Powering up Innovative Thinking, the Anbryce Scholarship Program Has Helped Scores 2016 of Students Chart Paths to Success—Including Cravath’S |

2016 • POLICING PROJECT • CORPORATE LAW CLOSE‑UP • CYBERSECURITY: LAW MEETS TECH Nonprofit Org. Y LAW NYU US Postage PAID Office of Development and Alumni Relations St. Louis, MO 22 Washington Square North Permit # 495 New York, NY 10011–9108 THE MAGAZINE OF NEW YORK UNIVERSITY SCHOOL OF LAW

Ideasfrom NYU Law Powering Up Innovative thinking, The AnBryce Scholarship Program has helped scores 2016 of students chart paths to success—including Cravath’s |

illuminating scholarship. VOLUME XXVI first Latina partner, Damaris Hernández ’07. www.law.nyu.edu/ideas THE WAYS OF GIVING PLANNED NYU LAW GIVING FUND Weinfeld Program The Weinfeld Program is NYU School of Law’s most prestigious donor recognition group. We invite you to join the program by committing to annual gifts at one of the following levels:

WEINFELD BENEFACTORS $25,000 or more WEINFELD PATRONS $10,000 or more WEINFELD ASSOCIATES $5,000 or more WEINFELD FELLOWS $1,000 or more Until your 10th Reunion Wallace-Lyon-Eustice Associates $5,000 or more to the Graduate Tax Program Save Support the Law School Your contribution has a and its students with a direct impact on student Vanderbilt Associates the Alumni and friends who give $1,000 or more Date! planned gift. opportunity and success. to the Law School during a single fiscal year Help strengthen the Law School and ensure Please support the work our scholars and NYU Law gift plans are flexible and tailored to a meaningful legacy that will enrich the lives advocates are passionate about and help fit your unique circumstances. Your gift can be April 28–30, 2017 of students for years to come. students achieve their goals. customized to best fit your financial picture.

n May, I proudly watched graduates—most of whom were by our corporate law faculty—including its newest member, just beginning their 1L years when I came to NYU Law— Professor Edward Rock. We will continue to train students for walk across the stage to accept their degrees. When I first the jobs of today and tomorrow, to prepare them to succeed both arrived here, I often spoke about how inspired I was by the at law school and in their careers, and to ensure that our alumni Law School’s dedication to justice and to serving the public and the wider community are part of that evolution. interest. National and international events have since under- To that end, NYU School of Law spent the past year devis- scoredI the need for that commitment—and for a global perspec- ing a strategic plan that we will launch this year. Thank you to tive that encompasses multiple viewpoints. all of you who participated in the process. Against the backdrop These are challenging times. The rate of technological, eco- of our dedication to global engagement and public service, the nomic, and political change is accelerating even as the world Law School is committing to positive growth in three key areas: becomes more complex—and, at times, seemingly more divi- innovation in legal education, diversity and inclusion, and stu- sive. Instability abounds in countries around the world. Here and dent success. As we begin, we are in the enviable position of act- abroad, partisan rhetoric and ad hominem attacks often displace ing not in response to an institutional crisis, but from a place rigorous inquiry and genuine debate. And for all its virtues, our of strength—building upon the thought leadership of our fac- own legal system’s deficiencies—including how it treats margin- ulty and the work we have already done. This year, for example, alized communities and disadvantaged groups—are palpable. the AnBryce Scholarship Program—which helps students who In this climate, I continue to be inspired by our community, have faced challenging social and economic circumstances— not only as it has responded to trauma with messages of warmth both awarded its 100th scholarship and saw program graduate and inclusion, but also in the concrete work being done here Damaris Hernández ’07 become the first Latina partner at to make the world more just. Professor Rachel Barkow’s Clem- Cravath, Swaine & Moore. Her profile ency Resource Center successfully pursues the commutation of and the many others you will read here lengthy sentences for non-violent offenders. The students of the about our groundbreaking JD and Suspension Representation Project help younger students stay graduate alumni illustrate just what out of the school-to-prison pipeline. Professor Barry Friedman’s kind of mark our community is mak- Policing Project addresses fundamental questions about demo- ing on the world. cratic oversight of police and engages police and citizens around But there is always more to do, and the substance and process of law enforcement policymaking. We we can always do better. It is impor- use our convening power, such as at a recent conference, to gather tant to me and to the NYU Law commu- judges, legal practitioners, and scholars to discuss action steps nity that our commitment to these toward closing the civil justice gap in the United States. Beyond goals is more than rhetoric, so our campus, members of the broader NYU Law community con- you can expect to see continue to lead by example in myriad pursuits of justice both domes- crete action toward real- tically and internationally. The law touches nearly every important izing them in the coming issue of the day, and in these pages you will see how our faculty, year and beyond. The alumni, and students are using the law to bring people together future of the profes- for positive change. sion is ours to shape. I Here at the Law School, we pride ourselves not only on lead- look forward to work- ership and service, but also on our history of innovation. As the ing with all of you to world continues to change, it is more vital than ever that we chart do just that. our course with intention—not just to keep pace but to set the pace. We do this through projects like our collaboration with NYU’s Tandon School of Engineering around cybersecurity issues, a pioneering database developed by Professor Stephen Choi and his students that comprehensively documents SEC enforcement actions, and the blending of theory and practice epitomized trevor morrison 2016 • volume xxvi assistant dean for communications Rebekah Carmichael creative director David Niedenthal editors Rachel Burns, Patricia Cunningham, Atticus Gannaway, Michael Orey, Jill Rachlin Marbaix, Michelle Tsai designers 4 53 79 Michael Bierman, Jessica Eckert, Cheryl Hark, Kara Van Woerden Dicta Arguments Relevant design coordinator & Opinions Parties Christine Perez writers Rachel Burns, Atticus Gannaway, Leslie Hart, Christine Perez, Michael Orey, Jill Rachlin Marbaix,

Gina Rodriguez, Michelle Tsai Kim Taylor-Thompson editorial coordinator inspired “Kim’s Song,” a jazz Gina Rodriguez composition; New York State’s Mervyn King discusses Vanita Gupta ’01 and Frances special acknowledgment former Chief Judge Jonathan the future of banking Daniels LLM ’86, ’87 speak at Jeanhee Kim, former Lippman ’68 will lead reform and the global economy; Convocation; members of the Managing Editor of Rikers Island; Christopher Katherine Strandburg takes class of 2016 reflect on their contributing writers Jon Sprigman and students a legal lesson from medical time at NYU Law; alumni Jane Sujen Bock ’85, Rucha Desai ’16, create The Indigo Book; and procedure patenting; Erin celebrate Reunion 2016; the Albert Farr LLM ’16, Jennifer Frey, Mallika Dutt ’89 and Bryan Murphy examines genetic Graduate Tax Program marks Ellen Rosen ’83 Stevenson win awards for identification’s misuse; two anniversaries; John photographers social entrepreneurship. Jeremy Waldron proposes Sexton receives the Judge Mathieu Asselin, Abby Cope, political theory that brings Edward Weinfeld Award. Dan Creighton, Phil Gallo, real-world institutions back Sam Hollenshead, Saskia Kahn, into the equation. Elena Olivo, John Roemer, Brooke Slezak, Juliana Thomas 35 96 copy editors The People Heidi Ernst Jones, Kristin Maffei, Closing Kelli Rae Patton, Kathleen Schienle 67 director of digital content Proceedings Statements Jill Rachlin Marbaix web director Clayton Gates digital media specialist Leslie Hart Matthew Johnson ’93 becomes president of the Los editorial assistants

Mary Liu, Francesca Masella, Angeles Police Commission; Barry Friedman and his Three Supreme Court justices Valentina Robotti, Erika Sha Stephanie Toti ’03 argues— team at the Policing Project visit NYU Law; the Forum and wins—her first case are working in communities Photo retouching by Tito Saubidet on Law, Culture & Society before the Supreme Court; across the country to drive Cover photo: Juliana Thomas turns 10; Christopher Meade NYU welcomes a new greater engagement between ’96 recalls his time in the Printed by Full Circle Color president; Stephen Choi law enforcement and those Treasury Department; the Special thanks to the NYU and his students develop whom they serve. Law School’s Leadership Photo Bureau and NYU Archives the Securities Enforcement Empirical Database. Mindset shows students Please send your comments to what successful leaders look [email protected] digital assets like; the Furman Center for © 2016 New York University Real Estate and Urban Policy School of Law. All rights reserved. 52 new faculty is still making its mark after Located throughout the magazine, The Law School two decades; the lawyer who these icons indicate stories with additional video or photo content, welcomes lead- successfully argued against which can be accessed online at DOMA at the Supreme Court ing corporate www.law.nyu.edu/magazine. scholar Edward Rock. explains why she took the case. its 100th scholarship. 100th its awards program the & Moore—and Swaine Cravath, at partner Latina first the ’07 becomes Hernández Damaris Scholar AnBryce Advantage The AnBryce 20 and policy on technology and security issues. security and on technology policy and discourse public shapes forCenter Cybersecurity new NYU’s engineering, law and in roots deep With Lines Front Digital 10

best of theory and practice. and of theory best blend the law faculty corporate Law’s NYU methods, teaching innovative their and scholarship groundbreaking for their Known Leaders Corporate 26 impact climate change policy. could administration House White incoming howine an exam environment the and regulation energy in experts alumni and faculty Law NYU NewA Direction Climate Change: 14 the negotiating table and beyond. and table negotiating the a force reckoned with—at is to be ’81 LLM Lieberman Nancy expert acquisitions and mergers accident, skiing adevastating Despite Win to Determined 30

3 NYU LAW 2016 Dicta

Reform Target: “Decisions would never have been made in the high-handed and Rikers cavalier manner that In February, the speaker of the “Rikers is clearly a symbol to bail, and won adoption of occurred in Flint if the New York City Council named of everything that’s wrong rules to protect individuals affected population New York State’s former chief with the criminal justice sys- in debt-collection proceed- group was well-off or judge Jonathan Lippman ’68 tem,” Lippman told reporters. ings. He stepped down from overwhelmingly white. chair of the new Independent “The question is: what do you the court in December 2015, Elected officials would Commission on New York City do about it?” after reaching the manda- have been much more tory retirement age of 70, and careful, there would is now of counsel at Latham & Watkins. “My prior efforts have been a timely to improve the legal system response to complaints play right into my role as rather than summary chair of the new commission,” dismissals of concerns, Lippman says. “It allows and official account- me to continue my work to ability would have ensure the scales of Lady been insisted upon Justice are exquisitely bal- much sooner.” anced and that justice is Criminal Justice and Incar- Working for judicial- not determined by how ceration Reform. As its name system reform is nothing much money you have in implies, the commission’s new for Lippman. During your pocket.” mandate is broad, but its his seven years as chief judge Whatever recommen- John Norton Pomeroy highest-profile assignment of New York State’s highest dations the commission Professor of Law will involve assessing the court, he increased state makes on Rikers are sure PHILIP ALSTON, city’s long-troubled Rikers funding for civil legal services, to be controversial. Says commenting on the Flint, Island complex, which a set mandatory pro bono Lippman: “We will go where Michigan, water crisis growing number of critics requirements for law students, the research, data, and sound in the Detroit News say should close. pushed for new approaches public policy take us.”

Balancing Acts Sarah Brafman ’16 has been selected as a 2016 Skadden Fellow. The prestigious two-year fellowship provides a salary and benefits to enable recipients to pursue public interest work. Brafman will work for A Better Balance (ABB), a national legal advocacy organization dedicated to promoting better workplace policies to help families, particularly those that are low income. She will support efforts to enforce two workplace protection laws that ABB helped pass in New York City: the Earned Sick Time Act and the Pregnant Workers Fairness Act. A former co-president of NYU Law Students for Reproductive Justice, Brafman was also a Ford

W Foundation Law School Public Interest Fellow and a student in the Reproductive Justice Clinic. /MAGAZINE WW.LAW.NYU.EDU 4 submitted andproved toajury. that increases themandatory minimumsentenceforanoffense mustbe and centerasamicusinAlleynev. UnitedStatesandheldthatanyfact On June17,2013,theUSSupreme Courtsidedwithdefendant-petitioner on NewYork’s anticorruptionMoreland Commission. Executive Director NancyHoppockwasselectedtoserveasacommissioner Karas inU.S.v. MalcolmSmith. (2010), andare quotedinadecisionbyUSDistrictCourtJudgeKenneth prior toconvictionin“Prosecuting PoliticalDefendants,” 44Ga.L.Rev. 953 former studentfellow, advocatedfortightermediarestrictions on prosecutors Tony S.Barkow, thecenter’s formerexecutivedirector, andBethGeorge,a 2008 shootingdeathinSyracuseofatransgenderwoman. who wasfoundguiltyoffirst-degree manslaughter asahatecrimeinthe DeLee, urgingthecourttoreinstate the2009convictionofDwightDeLee, with theNewYork StateCourtofAppealsinthecasePeoplev. Dwight Recently thecenter, withco-counselLambdaLegal,filedanamicusbrief as aseniorfellow. Andrew Weissmann, formergeneralcounseltotheFBI,joinedcenter to regulatory crime. Barkow gaveanoverviewoftheproblem ofovercriminalization asitrelates Committee’s Over-Criminalization Task Force. Inhertestimony, Professor On October30,2013,Professor Barkowtestifiedbefore theHouseJudiciary commissioner ontheUnitedStatesSentencingCommissioninJune2013. Faculty Director inasa RachelE.Barkowwasconfirmedandsworn centers/adminofcriminallaw/mercyproject. clemency center. Readmore abouttheMercy Project atwww.law.nyu.edu/ medical conditions.Assuch,weserveasbotha“secondlook”centerand who havedemonstratedremarkable rehabilitation, orwhosuffer from serious is topursuesentencingreductions orcommutationsforfederalprisoners of theFederalDefendersNewYork. ThemissionoftheMercy Project Rosenberg; andDavidPatton,theexecutivedirector andattorney-in-charge Jonathan PolkesofWeil, Gotshal,Manges;HarlanProtass, ofClayman& The centerlaunchedtheMercy Project withthehelpofpro bonopartners THE CENTER’SRECENTACCOMPLISHMENTS

KIM TAYLOR-THOMPSON ILLUSTRATION: RYAN MCAMIS

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The Indigo Book: A Manual of of AManual Book: Indigo The Jon Sprigman, alongside Carl Carl alongside Jon Sprigman, Legal Citation Legal Together, they have created have created they Together, NYU Law students, is work is students, Law NYU what our legal citation sys citation legal our what Org and more than a dozen adozen than more and Org M Uniform System of Citation Citation of System Uniform for all of us to think about about think to of us for all It’s achance them. improve work to can others copyright, ing to make the legal citation citation legal the make to ing The Bluebook The in contained same the to guide free p book ut expressed more more ut expressed t because like, look should tem of free set are rules those The Blue The as rules same the Sprigman says. “ says. Sprigman simply and clearly. “Now that clearly. “Now that and simply here’s a lot of dissatisfaction,” here’s of dissatisfaction,” alot rocess easier for all lawyers. lawyers. for all easier rocess COMMUTATIONS, alamud of Public.Resource. alamud T P FOR CLIENTS , b rofessor Christopher Christopher rofessor contains contains Book Indigo he INCLUDING SENTENCES SERVING 16 16 LIFE 6 , acopyright-

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5 NYU LAW 2016 As New facedown on Doing York State the platform, per- superintendent pendicular to the edge, Good of insurance, Eric M iracle and shouted for the man to Members of the NYU Law Dinallo ’90 helped on 23rd grab his arm as an oncoming M community won two of throw a lifeline to train bore down on the station. five 2016 Skoll Awards for insurance giant AIG Street “I heard the subway horn Social Entrepreneurship: during the 2008 financial blaring and the brakes screeching Mallika Dutt ’89, founder crisis. This past December, he and just grabbed his elbows and pulled and executive director of made another save, this time as hard as I could. The man came up sort Breakthrough: Building lifting a fellow strap- of on top and next to me on the platform. Human Rights Culture, hanger from the path of The subway then immediately came and Bryan Stevenson, an oncoming subway. screeching by and stopped about 40 feet professor of clinical law Dinallo, a partner at past us,” Dinallo wrote in the e-mail. and executive director of Debevoise & Plimpton who teaches business It wasn’t until after disaster was averted— the Equal Justice Initia- ethics and professional responsibility at NYU and the man caught the next F train—that Dinallo tive (EJI). Stern, was waiting on the crowded platform for reflected on how dangerous his actions were. The award comes with the M and F trains at 23rd Street and Sixth Avenue “I did what any of us would have done—I $1.25 million in support in Manhattan when a man appeared to fall onto was just in the right place at the right time, with investments to help each the subway tracks. According to the attorney’s a touch of technical [knowledge] that made organization scale e-mail to co-workers after the incident, which was me feel confident I was not acting recklessly— its work. EJI, published by the American Lawyer, Dinallo lay at least that was my feeling in the moment!” which Steven- son founded in 1989 in the International Criminal Montgomery, Court Moot Competition. Alabama, provides Winner’s Circle Braumann won the top legal representation to Future trial advocates at LLM ’16, Daniel Andreeff ’16, oralist prize and was runner- indigent defendants and NYU Law excelled in two Asmaa Awad-Farid ’17, up for the best written prisoners, including juve- major international moot Rajkiran Barhey LLM ’16, memorial by a prosecutor, nile offenders and people competitions this past year. Megan Henry ’16, Tim while Tandon was runner- wrongly convicted. Students on the Moot Court McKenzie ’16, and David up for the best written memo- Dutt’s nonprofit Board achieved their best Isidore Tan LLM ’16. The rial by a legal representative group combats gender- performance ever in the team earned seventh place of the victims. The team is based violence by Philip C. Jessup International for its written permissions, coached by NYU Law’s using popular Law Moot Court Competi- while Henry was named Center for Human Rights media, lead- tion’s world champion- fourth-best oralist. and Global Justice (CHRGJ) ership, and ships last spring, ranking In March, Saif Ansari former program officer advocacy to in the top eight out of more ’16, Céline Braumann LLM Danny Auron and Bianca transform cul- than 550 teams worldwide. ’16, and Maanya Tandon Isaias ’15 and supported by tural norms in The NYU Law competitors LLM ’16 placed third in the CHRGJ and the Hauser the US and India. Break- included Iqra Zainul Abedin the national rounds of Global Fellows Program. through will use the new funding to expand its program combating Despite gender-based violence decades to 500 US college campuses. of flossing, “How do you shift Vanderbilt Hall culture? Change stories, was encased in use the law, and dream scaffolding for big!” said Dutt. “That’s repair of its dentils— what I learned at NYU toothlike blocks around Law. That’s why I created Breakthrough.” the base of the cornice. DINALLO: DEBEVOISE & PLIMPTON LLP PLIMPTON DEBEVOISE& DINALLO: W /MAGAZINE WW.LAW.NYU.EDU 6 RODERICK HILLS JR. ILLUSTRATION: RYAN MCAMIS career representing indigent clients in New York after graduation, before moving to the West West the to moving before graduation, York New in clients after indigent representing career a Change Change Coast and joining Marion-Polk Legal Aid Services in Salem, Oregon. Nakamoto was managing managing was Nakamoto Oregon. Salem, in Services Aid Legal Marion-Polk joining and Coast shareholder at Markowitz Herbold, where she spent more than two decades, before being being before decades, two than more spent she where Herbold, Markowitz at shareholder ppointed to the Court of Appeals in January 2011. January in of Appeals Court the to ppointed “I appreciated NYU Law’s attention to public interest law,” says Nakamoto, who began her her began who law,” interest Nakamoto, public to says Law’s attention NYU “I appreciated A Election Integrity in laws since 2010,many of thenew rulesaddress onlyin-person Adopt voter onlycommonsense proposals. identification voter whichisrare. impersonation, According totheBrennan harmony. in aahing and oohing of years celebrates 20 Performance Substantial group A cappella 6 Not-So-Easy Steps Review of Law & Social &Social Law of Review for the editor &Comment aNote as served Law, justice the t NYU fraud committed by ortheirsupporters. candidates, parties, 4 Make sure ourvoting machinesare secure andreliable. general Eric Holdernoted at aBrennan Center conference 2 Although halfof US states have voter passed registration Center for Justice, danger theactual comes from election Don’t allow onlinevoting allow Don’t untilsecurityisproven. “The righttovote isunder siege,”“The former US attorney and was also a member of the Asian-Pacific American Law Students Association. Association. Students Law American Asian-Pacific of the amember also was and 3 on automatic voter registration. ABrennan Center report proposes thefollowingreport measures toensure Hello toautomatic andonlineregistration. Hello How to Protect Goodbye toinkandpaperregistration. Protect against insiderwrongdoing. 1 Increase securityof mail-inballots. 5 honest elections andprotecthonest elections voters. 6 Well-Appointed Well-Appointed A Oregon Governor Kate Brown tapped Lynn Nakamoto ’85 in Decem in ’85 Nakamoto Lynn tapped Brown Kate Governor Oregon in business and employment litigation. employment and business in ber 2015 for the state’s Supreme Court. Nakamoto, the first Asian Pacific Pacific Asian first the Nakamoto, Court. Supreme state’s for the 2015 ber before joining the Portland law firm Markowitz Herbold, specializing specializing Herbold, Markowitz law firm Portland the joining before merican on the state’s highest bench, pursued a public interest career career interest apublic pursued bench, highest state’s on the merican

RODERICK HILLS JR. keeps beehives ontheroof of hishomeinBrooklyn Brooklyn hipster orconstitutional law scholar? and makes hisown honey. -

, William T. Comfort,IIIProfessor of Law,

the US of Court Appeals for the Second Circuit graduates clerking on Number Law of NYU in the 2015 term

