissions Andrew “It’s not just a tool for the admissions ex-professors sitting next to their clients testify- Cornblatt, Associate Dean of External Affairs office to figure out who to admit, but it’s ing before the Watergate committee,” Moak Kevin Conry and Director of Alumni Affairs also a good tool for alumni to be able to sell says. “Let’s hope it’s nothing like Watergate, Matt Calise, the alumni admissions interview the law school,” says Leah McCoy (L’08), a but the point is that that’s one of the things program has been growing steadily. More trial attorney for the Department of Justice. that the faculty and the adjunct faculty have to than 400 alumni completed 765 interviews for She must have done a good offer, not only the practical experience, but the the entering 2011 class; the goal for 2012 is job; McCoy’s first admissions inspiration of being with these professors.” to have 500 or more alumni participate. While interview, Aarthy Thamo- And for the prospective students — the 48 percent of the interviews for the 2011 daran (L’12), is now in her ones sitting on the other side of the desk in the entering class were done in the mid-Atlantic, third year of law school. interview process — alumni input and expertise including D.C. and New York, the top five Alumni in legal markets is already proving valuable. “The interview per- interview cities also include Los Angeles, other than D.C. are able to sonalizes Georgetown Law,” Thamodaran says, Aarthy San Francisco and Boston, with international Thamodaran lend their expertise on, for noting that before her interview with McCoy, alums also participating. (L’12) example, what it’s like leav- she knew of the Law Center only “on paper,” “Alumni can serve as interviewers re- ing California to come to Georgetown Law. in terms of rankings and numbers. After the gardless of where they live,” says Matt Calise. But they can also advise prospective students interview, she gained not only a sense of the “We have applicants everywhere, and we’re on what it’s like to return to California at culture of the school, but a new mentor. fortunate to have alumni everywhere, so the the end of three years. “The Georgetown “Leah’s enthusiasm and fond memories interview program brings together these ele- network in L.A. is really strong, so it’s great to about Georgetown Law made me excited to ments in fun and helpful ways.” be able to say, if you want to come back to attend,” she says. “I have always felt comfort- With law school applications to George- California to work you will have alumni that able asking Leah questions about classes, town hovering above the 8000 mark, typically can aid in the process,” Amstutz says. professors and jobs.” more than any other law school, the program Aaron Goldhamer (L’08), who prac- provides the Office of Admissions with valuable tices commercial litigation in Denver, tells his — Ann W. Parks input from those who have themselves been interviewees not only about the job market successful at Georgetown and in life. And from in Colorado but also about his experiences in For more information or to sign up, visit an alumni perspective the rewards are many: Section 3, the Law Center’s alternate 1L cur- www.law.georgetown.edu/admissions/Admis- whether it’s staying connected to the school, riculum. [For more on Section 3, see page 30.] sionsInterviewProgram.htm

66 SPRING/SUMMER 2012 • GEORGETOWN LAW ALUMNI

department. A certified elder law Linda Weiksnar (G’93) of Crary Bu- 1988 attorney, Begley concentrates his chanan received the St. Thomas More 1986 practice in wills, trusts, estates, Award for 2011 from the Catholic Bruce J. Casino spoke at a presenta- Vanessa Negron probate litigation and elder law. Lawyers Guild. The award recognizes tion to the U.N. Rapporteur on Cohn is president an attorney or judge from the Martin Extreme Poverty and Human Rights. of the Georgetown David M. Johnson (C’86) is the as- County, Fla., legal community who The event, which was held at Colum- University Alumni sistant dean for public interest/public exemplifies the ideals of service and bia Law School, provided input to Club for the west service law and director of advocacy sacrifice in the pursuit of justice as a report on barriers to international coast of Florida. programs at the George Washington reflected in the life of the English access to justice. Casino is a partner She is a partner in University Law School. In this capac- lawyer and judge Thomas More. at Katten Muchin Rosenman. the Tampa office ity, he oversees GW Law’s pro bono of Arnstein & Lehr. program and its moot court, mock James W. Hundley was honored by trial and ADR programs. Steven D. Irwin American Registry in its selection 1992 of America’s “Most Honored was elected to Christopher Charles Baltic (C’84), managing Professionals.” He is a co-founder of serve on the Jones, senior director and co-head of health care at Briglia Hundley Nuttall & Kay, which international board counsel in the Needham & Co, has been appointed emphasizes criminal defense and civil of directors for the Columbus office to the board of directors at Marshall litigation. North American of Calfee, Halter Edwards, an oncology company Securities & Griswold, was focused on the clinical development Administrators included in The of novel therapeutics targeting cancer Association. Irwin, a partner at Leech 1989 International Who’s metabolism. Baltic has more than 19 Tishman Fuscaldo & Lampl, is a years of experience working with life Mark A. Morton Who of Environment Lawyers 2011. member of the firm’s management science and health care companies in was appointed to committee and chair of its govern- a variety of transactional contexts. serve as the chair Darrell D. Miller, ment relations practice group. of the mergers and co-chair of the James Slear has joined Thompson acquisitions entertainment and Hector A. “Tico” Perez, co-founder Coburn’s Washington, D.C., office committee of the sports law practice of Edge Public Affairs and a member as a partner in the international trade American Bar at Fox Rothschild of the Florida Board of Governors practice. Association’s in the firm’s Los (which oversees Florida’s state Business Law Section. He will serve a Angeles office, was universities), was one of several three-year term beginning in August. honored by the speakers at the University of Central A partner at Potter Anderson & Foundation for Second Chances with 1993 Florida’s commencement ceremonies its 2011 Service in Entertainment Corroon in Wilmington, Del., Morton Marc A. Crisafulli in December. Leadership Award. Miller was has been recognized by a host of was elected rating services including Chambers recognized for his unwavering Jim White, managing partner USA and Lawdragon. He has taught professional reputation as an executive director at Hinckley, Allen courses at the University of Virginia entertainment attorney as well as for of the Tennessee & Snyder in (with Chief Justice Myron T. Steele of his philanthropic involvement with General Providence, R.I. the Delaware Supreme Court) and art institutions, including the Assembly’s Fiscal He has served as University of Pennsylvania law schools Pasadena Playhouse. Review Commit- chair of the firm’s on advising boards of directors. tee, has joined corporate and business law practice Jones Hawkins & since 2008. Francine D. Ward has been appoint- Farmer as a partner. He concentrates 1991 ed to the board of the Marin County his practice in business litigation and Adam Augustine Tim King (F’89) (Calif.) Bar Association, as reported representation of clients in legal Carter (C’87) is a was named one of by the Marin Independent Journal. matters with state government. principal of the five finalists in the She is a business and intellectual Employment Law annual “Better property attorney in California. Group. Lawyer Men Better World