7 NYU LAW 2016 Crowded Why Your House Grandfather’s If apartment hunting seems Coal Plant Is like it’s gotten tougher, Still Here it may be because you live No major source of in one of the 11 largest electricity pollutes more metropolitan areas in the than an old coal plant. US. According to the NYU Furman Center report So why are so many of these National Affordable Rental clunkers still in service? Housing Landscape, renter Ironically, much of the blame population from 2006 to lies with our nation’s most 2014 grew faster than the important environmental number of rental housing law. Richard Revesz, dean units. As a result, vacancy emeritus and Lawrence King rates have gone down, the Professor of Law, and Jack number of people in a rental Lienke ’11 of the Institute unit has risen, and in most for Policy Integrity explain areas, prices have increased. in Struggling for Air: Power In addition, more renters Plants and the “War on Coal” also struggled to find that the Clean Air Act of 1970 affordable housing in these imposed tough standards on regions; “affordable” rent is defined as being less new sources of pollution, than 30 percent of a but lax or no standards on household’s income. existing sources. As a result, Danger may be Professor ERIN MURPHY’S old facilities stay in business More findings about middle name. The forensic evidence expert holds a motorcycle and new facilities are discour- renting in the 11 largest license, has visited all seven continents, and has swum from aged from coming online. US metro areas: Alcatraz to San Francisco several times. Learn more at oldcoal.info. WASHINGTON, DC, was the least affordable for the typical American renter in a metro area, followed by the San Francisco, LA, The Proof Is in the Putting and NYC metro areas. In Stuyvesant Town, the sprawling residential complex a couple of miles north of the NYU Law campus, Bernie Rothenberg ’39 30% OF NYC RENTERS might be the best-known and most beloved graduate of the spent at least half their household income Law School. The services he provides these days, however, on housing costs. are not legal ones: rather, he is known as the “Golf Pro” of the building complex, and the 99-year-old can often be found COAL ILLUSTRATION: RYAN TODD RYAN ILLUSTRATION: COAL DALLAS AND HOUSTON teaching his fellow residents how to perfect their strokes. | metro areas were the most The New York Times caught wind of Rothenberg’s story affordable to the median last fall and featured a character study of him and what the US renter household. other residents call “The Rothenberg Golf Club,” a practice range covered with turf where Rothenberg hits balls each morning. Rothenberg practiced law for just a short time after graduating from the Law School before being drafted into the ROTHENBERG: DORIE © HAGLER United States Army during World War II and fighting in the | Philippines and Okinawa. He has lived in Stuyvesant Town since he returned to the US. His golf club started only in the past decade or so. Any fellow alumni looking to improve their games can heed Rothenberg’s advice. “Keep yourself relaxed, don’t tighten up,” he told the Times. “Keep your weight on the front foot, elbows tucked into your body. Take a nice rhythmic swing and don’t muscle it. Let the club do the hitting.” ERIN MURPHY ILLUSTRATION: RYAN MCAMIS W /MAGAZINE WW.LAW.NYU.EDU 8 “Democr Affiliated Professor of Politics Jacob D. Fuchsberg December 2015 Professor of Law and NYU Law Review, BARRY FRIEDMAN Game Theory Game p When Adjunct Professor and Senior Lecturer Alan Rechtschaffen teaches derivatives derivatives teaches Rechtschaffen Alan Lecturer Senior and Professor Adjunct When Interest in the class stemmed from legal cases involving the misuse of financial of financial misuse the involving cases legal from stemmed class the in Interest leverage of that particular transaction or roll of the dice.” of the or roll transaction particular of that leverage knowledge to convey key concepts. While backgammon requires strategic skill, it skill, strategic requires backgammon While concepts. key convey to knowledge instruments in the 2008 global financial crisis. crisis. financial global 2008 the in instruments Divisions. Commercial and Appellate York New Court’s Supreme the from State in his course Financial Instruments and the Capital Markets, he uses an unexpected unexpected an he uses Markets, Capital the and Instruments Financial course his in because you could do everything right and then the dice go against you. Similar to to Similar you. against go dice the then and right do everything you could because tool: his backgammon prowess. backgammon his tool: derivatives, there are ways of, over time, increasing the reward of being right. It’s the It’s the right. of being reward the increasing of, over time, ways are there derivatives, says Rechtschaffen. “These things, if you boil them down, are not so complex.”so not are down, them boil if you things, “These Rechtschaffen. says rest of agency for policing to unacceptable unacceptable rocesses that that rocesses gov r “ apply to the This spring, Rechtschaffen led a two-week crash course in derivatives for judges judges for in derivatives course crash two-week a led Rechtschaffen spring, This Ap emain aloof aloof emain You can’t apply correct law unless you understand the transaction really well,” really transaction the you understand law unless You correct apply can’t and unwise unwise and democratic democratic atic Policing,” “It is both ernment.” ast Princeton Club backgammon champion, Rechtschaffen employs that that employs Rechtschaffen champion, Club backgammon Princeton ast from the from the also involves rolling dice and opportunities to double the stakes of stakes double to the opportunities and dice rolling involves also

the day lose money,” Rechtschaffen says. “That’s like backgammon, backgammon, like “That’s says. money,” lose day the Rechtschaffen

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“Obstacles “Obstacles From Big LawSports toObstacle After theircareers asassociates at Cravath, Swaine starting &Moore, Marc Ackerman ’92andJohn Gauch ’96are courseracing nowbothat obstacle companies that relish team spiritandwork If there isonethingattorneys withBig Law experience excel it’s at, competing at thehighestlevels. the impor grow andlearn,” says Ackerman. ing andIBM before Race, helandedat Spartan afirm ness affairs at Tough Mudder, anobstacle race company that hostsavariety president of Spartan Race,president of Spartan Gauch stresses navigate theprofession,” toughandresilient to mentally attorney, whospenttwo inBig decades Law, draws between parallels from three tomore than12miles.Asvice w abound.” which includerope climbsandfire jumpsand range with anint of 10-to-12-mile courses,complete shocksandice withelectric baths. The ethic—and wire theoccasionalbarbed crawl. unknown andthrowing intointenseexperiences oneself ishowwe says Gauch. orking inalargeorking firmandobstacle racing.“Overcoming the fear of the “Attorneys needtobe Ackerman asgeneral serves vice counselandsenior president of legal andbusi Ga uch’s career tookhimtomanagement consult tance of remaining agile. ense lineupof throughoutense obstacles races,

decisions and activities. Morrison Morrison decisions andactivities. was also elected to the American was electedtotheAmerican also facilitate access totherecord of established byestablished Congress tohelp significant security significant US national Board, an advisory committee Board, anadvisory President Obamaappointed Academy of Arts &Sciences Academy of Arts

as chairperson ofas chairperson thePublic AND LAURIE B. ROTH Dean’s List Dean’s TREVOR MORRISON, PROFESSOR OF LAW, the society’s newest class. Interest Declassification as oneof themembersof DEAN AND ERIC M.

9 NYU LAW 2016 W /MAGAZINE WW.LAW.NYU.EDU 10 companies? of kind What cybersecurity? W as well as government and the the and government as well as encrypted the retrieve to able anyone’s device. a partnership between public and private actors,” says Professor Professor says actors,” private and public between a partnership School Tandon NYU the and a what is the appropriate level of appropriate the is what shore to companies enable will for The technologists. with versities to leverage an interdisciplinary approach in cybersecu in approach interdisciplinary an leverage to versities risk management for private for private management risk and of security point meeting computerof Engineering’s for Center NYU established Apple’s help. But without data In users. for all security mise clashed experts policy ensued, into reach to power the ment govern give would request the with complying that warned Cook Tim CEO Apple network. terrorist alarger to tied were shooters the if determine to data exclusive province of the state, cybersecurity inevitably requires requires inevitably cybersecurity state, of the province exclusive ers from law and technology technology law and from ers mer proposed alternatives alternatives proposed mer rity, and CCS’s founding team includes legal experts in national national in experts legal includes team founding CCS’s rity, and questions that arise at the at arise that questions government and private par private and government Cybersecurity (CCS). Acol Cybersecurity private sector. sector. private still rages—drawing in play in rages—drawing still security and counterterrorism, as well as engineering specialists specialists engineering as well as counterterrorism, and security cen the department, science up their digital defenses? And And defenses? digital up their ties interact when it comes to it when comes interact ties the How should technology: vexing the addressing is ter newly the is matrix of this ter over cybersecurity battle the was government the end, the ing the government a “master a“master government the ing in digital forensics and hardware security. hardware and forensics digital in legal and technical framework framework technical and legal Law NYU between laboration compro possibly could key” liberties. civil with interests security national balance to how best latter maintained that giv that maintained latter nd compromises, while the the while nd compromises, “Unlike national security, which, for generations, has been the the been has for generations, which, security, national “Unlike NYU is one of the first uni first one of the is NYU Placing itself at the cen the at itself Placing that debate public the In phone’s the to access sought urgently investigators Federal nia, shooters this spring, it put the issue of cybersecurity of cybersecurity issue it the put spring, this shooters nia, squarely at the center of a long-running US debate over debate US of along-running center the at squarely iPhone belonging to one of the San Bernardino, Califor Bernardino, San one of to the belonging iPhone hen Apple refused to help the FBI unlock an encrypted encrypted an unlock FBI help to the refused Apple hen ------MATRIX THE MAPPING enter The ne n nd lead legal together ILLUSTRATIONS BYKOTRYNAZUKAUSKAITE urgent Cybersecurity BY MICHELLE TSAI MICHELLE BY

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for 67 contributing organizations in 82 countries, attackers attackers 82 countries, in organizations 67 contributing a data breach, according to the RAND Corporation. RAND the to according breach, a data will require a multifaceted approach. At CCS, lawyers and public public and lawyers CCS, At approach. amultifaceted require will of the Law School’s Center on Law and Security (CLS). “And we need Security and on Law School’s Law Center of the required just seconds or minutes to gain access to systems in 93 in systems to access gain to or minutes seconds just required in compromised being information personal their about notified governments, and citizens fall prey to them, it is clear that solutions solutions that clear it is them, to prey fall citizens and governments, policy experts work with computer scientists to train attorneys for attorneys train to scientists computer work with experts policy percent of breaches. Meanwhile, it took weeks—or longer— weeks—or it took Meanwhile, of breaches. percent f to train people who are conversant not just with the legal issues, issues, legal the with just not conversant are who people train to in 2015 alone, a quarter of Americans reported that they were they that reported of Americans aquarter alone, 2015 in but who also understand the underlying technical problems.” technical underlying the understand also who but Samuel Rascoff, a co-founder of the new center and faculty director director faculty and center the new of co-founder a Rascoff, Samuel rings

A 2016 Verizon study found that in 2,260 breaches from breaches 2,260 in that found study A 2016 Verizon As cyberthreats grow in complexity and more organizations, organizations, more and complexity in grow cyberthreats As o the

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- execu and ’09, co-founder aCCS 1960s when US computer scien computer US when 1960s AT A What we call the Internet—a Internet—a the we call What computers over dial-up phone phone over dial-up computers the in shape computers—took communications.” communications.” area, and offers a scholarship scholarship a offers and area, and discourse public shape and work on technology policy at policy work on technology this in leaders thought venes of Clinical Law Jason Schultz’s Schultz’s Jason Law of Clinical related (See on cybersecurity. engages center The issues. rity e data becomes all the more cen more the all becomes data web, protecting the to nected mon heart from everything which in era an in But mind. in security with created not back the be to designed not Goldman emy,” Zachary says acad the and government in ers for a and by designed network connecting and packets in data program for students commit for students program secu and on technology policy story on page 50 about Professor Professor about 50 on page story small community of research community small ubiquitous web of networked of networked web ubiquitous the White House.) White the ted to interdisciplinary work tomorrow and of today jobs the tral—and challenging. Indeed, Indeed, challenging. tral—and “It was CLS. of the director tive sending with experimented tists in research and teaching, con teaching, and research in itors to cash registers and registers cash to itors lines. “It was a communications acommunications “It was lines. bone for global commerce and and commerce for global bone ntire “smart cities” is con is cities” “smart ntire

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11 NYU LAW 2016 Gold man Karri

This spring Facebook Chief Security Officer Alex Stamos (above) discussed the Apple-FBI encryption dispute at the Memon Rascoff launch of the Center for Cybersecurity with CCS fellow Judith Germano.

for organizations to realize they’d been attacked. “On the Inter- “So much of getting cybersecurity right comes down to a com- net, no one knows you’re a thief,” says Randal Milch ’85, a for- munications issue among different stakeholders,” both inside mer general counsel at Verizon who is a senior distinguished an organization and across disciplines and private-public sector fellow at CCS. divisions, says Germano. For an example of a successful interdisci- Adding to the security challenge, by its nature cybersecurity plinary operation, Germano points to the 2014 bust of Blackshades implicates private companies in unique ways. “The private sector malware, software that allowed criminals to control victims’ com- owns almost all the infrastructure, the private sector is the victim, puters—seizing passwords, banking credentials, and social media and the private sector has responsibility for fixing the problems accounts, and even recording keystrokes and activating webcams. most of the time,” Goldman notes. “That demands a fundamen- Law enforcement, diplomats, technologists, lawyers, and private tally different way of thinking about cybersecurity than other sector companies from 19 countries came together in a takedown kinds of national security concerns.” that resulted in more than 90 arrests and 300 executed searches. Thwarting attacks has evolved into a game of cat and mouse, Collaboration and coordination are still the exception rather according to Nasir Memon, who represents Tandon as a co-founder than the rule, however. “Some people would say there’s a lot of of CCS, along with Ramesh Karri, professor of electrical and com- ‘tech-splaining’ going on,” says Milch, describing how technolo- puter engineering. gists sometimes talk down to legal and policy experts. “That’s why “If I’m trying to block every window and door in the building, it’s important that technologists get a better grasp of the policy it’s a tough job. The bad guys just have to find one opening, and options and policy people get a better grasp of the technology they’re in,” says Memon, who leads Tandon’s computer science issues—so they can speak to one another in the same language.” and engineering department and researches digital forensics, data compression, and security and human behavior. “Plus, I have to A BASE FOR CYBERSECURITY IN NYC follow laws and norms. The bad guys can be creative. They don’t With a mandate that spans research, teaching, and public debate, have to follow rules.” CCS is poised to serve as a national hub of cybersecurity research. Although staging a cyberattack requires a certain level of Its location in New York City, the heart of the US financial and technical acumen, defending against one—and coordinating legal industries, is an advantage as CCS addresses critical con- a postattack response—requires the skills of multiple stake- cerns. One of the first issues that CCS is investigating by leverag- holders and specialists, including attorneys who can evaluate ing its policy and technology expertise is how best to incentivize legal risks and protections as well as executives who oversee corporations to get better at cybersecurity. Milch points out that business decisions. In the 2013 Target data breach, in which government regulations in this area constitute a tricky balanc- hackers stole credit card information from 40 million cus- ing act. One arm of the government, such as the Department of tomers during the holiday shopping season, the retailer had Justice (DOJ), may prompt private companies to share information already invested heavily in data defenses, maintaining a sys- about security incidents to help law enforcement pursue cyber- tem that would raise red flags for potential incidents. But there criminals. But cooperation may expose the companies’ security was confusion at Target over the severity of the compromise, shortfalls, turning the companies into targets of investigation by and the big-box store drew heavy criticism for its slow public other agencies—for example, the SEC or the FCC—due to their response, says Judith Germano, a former federal prosecutor, violations of security policies. Companies may also find them- now with CCS, who advises Fortune 50 and other companies selves in the position of having to share proprietary information

W on cybersecurity matters. and trade secrets with the government. /MAGAZINE WW.LAW.NYU.EDU 12 ASPIRE scholars takeASPIRE scholars anumberof

Anthem, and many other companies, who has spoken about about spoken has who companies, other many and Anthem, Scholarship for Partner Service (and hackpasswords) alongside ship for Research Interdisciplinary students have achance tocode selected forselected theprogram with and E a top-tier interdisciplinary a top-tierinterdisciplinary computer scienceengineers,but cybersecurity education and cybersecurity and education government agency for two years government. TheLaw School’s cial involved in investigating breaches at Target, Sony Pictures, Pictures, Sony Target, at breaches investigating in involved cial cybersecurity at the Law School’s CLS events. Now a partner at at Now apartner events. School’s CLS Law the at cybersecurity NYU Tandon after the1Lyear, for IT’S NOT OFTEN IT’S ing intheASPIREprogram. the NYULaw students participat that isjustanothertypical day for to work at astate, orfederal local, the JDdegree. They are required technical cybersecurity coursesat a great place right now,” says Luke Dembosky, a former DOJ offi DOJ now,” aformer Dembosky, right Luke place says a great ars are already conducting interdisciplinary research together. together. research interdisciplinary conducting already are ars co- will Milch and Memon, Goldman, fall, This of focus. area an hands-on experience working in we will never get there.” get never we will move will that steps basic the identify to work together we must Journal of National National of Journal of the 2016 issue July the in paper reviewed schol of cyberattacks—CCS aftermath the in privilege ney-client class every expects team the says Goldman NYU. at kind of its progress, make to and sectors, private and public across mon goal which they receive credit toward 3-D printing and Law’s Milch aims to investigate the use of attor use the investigate to aims Law’s Milch and printing 3-D Treasury’s Office of Terrorism and Financial Intelligence, teamed teamed Intelligence, Financial and ofTerrorism Office Treasury’s of implication cybersecurity the explore to intends Tandon’s Karri Goldman, a former policy adviser in the US Department of the of the Department US the in adviser policy aformer Goldman, framing questions on issues like encryption, government access access government encryption, like on issues questions framing us closer to that goal. If we wait until we figure everything out, out, everything we figure until we wait If goal. that to closer us up with Tandon’s Damon McCoy, who studies the financial and financial the McCoy, Tandon’s who studies Damon up with - on manag companies advises Dembosky & Plimpton, Debevoise technical networks underlying cybercrime, to publish a peer- publish to cybercrime, underlying networks technical perspective. interdisciplinary an from techniques tive investiga law enforcement of sophisticated use the and data, to concerns, technical and of legal discussion integrated an be to first technology—the law and on cybersecurity a seminar teach ing their cybersecurity risks. “Improving cybersecurity is acom is cybersecurity “Improving risks. cybersecurity their ing

JD “Trust between the government and the tech sector is not at at not is sector tech the and government the between “Trust In addition to their individual projects—for instance, instance, projects—for individual their to addition In ASPIRE

Since CCS is deeply rooted in two schools, teaching is naturally naturally is teaching schools, two in rooted deeply is CCS Since ducation, providesducation, students s

WHO , which stands for, whichstands A

CODE tha t law - - 3L year. Funded by theNational ASPIRE int Science Foundation, ASPIREstu safeguard consumer data. signing aweb server. Kirby, whose fire hose,” butinapositive way— army engineerwhohadbeende after graduation andtowork asa and data security,and data especially at theFederal Trade Commission, concerning howcompanies easy feat. Kevin Kirby ’17, aformer courses innetwork securityisno dents receive full tuition support. during thesummerbefore the government cybersecurity intern ployed inAfghanistan, described Bureau of Consumer Protection interesting projects, suchasde intends topursuework inprivacy his e with opportunities towork on with opportunities D xperience as“drinking from a iving intomaster’s level ernship was withthe

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Michelle Tsai is a public affairs officer at NYU NYU Law. at officer affairs apublic is Tsai Michelle crime” explores regulatory interventions that can make it harder it harder make can that interventions regulatory explores crime” will lawyers and policymakers. What the Center for Cybersecu Center the What policymakers. and lawyers will disparate skill sets to help narrow differences and solve problems solve problems and differences help to narrow sets skill disparate with together people bringing important: very is doing is rity Tandon students enlightening Security Law &Policy Law Security for cybercrime networks to monetize their thefts. thefts. their monetize to networks for cybercrime that can’t be solved by any one discipline alone.” one discipline any by solved be can’t that neither and themselves, by problem cybersecurity the solve to lems in this space,” says Dembosky. “Technologists aren’t going going aren’t “Technologists Dembosky. says space,” this in lems similar bugbounty program for its annual Cyber Security Awareness algorithms. During Tandon’s as they eachother about taught discussions betweendiscussions Law and competition around theques code tothegovernment?” code you want? Canacompany questions. For example, said different approachessame tothe When thePentagon announced a Week, Eschelsorganized apolicy reporting systemreporting vulnerabilities. program toaward individualsfor Fattal, “Iscode speech?Isthere instit tion of whethertheUS should to encrypt and decrypt using using anddecrypt to encrypt took exams that tested hisability he found theinterdisciplinary himself tocodehimself inPYTHON and toprovidebe compelled source freedom of speechtowrite any “This kind of cross-cutting thinking is the way to solve prob solve wayto the is thinking of cross-cutting kind “This Brian Eschels ’16 taught Brian Eschels’16taught J oshua R. Fattal ’18said ute anational “bugbounty” . “Deterring Financially Motivated Cyber Motivated Financially . “Deterring - “There are relatively“There few people Security, beginthis where hewill same ideasasstudents. Eschels’ssame analogies—but are lessfamiliar c andvulnerabilities capabilities experience at ASPIREledhimto of software—meaning that they composed of four attorneys. I’m gladI’m here.” process operates,” Eschels. said people ar people. Policymakers tend to Eschels wasthat tosee pleased the Department of Homeland the Department the ag the policymakers andthetech to reasonby whencon analogy between and thedisciplines, fronted new. withsomething Tech focus onlegal frameworks and of anhonorsprogramfall aspart with how the policymaking with howthepolicymaking website notlongafterward, who are situated at thenexus an see the shortcomings of the theshortcomings an see “There’s abigdividebetween ency’s policymakers hadthe e more intune withthe n

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13 NYU LAW 2016 NYU Law Magazine recently brought together seven NYU Law faculty and alumni who are experts in environmental and energy regulation to discuss climate change and how an incoming presidential administration might approach it. In a wide-ranging talk, panelists weighed in on a number of topics including the strengths and weaknesses of US policy, the role of the private sector and the Enviromental Protection Agency, the future of the Clean Power Plan, and the significance of the Paris Agreement.

MORENO: My first question is for Ricky Revesz and Ambassador Here’s the problem: The Clean Power Plan is not enough to Boyden Gray. The United States has taken a series of significant meet the Paris commitment. Where to go next? We can keep tack- actions domestically and abroad to address climate change since ling this problem industry by industry. So there are new proposed President Obama’s 2013 Climate Action Plan. The US has pledged regulations for methane release from oil and gas extraction. We to reduce greenhouse gas emissions domestically by 26 to 28 per- could go then to refineries and so on. Doing what we’ve been doing cent below 2005 levels by 2025. has two serious problems. One is it’s very cumbersome: Getting The Environmental Protection Agency has issued a number one of these rules out is an enormous undertaking, taking years of major rules, including the Clean Power Plan to reduce carbon of regulatory work, followed by years of litigation. Two, most peo- emissions from new and existing power plants. ple assume that these rules allow trading only [Editor’s note: This discussion was held prior within the industry to which the rule applies. to the Supreme Court’s stay of the Clean Power Therefore, you don’t get the advantage of the Plan.] Most recently, the US played a leadership broader trading that would reduce costs further. role at the UN Climate Change Conference in There is a solution to this problem that the Paris to negotiate and sign a historic accord to new president could announce he is launching strengthen the global response to the threat of in the first 100 days. It’s called Section 115 of the climate change. Clean Air Act. With less than a year remaining in President Section 115 authorizes the EPA to require Obama’s term, and challenges to the legality of Moreno states to address emissions that endanger pub- the Clean Power Plan making their way through lic health and welfare in other countries. But in the federal courts for some time to come, let’s look ahead. What order to do that, a finding must be made that other countries are actions, if any, would you advise a newly elected president to take taking reciprocal measures that benefit the US. The Paris talks, in his or her first 100 days in office to address climate change? and what will follow from that, provide a good basis As part of your answer, you may assume that either a Democrat for making the reciprocity finding. or a Republican has been sworn into office on January 20, 2017. REVESZ: If you give the choice, I’ll assume a Democrat has been sworn into office. I’m also assuming that congressional action to address climate change in a comprehensive way is not in the cards for the new president’s first term. PARTICIPANTS: KARL KINDIG ’75 IGNACIA MORENO ’90 CEO and President of Pittston Coal (Moderator) Former Assistant (1995–98); Attorney at Law Attorney General for the Environment and Natural Resources Division of the RICHARD REVESZ US Department of Justice (2009–13); Lawrence King Professor of Law and Dean Chief Executive Officer and Principal, Emeritus; Director, Institute for Policy The iMoreno Group Integrity; author, with Jack Lienke ’11, of Struggling for Air: Power Plants and C. BOYDEN GRAY the “War on Coal” White House Counsel to President George H.W. Bush; Counsel to the BRYCE RUDYK LLM ’08 Presidential Task Force on Regulatory Senior Legal Adviser to the Mission Relief; Founding Partner, Boyden Gray of Maldives to the United Nations; & Associates; Adjunct Professor Climate Program Director and Senior Fellow, Frank J. Guarini Center on NAT KEOHANE Environmental, Energy, and Land Former Special Assistant to the Use Law; Adjunct Professor President for Energy and Environment on the National Economic Council and AMELIA SALZMAN ’85 Domestic Policy Council (2011–12); Former Associate Director for Policy Vice President of Global Climate, Outreach at the White House Council Environmental Defense Fund; on Environmental Quality (2009–11); Adjunct Professor Principal, Lazer’s Bight; Adjunct Professor

THE FUTURE OF CLIMATE POLICY: AN EXPERT ROUNDTABLE My advice to the president would be to announce that bargain that would maintain the EPA’s Clean Air Act authority the administration will make such a finding as soon as in order to provide that guarantee on emissions reductions, while it can be supported based on the Paris commitments of using a tax or a market-based policy as the instrument to get the other countries. Then, use Section 115 as a one-stop effort to reductions we need. In such a scenario the EPA wouldn’t need to regulate greenhouse gases from the major sectors of the economy exercise its existing regulatory authority under the Clean Air Act that create them. unless it looked likely that we would miss our emission targets. GRAY: I will assume that a Republican will be the president. And The Paris Agreement and the Clean Power Plan are both critical I would advise him to use what authority he has to free up compe- pieces of the puzzle, but neither is enough to tackle the problem tition in the fuels market so that lower carbon fuels can compete in the long run. So the main thing we need to start thinking about in an open-market level playing field, primarily on the transpor- now is how to raise the ambition of the steps that countries take tation side. The EPA does a lot to gum things up. under the Paris Agreement—and how to raise the ambition of the How to regulate all this? I am in complete agreement with United States. Even to meet the 2025 targets, we need to do more our former dean that the best way is by emissions trading. But than the Clean Power Plan or the other regulations already in place. I don’t think Section 115 is a viable method of doing it, because If we’re going to go beyond 2025 to the kind of cuts we would that section is tied to criteria pollutants. Greenhouse gases are need in 2030 and beyond, we’re going to need entirely new poli- not criteria pollutants regulated by state implementation plans cies. Maybe that’s Section 115, maybe that’s new legislation in under Section 110 of the act. I would encourage the president to Congress. Ricky has laid out one pathway starting with Clean Air think about a grand bargain where you do a cap-and-trade or a Act regulation and creating pressure that way. Boyden has laid carbon tax, and whatever other revenue is generated is used in out another in terms of the grand bargain. a revenue-neutral way to reduce, say, the corporate income tax. MORENO: Karl, what is your view on market-based mechanism Then you would suspend in order to get the Republican votes. opportunities? You would say as long as the cap-and-trade or carbon tax is in KINDIG: We’ve already seen in the United States a market-based place, there is no EPA jurisdiction at all over any greenhouse response to reduce greenhouse gases—largely without a lot of gases. Now that is something that a lot of people on both sides government hands in the mix—with the replacement of coal by of the aisle choke on. I have been told that the Republicans and natural gas. environmental groups think they can bring their crowds along. People talk about what’s going to happen in 2050, which is 35 I don’t know the truth to either assertion, but I would encourage years from now. Well, 10 years ago if you’d asked most experts, a congressional-adopted bipartisan cap-and-trade program or “Where is the United States positioned on natural gas?” they would carbon tax that replaces EPA’s piecemeal regulation. have said, “We’re going to have to import a lot of it here very quickly MORENO: Nat, you’re an economist and have worked on these because we’re running out.” Now we know through technological issues for quite some time. What do you think about a grand bar- change that we have vast quantities of natural gas. gain and market-based approaches to addressing climate change? The private sector has been utilizing that gas to produce power. KEOHANE: It would be great if we could get a grand bargain. But Last year was the first time that gas fire generation exceeded coal the environmental community will not support anything that fire generation in the United States in decades. You get somewhere entirely removes the EPA’s authority to regulate greenhouse between a two-to-one or three-to-one reduction in carbon diox- gases under the Clean Air Act, so that’s a dead end. That doesn’t ide by using natural gas versus coal. mean you couldn’t have a deal of some sort, because you could I’m watching what’s happening in Germany with their very imagine ways in which EPA authority could be a backstop. aggressive program to move to solar and wind as part of their If you think about a carbon tax from the point of view energy mix, and see a very interesting juxtaposition with what’s of economic theory, there are lots of things that econo- happening in France. Nobody talks about France, but it gets 75 mists in academia like about a carbon tax. From an envi- percent of its electricity through nuclear, which doesn’t produce ronmental advocate’s point of view, the problem is it a molecule of carbon dioxide. It is an interesting model of what doesn’t have a limit on emissions. Ultimately what might possibly work in the United States. we have to do is stop putting carbon pollution into Obviously it’s important to focus on Washington, what the the air; we don’t only need to president and the Congress might do. But for any of these pro- put a price on it. grams to work, it also has to resonate with the other 330 million So you can imagine people in the United States. It’s got to be something that makes the outlines of a grand sense to them and that does not cause electric power to be unre- liable or outrageously expensive. Otherwise, you can’t solve this problem just through promulgating a new regulation. SALZMAN: I can’t agree more. What we need to accomplish is well beyond the regulatory or legislative capacity of the US alone. Getting where we really need to go will have to involve the private sector and the citizenry of the world. I love the backstop power of the EPA, which is charged with protecting people and the environment of this country and has played a huge role in changing the global response to pollution. The government Agreement is countries have nationally determined what they’re they’re what determined have nationally countries is Agreement 188 countries that have put in commitments of what they’re going going they’re of what commitments have put in that countries 188 countries that were making reductions and they each got anum got each they and reductions making were that countries binding. legally not were These commitments. made countries 100 2010 about in Cancún In countries. 40 under or just countries, developed the only from commitments later, had a few years col about new actions. Sometimes these actions were happening with with happening were actions these Sometimes actions. new about held in was conference recent most The 1992. in Rio in to agreed cross- the from standards, toxic air and mercury the from already amount that needed to be reduced. This was allocated among the the among allocated was This reduced. be to needed that amount annual Conference of the Parties, which reviews progress made made progress reviews which Parties, of the Conference annual announced, many of which did not involve governments. So the the So involve not governments. did of which many announced, which countries said, “OK, this is what we’re able to do in trans we’re do in to what able is this “OK, said, countries which days, sector by sector. There were about 75 new global initiatives initiatives global 75 new about were There sector. by sector days, generally happened through domestic consultant processes, in in processes, consultant domestic through happened generally contributions of their determinations national do. to These going went on for eight This not. were they often support; government for years left are that parties of the commitments many the given port, in energy,” and looked across their entire economy. Then entire their across energy,” looked in and port, aproto and 1992, in signed convention UN The participating. we’ve seen Idon’t think that away in engaged is sector private announcements making actually were NGOs and sector private set of airplane hangars that was all private sector and NGOs. NGOs. and sector private all was that hangars of airplane set Élysées. On one side there was a bunch of halls in which negotia which in of halls abunch was one there side On Élysées. Champs- the called they astreet was There old airport. an at Paris they added up these policies and got to a number. So for the US US for the So anumber. to got and policies up these added they significant. it’s fairly of coverage, terms in Just of emissions. percent 99 covers this and do nationally, to another was side other the On met. officials government and tors was that Change on Climate Convention Framework UN the toward apivot point? be to going really Agreement Paris the is come, to technology. energy clean in invest to launched Gates Bill that tion MORENO: - coali the is example Agood response. positive sector’s private the in science, great and investment, research, long-term doing is RUDYK: ber that they had to meet. What has happened under the Paris Paris the under happened has What meet. to had they that ber have been that of countries number the is One ways. two in before, now. happening what’s about different is That before. is Plan, Power Clean the from of 115, threat the from rule, boundary breakthroughs. to lead always doesn’t that but Salzman While the government people were doing negotiations, the the negotiations, doing were people government the While The agreement itself is radically different than what has come come has what than different radically is itself agreement The we’ve seen that and Paris from come will that changes The But now with the new Paris Agreement, we have potentially we have potentially Agreement, Paris new the nowBut with Second, the old system was very top down. You had a global You down. aglobal top had very was old system the Second,

Yes, and here’s an example: Since 1995 there has been an an been has 1995 there Since example: here’sYes, an and

Bryce, much is made about the Paris Agreement, but Agreement, Paris the about made much is Bryce, Rudyk - - - -

countries trying to figure out figure to trying countries create those incentives for the private sector. private for the incentives those create and-trade system through Section 115 that Ricky is talking about about talking is Ricky that 115 Section through system and-trade impor That’s percent. 40 and about climate change. change. climate about is done whatever field, for alevel playing provide to revised aren’t mobile the in major be could sector, power stationary the in already ardous air pollutant provisions of the Clean Air Act, in response response in Act, Air Clean of the provisions pollutant air ardous we look at Section 115? Section at we look or the kind of carbon tax or emissions-trading system through through system or emissions-trading tax of carbon kind or the cap- economy-wide, out of an come could They signals. market and incentives right the place in put to government we need need, in being it as see they because own on their commitments make that companies of leading policy. You’ll ahandful get ernment reduction have these they rather, run, which is hydrogen. But that won’t happen if the regulations regulations the if won’t happen that But hydrogen. is which run, that on carbon alimit and aprice put policies—that market-based government be to it’s going that mind in keep We to role. need haz the under regulations command-and-control old-fashioned even not actually regulations—and did but so play arole, did plans that they can put into place. into put can they that plans policies—hopefully economically sound, economically efficient, efficient, economically sound, economically policies—hopefully reg cost-effective efficient, economically of kind the primarily for the EU it’s between 30 30 it’s EU between for the source sector. And that’s where EPA has been a real roadblock. roadblock. areal been EPA where has that’s And sector. source for proceeding. ulations that Boyden, Ricky, and I would like to see, but good but good see, to like Iwould and Ricky, Boyden, that ulations GRAY: GRAY: their business interests. But for us to really get the reductions we reductions the get really to for But us interests. business their there is nolonger because tant to methanol or ethanol. It could be the basis for the real home real for the basis the be It could or ethanol. methanol to tox air other and mercury by posed threat public-health the to Markets gas. of natural rise the and sector power electric US the MORENO: MORENO: MORENO: MORENO: is not going to happen without clear, strong, well-designed gov well-designed strong, clear, without happen to going not is ics from coal plants. coal from ics it was 26 to 28 percent, percent, 28 to 26 it was legislation that Boyden is talking about. talking is Boyden that legislation But number. that meet how they liquefied natural gas for heavy-duty trucks. It can be converted converted be can It trucks. for heavy-duty gas natural liquefied KEOHANE: just a number out there and and out there anumber just Natural gas could be used as a fuel on its own, or as pressed or or pressed or as own, on its afuel as used be could gas Natural in of coal decline the in role of markets the mentioned Karl So even that story is one where regulation has played a key akey played has regulation one where is story that even So Natural gas is very clean. Its potential, somewhat realized realized somewhat potential, Its clean. very is gas Natural What about Ricky’s suggestion that that suggestion Ricky’s about What I have enough of the economist in me to say that change change that say me to in economist of the I have enough Boyden, you’ve proposed a different framework framework adifferent you’veBoyden, proposed Kindig - - - - -

17 NYU LAW 2016 If there were really a level playing field, and if there were crowdsourcing in government, in the private sector, and at the cross-sector trading permitted, which EPA has never indicated community level. any tolerance for, you would find enormous innovation that KINDIG: The government has a wonderful test bed that it can use would end up reducing carbon even without having directly put to check out these ideas, called the Tennessee Valley Authority. a price or limit on it. The government doesn’t need any regulation to tell the REVESZ: Cross-sector trading would clearly be allowed under Tennessee Valley Authority what to do; it owns it. It is also one Section 115. We should be pushing for it, because we’re not going of the largest coal-fired electrical generators in the United States. to realize the full cost-reduction potential unless we do. But they also have nuclear plants and hydro plants and programs On a level playing field, I’m a fan of removing all subsidies, for solar and wind. Its headquarters is in Knoxville, right next but the only way we can really create a level playing field is by to the Oak Ridge National Laboratory. What a great place to try also internalizing the pollution externality [an economics term and work out some of these issues. meaning to adjust internal costs or benefits to take into account MORENO: We talked earlier about a grand bargain, and others external social costs or benefits] because otherwise, we’re sub- thought there could be no grand bargain as proposed. It seems sidizing the dirty energy producers, not with money but with like we might be stuck. We’re talking about different approaches— people’s lives and with environmental harm. market-based approaches, cap-and-trade systems—that every- KINDIG: In the short term, one thing that we could do today is one thinks would be a good idea, maybe as part of a mix, but to encourage the building of pipelines from Pennsylvania into how do we get there? What can we look at by way of existing

Keohane Gray Revesz

the South so that areas that are totally dependent on coal can authority versus getting congressional action, which doesn’t have access to natural gas while we continue to support research. seem very encouraging right now? What is the path to get us The solution to this problem is probably not known today. from here to there? When you think about the technological changes that have KEOHANE: We need much, much greater ambition in the US. We occurred over the last 30 years, everybody talks about frack- need more ambitious policies in place even to meet the 2025 tar- ing and natural gas. But the real technological breakthrough is get that the president has put forward. Bryce, I imagine you’d computer-controlled drilling that allows you to take a six-inch agree, one reason we saw success in Paris is real leadership pipe, send it two miles, and keep it within 75 feet of where you from the US. The French did a masterful job of diplomacy; the want it. That’s a real technological breakthrough, and massive Chinese have come along a huge way. But real US leadership computing power made that happen. was something that had been lacking, and Paris showed what As we look at the course of technological change, there will that could accomplish. be other things that come along. But in the meantime we don’t To continue that leadership and get the ambition we need, want to let the perfect be the enemy of the good. Let’s take advan- we’re going to have to change the politics in the US. That has tage of the opportunities that are in front of us while we look for to start with a bipartisan conversation again in this country. It these other solutions. was only eight years ago, in 2008, that John McCain was run- MORENO: Amy, would you like to address that? ning as the Republican presidential candidate and calling for SALZMAN: The government is a blunt instrument and doesn’t act a cap-and-trade program that was nearly as ambitious as what like a California investor who can ferret out the next Groupon. President Obama proposed. But the government can play a role in opening that world up for I don’t mean to put you on the spot, Boyden, but it would be longer-term research at the energy labs. great to hear your thoughts. There’s a part of the Republican One reform that might be really helpful with the energy labs Party that has taken a stand of denial against climate change. is to encourage them to do even more public-private partnerships We’re really only going to start making progress in this coun- with real goals. The writing is on the wall: We are going to have try on this issue when Republican support for climate change to get off carbon in the next 30 years, and that’s going to be very policy stops being a badge of courage and starts being the politi-

W hard. It’s going to require kind of a scientific and technological cally smart thing to do. /MAGAZINE WW.LAW.NYU.EDU 18 GRAY: I’m a lawyer. I’m a layman. I don’t know the science, but goalposts. In fact, Senator Hagel himself wrote an op-ed a couple I still am impressed by the position that President Bush 41 took, of months ago that said the Paris Agreement would satisfy the a no-regrets policy: When you have a choice, and it’s not more conditions of the Byrd-Hagel Resolution. We’re in a different place. expensive, and a significant way to take climate or some other The final irony is that the reason that there aren’t any legally externality into account, you do it because it’s a hedge against enforceable binding obligations in the Paris Agreement is because the future and nobody knows what the future is. the US Senate will not ratify an international agreement, and The acid rain program worked really well because no one tried we’re never going to get the 67 votes necessary for ratification. So to game it. But along came Waxman-Markey, the 2009 congres- to then turn around and say it’s not enforceable and that means sional bill for CO2, and the gaming began and it has never ended. China can do what they want doesn’t reflect the reality of the Paris There are two points that affect Republicans that are often Agreement, of what China is doing, and of the politics at home. reflected in ideological statements. The first is—and this explains We are going to need, as Bryce said, a lot of work to make sure the massive vote against the Kyoto Protocol—the fact that China that the Paris Agreement lives up to its promise. We need a lot of and India aren’t playing. You can use all the hype you want about work to implement the monitoring, reporting, and verification this Paris Agreement, but what China agreed to do was to level provisions to make sure that every country, including China, does off in 2030. what it says it’s going to do. We need a lot of work to get India on a Until 2030 they can do any damn thing they want, and they can low-carbon track. But to say that the Paris Agreement doesn’t get build power plants they don’t even need, up until 2030. That’s just India and China onto that track and therefore the US shouldn’t an open invitation to game the system. India is not really coop- do anything at home is a real mistake. erating either. Without those two, Republicans are going to say, MORENO: There’s been some discussion about capacity building “We’re not going to put in rules that increase the price of energy and the role of communities. What is the role of civil society and for our manufacturers so that they will hightail it to China, India, communities as an action-forcing element? or some other less-developed nation and get cheaper energy.” SALZMAN: The Clean Power Plan, uniquely among EPA actions, We’ve lost a lot of jobs before, and we’re still losing jobs to really took lessons from the needs and different situations of com- China because of their traditional fine-particle pollution, 25 per- munities. When the EPA worked on improving the Clean Power cent or 20 percent of which ends up in California or in the Rockies, Plan between its initial draft and the final regulation, it spent a where we have to clean it up. It’s very expensive, and some way lot of time talking to communities, to people of color, to the pri- ought to be found to nail the Chinese for that. That would really vate sector, and to local government. get the ball rolling in the right direction. The EPA did something called a proximity analysis for all of Just two weeks ago, China admitted that they completely mis- the states that essentially looks at the main sources of pollu- calculated last year’s carbon output. They don’t have the measure- tion and who lives near them. It wasn’t just looking at carbon, ment system, let alone the infrastructure, to implement anything. but it also requires looking at what we call criteria pollutants, And EPA continues to drive people crazy. There’s no reason the ones that can make people really sick. why you have to use a root canal theory of regulation. EPA folded that analysis into the information that the RUDYK: Nat was right when he said that without US leadership, states will have as they develop their state implementation and without the hand-holding and massaging that France did, we plans. They also strongly encouraged the states to pay close wouldn’t have ever had an agreement in Paris. But sort of contra attention to environmental-justice impacts and to have to what Boyden has just suggested, China’s engagement in this meaningful public participation. agreement was almost as essential as the US’s. China was certainly This is huge. It’s also politically very valuable. The a significant moderating force amongst the developing countries. environmental-justice community has generally been If the US can bring along China, we’ll start to see a whole rush of opposed to action to address climate change, being countries to ratify this new agreement. concerned that it would result in higher lev- KEOHANE: I get frustrated when I hear the China argument. In els of pollution in their communities and/or 1997, before the Clinton administration had finished negotiating divert resources from reducing pollution in the Kyoto Protocol, the US Senate voted 97 to zero on the Byrd- their communities. Hagel Resolution, which basically said don’t bother bringing Plus, the EPA did something smart and very us any international agreement on climate that doesn’t ask big consistent with President Obama’s vision, which developing countries like China and India to be part of the same is that they mandated that the distributional framework as the US. Well, no surprise—the Kyoto Protocol never benefits of action to address carbon have to be even made it to the floor of the Senate. equal; they also have to reach the environmental- The shift in how the Paris Agreement is constructed relative justice communities. That means that clean to Kyoto, with 186 countries coming forward in the runup to the energy and clean energy jobs will not all be Paris conference with national contributions to reduce emissions, where the rich people live, but these will ben- is 180 degrees. We have come so far. China is going to have a cap- efit communities of color and reduce the bur- and-trade program on its electric-power sector in the next couple den of environmental-justice communities. of years, well ahead of the US having one. MORENO: With that, I’d like to thank each of So when people say, “Well, China is not doing enough under the panelists. You were absolutely outstand- the Paris Agreement,” that really starts to feel like moving the ing. Keep up your great work. 20 WWW.LAW.NYU.EDU /MAGAZINE Hernández ’07 Hernández New York New &Moore, Swaine Cravath, Partner, Damaris