Monthly named Search,” sponsored Terrence M.R. 1987 the firm the 2011 by GQ’s the Zic has joined the James Casso was “Labor & Gentlemen’s products liability recognized by the Employment Law Firm of the Year.” Fund. Every year, GQ accepts Daily Journal as and environmental hundreds of nominations from across litigation group at one of the “Top 25 Steven B. Long the country in its search for men who Whiteford Taylor Municipal (LL.M.’98) joined dedicate their time and energy to the & Preston. He was Lawyers” in the employee betterment of society. Through previously with California for benefits & charitable work, volunteerism and LeClair Ryan. 2011. Casso executive community involvement, these men practices in the Los Angeles office of compensation embody what it truly means to be a Meyers Nave. group in the gentleman. King, who was featured in 1990 Raleigh office of the Fall/Winter 2011 issue of Deborah Rivkin has joined the board Georgetown Law magazine, founded Thomas D. Parker Poe Adams & Bernstein. He of directors of the Howard Commu- Urban Prep Academies, a network of Begley III (C’84) was previously with Williams Mullen. nity College Educational Foundation. all-boys public high schools in has joined She serves as the vice president of Chicago. Capehart government affairs for Maryland at Scatchard as CareFirst BlueCross BlueShield. chairman of its trusts and estates

SPRING/SUMMER 2012 • GEORGETOWN LAW 67 ALUMNI

Julie Uebler representation of health care and National Asian Pacific American Bar (C’90), founder of other nonprofit organizations in their Association. He is a member of the Uebler Law, 1995 financial transactions. She previously firm’s environmental and land reports that her Leslie A. Allen, an worked at O’Keefe Lyons & Hynes. development group, based in the Los employment law attorney at Angeles office. firm has relocated Christian & Small, Stephen Shahida has joined Weil, from its King of has graduated Gotshal & Manges as a partner in Prussia office to a from the Claims the firm’s IP patent litigation practice new office in the Devon Square and Litigation in Washington, D.C. He comes to 1996 complex on Lancaster Avenue in Management Weil from McDermott Will & Emery, David Burton has joined Akin Gump Wayne, Pa. Uebler litigates cases Alliance’s first where he was the local head of IP Strauss Hauer and Feld as a partner involving employment discrimination, Litigation Management Institute, litigation in the Washington, D.C., in the tax and project finance and discriminatory harassment, breach of hosted by Columbia Law School in office. renewable energy practices. He previ- contract, retaliation and wrongful New York from Oct. 28–30, 2011. ously served as managing director termination and also serves as a Shiraz Tangri, a and senior tax counsel at GE Energy mediator and investigator. Christine Biebel partner at Alston Financial Services. has joined Perkins & Bird, was Coie as of counsel recognized with a Susan Hays was named to the in the firm’s “2011 Best 2011 Texas Super Lawyers list for 1994 finance practice in Lawyers Under 40 her appellate practice. She is a Marcello Hallake (LL.M.) was Chicago, Award” by the shareholder in the Dallas office of named to the “International Who’s specializing in the Godwin Ronquillo. Who of Oil and Gas Attorneys 2011” list by Who’s Who Legal. He recently joined the Latin America practice ACROSS CLASSES of Jones Day; he was previously in the New York office of Thompson & Knight.

Randi Mandelbaum (LL.M.), a clinical professor of law and founding director of the Child Advocacy Clinic at Rutgers School of Law (Newark), was named the law school’s first An- namay Sheppard Scholar — recognizing the founding associate director of Newark’s first legal services program in 1966 and the founder of the Rutgers Urban Legal Clinic in 1970. COURTESY OF STL COURTESY Mandelbaum has written extensively about the legal representation of chil- Eun Hee Han (L’07), Sammy Mansour (L’07), Alexis Paddock (L’09), Cecily E. Baskir (LL.M.’09). dren, the legal and financial needs of kinship caregivers, and public policies ou don’t have to look far to teaching decisions at STL during as director of the transnational concerning child welfare. Yfind a “Hoya Lawya” at the the 2009-2010 school year. practice program at STL. Professor Peking University School of Trans- “I was quite surprised to Mitt Regan (L’85), co-director of William Shepherd national Law (STL), an innovative discover that there was another the Center for the Study of the (C’91), a partner U.S.-style law school in Shenzhen, Georgetown Law grad working as a Legal Profession at Georgetown in the West Palm Beach office of China. Among them is Eun Hee lecturer when I arrived in Shenzhen Law, is serving as international Holland & Knight, Han (L’07), who is teaching legal nearly two and a half years ago, visiting faculty at STL this year, has been named practice during 2011-2012 as a especially since we had not crossed Rebecca Linton (L’77) served as chair-elect of the C.V. Starr Lecturer at STL. “Many paths before,” says Paddock, a ESL specialist from 2010-2011, American Bar of the faculty connected to STL are fellow at Georgetown Law who and Linda Elliott (LL.M.’92) is Association’s Criminal Justice current Georgetown Law faculty currently serves as assistant director one of STL’s affiliated transnational Section. He is also a member of the or alumni,” says Han. “Sharing of the Language Center here. faculty members, according to the ABA’s Global Anti-Corruption experiences and developing STL’s Mansour, who in January school’s assistant marketing direc- Initiatives Task Force and one of its legal practice program with these began a new role as assistant clini- tor, Eunnie Park. two delegates to the ABA’s House of members of the Georgetown cal professor of law at Michigan “When you’re halfway Delegates. network brings home the fact State, says he still maintains a around the world in a country that Euchung Ung that Georgetown is a truly global close working relationship with feels totally foreign to you, it’s was named a institution.” the STL colleagues affiliated with nice to be able to share memories member of Past Starr lecturers at STL Georgetown Law. These include of familiar places with someone Kleinberg, Kaplan, have included Sammy Man- not only Han and Paddock but else,” Baskir says. “I’m sure it Wolff & Cohen. sour (L’07) and Alexis Paddock permanent STL faculty members also speaks to the kind of place Ung joined the (L’09) — who, they say, bonded Cecily E. Baskir (LL.M.’09), an Georgetown Law is in terms of firm in 2008 and over their shared experiences at assistant professor of clinical law, fostering students and faculty who practices in the Georgetown and used those ex- and Georgetown Law Professor have a sense of global perspective firm’s real estate group. periences to inform many of their Craig Hoffman, who also serves and adventure.”

68 SPRING/SUMMER 2012 • GEORGETOWN LAW ALUMNI

Mark Lawton (LL.M.) retired last summer as a rear admiral in the CLE UPDATE U.S. Navy JAG Corps after 26 years on active duty. After a short break, Fifth Annual Global Antitrust Symposium in August 2011 he began a new career in the financial industry when he accepted the position of vice president of compliance and public policy at Navy Federal Credit Union in Vienna, Va. 1998 Michael E. Burke (F’93) is the new chair of the American Bar Association’s Section of International Law, overseeing the activities of 25,000 section members representing more than 90 countries. He is a partner in the Washington, D.C., office of Arnall Golden Gregory.