HERNÁNDEZ: © BRYAN THOMAS Milestones the AnBryce Programthe AnBryce awards its scholarship.100th one graduates of its As becomesat Latina Cravath, the first partner SwaineMoore, & Wilkinson Welters, the AnBryce Program is all about having the the having about all is Program AnBryce the Welters, Wilkinson Welters. “We call it a program, and it really is: there’s exten there’s is: it really and it a program, “WeWelters. call are the first, you need someone to have your back.”have to your someone you need first, the are blu the among &Moore, Swaine Cravath, at nomic circumstances and are among the first in their immediate immediate their in first the among are and circumstances nomic my ability,” in Hernández believe to dence confi the Ihad room, the in woman only overcome has she and firms, of blue-chip est sive mentorship and community building that helps AnBryce AnBryce helps that building community and sive mentorship support The degree. or professional agraduate pursue to families year. this earlier section of the page front Program played in it—was featured on the on the it—was featured in played Program told told Scholarship AnBryce the role critical the to celebrate, but for Damaris Hernández ’07 Hernández for but Damaris celebrate, to it was particularly sweet and significant. She significant. and sweet particularly it was ing the advantages of AnBryce. “When you “When of AnBryce. advantages the ing ranks exalted the reach to Latina first the is MAKING PARTNER IS ALWAYS SOMETHING IS ALWAYS PARTNER SOMETHING MAKING huge odds to do so. Her achievement—and Her achievement—and do so. to odds huge begins with a full-tuition scholarship, but includes much more. much more. butincludes scholarship, afull-tuition with begins eco and social challenging have who faced of students backs School’s Board of Trustees, and his wife, Ambassador Beatrice Beatrice Ambassador wife, his and of Trustees, School’s Board Scholars navigate law school and get launched on a career path.” path.” on acareer launched get and law school navigate Scholars By MichaelOrey “When I was the only one of color or the or one the of color only the Iwas “When “We don’t simply hand people a check,” explains Anthony Anthony acheck,” explains people “We don’t hand simply Founded in 1998 by Anthony Welters ’77, chairman of the Law Law of the Welters ’77, 1998 Anthony chairman by in Founded Times reporter Elizabeth Olson, describ Olson, Elizabeth reporter New YorkNew Times Business Business - - -

and BeatriceWelters Program founders Anthony - -

“I think the program allows us access to resources that we wouldn’t we wouldn’t that resources to access us allows program the “I think where we want to be.” to we want where ners who interviewed her, and he subsequently worked with her her worked with he subsequently her, and who interviewed ners otherwise have, a support network that we sometimes are miss are we sometimes that network asupport have, otherwise of a trustee is Chesler (Now Cravath’s chairman, on litigation. strate that to others. She’s an extraordinarily talented lawyer.” talented She’s extraordinarily an others. to that strate demon to her enabled Program AnBryce the “and Chesler, says Damaris that she was a person of enormous ability and potential,” potential,” and ability of enormous a person was she that Damaris the Law School and of NYU.) “I knew from the moment I met Imet moment the from knew “I of NYU.) and School Law the ing, and it just bridges the gap between where we come from and and from we come where between gap the bridges it just and ing, observes. Hernández daunting,” very is profession legal the into “Given the backgrounds of most AnBrycers, navigating entry entry navigating AnBrycers, of most backgrounds “Given the An AnBryce Scholarship made it financially it financially made Scholarship AnBryce An at NYU Law, she was supporting her family. family. her supporting Law, was she NYU at years later. When Hernández was accepted accepted was Hernández later. When years no acquaintance. “We didn’t sit around read sit around “We didn’t no acquaintance. Cravath, Evan Chesler ’75 was one of the part one of the ’75 was Chesler Evan Cravath, possible for her to attend, but the realm of elite of elite realm but the for attend, to her possible father died just before she left for college at at for college left she before just died father Harvard, and her mother lost the store two two store the lost mother her and Harvard, the operation of multinational corporations.” multinational of operation the ity with things like complex civil litigation, or or litigation, civil complex like things with ity no familiar Ihad “so my says, house,” she in the ing law firms was something with which she had had she which with something was law firms Her bodega. Brooklyn their run parents her Just ask Hernández, who grew up helping up helping who grew Hernández, ask Just When Hernández applied for a job at for ajob applied Hernández When New York Times YorkNew Times or or Wall Street Journal Wall Street - - - - -

21 NYU LAW 2016 22 WWW.LAW.NYU.EDU /MAGAZINE its recipient. 100th of Here brief some portraits are of them. expanded to support up to 10 year last named and class, each in studentincoming ayear. the program With additional funding, her path to aCravath partnership, ANBRYCETHE SCHOLARSHIP , which helped, set Hernández on

was initially offered to a single offered to asingle initially was “I walked into a skyscraper that looked like something from a from something like looked that askyscraper into walked “I AnBryce Program offers offers Program AnBryce York. While growing up there, Fadel says, he saw the town slide into into slide town the he saw Fadel says, up there, growing York. While a running start by placing them in these positions after their first first their after positions these in them placing by start a running adoptive family to give give to family adoptive and job, here.’” the He got purpose Ihave abusiness atourist, as you that sense of commu sense you that pur to map you aroad scholarship won afull he work,” When he says. all to “My response disease. arare to succumbed father his year, Fadel’s into senior knew.” weeks Two really whom Inever woman at interview ASAP first his to going Fadel ’17 Raymond year. recalls returned to Paul Weiss following his 2L year as well. as year 2L his following Weiss Paul to returned er’s killer; the handling of of handling the er’s killer; my to school myself mit soared. unemployment and closed factories as decline economic having I remember me. of it struck surrealness the and movie, make you feel less alone.” less you feel make to alot It have. does may a void you fills that nity SUMMER JOBS AT LARGE LAW FIRMS ARE TYPICALLY FOR FOR TYPICALLY ARE FIRMS LAW AT JOBS LARGE SUMMER The bar his father ran became a rougher place, and Fadel’s and older place, arougher became ran father his bar The people’s lives through through people’s lives prosecution of his broth of his prosecution stand in sharp contrast to Fadel’s hometown of Niagara Falls, New New Falls, Fadel’s to of Niagara hometown contrast sharp in stand AnBryce but the year, 2L their who have completed students ful people behind you, behind people ful power put “They says. Fadel dreams,” your sue the in story Paul, Weiss, Rifkind, Wharton & Garrison in midtown Manhattan. Manhattan. midtown in Garrison & Wharton Rifkind, Weiss, Paul, to Harvard University, University, Harvard to this led him to want to want to him led this play in can lawyers that com to was things these I’m me! to here not happening is ‘This saying, and myself stop to it garnered a headline a headline it garnered his father’s estate—and estate—and father’s his the divorce; parents’ his role” “pivotal the learned Iroquois passionate and “a beautiful he says, She was, failure. liver of died seven, Fadel was since father his from divorced been had who alcoholic an mother, later, his Ayear freshman. school high his own experience— own his brother, who took it over, was murdered there when Fadel was a Fadel when was there it murdered over, took who brother, was but they also provide an an provide also they but “The himself. alawyer be Summer Associate Program (ASAP) helps scholarship recipients get get recipients scholarship helps (ASAP) Program Associate Summer The bustling streets and grand office towers of Manhattan Manhattan of towers office grand and streets bustling The Fadel says he had says Fadel Buffalo News ------.

Fadel ’17 3L atNYULaw Raymond

“ ceremony. Anthony and Beatrice Welters “threw this really spec really this Welters “threw Beatrice and ceremony. Anthony addresses. It’s kind of a weird feeling to have gone through life life have gone through to feeling of aweird It’s kind addresses. the from graduating after Law NYU at enrolled she college, attend a family that’s going to live beyond the three years of law school.” years three the beyond live to going that’s a family experience that kind of encapsulated our program—it was acele was program—it our of encapsulated kind that experience gram: the Jacob Marley Foundation Scholarship in Memory of Memory in Scholarship Foundation Marley Jacob the gram: Christopher Quackenbush ’82.) Quackenbush Christopher (Arbogast held a named scholarship within the AnBryce Pro AnBryce the within scholarship held a named (Arbogast program supporters, Arbogast recalls. “It was a really wonderful wonderful areally “It was recalls. Arbogast supporters, program struggling to get by and then being in this position of honor.” position this in being then and by get to struggling in who invest people “The says. Arbogast education,” school to this point. I think that’s the moment you really feel that this is is this that feel moment you really the that’s Ithink point. this to and members, family Scholars, for AnBryce reception” tacular e-mail their us give stories, their us tell they where programs to others— and judges, alumni, members, program”—faculty the University of Pittsburgh. of University really it was a celebration of the people who were so helpful in getting us us getting in helpful so were who people of the acelebration it was to family in her person first The community. on the impact ing bration of our success, it was a celebration of our group effort, and and effort, group of our acelebration it was success, of our bration Arbogast ’15 Arbogast Society, NewYork Staff attorney, LegalAid Danielle “The AnBryce Program was the defining element of my law element of my defining the was Program AnBryce “The Law School Convocation involved more than just a graduation agraduation just than more involved Convocation School Law invest in it. They give tremendous time and support, come come support, and time tremendous give They it. in invest

“I SINCERELY THINK I THINK SINCERELY “I “You really got to see to got “You really “I love going into work into “I love going Arbogast ’15 of posi ’15 her Arbogast Virginia, she attended attended she Virginia, cific focus on criminal criminal on focus cific attorney with aspe with attorney that age early an at with the Legal Aid Soci Aid Legal the with defense work. Grow work. defense every day.” every York. New Queens, in ety she wanted to be an be to wanted she system and the result the and system mem family or selves them found who friends schools. high several stand the failings of the of the failings the stand the economic inequal economic the tion as a public defender defender public a as tion tem, she came to under to came she tem, sys justice criminal the city’s of the poorest the ing up in Chesapeake, Chesapeake, up in ing ity,” she says. And with with ity,” And says. she legal field,” says Danielle Danielle field,”says legal the in job best have the bers in encounters with with encounters in bers Arbogast decided Arbogast ------

23 NYU LAW 2016 FOLLOWING NEARLY TWO YEARS AT SULLIVAN & CROMWELL THE VERSATILITY OF A JD in New York and a clerkship with Chief Judge Theodore McKee is evident in the career of the US Court of Appeals for the Third Circuit, Sambo Dul ’10 of Jason Washington returned home to Arizona, where she is an associate in Perkins ’07, who has moved from Coie’s Phoenix office. Her experience there has included anti- private law practice to corruption investigations and compliance counseling, criminal government to business. defense and investigations, and commercial litigation. She also After three years as an devotes significant pro bono time to immigrant rights matters associate in the corpo- and serves on her firm’s Pro Bono Committee. Additionally, she rate group at Kirkland founded Youth Adelante, a nonprofit organization that provides & Ellis in New York, he housing support and mentoring to unaccompanied immigrant served as a senior pol- youth following release from federal detention facilities. icy adviser in the Mayor The plight of those forced from their homelands is something of Baltimore’s Office Dul knows firsthand. Born in Cambodia, she, her mother, and three of Government Rela- siblings spent four years in a refugee camp before being resettled tions and then spent a in Phoenix. Her father and numerous other family members had year as a White House died in Cambodia. Dul attended Arizona State University on a full Fellow. Currently, Wash- scholarship, but still worked part time to help support her family. ington is vice president at Dul chose to attend NYU Law in good part because she met Corvias Solutions in the Anthony Welters at an admitted students’ day. “I was extremely Jason Washington, DC, area, impressed by his commitment and humility, and the vision he had Washington ’07 where he works with cit- for the AnBryce Program,” she recalls. “I was torn between Har- Vice president, partnership ies and counties to solve vard and NYU; AnBryce and development, Corvias Solutions, systemic infrastructure Fort Meade, Maryland Tony tipped the scale.” During problems through devel- law school, AnBryce offered a opment of public-private support network. “I always had partnerships. people to turn to with questions Washington over- about navigating academic or came a number of obstacles before finding the path to success. career decisions,” Dul says. Raised primarily by his mother in Texarkana, Texas, he grew up “That was invaluable, because struggling to overcome a speech impediment and with “a lack of I was the first person in my fam- understanding about academic achievement.” But he also spent a ily to graduate from college or lot of time on his grandparents’ farm outside of Texarkana, where attend law school.” he learned “grit and determination.” Admitted to the University Dul was an articles editor on of North Texas on probation, he successfully completed required the Law Review and obtained a remedial classes and, after two years, transferred to Morehouse joint degree from Princeton (a College in Atlanta, where he majored in biology. He spent two master’s in public affairs), but years teaching middle school with Teach for America in Hous- the study of immigration law ton and obtained a master’s in education. stands out in her law school Law school offered its own challenges, and the support of experience. Taking both the the AnBryce Program was critical. “I can say quite frankly, had Immigrant Rights Clinic and I not been an AnBryce student, I would not have attended NYU, Advanced Immigrant Rights and I definitely feel like I would have floundered,” Washington Clinic taught by Professor of says. “It’s very rare from the first day of class to know that there Clinical Law Nancy Morawetz were people you could rely on—for people like Tony and Bea to ’81 “was the most challenging, make clear that ‘my Rolodex is yours.’ It was extremely moti- rewarding, and influential expe- vational to have someone who doesn’t really know you believe rience for me in law school,” Dul in you and make you feel that you should have the same con- says. “Nancy taught me how to fidence in yourself.” be an effective, creative, and Convocation stands out in his memory: “Receiving my degree Sambo Dul ’10 compassionate advocate. I still from Bea Welters and having her say, ‘Congratulations, we’re so Associate, Perkins Coie,

Phoenix carry those lessons with me.” proud of you.’ It was like having my family telling me the same thing.” DUL: WASHINGTON:| TRAVIS NEELY MARK FINKENSTAEDT Buskey ’06 New York Criminal LawReformProject, Senior staffattorney, ACLU Brandon “I was amazed at their willingness to spend that kind of time with with of time kind that spend to willingness their at amazed was “I Michael Orey is public affairs director for the Law School. Law for the director affairs public is Orey Michael cut, he spent four years in Montgomery, Alabama, as a staff attor astaff as Alabama, Montgomery, in years four he spent cut, comes down to the individuals involved in the program” and the the and program” the in involved individuals the to down comes and others, like Bea and Tony Welters, while I was in law school.” in Iwas Tony while Welters, and Bea like others, and ney at the Equal Justice Initiative (EJI) representing death row row death representing (EJI) Initiative Justice Equal the at ney without any restrictions on what that might be.” might that on what restrictions any without of Clinical Law Bryan Stevenson founded and directs EJI.) Now EJI.) directs and founded Stevenson Bryan Law of Clinical fully left the South. After a federal court clerkship in Connecti in clerkship court afederal After South. the left fully folks who asked, ‘Hey, what is it you want to do after law school?’ law school?’ do after to ‘Hey, it you want is what asked, who folks us,” he says, “and that continued to be the case with both of them of them both with case the be to continued that “and us,” hesays, Reform Project in New York, working on litigation aimed at bail bail at aimed on York, New litigation in working Project Reform Law the Criminal ACLU with attorney staff a senior is Buskey inmates and children sentenced to life without parole. (Professor (Professor parole. without life to sentenced children and inmates BORN BUSKEY IN NORTH BRANDON CAROLINA, ’06 HAS NEVER help and encouragement they provided. “There were all these these all were “There provided. they encouragement help and Buskey says that, beyond the financial assistance, “it really “itreally assistance, financial the beyond that, says Buskey

“there wasn’t a lot of money, alot wasn’t “there ’04 and Leila Thompson ’05). Thompson Leila ’04 and AnBrycers (Sheridan England England (Sheridan AnBrycers Scholarships. AnBryce With much of that litigation litigation much of that With chology and as class valedic class as and chology and right-to-counsel reform. reform. right-to-counsel and a college degree. He attended He attended degree. a college Alabama. and restaurant on MacDougal on MacDougal restaurant were students admitted other obtain to family of his member raise to college left mother of things kinds dodom the to graduated with a BA in psy in a BA with graduated sity on a full scholarship and and scholarship on afull sity he states, southern in focused - Univer State Carolina North his do.” to Because I wanted the town by two upperclass upperclass two by town the Italian an at dinner to taken Law, awarded he was NYU to accepted being After torian. Mississippi to often travels in Fayetteville, North Caro North Fayetteville, in him, Buskey became the first first the became Buskey him, lina, Buskey recalls that that recalls Buskey lina, both Root-Tilden-Kern and Root-Tilden-Kern and both free the felt I had but Ialways Street, and then for a night on on for anight then and Street, School, Buskey and some and Buskey School, When visiting the Law the visiting When Raised by a single mother mother a single by Raised ------AnBrycers saythat oneof themainbenefits of theprogram A commonwas themeintheseries that noneof thespeakers Kenneth Langone (right)withDerrySandy’15. Show the Way the Show Leading Lights CLOCKWISE FROMTOP LEFT: Otis Jr., former executive chairmanandchief officerof and mentors. In part thisisdonethrough In theLeadingand mentors. part Lights Speaker whichinvites Series, executives andotherstoshare out good mentors and support networks.out good Ithinkthat’s mentorsandsupport agreat Darden Restaurants; executive andMarianne Short, vice Kenneth Langone, co-founder of Home Depot;Clarence Recent stories. their personal guests have included to frequently nowthat I’m inmy first year of practice.” ness andlaw practice assources whoserve of inspiration message for law andit’s students, I’ve gone something back professionals took timeoutof theirbusytomeet schedules president legal andchief officer of UnitedHealth Group. is that itintroduces themtopeopleintheworlds of busi- world feel that can very unfamiliar andunwelcoming at times. in the series gavein theseries information contact ustheirpersonal and with us,” says Danielle Arbogast ’15.“Ibelieve every speaker felt that they would have reached theirlevel of success with “I was always impressed andhumbledthat suchincredible online video video

of any assistance. Thenetwork that this scholars toorientourselvesscholars inaprofessional program fosters isanincredible way for the urged ustoreach outifthey could ever be MarianneShort; ClarenceOtisJr.;

- 25 NYU LAW 2016 BY JENNIFER FREY PORTRAIT BY JULIANA THOMAS

The Indomitable Nancy Lieberman

n Christmas Eve 2007, Nancy Lieberman LLM ’81 was As one of taking a ski vacation with her family in Telluride, Colorado. Riding the triple-chairlift with her husband, Wall Street’s Mark Ellman, she had been planning to get off at an intermediateO station until a fellow skier persuaded the couple to go to the summit. “‘Oh, it’s such a beautiful day,’” Lieberman top dealmakers, recalls him saying. They continued on to the top of the mountain. Lieberman wasn’t one to be intimidated by difficult terrain. Nancy Lieberman In her decades as an attorney, she had risen to the top of New York’s competitive mergers and acquisitions (M&A) field and was has built a reputation a respected dealmaker at Skadden, Arps, Slate, Meagher & Flom. She had just come off a banner year, racking up the most billable for never backing hours in her career. Consuming many of those hours was a complicated three-way deal in which her client, Great Plains Energy Inc., was trying to acquire another company while simultane- down. When a ously selling off assets to a third. Shepherding this transaction required all of her keen technical and management skills—not tragic event forever to mention steely resolve. Terry D. Bassham, who was then chief financial officer of changed her life, Great Plains and is now chief executive, says it was Lieberman’s fortitude that got them past a critical point. The target company, Aquila, was demanding more money and threatening to walk. she stuck to her “Nancy and I turned and looked at each other,” Bassham recalls. “We didn’t say a word. She just had, as only she can have, this very winning approach. firm look that we didn’t need to budge one inch. I trusted her. We turned back to the lawyer and said, ‘Well, this is as far as we can go.’” Lieberman’s command of the negotiating table paid off; the deal closed in 2008 for $2.7 billion. Having taken up skiing at the age of 11, Lieberman regularly

W honed her skills on the icy runs of Vermont. But as she entered /MAGAZINE WW.LAW.NYU.EDU 30 NancyLieberman The Indomitable “like Lucy” and a larger-than-life personality, imparted her sense sense her imparted personality, alarger-than-life and Lucy” “like a Elayne, Her mother, points?” two other the to happened “What Jeopardy! Jeopardy! The onetime drive. on her influence biggest the was to thing ahard “That’s end,” says. she the “Period, again. walk “I says. myself,” she stop Icouldn’t edge; an “Icaught wrong. was a litigator, and she took note of his “exciting job in a big in job “exciting of his note took she and a litigator, was I heard my neck snap, and that was it.” was that and snap, my neck I heard Lieberman says. “We didn’t have buckets of money, “We have buckets didn’t but we says. had Lieberman Up until that time, there was little Lieberman couldn’t do. Preter couldn’t Lieberman little was there time, that Up until Leave It Beaver to Leave idyllic, “an lived hair red sported who decorator interior amateur and homemaker person.” you’re when acan-do hear his footsteps, “the world would be my oyster.” world be would “the footsteps, his Chicago law firm,” she says. Exactly what a lawyer did was still a still was did lawyer a what Exactly says. she law firm,” Chicago mystery to her, but she was fairly certain that if she followed in in followed she if that certain fairly her, to was she but mystery naturally determined, with an outsize sense of purpose, Lieberman Lieberman of purpose, sense outsize an with determined, naturally never would she told her doctors the grim: was ity. Her prognosis and I was going fast and just hoping I’d get out of it. I hit a tree. I’d atree. hoping Ihit out of it. get just and fast going Iwas and amazing times,” echoes Warren. Still, Lieberman was eager to eager was Lieberman Still, Warren. echoes times,” amazing say, he would Warren, Jane sister recalls on atest, of 98 a score of style to Lieberman. to of style home with came she If excel. to Lieberman pushed champion Her cousin of 12. age the at a lawyer become to decided bad, it was Iknew although anything, seeing don’t remember the not particularly steep slope in Telluride, something went something Telluride, in slope steep particularly not the BECOMING NANCY LIEBERMAN The family, which also includes a brother, Gary Lieberman, Lieberman, Gary abrother, includes also which family, The Her father, Eli, a traveling salesman who became a builder, abuilder, became who salesman atraveling Eli, Her father, She came out of surgery a quadriplegic with limited lung capac lung limited with aquadriplegic out of surgery She came -ish” life in Little Neck, Queens, Queens, Neck, Little in life -ish” - -

would satisfy him, and eventually he got to Lieberman. “Hon Lieberman. to he got eventually and him, satisfy would Professor Richard Epstein, now the Laurence A. Tisch Professor Professor Tisch A. Laurence now the Epstein, Richard Professor flip the switch,” Lieberman says. says. Lieberman switch,” the flip for Judge Henry A. Politz of the US Court of Appeals for the Fifth Fifth for the of Appeals Court US of the Politz A. for Henry Judge Epstein. included,” says world, myself large on the took she Then material. the mastered over that get to She had reinforcement. some use could but ing, that answer an provide could No one tort. a define to students ing peers—which proved to be somewhat daunting. daunting. somewhat be to proved peers—which barrier of self-doubt,” says Stone. “The two of them helped me helped of them two “The Stone. says of self-doubt,” barrier assured. When Epstein grilled her again, this time with ques with time this again, her grilled Epstein When assured. dean the persuaded she of Rochester, University the attending of the University of Chicago Law School, took Lieberman under under Lieberman took School, Law of Chicago University of the ‘It depends, out, Iblurted “So no idea,” recounts. she Ihad estly, press classroom the down up and Law, pacing was NYU at of Law her than younger years 19—several at School Law of Chicago the University entered She school. law of year first the with college of year last her combine to her allow to sciences and of arts to teach the class. “By sheer force of will and intelligence she intelligence and of will force sheer “By class. the teach to her asked and chalk the her he handed Impressed, answers. the law, had she on tax class his in case aparticular regarding tions promis quite who was someone like seemed “She wings. their education, her through She raced world. the out into get says, recalling a particularly telling incident from her Torts class. class. Torts her from incident telling aparticularly recalling says, While at 16.school high finishing and grade eighth skipping strawberry or apple?’” strawberry “I was lost, like a deer with my eyes in the headlights,” she headlights,” the in my eyes with a deer like lost, “I was Earning her law degree in 1979 at age 22, Lieberman clerked clerked Lieberman 22, 1979 age at in law degree her Earning By her third year of law school, she was confident and self- and confident was she of law school, year third her By dean became later who Stone, Geoffrey Professor and Epstein - - - -

31 NYU LAW 2016 Circuit in New Orleans. Then in 1980, Lieberman entered NYU Law In 1987, at the age of 30, Lieberman became Skadden’s youngest for her LLM in tax. She studied with Charles Lyon, who served as partner ever—a record she still holds. “I got to work on all these deputy chief prosecutor at the Nuremberg trials before chairing great deals. I went to China before it really changed … traveled the NYU tax law department, and with James Eustice LLM ’58, a all over the world … and then became partner. What could be bet- legendary figure in the field. She credits her time at NYU for pro- ter?” Lieberman exclaims. But her greatest challenge was ahead. viding her with a deep understanding of tax law. “[It] gave me a superb grounding and sensitivity to the tax implications of every WORKING HER WAY BACK transaction, which I was able to incorporate into my M&A prac- Following her injury, Lieberman was told that about 80 percent tice over the years. It was a fantastic experience.” After graduating of spinal cord patients never return to work. She would have none from NYU, she became an associate at Skadden in 1981, at age 24. of that. As an attorney, Lieberman had built a reputation for her skill at targeting a problem and inventing a novel way to break MERGER MANIA an impasse. And in addressing her injury, she took the same Skadden was a revelation to Lieberman—contemporary (in com- approach. While in recovery at Mount Sinai Hospital in New York, parison to the white-shoe firms of the time) and staffed with law- she received a visit from Dr. Mark Noble, director of stem cell and yers who were doing enterprising and bold work. “You felt like regenerative medicine at her alma mater, the University of Roch- there was electricity pulsing through the floors,” says Lieberman. ester. His team was conducting research in cell transplantation One area that sparked her interest was the frenetic world of merg- therapy and seeing promising results for spinal cord injuries. ers and acquisitions, especially the hostile takeovers that came to Though commercialization of his research was still years away, define the ’80s. “It was sort of like the Wild West. The rules were he thought she might be a candidate for robotics-based rehabilita- first being written,” she says. With the old-line Wall Street firms tion therapy at the Burke Medical Research Institute. He was right. generally avoiding that kind of work, Skadden seized on an oppor- Burke’s robotics program gave Lieberman a meaningful degree tunity and quickly became a dominant player in M&A, as it is today. of upper arm movement. With hard-fought rehabilitation, she In 1985, Lieberman was consumed with the then-largest non- regained use of her arms and can now wiggle her fingers. Lieber- oil deal in the world—the $12 billion merger combining aerospace man went back to Skadden in early 2009, just over a year after the and automotive conglomerates Allied Corporation and the Signal accident. To accommodate her disability, the firm hired a con- Companies (the merged companies are now known as Honeywell). sultant to make the office accessible and was ready to change the In this pressure-cooker environment, says former Skadden asso- configuration of her office and buy a new desk plus other assistive ciate Pamela Fox, Lieberman never lost her cool. “She came to my devices. “They pulled out all the stops,” says Lieberman. “But the office in a whirlwind, her arms full of black binders. ‘We need to one thing that someone like me wants is for everything to be the do this, we need to get that,’ she told me, listing 100 things that way it used to be.” So she had her desk elevated and accepted the had to be done by the next morning. Then she stopped, looked at firm’s offer to invest in a voice recognition system to take dicta- my briefcase, and said: ‘Bottega Veneta? We’re going to get along tion and compose e-mails. She also types using pointers taped just great.’” to her hands. Lieberman proceeded to draft the Allied merger agreement, “It was a very hard recovery, make no bones about it. But I had her first ever from scratch, and with none of the databases avail- every reason to live,” says Lieberman, who turns 60 in December. able today, under a 12-hour deadline. “It was sink or swim. If “I knew I couldn’t have 100 percent of my life back, but I knew I you were good, you’d figure it out. It was a great feeling of empow- could get at least 90 or 95 percent. That was my goal, and I think erment,” says Lieberman. I achieved a lot of it. I couldn’t let my family down.” Love and sup- The following year she helped United States Steel Corpora- port from Ellman, founder and president of Celestial Capital Group, tion fend off a takeover bid by Carl Icahn. Dealing with Icahn a real estate private equity investment firm, and their son, Eric, was a lesson in itself. She would draft an agreement one day, who was eight years old at the time of the accident, as well as from only to have him change his mind the next. The parties would extended family, friends, and business associates, sustained her. insist she join them for dinner even though she still faced hours During her rehabilitation, Lieberman’s clients visited of work. “I’d be sitting there with her to offer their support and the leading investment bankers to ascertain her capabilities. in the world—the heads of M&A. “They wanted to know whether It was exhilarating,” she says. I had the stamina, the where- Whether it was at dinner or a At the age of 30, Lieberman became withal, whether I was some- negotiating session, Lieberman Skadden’s youngest partner ever— one who could still work hard was often the only woman at the a record she still holds. “I got to and be available,” she says. The table. But she doesn’t focus on majority of them assured her experiences of discrimination. work on all these great deals. I went that they didn’t hire her for her “You wanted to be treated like one to China before it really changed … pretty handwriting. “They’d say, of the boys,” she says, crediting traveled all over the world … ‘You’ve got your brain, and that’s Skadden’s famed partner Joseph what I care about.’” Flom for creating an environment and then became partner. Though Lieberman can’t put

W where women could flourish. What could be better?” the injury behind her completely, /MAGAZINE WW.LAW.NYU.EDU 32 “If the new drug flopped, we’d still own it, and we wouldn’t have and we wouldn’t it, own we’dstill flopped, drug new the “If Amylin to buy back the drugs for $1.6 billion with a smaller a smaller with for $1.6 billion drugs the back buy to Amylin Amylin’s getting FDA approval on a new once-a-week diabetes diabetes once-a-week on anew FDA approval getting Amylin’s phar another with adeal struck had Lilly that learned Amylin Talks hit a “brick wall,” according to Lieberman, so the Skadden Skadden the so Lieberman, to according wall,” a“brick hit Talks with the tenacity and skill she is known for, and it won her renewed for, it won renewed her and known is she skill and tenacity the with Pharmaceuticals for Amylin deal acomplex handled she work, recognition. magazine named Lieberman a dealmaker of the year, and Law360 Law360 and year, of the adealmaker Lieberman named magazine a50 representing 2012, in billion for $7 Bristol-Myers to itself ing sell did, Amylin what that’s And interference. Lilly’s without ner part anew find to Amylin allowed contract the that sure made Lieberman drug. diabetes arival market to company maceutical percent increase from an initial bid just four months earlier. months four bid just initial an from increase percent Lilly. from back drugs two wrest to negotiate to Amylin pushed put her on its list of M&A MVPs. of M&A list on its her put up-front fee—$250 million—and the rest contingent on contingent rest the million—and fee—$250 up-front breach of contract. contract. of breach drug being developed and hitting certain revenue targets for it. for it. targets revenue certain hitting and developed being drug 2011, early in But diabetes. treat to drugs market and develop talks. Lieberman worked out an innovative deal that allowed allowed that deal innovative worked out an Lieberman talks. the tables on would-be acquirer GeoEye—all in a weekend. It aweekend. in GeoEye—all acquirer on would-be tables the also team her and of money,” tons them pay Lieberman to says. she for Lilly sue Amylin that recommended led, she which team, started on Friday, May 4, 2012, when GeoEye, a satellite imagery imagery asatellite GeoEye, when 2012, on Friday, 4, May started to returning after years three Just down. slowed hardly has she 3 1 attorney atSkadden,19816 attorney 2 1

Lieberman, 1961,agefour2 As ayoungundergrad UniversityofRochester4 atthe A small biotech, Amylin had joined with Eli Lilly in 2002 to to 2002 in Lilly Eli with joined had Amylin biotech, A small While saying the suit had no merit, Lilly agreed to resume resume to agreed Lilly no merit, had suit the saying While Lawyer American the transaction, two-step masterful For this Later that year, she helped Skadden client DigitalGlobe turn turn DigitalGlobe client Skadden helped she year, that Later With hersister,With Jane,19827 The Lieberman family at Niagara Falls, 1961: father Eli, mother Elayne,Nancy(left),brother mother Eli, 1961:father TheLiebermanfamilyatNiagaraFalls, Gary, sisterJane 4 3 With her mother on graduation day, ongraduation hermother With UniversityofRochester, 19775 With husband, Mark Ellman, in 1997, celebrating a sailing award asailing in1997,celebrating husband,MarkEllman, With 6 5 - - -

visited South America, China, and elsewhere, refusing to let her her let to refusing elsewhere, and China, America, South visited McCormack, a young partner who was a Lieberman protégée. aLieberman was who partner ayoung McCormack, It’s been nearly nine years since the accident, and Lieberman has has Lieberman and accident, the since years nine nearly It’s been it back sending and draft associate’s up an marking than Rather move to they when he adds, business, their retains and Kaplan, set quickly Lieberman million. $800 for almost DigitalGlobe

On Sunday night, DigitalGlobe released a three-page letter that that letter athree-page released DigitalGlobe night, Sunday On rival—a tactic known as the “Pac-Man” defense. Less than three three than Less defense. “Pac-Man” the as known tactic rival—a buy its DigitalGlobe that instead and proposed GeoEye rebuffed night, sparing the associate from a weekend of spinning wheels, wheels, of spinning a weekend from associate the sparing night, on aFriday do this her seen “I’ve lawyer. junior the with ments com her through go to time the take often she’ll for revision, relation intense has “Nancy roster. on her clients of the most for GeoEye buy to plans announced later, DigitalGlobe months i up a war room of executives and lawyers to work out a strategy. work to out astrategy. lawyers and of executives room up awar and determination toward furthering progress in spinal cord spinal in progress furthering toward determination and about $900 million, a deal that closed in 2013. 2013. in closed that adeal million, $900 about FIGHTING FOR ACURE FOR FIGHTING company, released a bear-hug letter proposing to purchase rival rival purchase to proposing letter abear-hug company, released disability dent her passion for travel. for travel. passion her dent disability other companies. She is also a valued mentor to her associates. associates. her to mentor avalued also She is companies. other taken back her life, both professional and personal. She grows She grows personal. and professional both life, her back taken trying to figure out what Nancy was getting at,” says Alexandra Alexandra at,” says getting was Nancy outwhat figure to trying She has ridden a camel in Morocco; gone on safari in Africa; and and Africa; in gone on safari Morocco; in acamel ridden She has garden. sister’s her in plant to kitchen her in Williams Sweet Mark colleague Skadden longtime says clients,” her with ships njury research. When New York State cut crucial funding for funding York New crucial cut When State research. njury Lieberman is also directing some of her enormous energy energy enormous of her some directing also is Lieberman Lieberman continues to be a rainmaker, having brought in in brought having arainmaker, be to continues Lieberman 7 A newly minted A newlyminted

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33 NYU LAW 2016 spinal cord injury programs, husband, Mark, a serious sailboat including those dear to her— “It was a very hard recovery, racer, on leisurely sails. She also Dr. Mark Noble’s and Burke’s— make no bones about it. hosts Thanksgiving dinner for she took action. Lieberman But I had every reason to live.... friends and family, taking charge co-founded New Yorkers to Cure I knew I couldn’t have 100 percent in much the same way she does Paralysis in late 2013 to restore at Skadden. Assuming the role the funding. “We went up to of my life back, but I knew of executive chef, Lieberman Albany and lobbied the hell out I could get at least 90 or 95 oversees the making of the tradi- of this,” she says. “I wasn’t going percent. That was my goal, and tional Nana Elayne’s Golden to give up, and I didn’t give Vegetable Soup, “barking out up.” Not only did her lobbying I think I achieved a lot of it.” orders … too much of this, too succeed in getting the money little of that,” says her sister, restored, but Governor Andrew Jane Warren. Lieberman’s table, Cuomo appointed Lieberman like her documents, must be just director of the review board that right. “The fork is one inch too oversees the fund’s allocation. high. The glass goes at 1:00 on the placemat, not 1:30,” says Warren. Lieberman has raised more than $750,000 for spinal cord People often tell Lieberman that she is courageous, strong, injury research and is committed to finding a cure, she says, and what her family calls “the forbidden I word”—inspirational. for people like a young girl she met who was paralyzed when “What they’re really saying to me is they would give up, and they struck by a stray bullet. “I’ve already had a great life. She’s only could never cope with what I deal with on a daily basis,” she says. had 13 years.” “After hearing this over and over I thought, life is fantastic, and Though Lieberman is incredibly busy—“It’s hard to get a I’m sure glad I’m not missing it. I could either whine or drink wine. date with Nancy. Her calendar is very full,” says friend Marcy I’d rather the latter.” n Syms—spending time with family still trumps all. “Her son Eric is the love of her life,” says her brother, Gary. She joins her Jennifer Frey is a New York City–based writer.

1 2 5

3 4

1 Riding a camel in Morocco, 2014 2 Lieberman in her office at Skadden 3 Lieberman and David Carmel (second from right), co-founder of New Yorkers to Cure Paralysis, touring the University of Rochester’s Neuromedicine Intensive Care Unit 4 With son, Eric, and husband, Mark,

at Windsor Castle, 2015 Zinnia seedlings sunning in her office window IMAGE ADAM3; FENSTER/UNIVERSITY OF ROCHESTER

W 5 /MAGAZINE WW.LAW.NYU.EDU 34 26 WWW.LAW.NYU.EDU /MAGAZINE E 2011 and co-authoring numerous articles with NYU Law professors. professors. Law NYU with articles numerous co-authoring and 2011 In July, Rock made his move up the Northeast Corridor perma Corridor Northeast move up July, the In his made Rock ’83 ROSEN ELLEN f corporate Law’s NYU transactions, business real-world top New York dealmakers to teach students about corporatein governance politics or up teaming with Whether questioning the gap between rhetoric and reality Best Practices ILLUSTRATION BY BENEDETTO CRISTOFANI BENEDETTO BY ILLUSTRATION have jointly published 13 articles on hedge funds, corporate vot corporate funds, on hedge articles 13 published have jointly ing, proxy access, corporate federalism, and mergers and acqui and mergers and federalism, corporate access, proxy ing, nance and Finance. (See story on page 52 for a profile of Rock.) for aprofile 52 on page story (See Finance. and nance opportunity,” unparalleled an was it finance, law and corporate School. Law the at member faculty afull-time becoming nent, in avisitor as here of Law, School teaching NYU to connections and securities articles for their publication year by a survey of asurvey by year publication for their articles securities and - Gover for Corporate Institute new the head and establish also He will Acquisitions. and Law: Mergers Corporate Advanced and occurring at NYU Law and the fact that New York for center that the is fact the and Law NYU at occurring sitions—nine of which were ranked among the top 10 corporate 10 top corporate the among ranked were of which sitions—nine says Rock, who will teach Corporations, Corporate Law Theory, Theory, Law Corporate Corporations, teach who will Rock, says aculty take the conversation to the next level. “With all the interesting scholarship and programming programming and scholarship interesting the all “With Rock and Marcel Kahan, George T. Lowy Professor of Law, Professor T. George Lowy Kahan, Marcel and Rock University of Pennsylvania Law School, he had estab he had School, Law of Pennsylvania University law scholars. But during that time, he also forged deep deep forged he also time, that during But law scholars. the at decades two than of more course the Over home. lished himself as one of the nation’s leading corporate corporate nation’s leading one of the as himself lished dward Rock should have no trouble calling NYU Law Law NYU calling have notrouble should Rock dward

( Theory and Theory

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“But more importantly, it leads to papers that are better than if if than better are that papers to it leads importantly, more “But Law Review Lipton ’55, co-founder of Wachtell, Lipton, Rosen & Katz, a firm afirm &Katz, Rosen of Wachtell, Lipton, co-founder ’55, Lipton mergers and law, governance, corporate in ’10—a specialist LLM Kahan found them to be largely irrelevant in the face of the more more of the face the in irrelevant largely be to them found Kahan we’ve worked through so many arguments that the articles end end articles the that arguments many so we’ve through worked Governance Politics” (which examines “the persistent gap between between gap persistent “the (which examines Politics” Governance how antitakeover statutes affect corporate managers. Catan and and Catan managers. corporate affect statutes how antitakeover Commentator Practice Corporate the in, lished Stanford Stanford the In results. eye-opening with often recently, issues gov much of corporate so characterizes that reality and rhetoric by, pub conducted and law professors securities and corporate powerful poison pill defense. That defense was created by Martin Martin by created was defense That defense. pill poison powerful be lonely, so it’s nice to have someone to work with,” says Rock. Rock. says work to lonely, with,” be have someone to it’s so nice up stronger than if we had done them by ourselves.” ourselves.” by done them we had if than up stronger and acquisitions—used empirical research to argue that finance finance that argue to research empirical acquisitions—used and tions of legal practice and business. business. and practice of legal tions intersec real-world at lenses scholarly their pointing theorists done, Iare and Marcel time the By alone. written been had they d a it captures because That’s symbolic. itself is politics”), ernance scholars have been “barking up the wrong tree” with their focus on on focus their with tree” wrong up the “barking have been scholars efining attribute of NYU Law’s approach to legal education: top top education: to legal Law’sapproach NYU of attribute efining The duo’s most recently honored article, “Symbolic Corporate Corporate “Symbolic article, honored duo’s recently The most Corporate faculty members have taken aim at a variety of avariety at aim have taken members faculty Corporate , Kahan and Assistant Professor of Law Emiliano Catan Catan Emiliano of Law Professor Assistant and , Kahan )

. “Scholarship can can . “Scholarship

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27 NYU LAW 2016 28 WWW.LAW.NYU.EDU /MAGAZINE And Kahan and Rock, along with Stephen Stephen with along Rock, and Kahan And Review yses can be challenging, and sometimes it sometimes and challenging, be can yses Enforcement Empirical Database (SEED), Database Empirical Enforcement Information Technology Services Depart Services Technology Information Assets Corporate want to look at, including the difference difference the including at, look to want and counsel, researchers, provide to wanted to voting of majority adoption widespread Cornerstone Research on the project. “Our “Our project. on the Research Cornerstone against actions enforcement Commission Profes Bring Kathleen and Murray Choi, his goal, he had to create the Securities Securities the create to he had goal, his 62 for an on page story (See takeovers. hostile against companies for defending known calls for creative solutions. Choi, director director Choi, solutions. for creative calls firms.” non-adopting on the pressure create corpora in accountability board improve article.) Kahan’s and Catan at look in-depth istrative proceedings and civil court actions. I’m like a kid in in akid I’m like actions. court civil and proceedings istrative we of things lots are There decisions. ment ablack as viewed often is SEC ment.) “The Exchange and Securities about data ified ver and searchable easily with corporations publicly traded companies. To accomplish To accomplish companies. traded publicly between SEC enforcement through admin through enforcement SEC between with partnered center whose Choi, box,” says built, and launched by the Law School’s Law the by launched and built, are already most responsive, then used “the “the used then responsive, most already are a candy store and just starting to analyze the data.” (See story story (See data.” the analyze to starting just and store a candy goal is to shed light on securities law enforce on securities light shed to is goal advocates reform that concluded They tions. the first of its kind. (SEED was designed, designed, was (SEED kind. of its first the on page 42 to read about the work students are doing on SEED.) doing are work students the about read to 42 on page for &Business, Law Center Pollack of the Law Chicago of University the in questioned seem to have initially targeted the firms that that firms the targeted have initially to seem Law, Penn from Fisch of Law, Jill sor and Capturing data for such empirical anal for empirical such data Capturing whether majority voting rules really really rules voting majority whether