Mark Hoose (LL.M.) has been appointed assistant professor of law at the University of San Diego School of Law. He was most recently managing tax counsel at Intel Corporation in Santa Clara, Calif. BRAD KEHR

U.S. Federal Trade Commission Chairman Jon Leibowitz

IN MEMORIAM: ot everyone can successfully draw parallels entitled to competitive markets, but businesses Nbetween the U.S. Open tennis tournament really deserve timely resolution of matters before Hugh J. Beins (C’53, L’56) and antitrust enforcement. But U.S. Federal Trade the commission.” John P. Dunne (L’56) Commission Chairman Jon Leibowitz, speaking at Sharis A. Pozen, acting assistant attorney Georgetown Law’s fifth annual Global Antitrust general of the Department of Justice’s antitrust George A. Fath (L’53) Symposium on September 22, managed to serve division, discussed that agency’s international Keith Eric Gisleson (L’68) up a win as he described how the agency is seek- enforcement work. While drawing no parallels to ing to ensure fair play in the business world. tennis, she described instances of teamwork with Gary P. Gross (L’94) “Each new Grand Slam champion changes DOJ’s international counterparts: coordinating Norma Holloway Johnson (L’62) the game — with a new stroke, a new train- with Canada’s Competition Bureau, for example, John Laxalt (L’55) ing regime, a new serve speed,” Leibowitz told in an investigation of a Ticketmaster/LiveNation the more than 200 attendees gathered in Hart merger that was eventually approved. Paul Luckern (C’51, L’58, Auditorium for the Continuing Legal Education “The agencies had the benefit of shared LL.M.’64) conference. “You can see the FTC’s work on learning and experience, and the parties James B. Lynn Sr. (F’58, L’61) antitrust almost in the same way.” benefited from a more efficient and effective Since the speed of industry is moving faster review,” Pozen said. Timothy May (L’57, LL.M.’60) than ever, legal and factual questions need to be The CLE event was fortunate to have four John J. McNeely Sr. (C’55, L’58) resolved on time, with an ever-tightening set of law firms — Baker Botts, Covington & Burling, Nicholas Moore (L’12) resources. So Leibowitz described some of the Freshfields Bruckhaus Deringer and Skadden, ways that the agency is speeding up its serve Arps, Slate, Meager & Flom — as sponsors this Charles A. Muserlian (L’59) — bringing litigation to protect against unfair year. G. Scott Nebergall (LL.M.’78) competition and sharpening its oversight. As with “I take it from the fact that they are all tennis, consistency and mastering the game (the antitrust experts, that this is not an antitrust viola- Robert M. Quinn Sr. (L’59) cases) is key. tion,” joked Georgetown Law Dean William M. Robert E. Redding (L’47) While Leibowitz declined to comment on Treanor, applauding partners Sean Boland (C’75, Thomas M. Shanahan Sr. (L’59) specific investigations, he did challenge the L’78) and Alan Wiseman (L’68), among others, for notion that antitrust is too slow to be relevant their contributions. Treanor noted that George- Rodney Thein (L’62) to consumers in a fast-moving, high technology town has traditionally played a preeminent role Mark Wainger (L’77) industry. in antitrust, with Professor Robert Pitofsky having Raymond D. Watts (L’53) “At the commission, we need to balance served as chair of the FTC from 1995 to 2001 and our mission to protect consumers with the need Professors Howard Shelanski and Steven Salop, Carol Werner (L’79) on the part of both firms and consumers to do both FTC alumni, carrying on the tradition. John Taylor Winebrenner (L’67) our business quickly,” he said. “Consumers are

SPRING/SUMMER 2012 • GEORGETOWN LAW 69 ALUMNI

Development News Meeting the Law Firm Challenge

oe Petrosinelli (L’91), a partner at Wil- Jliams & Connolly, counts Professor Steve Goldblatt’s Appellate Litigation Clinic as “probably the best possible preparation” that he could have had in launching his career as a litigator 20 years ago. As a third- year law student, Petrosinelli got to argue a real case, with a real criminal client — in front of the real U.S. Court of Appeals for the D.C. Circuit. “It’s arguably the most respected federal appellate court in the country besides the Supreme Court,” Petrosinelli says. And the clinic, he says, is a second-to-none experience. “The whole clinic program at the school is unmatched anywhere else.” It’s just one of the reasons why he considers himself fortunate to have gone to

Georgetown Law. Teaching a trial practice Joe Petrosinelli (L’91) Daniel Z. Sinrod (L’07) seminar as an adjunct professor at the Law Center, and serving as his firm’s agent for ships and other programs. comparison, $176,922 was raised a decade the annual Law Firm Challenge — encour- Participating firms compete for the earlier in 2001. aging giving among the Law Center alumni highest percentages of alumni giving and “We definitely feel pressure and pride at his firm — are his ways of saying thanks. the most dollars raised for Georgetown in our 100-percent participation,” says “Given that our founding partner Ed- Law. To help level the playing field, firms Daniel Z. Sinrod (L’07), one of four firm ward Bennett Williams was such a strong are placed into groups depending on the agents for Debevoise & Plimpton. Debe- supporter of Georgetown, I feel like my number of alumni they include. voise, one of seven firms whose alumni Georgetown degree is what helped me get “Alums in participating firms are more all participated in the challenge last year, a job at the firm, so I really owe a lot to the tuned in to the fact that the Annual Fund has seen 100-percent participation every school,” he says. is happening and are more likely to give,” year since 2005 (second to Venable, which The Law Firm Challenge, now in its says Christine Hammer, director of donor has had full participation every year since 15th year, is a friendly competition be- relations at the Law Center. “And lawyers 2003). tween law firm alumni to support the Law are competitive.” Judson W. Starr (L’75), one of three firm Annual Fund. The fund, which helps keep Apparently so. From just five participat- agents for Venable, says that once you’ve Georgetown on the leading edge of legal ing firms in the first year, the Challenge has reached 100 percent, no one wants to be education, provides crucial resources for grown to include 56 firms in 2011-2012. the alum that breaks the streak. “A good clinics, financial aid, the Edward Bennett More than 2,200 alumni competed in the majority have already given through the Williams Law Library, student journals, Law Firm Challenge during 2010-2011, solicitations at home, but I follow it up with Equal Justice Foundation summer fellow- raising $1,275,044 for the Law Center. By e-mails and make phone calls for the few

70 SPRING/SUMMER 2012 • GEORGETOWN LAW ALUMNI

LAW FIRM CHALLENGE: Firm Statistics Participation:

Venable — 100-percent participation every year since 2003 Debevoise & Plimpton — 100-percent participation every year since 2005 DLA Piper — 100-percent participation every year since 2006 Williams & Connolly — 100-percent participation every year since 2008 Keller & Heckman — 100-percent participation every year since 2008 Simpson Thacher & Bartlett — Judson W. Starr (L’75) Thomas C. Papson (L’77) 100-percent participation every year since 2009 who … might need a reminder,” he says. And it adds to the Challenge. Petrosi- Murphy & McGonigle — 100-percent Sinrod reaches out to approximately 15 nelli was recruited for the agent role by participation in 2010-2011 to 20 alums at Debevoise with e-mails and Williams & Connolly senior partners phone calls; if there are any stragglers, he William E. McDaniels (L’66) and Brendan Dollars Raised: calls in Kevin A. Rinker (L’99) for backup. V. Sullivan Jr. (C’64, L’67). At Debevoise, Debevoise & Plimpton — most dollars Thomas C. Papson (L’77) says that Sinrod was recruited by Rinker, who was raised within Group 1 during 2010-2011 McKenna Long & Aldridge has held a Law himself recruited by John Vasily (L’82). Covington & Burling — most dollars Firm Challenge breakfast meeting with the Alums say the best thing about the raised within Group 2 every year since dean in recent years. To make the most Law Firm Challenge is that it’s a great way 2008 of the visits, they’ve invited alumni from for Georgetown Law alumni within a firm Skadden, Arps, Slate, Meagher & Flom neighboring firms as well. to reconnect. “The fun part of it is that in — most dollars raised within Group 3 Williams & Connolly typically has a a very large firm, there is a subset … of every year since 2007 cocktail hour for its Hoya alumni every year Georgetown graduates, and it’s created a Firms New to the Challenge in to kick off the Challenge. “It makes people sense of common belonging,” Starr says. 2011-2012: remember some of the great times they had To participate in the Law Firm Chal- Ballard Spahr in school and they hear stories from [alum- lenge, or request more information about the Hollingsworth ni] who graduated in the 1950s or 1960s, program, please contact Dave Stone, associ- Katten Muchin Rosenman so I think that makes it fun, especially for ate director of the Law Annual Fund, at 202- Paul, Weiss, Rifkind, Wharton & Garrison Saul Ewing the younger folks,” Petrosinelli says. 662-9375 or [email protected].

SPRING/SUMMER 2012 • GEORGETOWN LAW 71 ALUMNI

Carlos Perez-Albuerne, a partner a Northern California Rising Star by Lisa Mottet was in the intellectual property litigation Super Lawyers three years running. 2001 recognized as one group at Choate, Hall & Stewart, was His practice at the Balamuth firm Kevin DiBartolo of the “Best LGBT honored in September with a 2011 is limited to representing plaintiffs (G’01) was elected Lawyers under 40” Latino Leadership Award from the in personal injury and professional counsel at Latham by the National Massachusetts Association of His- malpractice claims. LGBT Bar Associa- panic Attorneys. He was one of three & Watkins, practicing in the firm’s tion, a national recipients selected for his outstanding association of legal professional achievements, excep- Washington, D.C., professionals, law students and tional dedication to excellence in the 2000 office. He is a affiliated lesbian, gay, bisexual and legal profession and commitment to Daniel J. white-collar transgender legal organizations. community service in Boston. Michalchuk defense attorney whose practice focus- (LL.M.) has been es on issues arising under U.S. export Mottet is the director of the National Manisha Sheth, a partner at Quinn elected a partner at controls and economic sanctions. Gay and Lesbian Task Force’s Emanuel Urquhart & Sullivan, was Milbank, Tweed, Transgender Civil Rights Project. named one of this year’s top “Minor- Hadley & McCloy Rebecca Moll Freed was elected to and is based in the ity 40 under 40” attorneys by the the board of trustees of Partners for Jason D. Winter firm’s New York National Law Journal. She handles a Women and Justice, an organization was named to the office. Michalchuk specializes in wide range of commercial litigation, empowering low-income and abused 2012 Best Lawyers international project finance. He lives including structured finance and de- women to build safe and secure in America list in in the New York area with his wife, rivatives litigation, securities litigation, futures by providing equal access to the areas of legal plaintiff’s litigation and white-collar Amy, and his two children, Alexandra justice. Freed is counsel at Genova, malpractice law defense and internal investigations. and Ellie. In addition to his LL.M. in Burns & Giantomasi in Newark and and professional international and comparative law malpractice law from Georgetown, Michalchuk also New York City. and the 2012 Ohio Rising Stars list. holds a B.A. from Queen’s University, He practices in the Cleveland office 1999 Canada; an LL.B. from the University of Reminger. Jim W. Yu serves as treasurer of the of Ottawa, Canada; and an M.A. in Alameda Contra Costa Trial Lawyers international relations from Carleton Association. Yu has been selected as University, Canada.

2001 Ralph E. Winnie Jr. And the WINNER is...

In “Can the Government Make You Eat Broccoli?” (Georgetown Law magazine, Fall/Winter 2011), Professor Mike Seidman offered a free lunch to the first person who could prove that he or she favors the health care law as a matter of policy but who also thinks that it’s unconstitutional. Shortly before this issue went to press, Seidman received an e-mail from Cyrus Torabi (L’02), an associate at Stradling Yocca Carlson & Rauth in Newport Beach, Calif.

“As a matter of policy, I favor a single-payer health care system or the Affordable Care Act [ACA] system in which all must purchase insurance. But as a matter of constitutionality, I tend to agree with critics of the law that the federal government cannot force people Ralph E. Winnie Jr. (LL.M.’01) is director of the Eurasia Center’s into a market. I have a hard time seeing how state governments can China program and vice president of global business development do this either,” Torabi wrote. “I wouldn’t be happy to see my tax for the Eurasian Business Coalition. Recent activities include attend- dollars subsidize insurance for someone who smokes, or even some- ing a reception in honor of Tsakhia Elbegdorj, president of Mongolia one who skydives. But this is better than government control over (pictured); speaking with Sen. Richard Lugar, R-Ind., at an event our legally permitted activities. From my perspective, we shouldn’t sponsored by Republicans Abroad in Washington, D.C.; enabling even try to agree on where to draw such lines — it’s unconstitutional a delegation representing the China Association for International to restrict people’s activities in this way. And yet again, as a matter Friendly Contact to meet with members of Congress; hosting a of policy, we need some type of universal health care system.” reception at the National Press Club that included the ambassador to Malta; and speaking at the Wilson Center’s Kennan Institute regard- To which Seidman replied: “If you indeed believe this, then I think ing privatization strategies in the Russian Federation. He also penned that you are entitled to a free lunch. I’m sorry that you are so far an article, “Privatization in Russia: The Rise of Market-Based Systems away, but I would very much enjoy taking you out to lunch when- in Modern Russia,” in the Diplomatic Courier, a global affairs maga- ever you are in the D.C. area. There’s no time limit (other than my zine, and was interviewed on CCTV during Chinese President Hu life expectancy) on the offer.” Jintao’s luncheon address in Washington, D.C.