Law &Business Law for Center Pollack Director, Founding Business; and Law of Professor Nusbaum Allen William ------

Gary Way ’83 Gary Management Global Apollo John Suydam ’85 Worldwide Resorts & Hotels Starwood ’80 Siegel Kenneth ’82 Schorr Brian Companies Lauder Estée The ’74 Moss Sara ’85 Milch Randal Formerly Dropbox of ’00 Homsany Ramsey ’87 Hoffman Scott Colgate-Palmolive of Formerly Andrew Hendry ’72 ’00 Vijaya Gadde ’80 Ferber Laurie DoubleClick of Formerly Stephanie Abramson ’69 alumni: School Law of array an included have guests work. Recent actual their from drawn studies case corporate general counsel present former and current which in seminar, Counsel General Corporate the of Role the leads Morrison Trevor Dean Get Specific General Counsel Enforcement and Compliance Corporate on Program Co-Director, Law; of Professor Paige Z. Norma ’86 Arlen Jennifer Nike Trian Partners Twitter Formerly of Verizon MF Global Holdings Global MF Lazard a corporate transactional attorney with Debevoise & Plimpton. &Plimpton. Debevoise with attorney transactional a corporate dents work together analyzing deals. “Having a mix of JD and MBA MBA and of JD amix “Having deals. analyzing work together dents students brings a lot to the table,” says Nnenne Okorafor ’15, now ’15, Okorafor Nnenne table,” says the to alot brings students

of Law of Professor Assistant Catan ’10 LLM Emiliano 2014. Recognizing that their specialty was was specialty their that Recognizing 2014. LLP Transactional and Law and Business Business and Law and Transactional LLP Garrison & Wharton, Rifkind, Weiss, Paul, Miller (the author of the first casebook to casebook first of the (the author Miller leading experts in corporate liability and and liability corporate in experts leading and management, risk governance, link Com on Corporate Program the launched hard to get into a white-collar department department a white-collar into get to hard for students interested in careers in com in careers in interested for students courses in-depth developed also ciation) (one nation’s Arlen of the and compliance) events.) recent program’s the about read misconduct of corporate causes of the ing they when kind of adifferent ground new Stuyves Miller, of Law, Geoffrey and fessor courses), law students and business stu business and law students courses), of the (part classes these In practice. rate pliance and Enforcement in the spring of spring the in Enforcement and pliance prepare students for the reality of corpo reality for the students prepare quite “It’s often or enforcement. pliance jointly with the Stern School of Business of Business School Stern the with jointly and compliance. (See story on page 73 to 73 on page story (See compliance. and enforcement of effective nature the and Law, of broke Professor P.ant Comfort as summer associates.” associates.” summer as even matters work to able on white-collar stu our because “but Arlen, says afirm,” at the American Law and Economics Asso Economics and Law American the of secretary-treasurer elected newly the devel to dedicated aprogram created they area, growth a dynamic into transforming oping a richer and deeper understand deeper and aricher oping dents are well prepared, they have been have been they prepared, well are dents Jennifer Arlen ’86, Norma Z. Paige Pro Paige Z. Norma ’86, Arlen Jennifer Signature law and business courses held held courses business law and Signature Law &Business Law for Center Pollack Director, Law; of Professor Bring Kathleen and Murray Choi Stephen ------

“Law students, unlike business students, are risk-averse. The The risk-averse. are students, business unlike students, “Law Rifkind, Wharton & Garrison; Wachtell, Lipton, Rosen & Katz; Katz; & Rosen Lipton, Wachtell, Garrison; & Wharton Rifkind, Delaware of the chancellor former (the Allen William Business Ethical and Legal Challenges in the Modern Corporation. Corporation. Modern the in Challenges Legal and Ethical Professor of Law Professor T. Lowy George Kahan Marcel with the opposite armband. That’s what they will encounter if if encounter will they what That’s armband. opposite the with Law in Program Leadership Jacobson Mitchell the co-direct who Gottlieb Steen & Hamilton; Fried, Frank, Harris, Shriver &Jacob Shriver Harris, Frank, Fried, &Hamilton; Steen Gottlieb Roths &Company, and Moelis Lazard, Management, Capital HG Vora from executives have included years recent in Guests deals of the theory the analyzing beyond go of Chancery) Court know that transactions take place within the framework of the law; of the framework the within place take transactions that know is essential to success. “Students need to understand that law and law and that understand to need “Students success. to essential is co-teaches the Law and Business of Corporate Governance, as well well as Governance, of Corporate Business and Law the co-teaches really to of resources School’s network Law the and resources Cleary as such law firms leading from partners as well as child, of anatomy an conduct to of students help to teams important, and of Law Professor Nusbaum and Lazard) at banking ment business is a team sport,” says Rosenfeld. “Business students need to to need students “Business Rosenfeld. says sport,” ateam is business at the intersection of those disciplines—think this cross-pollination cross-pollination this disciplines—think of those intersection the at careers high-level pursuing students for exceptional Business and and Business of Corporate Turnarounds and Leadership and the the and Leadership and Turnarounds of Corporate Business and Law the Brenner: Karen Professor Affiliated with courses two as its and city the “We easy. use practitioners top such attracting make of Manhattan heart the in location central its and alumni, &Gallagher. Farr Willkie and overcome.” were how they and roadblocks the but also action, and host the practitioners who orchestrated them. “We bring in in “We bring them. orchestrated who practitioners the host and the deal,” says Rosenfeld. “We look at the drivers of the trans of the drivers the “We at look Rosenfeld. says deal,” the of invest chairman vice and CEO the to (advisor Rosenfeld tions, work.” transactional into go they someone with working they’re when surprised be shouldn’t they the people who did the deals to help us in the course and, more more and, course the in help to us deals the did who people the enhance the experience that the students have,” says Scott, who who have,” Scott, says students the that experience the enhance Helen Scott— and Rosenfeld Gerald Professors discussions.” class interesting really many made for perspectives different son; Gibson, Dunn & Crutcher; Latham & Watkins; Paul, Weiss, Weiss, Paul, & Watkins; Latham & Crutcher; Dunn Gibson, son; NYU Law’s strong reputation, its deep bench of corporate of corporate bench deep its reputation, Law’s strong NYU Transac of Corporate Business and Law the as such classes In Enforcement and Compliance Corporate on Program Institutions; Co-Director, Financial for Center Director, Law; of Professor P. Comfort Stuyvesant Miller Geoffrey and Finance Governance Corporate for Institute Director, Law; of Professor Rock Edward - - - - -

“We bring in the GRL ROSENFELD GERALD Andriola JD/MBA ’15. “When you go out into the real world, you real the you out go into “When ’15. JD/MBA Andriola Ellen Rosen ’83 is a freelance writer whose stories have appeared in appeared have stories whose writer afreelance ’83 is Rosen Ellen teams of students to the course and, more Polk & Wardwell. “We had a networking event with Goldman Sachs, Sachs, Goldman with event a networking “We had & Wardwell. Polk of the deal.” conduct ananatomy and Bloomberg News. Bloomberg Yorkand New the Times know what you’re doing,” says Andriola, now an associate at Davis Davis at associate now an you’re Andriola, what says doing,” know people who did the room and have them talk together.” That room, where theorists theorists where room, together.” That talk have them and room same the in people critical the all gather to Iwant going. is nance gover corporate where about questions of critical ahost raises predicted, long change, “This Rock. says governance,” corporate institu largest the where aperiod “We’ve reached community. business the and School Law the between ties strengthen further deals to help us in Square. on Washington be will commingle, practitioners and possible opportunities of the you all give just They Mets. the at executives corporate meet to got and Seamless, with outreach an tional investors are the deciders in any critical controversy in in controversy critical any in deciders the are investors tional done.” job the get really to important, to help The approach is much appreciated by students like Pat like students by much appreciated is approach The Rock’s new Institute for Corporate Governance and Finance will will Finance and Governance for Corporate Institute new Rock’s Business and Law in Program Leadership Mitchell Jacobson Co-Director, Residence; Distinguished Scholar in and Practice of Professor Rosenfeld Gerald and Business and Law in Program Leadership Jacobson Co-Director, Mitchell Law; of Professor Sco Helen tt - -

29 NYU LAW 2016 43 37 Doris Ling-Cohan ’79, Ling-Cohan Doris New York’s asanappellate judge, firstAsian American womanto serve

39 Students take on the school-to-prison pipeline school-to-prison the on take Students

Stephanie Toti ’03 abortion defends rights 36

Remembering Law NYU community members who passed away this year receives the Women Collective’s ofColor 2016 Woman ofDistinctionAward.

Matthew Johnson ’93 takes over the Los Angeles Police Commission Police Angeles Los the over takes ’93 Johnson Matthew The People The ……

52 NYU welcomes a new president anew welcomes NYU

Meet Professor Edward Rock Edward Professor Meet

35 THE PEOPLE The Star Lawyer Overseeing the LAPD

edia mogul Oprah Winfrey, come- That drive led Johnson to develop a remarkable dian Sacha Baron Cohen, and tennis roster of clients from the worlds of entertainment star Serena Williams have achieved and sports. “My business philosophy has always fame for different talents, but they all been to do things that I find interesting and fun, haveM one thing in common: their lawyer, Matthew and if the money follows, great, and if it doesn’t, at Johnson ’93. The managing partner at Los Angeles least it was interesting and fun,” Johnson says. “If firm Ziffren Brittenham, Johnson has spent more there’s one thing that distinguishes my practice than two decades building his reputation as one from a lot of entertainment lawyers, it’s that I tend of Hollywood’s top lawyers; he has been named to have more entrepreneurial clients.” Representing to the Hollywood Reporter’s list of “power lawyers” filmmaker Tyler Perry, for example, Johnson helped every year since 2008. This year, Johnson also took create a new model of producing original content on a new role: president of the Los Angeles Police for cable networks. But even as he made groundbreaking Hollywood deals, Johnson continued to pursue public service work. A volunteer with the Boys and Girls Clubs since 1997, Johnson has served on the board of two chapters of the organization and as a national trustee. He is also a member of the Democratic National Committee, and he served on Los Angeles Mayor Eric Garcetti’s five-person transition team in 2013. Now, in his role as president of the Los Angeles Police Commission, Johnson recognizes the challenges that Los Angeles and the country at large face in grappling with the need for police reform. “When you look at the environment today, the feel- ings of people are informed not just by what happened in their neighborhood or their city; it’s what happens nationally. So when you see a video of Eric Garner being choked to death by policemen in New York, that’s going to impact how people feel across the country,” Johnson says. “This starts to create a level of distrust between communities and the police department. So the biggest challenge is Commission, the five-person civilian board that reversing that trend.” oversees the nation’s third-largest police force. Friends and colleagues say Johnson is well suited Although he has built his career in entertainment to this daunting task. “He is certainly someone law, Johnson’s interest in government and public who has a strong sense of right and wrong and is also service is long-standing. “When I went to law school, willing to fight for what he believes in,” says Garfield. I had two competing interests: the entertainment Sam Fischer, the partner who hired Johnson at business and politics and social justice,” he says. “I Ziffren Brittenham, underscores his toughness: . USED WITH PERMISSION. WITH USED . ended up basically doing both.” “He does Navy SEAL obstacle courses.” After graduation, Johnson set his sights on Johnson’s physical fitness has been tested by dealmaking in Hollywood. “Matt moved out to what essentially amounts to two full-time jobs. As California pretty much knowing no one and with a to how he manages both, Johnson says, “First of all, LOS ANGELES TIMES clarity of vision about what he wanted to do,” says I don’t sleep very much.” He also had to step down Dean Garfield ’94, president and CEO of the Infor- from the boards of several nonprofits for the dura- mation Technology Industry Council, and Johnson’s tion of his time as president of the police commis- roommate during law school (see story on page 51). sion. “That was very hard to do,” he says. “But I do “That is very much his personality: He’s willing to feel that there’s really no more important work to SCHABEN/COPYRIGHT 2016, 2016, SCHABEN/COPYRIGHT W identify a vision and work incredibly hard to get it.” do right now.” Rachel Burns /MAGAZINE WW.LAW.NYU.EDU 36 THE CENTER FOR REPRODUCTIVE RIGHTS Keeping Abortion Legal Abortion Keeping An experienced trial and appellate advocate, Toti Toti advocate, appellate and trial experienced An

challenged a pair of Texas laws known as “Targeted “Targeted as known laws of Texas apair challenged centers’ “deceptive advertising,” which implies that that implies which advertising,” “deceptive centers’ or Iprepared way that the about anything change W ambulatory surgical centers and doctors who doctors and centers surgical ambulatory Court. Supreme the before argument one for the crucial case—a This courts. federal and arguments in a 5–3 decision. “I’m elated the nation’s the “I’m elated a5–3 decision. in arguments abortion clinics. Toti argued that these laws, these that argued Toti clinics. abortion would be like,” Toti says. “But ultimately, it didn’t it didn’t ultimately, “But says. Toti like,” be would questions of the cadence the what and like be would as designated be to clinics abortion required which ment, who has partnered with Toti and the CRR CRR the and Toti with partnered has who ment, strategy.” overall our rul “This says. Toti country,” the of women across state’s of the of 75 percent closure the required Toti’s first movement—marked rights reproductive generation of American women.” of American generation challenge. the making providers abortion Texas Stephanie Toti ’03 takes the fight against Texas’s restrictive abortion laws abortion Texas’s against fight restrictive the Toti ’03 takes Stephanie pregnancy centers to post signs indicating that that indicating signs post to centers pregnancy women. on Texas burden undue an place at privileges have admitting to abortions provide for Reproductive Rights (CRR), represented the the (CRR), represented Rights for Reproductive safety counsel for the Baltimore City Law Depart Law City Baltimore for the counsel safety argument oral the what about uncertainty some Regulation of Abortion Provider” or TRAP laws. laws. or TRAP Provider” of Abortion Regulation they do provide abortions and contraception. After After contraception. and abortions provide do they was ordinance The abortions. provide do not they crisis requiring ordinance defendto aBaltimore “It created Scalia. Antonin of Justice passing the after shortly court eight-person an before come to cases first one of the it was because attention ticular of millions dignity and health the protecting tions, also would of clinics closure resulting the that successfully case The decades. two in court the to the Supreme Court. Supreme the to for the next v. of Roe next Wade forthe promise the fulfills ing intended to counteract what Toti describes as the the as describes Toti what counteract to intended her to be,” says Suzanne Sangree, senior public public senior Sangree, Suzanne be,” to her says restric sham Texas’s down struck court highest and unnecessary medically were hospitals, local state both in cases justice reproductive litigating for adecade, CRR the at acounsel as served has Stephanie Toti ’03, senior counsel at the Center Center the at counsel ’03, Toti senior Stephanie “She was brilliant in her arguments, as I expected Iexpected as arguments, her in brilliant was “She Whole Woman’s- par Whole drew v. Health Hellerstedt On June 27, the Supreme Court affirmed Toti’s affirmed 27, June On Court Supreme the If enforced, the Texas TRAP laws would have would laws TRAP Texas the enforced, If was the first abortion case to come before come to case abortion first the was , argued Woman’shole v., argued Health Hellerstedt before the Supreme Court this past March, March, past this Court Supreme the before - - -

“That was really a great victory because it shielded it shielded because victory agreat really was “That , Toti still stresses the the Woman’s stresses still Health v., Toti Hellerstedt erstedt clear-thinking, even when things are going hay going are things when even clear-thinking, choice legislation, seeking seeking legislation, choice abortion to submit to a mandatory ultrasound exam. exam. ultrasound amandatory to submit to abortion about her pregnancy,” Toti Toti pregnancy,” her about decisions make to ability abortion.” seeking women are women from having to deal with a very demeaning demeaning avery with deal to having women from with working experience of her says Sangree wire,” women throughout the women throughout ductive health care.” health ductive trust really clients our that is over again requirement,” she says. she requirement,” Toti. “She’s also very empathetic and able to relate relate to able and empathetic very “She’s also Toti. pendent, small abortion clinics in dif in clinics abortion small pendent, for empathy is one of her greatest one greatest of her is for empathy says. “It’s really important important “It’s really says. over and Isee that thing “One says. Hortsch country,” of the parts ferent inde often are clients “Our strengths. Law School Initiative, notes that Toti’s capacity Toti’s capacity that notes Initiative, School Law to Oklahoma laws restricting abortion access, includ access, abortion restricting laws Oklahoma to of Baltimore. Archdiocese the to the full range of repro range full the to that ensure to continue to awoman’s with interfere to anti- of a flood been has there who clients, their about and lives, individual their to what the impact of various legislation is going to to going is legislation of various impact the what to United States have access have access States United ing a 2010 law that required any woman seeking an an seeking woman any required a2010 law that ing by challenged quickly was ordinance the it passed, importance of continuing the fight for reproductive reproductive for fight the continuing of importance her and know that she cares—about the law, the about cares—about she that know and her justice in America. “In recent years, years, recent “In America. in justice be on real women’s on real lives.” be

Rachel Burns “She is extremely calm under fire, and just really really just and fire, under calm extremely is “She Diana Hortsch ’98, senior director of the CRR’s of the director ’98, senior Hortsch Diana Whole Whole in ruling Court’s Supreme the after Even Whole Woman’s on Whole v. Health Hell taking to Prior , Toti had led a series of successful challenges challenges of successful aseries led had , Toti -

- - “ Roe of v. promise Wade of American women.” American of for the next generation This ruling fulfills the fulfills ruling This - - - TRAP Effect TRAP There were 42 abortion 19 clinics remained. 19 clinics of the Texas TRAPlaws e inTexasclinics priorto Had thelaws fully taken the partial enactment enactment the partial in 2013,after whichonly been only 10 legal clinics been only10legal clinics left inthestate.left ffect, there would have

37 THE PEOPLE Honoring a Teacher of Social Justice Peggy Cooper Davis receives the 2015–16 Dr. Martin Luther King Jr. Faculty Award.

eggy Cooper Davis, John S. R. Shad Professor her students through both rigorous analysis and Faculty of Lawyering and Ethics, was awarded the searching inquiries,” wrote Leo Gertner ’16 in his Briefs PUniversity’s 2015–16 Dr. Martin Luther King nomination. “In fact, her classroom is one of the Jr. Faculty Award. Nominated by her students most intellectually dynamic places I’ve found Jennifer Arlen ’86 and selected by a committee composed of faculty, at NYU, where questioning the historical under- was elected secretary- administrators, and pinnings of constitu- treasurer of the Amer- students, Davis was tional personhood has ican Law and Economics recognized for her led me to think more Association for 2016–17; leadership, excellence deeply about my moral she will serve as presi- in scholarship and autonomy in the world dent of the association teaching, and com- as a future lawyer and in 2018–19. mitment to the values as a person.” of community service Over the course of Adjunct Professor and social justice. her career, Davis has Pedro Martinez-Fraga A prolific scholar, also had a deep im- was appointed a Davis is the author of pact on the evolution conciliator to the two books and more of legal pedagogy. International Centre than 50 articles and Stefan Canizares, Leo Gertner ’16 , Peggy Cooper Davis, Along with University for Settlement of chapters. Her 1997 Henry Sherwin, Patricia Carey Professor Emeritus Investment Disputes book Neglected Stories: Anthony Amsterdam, by President Obama. The Constitution and Family Values and her book-in- Davis was one of the architects of the Lawyering progress Enacting Freedom show how anti-slavery and Program, which introduces first-year students to Richard Revesz and civil rights traditions can serve as guides for inter- practical lawyering skills. Today, she directs the Law Philip Weiser ’94 were preting the 14th Amendment. (See story on page 66.) School’s Experiential Learning Lab, where she works named to the National Davis, who taught Critical Narratives of Civil with students to develop strategies for addressing Jurist’s list of Most Rights during the Fall 2015 semester, “brings interpretive, interactive, ethical, and social dimen- Influential People in constitutional debates on race and history to life for sions of professional training. Legal Education.

Google.org donated $1 million to the Equal Justice Initiative, led The Hamilton Presidency by Executive Director In January, Andrew Hamilton became the 16th president of New York University. A renowned chemist, he is former Bryan Stevenson, to vice chancellor of the University of Oxford and provost of Yale University. He now brings his robust résumé to the support its mission of global university. racial justice. Stevenson In announcing the selection of Hamilton as NYU president, Martin Lipton ’55, then chair of the NYU Board of was also included among Trustees, and William Berkley, then chair of the Presidential Search Committee and now chair of the Board of Trustees, Fortune’s 2016 World’s underscored their faith in him. “[I]t was clear to us that he understood NYU—our 50 Greatest Leaders. urban character, our distinctive global presence, our vibrancy, our focus on the future, our innovative spirit, our sense of being on the move, and our habit of exceeding others’ expectations,” they wrote. Hamilton, who jokes that he mistook eagerness to see the popular Broadway musical Hamilton among members of the NYU community for excitement at his arrival, is already working to match that pace. Assuming office amid nationwide calls for college affordability, he quickly announced plans to lower the annual increase in cost of attendance to 2 percent in 2016–17 for most undergraduate programs, the lowest it has been in 20 years. He also introduced a three-year plan to raise the minimum pay for work-study recipients and other student workers to $15 per hour. Hamilton succeeds President Emeritus John Sexton, who oversaw the University’s elevation to a highly regarded global institution during his nearly 14-year tenure. In an early message to the NYU community, Hamilton acknowledged the weight of his new undertaking. “The steep ascent in the quality of NYU’s research, the high caliber of the education it offers its students, and the esteem in which the University is held are striking to behold and are unprec-

W edented in higher education,” he wrote. “I am deeply honored to be asked to join all of you in this grand endeavor.” /MAGAZINE WW.LAW.NYU.EDU 38 IMAGE COURTESY OF THE NEW YORK UNIVERSITY ARCHIVES Alumni Meritorious Service Award, and Albert Albert and Award, Service Meritorious Alumni 2002 to 2013. “Lester had founding father status as as status father founding had “Lester 2013. to 2002 illness. aprolonged after 2015, Brooklyn College. After graduating from the Law the from graduating After College. Brooklyn I’ll friend. good and mentor important an I lost Law School also led to the creation of the Pollack Pollack of the creation the to led also School Law F Lester Pollack Lester Center for Law & Business and to the dedication dedication the to and for &Business Law Center Gallatin Medal. Medal. Gallatin him deeply.”him leaders,” says Richard Revesz, Lawrence King Pro King Lawrence Revesz, Richard says leaders,” floor of Furman Hall. Hall. of Furman floor miss him greatly.” him miss and values the in and place; take conversations Cen Pollack the in now everywhere: is imprint His 1970s. the in structure governance modern from School Law of the of Law, dean was who fessor including NYU, to contributions and ments achieve professional for his accolades numerous after trustee alife as and 2013 1987 through from Morri Trevor Dean says years,” overment many chairman as served later and 1970s the in ment School’s endow Law of the creation the to integral He was mission. its and School Law the to ment I MEMORIAM IN perspectives of those of us who had the privilege privilege the had who of us of those perspectives until 2008. He also chaired the board of the Law of the board the chaired He also 2008. until a result of his role in designing the Law School’s Law the designing in role of his a result of Trustees Board NYU of the member active an 9, away on December passed Pollack leaders. ary the Law, served as the director and president and director the as Law,the served to know him well and to work with him closely. him work to with and well him know to Collo Pollack the in him; interested so ter, which Weinfeld Award, Edward Medal, Vanderbilt the he received years, of many course the Over that. enjoys today without Lester’s wisdom and commit and wisdom Lester’s without today enjoys ninth on the room colloquium eponymous of his the to commitment remarkable Pollack’s School. Law of the Future on the Council Sexton’s of John amember was and Association, Alumni Law of the and on Philanthropy Center School’s National 1998 from of Trustees, School’s Board Law of the of the broader University community, serving as as serving community, University broader of the quium Room, where some of our most important important most of our some where Room, quium son. “He was truly a great man, and we will miss miss we will and man, agreat truly “He was son. “The Law School lost one of its transformational transformational one of its lost School Law “The “NYU Law could not have gained the stature it stature the have gained not could Law “NYU In addition, Pollack was an invaluable member member invaluable an was Pollack addition, In commit his exemplified generosity Pollack’s Pollack earned his bachelor’s degree from degree bachelor’s his earned Pollack Foundation Board of Trustees, was among among was of Trustees, Board Foundation man emeritus of the NYU School of Law School NYU of the emeritus man the Law School’s most dedicated and vision and dedicated School’s Law most the or decades, Lester Pollack ’57, Pollack chair Lester or decades, ------

American Jewish Orga Jewish American - Associ of the York, chair death, of his time the At Jewish community orga community Jewish vate equity firm, in 1986. firm, equity vate years, Geri Pollack; their children Bruce Pollack Pollack Bruce children their Pollack; Geri years, Tri-State and chair of the Morocco-US Council Council Morocco-US of the chair and Tri-State & Lipton, becoming a partner. Pollack then joined joined then Pollack a partner. becoming & Lipton, Preston and Laurence Tisch at the Loews Corpo Loews the at Tisch Laurence and Preston Pollack; and five grandchildren. grandchildren. five and Pollack; of New Council Relations SunAmerica, Polaroid, Para Corporation, Loews chairman was Pollack was director emeritus of emeritus director was of numer a director was Odyssey Partners in 1982 in Partners Odyssey Company. He co-founded a part as and Company US Bancorp. US humanitarian. He was ing Loews, he worked nizations, president of president nizations, ners Management, apri Management, ners & ner at Oppenheimer Brands United of the cer offi operating co–chief to herose where ration, chair of the Conference Conference the of chair as including nizations, Communications, mount USA, Leumi Bank ing Pollack addition, In ners. president. After leav After president. become executive vice vice executive become a and founded Centre Part Centre founded and and Wendy Isaacs; their daughter-in-law Susan Susan daughter-in-law their Wendyand Isaacs; Way United of of the a director he was addition, York, New hon of Greater and YM-YWHAs ated and Tidewater, and he and Tidewater, and a philanthropist and a philanthropist the Jewish Community Community Jewish the School in 1957, he practiced law at Booth, Lipton Lipton Booth, law at 1957, in School hepracticed on Trade. on In League. Anti-Defamation of the chair orary Major of Presidents of includ corporations, ous Part of Centre emeritus deeply involved with with involved deeply , 1933–2015 , s vice chairman and chairman s vice Pollack is survived by his wife of nearly 60 of nearly wife his by survived is Pollack alsoPollack was ------Lester’s wisdom and commitment commitment and wisdom Lester’s have gained not could Law “NYU dean trevor morrison trevor dean the stature it enjoys today without today it enjoys stature the over many years.” many over - -

39 THE PEOPLE and mental health. She was the chief architect of In Praise the “Adoption Now” statewide initiative that brought of Kaye together Governor George Pataki, Mayor Michael Bloomberg, and judges and commissioners from The NYU Law Review counties across New York to finalize adoptions for dedicated its 1994 more than 5,000 families and to create more effec- volume to Kaye in tive procedures to better serve children in foster recognition of her care and their families. enormous accomplish- Before her appointment to the bench, she prac- ments as a jurist and ticed law at Sullivan & Cromwell; IBM; and Olwine, scholar. Here are a few Connelly, Chase, O’Donnell & Weyher, where she key quotations from became that firm’s first female partner. After retir- that issue: ing from the Court of Appeals, Kaye joined Skadden, Arps, Slate, Meagher & Flom, where she focused on “Chief Judge Kaye appellate litigation and arbitration. ushered in an era of Kaye received scores of awards in her lifetime innovative thinking Judith Kaye, in recognition of both her judicial and scholarly and new paradigms work. On top of her staggering list of professional for delivering justice.” 1938–2016 accomplishments, Kaye was an active alumna of CHIEF JUDGE the Law School, serving as a trustee from 1983 to JONATHAN LIPPMAN ’68 ormer chief judge of the New York Court of the late 1990s, and as an advisory board member Appeals Judith Kaye ’62 passed away on January of NYU Law’s Center on Civil Justice. She served “She is my kind of woman. F6, 2016, at the age of 77. Kaye was a trailblazer, as a director of the Law School’s Institute of Judi- She has embodied the a brilliant jurist, a vocal advocate for reform in the cial Administration, and was also the driving force qualities of a judge New York Court system and beyond, and a dedicated behind the institute’s annual Brennan Lecture on that reflect the highest NYU Law alumna. State Courts and Social Justice. Kaye was the recipi- value of that office to Not only was Kaye the first woman to serve as ent of many of the Law School’s most distinguished our democratic society.” New York’s chief judge, but she held that job lon- awards, including the 2014 Judge Edward Weinfeld JUSTICE SANDRA DAY ger than anyone else—for 15 years until her retire- Award, 2007 Public Interest Service Award, 1995 O’CONNOR ment in 2008. She was known for her decisions on LAA Alumni Achievement Award, and 1984 Arthur statutory, constitutional, and common law issues, T. Vanderbilt Medal. “What accounts for her including LGBT rights and the death penalty. Her “Judge Kaye left a profound impact on this state extraordinary success? legacy includes streamlining New York’s jury sys- and our school. I am deeply grateful for her good Colleagues on the bench tem and establishing specialized courts to focus on counsel and leadership here at NYU Law,” says Dean and at the bar attribute issues such as drug addiction, domestic violence, Trevor Morrison. it to her intelligence, dedication, integrity, unfailing collegiality, and above all, her caring for the welfare Marie Garibaldi, 1934–2016 and respect for the Marie Garibaldi LLM ’63, former associate justice of the New Jersey Supreme dignity of all people Court, passed away January 15, 2016, at the age of 81. An illustrious judge and law exists to serve.” highly regarded expert in tax law, Justice Garibaldi broke down barriers for women JUSTICE RUTH BADER and became one of the state’s most revered and consequential figures in the law. GINSBURG A pioneer in her own right as the first woman to serve on the New Jersey Supreme Court, Garibaldi wrote 225 opinions during the nearly 18 years she served on the court. They settled some of the biggest questions facing the state of New Jersey, upholding legal standards on the rights of women, the disabled, the press, and other groups. She is perhaps best known for her decisions regarding eliminating all-male eating clubs at Princeton University, for ruling in favor of the right of individuals to refuse life-sustaining treatment, and for establishing the standards still used in sexual harassment cases today. “It is not just that she was a woman who was first, but it was how she was first,” New Jersey Chief Justice Stuart Rabner told The Record after her passing. “She left an army of admirers behind her in every job or appointment GARIBALDI: IMAGE COURTESY OF THE NEW YORK UNIVERSITY ARCHIVES

W she held. Her colleagues refer to her as among the best one could hope to know.” /MAGAZINE WW.LAW.NYU.EDU 40 Jerome Bruner, 1915–2016

niversity Professor Jerome Bruner—a After graduating from Duke University in trailblazing figure in psychology and a 1937, Bruner earned his PhD in psychology from towering mind in a multitude of other dis- Harvard in 1941. He held faculty positions there and ciplines—passed away on Sunday, June 5. at Oxford—sailing his own boat across the Atlan- InU the 1960s, Bruner helped spearhead a revolu- tic to take up that post. He co-founded and served tion in psychology, emphasizing learning through as director of the Center for Cognitive Studies at interpersonal interactions and exploring such topics Harvard, and served as president of the American as how we gain meaning through Psychological Association. those interactions as well as how Bruner brought his sense of the mind deals with the limited wonder about the human mind information it is given. to NYU Law in the 1980s, where While a professor at the Law he delved into the relationships School, Bruner interwove psy- among law, culture, and soci- chology, literature, philosophy, ety. His 10 years of teaching at anthropology—almost every the Law School began in 1991 aspect of the humanities— as a Meyer Visiting Professor, into his teaching, illuminating collaborating with John S. R. numerous points of intersection Shad Professor of Lawyering between law and culture. His and Ethics Peggy Cooper Davis, colleague Peggy Cooper Davis Sykes, Kindler, Revesz University Professor Emeri- hailed him as the “Pied Piper of tus Anthony Amsterdam, and interdisciplinary wonder.” Russell D. Niles Professor Bruner left a mark on the of Law Oscar Chase. Bruner world beyond academia as well. He served on the became a University Professor in 1998. President’s Science Advisory Committee during the Among a number of awards and accolades, Kennedy and Johnson administrations, and was a Bruner was a recipient of the International Bal- force behind the federal preschool program Head zan Prize, the CIBA Gold Medal for Distinguished Start. Furthermore, his contributions helped shape Research, and the Distinguished Scientific Award modern views of both psychology and education. of the American Psychological Association. Duke In an e-mail, Howard Gardner, Hobbs Professor of University offers the Jerome S. Bruner Award for Cognition and Education at the Harvard Graduate Excellence in Undergraduate Research, an honor School of Education, wrote, “I think that he was the bestowed upon Duke’s most promising undergrad- most important contributor to educational philos- uate researcher in the senior class. ophy/psychology in America since John Dewey— Bruner celebrated his 100th birthday in Octo-

BRUNER:© MEL EVANS and there is no one like him today.” ber 2015.

Beatrice Silverstein Frank, 1928–2016 Beatrice Silverstein Frank, former clinical associate professor of law, passed away on April 21, 2016, at the age of 87. Frank joined NYU Law’s clinical faculty in 1974, and for many years, she taught the Consumer Law Clinic. Frank also worked closely with University Professor Emeritus Anthony Amsterdam in the 1980s and ’90s, and she helped design and teach in the Lawyering Program that had just launched. Frank retired from the Law School in 2000 as a beloved teacher and colleague whose tireless commitment to experiential learning played a significant role in helping NYU Law build the program it has today. Frank, a 1950 graduate of Sarah Lawrence College, went on to receive a degree in 1953 from Cornell Law School, where she was one of two women in her graduating class. Before joining the NYU Law faculty, she practiced law in New York City and edited law books. Frank also served as vice president of the New York City Bar Association and chaired a number of its committees and task forces. She considered a particular accomplishment to be a 1991 report on the decline of the rule of law in

FRANK: IMAGE COURTESY OF THE NEW YORK UNIVERSITY ARCHIVES Singapore and Malaysia that she co-authored with former NYU Law Dean Robert McKay. Cultivating SEED Led by Professor Stephen Choi, NYU Law students develop the Securities Enforcement Empirical Database.

ver the past two years, NYU Law students other questions. Having worked hard to create have played a central role in building a the database, students are among those who pioneering database that sheds new light can now draw on it for their own research in on the federal government’s pursuit of corporate law and governance. civilO securities law cases. Conceptualized by Stephen “Students have been integral to the whole under- Choi, Murray and Kathleen Bring Professor of Law taking,” says Choi. “They helped build the data and director of the NYU set, they continually update it, and they have the “Students have been integral to Pollack Center for Law & opportunity to draw on it for their own projects.” the whole undertaking. They helped Business, the Securities Yujia Feng ’17 and Caitlin Stachon ’17, for example, build the data set, they continually Enforcement Empirical are part of a team of student research fellows (JDs, update it, and they have the opportunity Database (SEED) tracks LLMs, and MBA candidates) who have been collect- to draw on it for their own projects.” and records information ing, evaluating, and entering information into the stephen choi on US Securities and database. The 3Ls came to the project through very Exchange Commission different paths. After growing up in China, Feng (SEC) enforcement actions against public compa- attended Yale, majoring in economics and history nies. The database was launched in conjunction and employing econometrics for her senior thesis. with Cornerstone Research last fall. (The Law School recently awarded her a Lederman A great deal of what the SEC does is a matter of Fellowship in Law and Economics.) Stachon grew public record. But without the public material being up in Urbandale, Iowa, and earned a BA in psychol- evaluated, organized, and made easily accessible, it ogy from Columbia. They met and signed up to work has been hard to discern trends in how the agency on SEED as 1Ls in a Corporations class taught by operates. How have enforcement division priorities Choi. “We both have backgrounds in social science shifted over time? What proportion of cases does the so were interested in the chance to work with data division file in federal court versus before its own again,” says Stachon. administrative law judges? With SEED, it’s finally Stachon and Feng are now tapping SEED to possible to gain insight into these and write papers for the JD program’s substantial writing requirement. Stachon is using SEED as Stachon, Feng, and Choi a resource to assess how the SEC treats individuals in enforcement actions, including the positions of individuals charged, the bases of the allegations, and the outcomes. Feng is examining how the Dodd-Frank Act has strengthened the SEC’s ability to pursue aiding and abetting charges in securities fraud cases. Various law firms have written memos on the topic, generally high- lighting the legal basis for the SEC’s strengthened authority. But with SEED, Feng can try to identify patterns and quantify developments across a large number of SEC enforcement actions. “I’m interested in what the data can show,” she says, “especially how the SEC has used its new authority.” Michael Orey

video online

W /MAGAZINE WW.LAW.NYU.EDU 42 W for Students conduct direct examination and cross-examination, cross-examination, and examination direct conduct 2015–16 reports six, age as young as some clients, con SRP five-school the lead and assignments, case - stu Entirely system. justice criminal dismissed. charges all got and claim advocates citywide; and become the largest provider provider largest the become and citywide; advocates students school public nocharge, at which they may bring advocates. Teachers warned warned Teachers advocates. bring may they which viding advocates for indigent parents and children children and parents for indigent advocates viding of suspension hearing advocates in New York New in City. advocates hearing of suspension Columbia, at chapters established represents, SRP staffed, and dent-run pipeline—disciplinary school-to-prison on the Representation Suspension Najib to led research to hearing administrative an to entitled days—are superin receive who away. slipping Students dreams resentations last fall, SRP succeeded in reducing the the reducing in succeeded SRP fall, last resentations rep hearing 50 In impressive. are results The ments. Co-Director Tristen Edwards ’17. 3L Edwards with Working Tristen Co-Director present mitigating factors, and deliver closing argu closing deliver and factors, mitigating present at-risk pushing felt increasingly were they policies students out of school and into the the into and out of school students supervisors, students learn how to interview clients, clients, interview how to learn students supervisors, would otherwise who hearings suspension facing by pro need tremendous a filled has “SRP sortium. exclusion. long-term facing NYU Law students conduct all training, manage manage training, all conduct students Law NYU Fordham and Cardozo, Brooklyn, self-defense on his prevailed who ’15, Johnston Diane and ’15 Warrell Adrienne (SRP) members Project though he had been attacked. Fortunately, Internet Internet Fortunately, attacked. been hehad though five than more lasting tendent’s suspensions—those ily Court Judge Jacqueline Deane ’85, who advised advised who ’85, Deane Jacqueline Judge Court ily length of suspensions—which averaged 77 days— 77 averaged of suspensions—which length York New says Fam City have gone unrepresented,” law student 1,000 than more trained law schools; even hearing, his lose certainly almost hewould him SRP’s founders while an NYU Law adjunct professor. professor. adjunct Law NYU an while founders SRP’s Students Advocate Advocate Students NYU Law students founded SRP in 2007 to take take to 2007 in SRP founded students Law NYU Last year, SRP’s five chapters represented 118 represented five chapters SRP’s year, Last Since its inception, SRP has has SRP inception, its Since received a months-long suspension for suspension months-long a received fighting last April, he felt his college college he felt his April, last fighting hen Queens high school senior Najib senior school high Queens hen “ Suspended students students Suspended are three times as as times are three justice system justice likely to end up end to likely tanya coke ’94 coke tanya in the juvenile in the ------

cases, says 2015–16 Co-Director Ashley Alger ’17. Alger Ashley 2015–16 Co-Director says cases, cation Advocacy Clinic, an outgrowth of SRP. defi “I outgrowth an Clinic, Advocacy cation students suspended that out and of dropping chance of impact negative the now recognize leaders city ’08, project Levine Randi Co-Founder SRP cation. and testified before the city’s Department of Edu of Department city’s the before testified and Its of Education. Department US the with attorney are three times as likely to end up in the juvenile juvenile the up end to in likely as times three are however, no nota find Studies, Jay College. John at who represented him as members of NYU Law’s Edu of NYU members as him represented who members have participated in advocacy coalitions coalitions advocacy in have participated members myself,” he says. Now in college, having graduated graduated having college, Now in myself,” he says. by hearing have won not my suspension could nitely asteep exacts discipline excessive Such dination.” suspended overwhelmingly are students black more, ’94, Coke Tanya says nationally, greater even is dents In punished. disproportionately still are disabilities superin while But school. from students excluding of New York, says for Children Advocates at director principal investigator for the School-Justice Project Project School-Justice for the investigator principal with students and students black years, three past sion in the ninth grade is correlated with a doubled a doubled with correlated is grade ninth the sion in says SRP Co-Founder Andy Artz ’09, a civil rights rights ’09, acivil Artz Andy Co-Founder SRP says from high school on time with his record clear, Najib Najib clear, record his with on time school high from “insubor or like “defiance” offenses for subjective NYU Law advocates gave him. gave him. advocates Law NYU tives such as restorative justice and counseling,” counseling,” and justice restorative as such tives for alterna and discipline student punitive in tion tendent’s suspensions decreased 18 percent over the over 18 percent the decreased tendent’s suspensions toll, says Coke: “Studies show that a single suspen asingle show that “Studies Coke: says toll, is taking every advantage of the fresh start that his his that start fresh of the advantage every taking is ble difference in the two groups’ behavior. Further behavior. groups’ two the in ble difference by 74 percent and got charges dismissed in nine nine in dismissed charges got 74 and by percent justice system.” justice “SRP is part of a movement to push for areduc of push amovement to part is “SRP Najib remains grateful to Warrell and Johnston, Johnston, and Warrell to grateful Najib remains .”