72 SPRING/SUMMER 2012 • GEORGETOWN LAW ALUMNI

Jason Licht was 2002 elected partner at 2003 2004 Latham & Jamie Beaber (LL.M.) has been Brian Bieluch has been promoted Sharon Nokes Watkins, where he promoted to partner at Steptoe to partner at Covington & Burling, has been practices in the & Johnson, where he focuses his where he focuses his practice on promoted to of firm’s Washington, practice on intellectual property and intellectual property and appellate counsel at Caplin international trade litigation. He is D.C., office. Licht litigation. He has represented a wide & Drysdale. She based in Washington, D.C. is a corporate attorney with range of technology clients in mat- joined the firm in significant experience in capital ters involving electronics, software, 2008 as an Brigitte Daniel, markets transactions, including financial services, semiconductors associate in the exempt organiza- executive vice private and public securities and display technologies. tions group. president of Wilco offerings, as well as general Electronic corporate and securities matters and Jennie Krasner has joined the Joshua Pond has Systems, has been company representation. health care and life sciences practice been named a appointed to the of Epstein Becker Green, working in principal at Fish Federal Michelle N. the firm’s Washington, D.C., office. & Richardson. He Communications Lipkowitz has She was previously a white-collar works in the firm’s Commission’s Federal Advisory joined Saul Ewing and securities litigation associate at Washington, Committee on Diversity in the Digital in Baltimore as a a firm in Princeton, N.J. D.C., office and Age by FCC Chairman Julius partner in the focuses his practice on intellectual Genachowski. Wilco Electronic litigation Chris D. property counseling. Systems is one of the last remaining department. She African-American owned cable Krimitsos, an represents clients in the financial, operators in the nation, providing associate at Farrell retail and telecommunications cable services, telecommunication Fritz, was 2005 industries in litigation involving appointed to the services and security systems for the Rachel Eisen- contractual disputes, shareholder Child Care past 31 years. haure has joined disputes, consumer class actions, Council of the Boston office Brenna DeVaney was honored at mortgage fraud, lender liability, Nassau’s board of directors, of White and the Sanctuary for Families, Above construction and products liability. beginning September 14, 2011. He Williams as an & Beyond Pro Bono Achievement concentrates his practice on general associate in the Awards and Benefit in New York Michael S. Sheitelman (LL.M.) corporate matters, sales and firm’s commercial City in November. DeVaney, a pro has joined the Fort Lauderdale office acquisitions of businesses and litigation practice group. She was bono associate at Skadden Arps Slate of GrayRobinson as a shareholder compliance of SEC reporting previously an assistant district Meagher & Flom, received the award in the firm’s real estate practice. companies. for her extraordinary commitment to Sheitelman brings a diverse back- attorney in Massachusetts. Sanctuary for Families and all of its ground in the real estate sector, Allison Kropp clients, and for her leadership in the Jacquelyn including property development and (F’97), an effort to end domestic violence. Pinnell Reed, an acquisition. attorney in attorney in the Dinsmore’s Mel M. Justak (LL.M.) was named a Chicago office of David Suchar has Cincinnati office, partner in the Chicago office of Reed Quarles & Brady, joined the was recently Smith. He practices in the firm’s has been named litigation group at elected to the wealth planning group. to the list of “40 Maslon Edelman Beech Acres Parenting Center’s Borman & Brand, Illinois Attorneys Under 40 to Stephanie Kosta board of trustees. The nonprofit a commercial law Watch” for 2011 by the Law Bulletin was named a organization serves families and firm based in Publishing Co. She is an attorney in partner at Duane children in the Cincinnati area. Minneapolis. He previously served the commercial litigation practice Morris. She as a federal prosecutor at the U.S. group. practices in the Melanie Shirley firm’s Philadelphia Attorney’s Office in Atlanta. Taylor and her Edward office, and she husband, Lon, Renenger was represents a Chad Wiener welcomed a baby named a diverse clientele in complex business (LL.M.) was girl, Mona, on shareholder at litigation, class actions, liquidation elected partner at May 2, 2011. Stevens & Lee in and bankruptcy, and employment Quarles & Brady. Taylor was also Reading, Pa. He is disputes, including appeals and He is a member of promoted to partner at Bendin, an employee petitions to the Supreme Court of the the corporate Sumrall & Ladner in Atlanta, where benefits attorney who concentrates United States. services group in she focuses on medical malpractice his practice on qualified retirement the firm’s Milwaukee office. defense and premises liability. Chrys D. Lemon (LL.M.) was plans. appointed to the board of directors of Phillips Theological Seminary. He is an attorney in Washington, D.C., and a former pilot instructor in the Air Force.

SPRING/SUMMER 2012 • GEORGETOWN LAW 73 ALUMNI

Molly Shima Jessica R. O’Neill has joined Hang- practices in the white-collar crime/ 2007 McDonnell (C’04) ley Aronchick Segal Pudlin & Schiller special matters area. was honored at the as an associate. She focuses her Daniel Berner was honored at the Sanctuary for practice on a range of litigation and Sanctuary for Families, Above & Be- Families, Above & environmental matters. O’Neill previ- yond Pro Bono Achievement Awards & Beyond Pro Bono ously served as an assistant regional 2009 Benefit in New York City in November. Achievement counsel for the U.S. Environmental Leah (Blom) Berner, an associate at Cleary Gottlieb Awards & Benefit Protection Agency, Region 3, and as a Grossi was Steen & Hamilton, received the award in New York City in November. counsel to the National Commission honored at the for his willingness to embrace highly McDonnell, an associate at Davis Polk on the BP Deepwater Horizon Oil Sanctuary for complex asylum and trafficking matters & Wardwell, was honored for “her Spill and Offshore Drilling. Families, Above & and for securing safety and indepen- unwavering commitment to her clients Beyond Pro Bono dence for his clients. and for compassionately and fervently Achievement fighting for the rights of domestic Awards & Benefit violence victims.” 2008 in New York City in November. Andrea S. Tazioli Grossi, an associate at Kramer Levin (S’03), an Naftalis & Frankel, received the associate in the award “for her unflinching belief in CONTINUING LEGAL EDUCATION CALENDAR Phoenix office of her client and ardent advocacy on her Quarles & Brady, behalf in multiple complex immigra- was appointed to tion matters.” SPRING-FALL 2012 serve on the Lodestar Day Lt. Col. Michael McGinley and Resource Center’s board of directors. Sarah Eisenhandler McGinley were MARCH JUNE She is a member of the firm’s married at St. Augustine Church in 8-9 3-8 commercial litigation group and also Washington, D.C., in September 2010. Corporate Counsel Institute The eDiscovery Training 2012 Academy 2012 LAW CENTER LAW CENTER 28-30 11-15 2008 Tessa K. Hessmiller Advanced Commercial Leasing AGA Executive Leadership Institute 2012 Training Program for Energy LAW CENTER Professionals LAW CENTER APRIL SEPTEMBER 18 Issues in Nonprofit Governance: 5 Empowering Board Leadership Bankruptcy: Views from the LAW CENTER Bench LAW CENTER 19-20 Representing and Managing 20 Tax-Exempt Organizations 2012 Global Antitrust Symposium Tessa K. Hessmiller recently launched a new company called Kutoa RENAISSANCE HOTEL, LAW CENTER (meaning “to give” in Swahili), which connects socially conscious WASHINGTON, D.C. travelers with trips that benefit important social causes in the com- DECEMBER munities they visit. “The idea for Kutoa has been developing since the MAY 6-7 year before I entered undergrad, when I took a gap year to Tanzania to teach English at a rural primary school,” writes Hessmiller, who 24 Advanced eDiscovery Institute now practices law in Kansas City. During her year in Africa, Hessmiller Corporate Counsel Institute RITZ-CARLTON, TYSON’S befriended a young student named Florah and pledged to sponsor her Europe CORNER education through secondary school. She ended up raising funds to MADRID, SPAIN support Florah through university as well, and the student graduated 25 Dates are subject to change. last fall with a bachelor’s degree in teaching. Since that year, Hessmill- Corporate Counsel Institute For more information, contact er has also traveled to various countries and noted the ways that es- Europe Alumni Reception the Continuing Legal Education tablished hotels, ecolodges and adventure companies actively engage MADRID, SPAIN office at 202-662-9890. E-mail: with their local communities. “I realized that there is no centralized, [email protected]; user-friendly place to locate all of these types of companies,” she says. Website: www.law.georgetown. “We are hoping to reach a worldwide market of socially conscious edu/cle/. travelers who want their travel money to make a difference.”

74 SPRING/SUMMER 2012 • GEORGETOWN LAW ALUMNI

2010 UPDATE ON THE ANNUAL FUND Mujadala Abdul-Majid has joined Epstein Becker Green’s health care and life sciences practice, working Dear Fellow Alumni, in the Washington, D.C., office. She previously served on the biomedical As chair of the Georgetown Law Annual Fund I take great pride in knowing that research committee of Georgetown University’s Institutional Review amidst the ever-changing legal and economic environments, our alma mater Board. Before law school, Abdul- is committed, now more than ever, to supporting current students and recent Majid was a regulatory associate at a clinical research organization where graduates and to serving the greater alumni body. she reviewed informed consent docu- As Georgetown Law prepares today’s students for future practice, it con- ments for NIH guidelines and FDA tinues to be a great innovator, to lead in the area of experiential learning and to regulatory compliance. establish curricula that strengthen the link between theory and practice. This issue of Georgetown Julia L. Ernst Law outlines some of these valuable new offerings. (LL.M.) has joined the faculty In order to best prepare and serve current students, Georgetown Law needs the support of our of the University alumni community. In October, Georgetown University and the Law Center publicly launched For of North Dakota School of Law, Generations to Come: The Campaign for Georgetown. The campaign priorities include expanding teaching our scholarship program, recruiting and supporting world-class faculty, broadening our clinical, constitutional law, legislation, health law, and gender experiential learning and public interest offerings, and adding courses and programs that better and the law. She was previously a connect the Law Center to the federal government, agencies and international organizations. The visiting associate professor at Georgetown Law, where she also Law Center will be a transformed place at the end of the campaign. served as executive director of the I am truly inspired by and grateful for the strength of our community. Georgetown Law alumni Women’s Law and Public Policy have generously supported current and future students by already donating over $1.5 million to Fellowship Program. the 2012 Law Annual Fund. These donations provide the much needed bridge between tuition revenue and the actual cost of operating the Law Center. The collective contributions, regardless of 2011 their size, support the gamut of student programs, creating an unparalleled experience for students. Amanda (Silk) Donations to the Law Annual Fund are a critical component of the For Generations to Come cam- Baer married high- school sweetheart paign. The Law Center has a goal of raising $150 million over the course of the campaign. You can Jared Baer on help us achieve that goal by making a gift to the Law Annual Fund. August 20, 2011, at Providence Georgetown Law is poised for even greater success, and I hope you will join me in supporting College in the next generation of Georgetown lawyers by making your contribution today. Providence, R.I. Jared works for the Department of Thanks again for your generous support. Defense; Amanda joined Mirick, O’Connell, DeMallie & Lougee in Worcester, Mass., as an associate. Sincerely,

Ashley Waddell (L’11) has been selected one of the 2012 Skadden Fellows, a group of 28 graduating law Sarah E. Cogan (L’81) students and judicial clerks who are devoting their professional careers National Chair, Law Annual Fund to public interest work. Waddell will work with the Legal Aid Society of the District of Columbia, providing direct representation, community education, impact litigation and law reform advocacy on debt collections and other consumer law issues that STAY IN TOUCH disproportionately affect D.C.’s low- income community. Are you receiving Georgetown Law’s monthly e-newsletter? If not, you’re missing a link to news, videos, stories, photographs, happenings and upcoming events at the Law Center. To subscribe, contact [email protected].

SPRING/SUMMER 2012 • GEORGETOWN LAW 75 ALUMNI

Celebrate your connection to Georgetown Law. Reunion 2012 October 19-21 For more information visit www.law.georgetown.edu/reunion

LAW ALUMNI CALENDAR SPRING-FALL 2012

MARCH 25 24-25 JULY OCTOBER 21 Recent Alumni Happy Corporate Counsel 14-19 19-21 Recent Alumni Happy Hour Institute Europe National Bar Association Reunion Weekend Hour WASHINGTON, D.C. MADRID, SPAIN Annual Conference LAW CENTER WASHINGTON, D.C. LAS VEGAS, NEV. 26-29 25 19 24 John Carroll Weekend European Law Alumni Golden Years Alumni AUGUST Annual Scholarship CHICAGO, ILL. Advisory Board Meeting Luncheon Luncheon Corporate Counsel 13-17 LAW CENTER LAW CENTER MAY Europe Alumni Reception Early Interview Week 20 16 MADRID, SPAIN WASHINGTON, D.C. Paul Dean Awards APRIL Recent Alumni WASHINGTON, D.C.

Happy Hour 4 JUNE SEPTEMBER 21 Hart Lecture WASHINGTON, D.C. 6 Recent Alumni Happy BLSA Reunion Brunch LAW CENTER Recent Alumni Happy Hour 19 LAW CENTER Hour 20 Graduation Gala WASHINGTON, D.C. WASHINGTON, D.C. Women’s Forum NATIONAL PORTRAIT Student-Alumni Section Events are subject to LAW CENTER GALLERY 18 Dinners change. For more 21 20 Supreme Court Swearing- LAW CENTER information, please contact [email protected]. D.C. Street Law 40th Commencement In Ceremony edu. Anniversary Celebration GEORGETOWN WASHINGTON, D.C. LAW CENTER UNIVERSITY

76 SPRING/SUMMER 2012 • GEORGETOWN LAW ALUMNI

UPDATE ON THE LAW ALUMNI BOARD

Dear Friends,

Washington, D.C., is a frenetic city, especially in a presidential election year. Georgetown Law, which regularly provides a large number of professors and graduates to White House and congressional positions, is even more of an opportunity magnet during these exciting years. Students who get in on the ground floor of a campaign will find that whether their candidate wins or loses they will have a life-alter- ing experience with a host of great memories. The value of a Georgetown Law education is enhanced through alumni activities that link us to a worldwide network of 40,000 alums and regularly bring us back to campus. The 2011 reunion in October brought together more than 1100 alumni and guests, as we honored classmates who have made contributions to their communities and to our nation, including Minority Whip Steny Hoyer (L‘66) and President Clinton’s Chief of Staff John Podesta (L’76). Other highlights included a conversation with former Sen. George Mitchell (L’61) and a panel of professors and Hill staff representing both sides of the U.S. Supreme Court’s Affordable Care Act case — a timely event that would be hard to duplicate in any other city or school. As we approach the successful conclusion of another academic year we have much to be proud of at Georgetown Law — our academic excellence, our students and our innovative thinking. Additionally, some tremendous alumni accomplishments hit the news recently as Jack Lew (L’83) became President Barack Obama’s new chief of staff and David Mao (L’93) became Congress’s new law librarian. You may recall a conference on campus last spring at which Dean William M. Treanor called for Georgetown Law to take a leadership role in establishing a congressional clerkship program. As described in the article on page 40, this program seeks to bring to Congress the same sort of legal talent and opportunities long available in the judicial branch. As a bill continues to make its way through the legislature, you can meet the two working congressional clerks on the Hill, both Georgetown Law graduates. For more information, visit www. congressionalclerkships.com. As we read profiles of our amazing 1L students (beginning on page 18), we can take collective pride in knowing that our alumni community is helping to select these students more than ever before. The alumni interview program began in 2007 and has grown significantly. To meet some alumni interviewers, see the article on page 66. For more information or to sign up, visit www.law.georgetown.edu/admissions/AdmissionsInterviewProgram.htm. And remember, you need to sign up every year if you wish to participate in the alumni interview program. The sense of camaraderie and connectedness across the alumni community remains strong and vibrant — and it’s fostered by people like you. The spring Law Alumni Board meeting will be Saturday, March 24, immediately following the scholarship luncheon. As usual, we will have a Hogan Society reception the night before, on Friday, March 23. The Women’s Forum will be held April 20 at the Law Center. Finally, some of you are planning to attend the John Carroll event in Chicago on April 26–29. Two of the John Carroll honorees are law graduates, Michael Karam (F’72, L’76, LL.M.’81) and Lee Miller (B’69, L’73). Looking even further into the future, our 2012 alumni reunion is October 19–21. Members of classes ending in 2 and 7, take note. The reputation of Georgetown Law is one of our greatest assets, and we are the school’s most important advocates. Your professional and volunteer efforts communicate the value of a Georgetown Law education. Your work helping guide new students and your financial contributions to scholarship programs and endowments are essential to the Law Center’s continued success. Let me close by urging you to stay in touch. If you are not receiving the monthly alumni newsletter, contact NewsInBrief@law. georgetown.edu. If you would like to suggest topics to cover at Law Alumni Board meetings, write me at [email protected] or Alumni Direc- tor Matt Calise at [email protected]. As we continue to enhance the career opportunities of our students, your comments and connections are more welcome than ever before. Looking forward to seeing — or hearing from you — soon.

Sincerely,

Floyd Ciruli (L’76) Chairman, Law Alumni Board

SPRING/SUMMER 2012 • GEORGETOWN LAW 77 ALUMNI Alumni Events

ALUMNI WEEKEND: “STATE OF GEORGETOWN LAW” John Podesta (L’76) and Rep. Steny Hoyer (L’66), D-Md., conversed with Dean William M. Treanor on Saturday, October 15, in Hart Auditorium at the “State of Georgetown Law” event. Josh Kern (L’01), pictured center left, and Malika Saada Saar (L’01), not pictured, were honored at the event with the 2011 Robert F. Drinan, S.J., Law Alumni Public Service Award.

ALUMNI WEEKEND: A TASTE OF D.C. Center right: Markus Roehrig (LL.M.’01), Marzio Ciani (LL.M.’01) and Andre Uhlmann (LL.M.’01) at the “Taste of D.C.,” a lunch on the Tower Green.

ALUMNI WEEKEND: GOLDEN YEARS LUNCHEON Fred Walton (C’38, L’41), bottom left, was the SAM HOLLENSHEAD (4) most senior alumnus to attend Reunion Weekend 2011. He shares a story at the Golden Years Alumni Luncheon on October 14. Stanley Glod (L’61) (center) with Bob Nix (L’61) and Richard Phelan (L’61). Paul Quinn (L’61) and Sen. George J. Mitchell (L’61) were also at the luncheon.

Opposite page: ALUMNI WEEKEND: GALA Top left: Timothy O’Connor (L’61), Richard Phelan (L’61), Jerry Burke (L’61), Bob Nix (L’61) and Robert Tucker (L’61) in a 50-year reunion group shot. Top right: Paul R. Dean Alumni Award winners Rufus King (L’71), Ted Burke (L’86), Maurita Coley Flippin (L’81), Jules Kroll (L’66) and John Podesta (L’76). Center: A view of the crowd in the Robert and Arlene Kogod Courtyard at the Donald W. Reynolds Center for American Art and Portraiture. Center right: Lynn and Jules Kroll (L’66) with Peter Hurtgen (F’63, L’66). And Jafar Ahmad, Stephen de Boer (LL.M.’91), Daniel Wuersch (LL.M.’91) and Suzanne Wuersch.

ALUMNI WEEKEND: BLSA BRUNCH Bottom left: Donna Daley (L’81) with daughter Danielle Daley (F’15).

NEW YORK ALUMNI EVENT Bottom center: Rich Jacobson (L’87) with Dean William M. Treanor at a November 9, 2011, New York Regional Council event, sponsored by Weil Gotshal Manges. Bottom right, top: Ada Davis (L’02), S. Jeanine Conley (L’02), Edna Wells Handy (L’76) and Charles D. Dixon (L’73). Bottom right, corner: Elizabeth Schwartz (L’97), Susan Meisel (C’81, L’86) and Marjorie Flannigan (C’82, L’86) with Dean of Admissions Andy

Cornblatt. SHAPIRO (3) SCHWAB HILARY

78 SPRING/SUMMER 2012 • GEORGETOWN LAW ALUMNI SAM HOLLENSHEAD (6) HILARY SCHWAB SHAPIRO SCHWAB HILARY SAM HOLLENSHEAD (3)

SPRING/SUMMER 2012 • GEORGETOWN LAW 79 ALUMNI In the Public Interest

Youth Court Helps District Teens

ou’re a young teen in the District of YColumbia, and you’re arrested for simple assault, possession of marijuana or disorderly conduct. As a first-time offender, do you really belong in the juvenile justice system? Fortunately, there’s Youth Court, where teens can have their cases heard by a true jury of their peers. As a recent New York Times article noted, Washington, D.C.’s Youth Court was founded in 1996 by Superior Court Judge Arthur Burnett Sr. and University of the District of Columbia Law Professor Edgar Cahn. Affiliated with the U.S. Attorney’s Office for the District of Columbia and the 6th District Metro- politan Police Department, it’s a voluntary diversion program where young offenders are held accountable for their actions. A volunteer judge conducts the hearing; the OFFICE U.S. ATTORNEY’S Matthew Emmick, 2L, Howard University Law Center; Ryan Guptill (C’10, L’13); Brenda Horner, supervisory teen jurors are either willing volunteers or community outreach specialist, U.S. Attorney’s Office for the District of Columbia; Holly Eaton, director of previous respondents who are serving as ju- pro bono programs at OPICS, Georgetown Law; Julia Irving, 6th District community outreach coordinator, Metropolitan Police Department. rors as a part of their sentences. The point is not to determine whether the teens did Anacostia River. East of the River Youth (OPICS). An average court weekend may the things that got them arrested, but why. Court, which operates out of Friendship see as many as 10 to 15 volunteers from “They are asked not only what hap- Collegiate Academy on Minnesota Avenue, Georgetown Law, along with those from pened … but about what’s going on more was designed to alleviate the burden of Howard University School of Law, the U.S. broadly … do you have a mentor or a traveling downtown for parents and teens Attorney’s Office and the community. role model? Is there someone positive in in Wards 7 and 8. For their efforts, Guptill, Phillips and your life?” says Ryan Guptill (C’10, L’13), Phillips, who came to law school to do Eaton were profusely thanked in an East who volunteers his time as a Youth Court criminal defense work, found the program of the River Youth Court appreciation cer- manager along with Amy Phillips (L’13). particularly appealing. “You can take kids emony in January. “What’s your relationship with your family? and turn what’s happening to them into a “I just never dreamed we’d get the sup- How are you doing in school? We’re all here positive experience, a learning experience, port that we’ve gotten from Georgetown,” to try and figure out why this happened and something that can improve the quality of said Brenda Horner, supervisory communi- what we can do to help you prevent it from their life,” she says. ty outreach specialist at the U.S. Attorney’s happening again.” The East of the River Youth Court was Office for the District of Columbia, where Guptill and Phillips got involved in the most popular 1L pro bono service proj- the celebration was held. “The students Youth Court in the fall of 2010 when — as ect at Georgetown Law during 2011-2012, just keep coming — and they’re disap- part of their 1L pro bono service projects according to Holly Eaton, director of pro pointed if there’s not enough work for them — they had the opportunity to help start bono programs at the Law Center’s Office to do.” a new branch of Youth Court east of the of Public Interest and Community Service

80 SPRING/SUMMER 2012 • GEORGETOWN LAW Spotlight: Michael D. Jones (L’85)

aving a successful national litigation practice doesn’t leave Hmuch time for TV reruns and old movies, but when Mi- chael D. Jones (L’85) does tune in, he likes to watch Westerns. Why Westerns, for a Washington-based lawyer? They’re predictable, he says, and the good guy almost always wins. “‘Gunsmoke,’ ‘The Rifleman,’ you name it … any Western TV series or movie that’s any good I’ve seen dozens of times,” says Jones. “I can recite chapter and verse from them.” Fitting words from the son of a Baptist deacon who would become one of the top litigators in Washington, D.C., and the country. In his 26-year career, Jones, a partner at Kirkland & Ellis, has been recognized for his legal prowess by The American Lawyer, The National Law Journal, Washingtonian magazine and Black Enterprise — just to name a few. The American Lawyer highlighted Jones’ successful defense of NL Industries (a critical lead paint case) in a 2008 article called, appropriately enough, “Kirkland & Ellis: Top Guns.” When Georgetown Law caught up with Jones, he was prepar- kind of the colorful lawyers from Texas, the criminal defense ing for a six-week bench trial before Judge Catherine Blake in lawyer Richard ‘Racehorse’ Haynes and of course I’d heard about federal district court in Baltimore — where he would argue that F. Lee Bailey … so I thought litigation was probably the best fit,” the state of Maryland had not met its obligations to fully disman- he says. tle vestiges of segregation in its historically black colleges and His law school days were memorable, due to a position as universities. He serves as pro bono co-counsel to the Coalition notes and comments editor on the Georgetown Law Journal and for Equity and Excellence in Maryland Higher Education, which a course in criminal law taught by the late legendary Profes- sued the Maryland Higher Education Commission in 2006 over sor William W. Greenhalgh. “He was straight out of ‘The Paper policies and practices affecting the schools. So, what gets Jones Chase’… he made it very, very challenging and it made law fired up about being in the courtroom? school live up to what many of us were thinking it was going to “Being a litigator and a trial lawyer, it’s a sporting event: be like from watching the [TV] series,” Jones says. cross-examining a witness or doing a direct examination … argu- After clerking for Judge Elbert Tuttle, then on the 11th ing to a jury or a judge, it’s very exciting,” he says. “I enjoy the Circuit Court of Appeals, Jones joined Kirkland & Ellis, figuring trial aspect of it and I’ve been fortunate to be able to try cases he’d stay in Washington a few years before moving on. A quarter in very different parts of the country, with and against lawyers of a century later, he’s still here — giving him the opportunity to from all over the country — you get to see varying styles and try lend his time and support to the Law Center. Jones serves on the to figure out what works and what doesn’t work. Those are the Board of Visitors, attends the Black Law Students Association kinds of things that I really get excited about, just the art of trial (BLSA) brunch during reunion weekends, co-chairs George- advocacy and the art of litigating.” town Law’s African-American Endowed Scholarship Fund, and From public speaking as a boy at church programs in Shreve- co-teaches a trial practice course, among other things. He was port, La., Jones turned to speech, debate and drama in high awarded a Paul R. Dean Award in 2010 for his service to the school and met his fate in part when a former English teacher school. introduced him to Carl Stewart, now a judge on the 5th U.S. “Education is something that I really have become de- Circuit Court of Appeals. Jones was in the process of choos- voted to,” Jones says, noting that he and his wife, Shaun, have ing a college, and Stewart, who was then working in the U.S. endowed a scholarship at Dillard University as well as a scholar- Attorney’s Office in Louisiana, encouraged him to attend Dillard ship fund in Louisiana for the NAACP. (The Jones family also University, his alma mater. includes Maria, Lori and Michael Jr.) “I look at my own career; Jones would major in English, but became interested in when I was growing up we didn’t have two cents to rub together,” Georgetown Law’s joint J.D./master of science in foreign service he notes. “It was really through educational opportunities at program after spending his junior year in England and, later, Dillard and subsequently at Georgetown that I was able to carve taking an arms control and disarmament course at Dillard taught out a space.” by a visiting State Department official. He ultimately decided to pursue litigation instead. “The lawyers I was familiar with were — By Ann W. Parks Georgetown University Law Center 600 New Jersey Avenue, N.W. NON-PROFIT ORG. Washington, D.C. 20001-2075 U.S. POSTAGE PAID PPCO