2014–15, black students—28 percent percent students—28 black 2014–15, of those without special needs. needs. special without of those dents with disabilities were sus were disabilities with dents population—received student the of pension rates of black and white stu white and of black rates pension rate the twice than more at pended 52 percent of all suspensions. Stu suspensions. of all percent 52 The disparity between the sus the between disparity The

Jane Sujen Bock ’85 Bock Sujen Jane ------

Student Student Briefs The BlackAllied Law Auschwitz for the A Chapter of theYear Forbes’s 30Under 30list. RBG Study of Professional udrey Winn ’18 and of workers’ rights. examines and ethics co-author of Notorious E Fellowships at Browning Fellowships Students Association Shana K to advance the cause to advance thecause M the contemporary Maria Walker ’18, Mason Pesek ’18, in 2016. fellowship withinthe Daniel Treiman ’17, won Northeast Regionwon Northeast was awarded a2016 were awarded Peggy law program of the legal profession. thics. Theprogramthics. yelet Evrony ’17 ichael Gsovski ’17, A , was namedto nizhnik ’15,

43 THE PEOPLE marginalization, and oppression can be messy,” he Accepting the said. “I know that the struggle is real. And I would like to think that our rights and our equality don’t Whole Client—and have to wait for picture-perfect plaintiffs and clients.” Just as every client must navigate multiple the Whole Lawyer experiences and roles, so too does every lawyer, ván Espinoza-Madrigal ’05, executive director of the Espinoza-Madrigal said—underscoring the neces- BALSA Lawyers’ Committee for Civil Rights and Economic sity of accepting one’s own whole identity. “We Salutes JusticeI and OUTLaw’s 2016 Alumnus of the Year, should not be afraid of being the only dissenting has focused his career on LGBT rights, immigra- voice,” he said. “To do this, we must be comfortable Social Justice tion rights, and HIV law and policy. with ourselves. I didn’t bring my full Stars In accepting his award from OUTLaw, self to work until I fully came out…. Espinoza-Madrigal explained how I had to embrace not just my sexual This year’s Black History his experience growing up in a low- orientation but also other aspects of Month Gala honored income immigrant community fueled my lived experience, from growing three figures whose his passion for justice and equality. up in poverty and surviving domestic careers and accomplish- “Even today,” he said, “every case I file violence to having undocumented ments are leaving an reminds me of my family’s struggles.” family members.” impression on both the Before his current role, Espinoza- Acknowledging the difficulty Law School and broader Madrigal served at organizations of being a lone dissenter, Espinoza- New York communities. including the Mexican American Legal Defense Madrigal encouraged today’s students to consider The Black Allied Law and Educational Fund, Lambda Legal, and the Cen- themselves part of a long tradition of involvement in Students Association ter for HIV Law and Policy. Describing some of the civil rights movements. “You do not stand alone,” he (BALSA) celebrated cases he has worked on, Espinoza-Madrigal argued said. “From Harvey Milk and Audre Lorde to Bayard Zachary Carter ’75, for the importance of considering the whole lives of Rustin and Sylvia Rivera and countless others, you corporation counsel of clients. “I know from my own experience that poverty, are in good company.” the City of New York; Kenneth Thompson ’92, Brooklyn district attorney; and Professor A Three-Front March Toward Equality Paulette Caldwell, an expert on race and Law Women recognized Nancy Duff Campbell ’68, co-president of civil rights. the National Women’s Law Center, as its 2016 Alumna of the Year, The night’s theme honoring her work in three legal and cultural movements: civil highlighted the racial rights, poverty and welfare, and women’s rights. and social concerns of In accepting her award, Campbell spoke about becoming in- 2016: “Keep the Fire volved in the civil rights movement first as a college student, then Burning: Promoting as a law student. She particularly recalled “on one very memorable Social Justice Through occasion in 1965, briefing Dr. Martin Luther King on developments the Black Lives Matter in Selma as we shared a plane ride from Montgomery to Atlanta.” Movement.” After law school, Campbell worked at the organization that is now known as the National Center for Law and Economic Justice. “It took until 1968 for a welfare case to get to the US Supreme Court,” Campbell said. First King v. Smith challenged the “man in the house” rule, which prevented women from receiving welfare benefits; then in 1970,Goldberg v. Kelly established a constitutional right to a hearing before welfare benefits could be terminated. “Our lawyers secured these victories,” she added, “and we successfully pushed to expand their reach, working with legal services across the country.” In the 1970s, Campbell became involved with the organization that would become the National Women’s Law Center. “We and our allies in the women’s movement can now count among our victories outlawing discrimination on the basis of pregnancy in employment and education; improving the tax treatment of single heads of households; expanding federal child-care assistance; expanding athletic and other educational opportunities for women and girls; increasing child support enforcement; protecting and improving Social Security; securing a mandated package of benefits for women in the Affordable Care Act; and many, many more,” she said. Despite these victories, “the equality our country promises has not yet been realized,” Campbell cautioned. She expressed optimism, however, that today’s students are equipped to take on the challenge of achieving equality. Said Campbell: “There is nothing more fulfilling than to have a cause

W and be committed to it.” /MAGAZINE WW.LAW.NYU.EDU 44 Judge of Distinction of Judge The The Although WoCC did not yet exist, as a member of amember as exist, yet not WoCC did Although York’s first Asian American woman woman American Asian York’s first N a child, I didn’t dare to dream. Reality simply stifled stifled simply Reality dream. to dare Ididn’t a child, Chair WoCC by Alumnae presented was award of her recognition In docket. her as New Ling-Cohan, too. lawyer, afearless be to able telling judge the She remembers lesson: a formative and her child, to give them a safe place to stay,” to place a safe Ling- them give to child, her and at the Law School,” says Sharon Hom ’80, executive Hom ’80, executive Sharon School,” says Law the at violence and other forms of abuse. of abuse. forms other and violence aseam was my mother and a laundry, worked in recipient of the 2016 Woman of Distinction Award Award 2016of Distinction Woman of the recipient director of Human Rights in China. China. in Rights of Human director minority we asmall when were atime at especially at speech her in recalled Ling-Cohan my dreams,” “As aleader, alawyer. or even be would she one day Cohan says. “I saw the woman a few years later, and later, and a few years woman the “I saw says. Cohan sup provides that (NYAWC),Center organization an My father immigrants. were my parents Chinatown, port and legal assistance for victims of domestic of domestic for victims assistance legal and port the was Ling-Cohan service, public she helped found the Asian American Bar Associa Bar American Asian the found helped she (WoCC). The Women Collective the of Color from she seemed to be doing well.” doing be to seemed she women to homes own their opened often founders thread.” cutting and sewing factory asewing workedin Itoo achild, As stress. New York legal services agencies. At the same time, time, same the At agencies. YorkNew services legal below). ’17 Zhou (pictured Elizabeth to a hospital in Chinatown and picked up a woman up awoman picked and Chinatown in ahospital to newbies, out for look the “she helped (APALSA), tion Associa Students Law American Pacific Asian the Manhattan’s up in WoCC ceremony.the “Growing takes judge, appellate an as serve to be would she of strangers, of agroup front in sing to tion of New York and the New York Asian Women’s of York New York New tion the and Asian in need. “Late one night, my husband and I drove Idrove and my husband one night, “Late need. in her own community and other disadvantaged groups. groups. disadvantaged other and community own her for both change, for social atool be could law degree of work in lifetime and leadership seriously as a mentor workher as up stand and over fear her get could she if that her State Supreme Court, one such karaoke trip became became trip karaoke one such Court, Supreme State As a young lawyer, Ling-Cohan worked for several for worked several Ling-Cohan lawyer, ayoung As Growing up, Ling-Cohan did not imagine that that imagine not did up, Ling-Cohan Growing Ling-Cohan entered law school hoping that her her that hoping law school entered Ling-Cohan In the early days of NYAWC, she and the other other of NYAWC, the days and she early the In 2016 with its ’79 award. Ling-Cohan Judge Doris Women honors Collective Color of oke as an educational experience. But for But experience. educational an oke as kara to interns her takes judge every ot Doris Ling-Cohan ’79 of the New YorkNew of the ’79 Ling-Cohan Doris Monica Cheng, former intern to Judge to intern former Cheng, Monica Reality simply stifled stifled simply Reality “ As a child, Ididn’t As achild, dare to dream. dream. to dare my dreams. my - - - - - Americans within the judiciary, Ling-Cohan decided decided Ling-Cohan judiciary, the within Americans Burns community.” community.” criticism and death threats, she felt vindicated for felt she vindicated threats, death and criticism criticism. Do the right right the Do criticism. v. Robles v. a grand scale scale grand a at the time of her decision Ling-Cohan faced faced Ling-Cohan decision of her time the at wanted really and or lesbian gay was who anybody when she saw a vacancy. She was elected to that court court that to elected She was avacancy. saw she when weddings, including the marriages of several of the of the of several marriages the including weddings, director of NYU Law’s Institute of Judicial Adminis of Judicial Law’s Institute of NYU director Hernandez v. Robles in Hernandez plaintiffs original to and case the in involved individuals the to meant Ling- of Appeals, York New the by Court reversed most importantly, importantly, most Cohan says, “I felt a personal loss. I realized what it what I realized loss. “I felt a personal says, Cohan push the envelope envelope the push profile decisions was in the 2005 case Hernandezcase 2005 the in was decisions profile executive Whitman, Torrey says people’s problems,” for your same-sex couples to marry. When her decision was was decision her When marry. to couples same-sex standing by her convictions when nearly a decade adecade nearly when convictions her by standing speech. “Do not fear fear not “Do speech. WoCC her in students law current to imparted she lesson down—a v. Obergefell came sion in Hodges Ling-Cohan volunteered and performed 24 performed and volunteered Ling-Cohan Judge marriage, same-sex permitted Legislature to marry their partner.” partner.” their marry to York New Court. Supreme the to State Court on York New for Civil aposition City’s run to thing,” she said. “And said. she thing,” in 1995 and served until 2002, when she was elected elected was she when 2002, until served 1995in and later the Supreme Court’s marriage equality deci equality marriage Court’s Supreme the later by dreaming on dreaming by

Rachel Rachel “She’s very interested in people and understands understands and people in interested “She’s very

Conscious of the lack of representation of Asian of Asian of representation lack of the Conscious On the first day on which the New the New day which on State York first the On ” , in which she ruled in favor of the right of right favor of the in ruled she which , in

court, she can still bring her knowl her bring still can she court, edge of real-world New York New of real-world her edge and sympathy for the issues people face face people issues for the sympathy to bear on her judging.” judging.” on her bear to appellate now on the “Even tration.

One of Ling-Cohan’s most high- most of Ling-Cohan’s One . Although . Although - - -

Latinas Honoring At theannualLatino Law (f (LaLSA) dinner, Ignacia Organization Award association’s Distin- Students Association only national organiza onpage story 14). see o g guished AlumnaAward Moreno execu ’90,chief Latina Institute for LaLSA’s Community Reproductive Health,the tion dedicated toadvanc- tive officer andprincipal ing reproductive justice went totheNational was honored withthe oals amongLatinas. f theiMoreno Group, or more onMoreno

- 45 THE PEOPLE A Legal Resource on Water In the face of a historical drought, Felicia Marcus ’83 leads the fight to conserve California’s water.

s a young lawyer in we care about,’” Marcus says. Alumni 1985, Felicia Marcus She continued to work with Briefs A ’83 testified before the organization as a litiga- the Los Angeles Regional tion associate at the law firm Lenore Anderson ’01, Water Quality Control Board Munger, Tolles & Olson. executive director of for the group that would Marcus would go on to Californians for Safety become Heal the Bay, an serve first as a commissioner, and Justice, received a environmental nonprofit then as president of the James Irvine Foundation devoted to cleaning up Santa Board of Public Works of Los Leadership Award. Monica Bay. Now, after three Angeles, then as a regional decades working in environ- administrator for the EPA in Craig Boise LLM ’99 mental law—including stints the Clinton administration, became dean of Syracuse at the Natural Resources where she played a leading role University College of Law. Defense Council and the in the Bay-Delta Accord and Environmental Protection worked to make the agency David Fagan ’01, Joy Agency (EPA)—Marcus has more responsive to tribal Gallup ’90, Lou Kling ’77, returned to her roots: As chair of the California communities. Looking back at these key successes, and Natasha Labovitz State Water Resources Control Board, she is leading Marcus emphasizes the importance that openness ’96 were listed among the response to the most severe drought in the and willingness to negotiate have played in her American Lawyer’s 2016 state’s history. career. “I like to think I have good legal skills, but Dealmakers of the Year. Marcus, who concentrated in East Asian studies the real issue is fourth-grade civics,” Marcus says. as an undergraduate at Harvard, did not originally “Government is of the people, by the people, for the Volkswagen retained plan to go into the law at all, let alone environmental people. And so what I do is try to bring empathy Kenneth Feinberg ’70 law. But while taking a break between college and and respect for the role of government as convener to oversee a program graduate school, she worked as a legislative assistant of all people and a neutral arbiter between people.” addressing claims related for California Congressman Anthony Beilenson just Marcus’s classmates and colleagues note that to the company’s use of as the Love Canal tragedy was gripping the public she is particularly skilled in navigating situations deceptive emissions tests. consciousness. “All of a sudden I realized the envi- involving complex competing interests. “She’s a ronmental movement was about public health and very unusual person, because she’s so smart—she Scott Fischer ’97 was about all people, rich and poor,” Marcus says. “It was always a really big thinker—and yet she’s appointed New York’s also involved challenging, complex trade-offs, not approachable and not at all egotistical,” says US executive deputy just good and evil, and so it captured my mind as Magistrate Judge Chris McAliley ’83 of the South- superintendent for well as my heart.” ern District of Florida, who was Marcus’s class- insurance, the state’s After becoming the congressman’s environmen- mate at NYU Law. “I can see Felicia bringing very top insurance watchdog. tal legislative deputy, Marcus came to NYU Law as diverse interests together in the California water a Root-Tilden Scholar to study environmental law. crisis, because she’s that kind of person.” Hasan Ibrahim LLM ’09 After law school, she clerked for Judge Harry Pre- Marcus’s people skills have served her well in and Vilma Arce Stark ’05 gerson of the US Court of Appeals for the Ninth Cir- her current role. She has been a key player in the were named 2016 cuit, then worked at the Center for Law in the Public passage of historic groundwater legislation, in a Top Lawyers Under Interest (CLIPI) as a visiting fellow. While she was statewide campaign that has led to the conserva- 40 by the Hispanic still at CLIPI, Marcus agreed to serve as a lawyer tion of a quarter of the water in urban California, National Bar Association. for the Coalition to Stop Dumping Sewage into the and in the shepherding of a $7.5 billion water bond, Ocean, which was eventually renamed Heal the Bay. passed by California voters, to pay for drought- Working with Heal the Bay gave Marcus her combatting measures. understanding of the importance of forging connec- “It’s a big job trying to persuade millions of Cal- tions within the infrastructure of a community—in ifornians to use less water,” says Hal Candee ’83, this case, the city of Los Angeles—in order to achieve partner at Altshuler Berzon, who has worked with change. “The folks at Heal the Bay would say, ‘We’ll Marcus during her time at the EPA and the State pound the table, but as soon as someone sits down, Water Resources Control Board. “But she’s done a CALIFORNIA DEPARTMENT OF WATER RESOURCES W we’ll sit down and try to make progress on the issues great job getting that message out.” Rachel Burns /MAGAZINE WW.LAW.NYU.EDU 46 AP PHOTO/DETROIT NEWS, DALE G. YOUNG “In “In visit to city the into go would “I Appellate Defender, then as a senior trial attorney attorney trial a senior as Defender, then Appellate Judging with

central New Jersey. New central cal work and names Randy Randy names work and cal case case chief mentors. mentors. chief A and other issues, McCormack still draws on les draws still McCormack issues, other and these with grapples she As custody. parental and and that grew directly out of my time at NYU.” NYU.” at out of my time directly grew that and a staff attorney with New York’s Office of the of the York’s New with Office attorney a staff with the Legal Aid Society, before transitioning transitioning before Society, Aid Legal the with areally it her, had and with on matters cases considered has McCormack 2013, even among her 51 first cousins—McCormack cred cousins—McCormack first 51 her among even remember very acutely the constitutional lessons I I lessons constitutional the acutely very remember still “I unfit. judged was parent other the when ent along-term unconstitutional held as which opinion, of Professor LaGuardia rello decision that affects parents throughout the state, state, the throughout parents affects that decision Court in 2013. McCormack authored the majority majority the authored McCormack 2013. in Court her Law, among as Clinical - apar from rights away parental of taking practice clini to drawn particularly fessor of clinical law, and of clinical fessor she was aRoot-Tilden-Kern was she Law’s clinics. NYU in astudent as learned she sons student because she kept volunteering for more. And for And more. volunteering kept she because student Hertz. “She worked on more cases than any other other any than cases on worked more “She Hertz. pro and dean vice Hertz, York, New in with Aid Legal the work she did on each case was flawless.” was case on each work did she the Fio ’71, Guggenheim Martin up in who grew McCormack, inspiring her choice of career. of career. choice her inspiring for worked who Blitman, Lisa godmother, her its guidelines, law, employment sentencing including learned in [Guggenheim’s] class,” says McCormack. McCormack. says class,” [Guggenheim’s] in learned on me,” says impact lasting held particular resonance for McCormack when the the when for McCormack resonance held particular Clinical Attitude Clinical Scholar, McCormack was McCormack Scholar, “She was a truly exceptional clinic student,” says says student,” clinic exceptional atruly was “She Sanders As the only lawyer in her immediate family—or family—or immediate her in lawyer only the As After law school, McCormack worked first as worked first McCormack law school, After While at NYU Law, where NYU at While Guggenheim’s Child, Parent, and State seminar seminar State and Parent, Child, Guggenheim’s came before the Michigan Supreme Supreme Michigan the before came In Re Sanders s a justice of the Michigan Supreme Court, Court, Supreme Michigan of the s ajustice Bridget McCormack ’91 contends with with ’91 contends McCormack Bridget the state’s most complicated legal prob legal complicated most state’s the lems. Since joining the court in January January in court the joining Since lems. , I felt that our court made an important important an made court our , I felt that - - -

function more efficiently for thefor efficiently more function you really can make our courts courts our make you can really how much you can get done on done get you can much how “ that administrative docket— It’s always fascinating to me to It’s always fascinating people they serve they people - - -

Yale Law School, where she taught clinical law, clinical taught she where Yale School, Law to act in a television spot that served served that spot atelevision in act to West Wing The 1998, where she founded nine clinics including the the including clinics nine 1998, founded she where come from very different places—and to learn how to learn places—and different very from come a committee,” Guggenheim says. “You need to be “You be to says. need Guggenheim a committee,” nature multimember the particularly ajustice, as able level of collegiality,” says McCormack. “We’ve McCormack. says levelof collegiality,” able administrative nature of her role on the Michi of roleon her the nature administrative years than ever in the court’s history, and we’ve had we’ve had and history, court’s the in ever than years me how much you can get done on that admin done on that get me how much you can no cases divide along traditionally partisan lines.” partisan traditionally along divide no cases notice avery achieved has court “The court. of the gan Supreme Court. “It’s always fascinating to fascinating “It’s always Court. Supreme gan perfectly well suited to accomplish that. She’s just She’s just that. accomplish to suited well perfectly someone you want to work with because she’s going she’s going because work to with you want someone who may others with work well can who somebody McCormack moved to Michigan Law School in School Law Michigan to moved McCormack McCormack says, helped prepare her for her the prepare helped says, McCormack non-DNA first the Clinic, Innocence Michigan to make you better.” make to is Bridget perspective. your to them persuade to from castmates former gathered who McCormack, innocence project in the country. She eventually She eventually country. the in project innocence Fellow at a Cover as serving After academia. into in judicial elections and as an endorsement. an as and elections judicial in lic figure, but she wholeheartedly enjoys her her work enjoys wholeheartedly she but figure, lic h became associate dean for clinical affairs. affairs. for clinical dean associate became both as a public service announcement about voting voting about announcement service a public as both ad more unanimous opinions in the last couple of couple last the in opinions unanimous more ad “Being on a Supreme Court is being a member of amember being is Court on aSupreme “Being Her experience in academic administration, administration, academic in Her experience McCormack is still getting used to being apub being to used getting still is McCormack .”

can make our courts func courts our make can campaign, which was the the was which campaign, year, was the assistance of assistance the was year, running for state election election for state running most expensive state judge state expensive most of the note high One entails. people they serve,” she says. she serve,” they people ship race in the nation that that nation the in race ship tion more efficiently for the for efficiently more tion that she might not have made have made not might she that for aseat run to McCormack inspired that people the istrative docket—you really docket—you really istrative in 2012—a decision, she says, says, she decision, 2012—a in her sister, actress Mary Mary actress sister, her had she understood what understood she had serve better courts help the Rachel Burns It was that desire to desire that It was ------

American Progress.American Attorney General Arjun Sethi’08

Continued from page 46 Ont City Law Department, City Law Department, General’s Office. Civil Rights Bureau for Commission. Coalition, was listed attorney general in assistant corporationassistant among 16F was Janet Sabel ’84was Geor commissioner of the char c director of law and person ofperson Hispanic named chief deputy named chief policy at theSikhpolicy Eric Schneiderman. the Center for to Watch in2016by the first woman and the New York Attorney the position. the position. became chief LLM ’03 chief became L Renu Mandhane was of namedchief the was appointed first heritage to hold heritage tohold litigation by New York ounsel ofounsel theNew York ourdes Rosado ’95 ario Human Rights ge of affirmative gia Pestana ’87 aith Leaders

47 THE PEOPLE A Diplomat for Democracy

jani Husbands ’17 lived in four coun- Husbands describes the RTK Program as an tries during seven years with the US incredible resource for pursuing his public service Department of State. In his last posting, interests: “You’re always able to tap into people who South Sudan, where he served as spokes- either have done some of the things you’re thinking personA and cultural attaché for the US Embassy, of or who are doing entirely different things that you he found himself at the airport wearing a helmet didn’t know were an option.” and flak jacket as he helped resident Americans Husbands is currently conducting directed leave a country suffering from violent civil unrest. research under Vice Dean Kevin Davis as a Law- Less than a year after the US military evacuated rence Lederman Fellow in Law and Economics. He Husbands and the rest of his team, he arrived at is working on establishing metrics for how legal ser- NYU School of Law. vices organizations exert a net-positive economic Husbands had applied to law school while work- impact on communities, then using those measure- ing under Ambassador Susan Page, herself a lawyer ments to leverage more funding. Having experienced who had worked on the peace agreement between some of the typical challenges that cash-strapped Sudan and South Sudan as well as the latter’s con- nonprofits face while he was working for the Geor- stitution. The continual gia Legal Services Program’s Farmworker Rights “You’re trying to sit down and explain practice of describing Division in the summer of 2015, he is particularly that all this works in the grand, democracy to foreign- interested in the potential of social impact bonds, cosmic scheme of things. But then you ers not used to living in which have not yet been used for legal services. get home and you turn on the TV one ultimately led Hus- As an incoming 3L, Husbands still has time to and you see Ferguson on fire.” bands to a jarring real- consider his post-graduation plans. In the longer ization. “You’re trying to term, he wants to find ways to address the root causes sit down and explain that all this works in the grand, of limited resources in low-income communities cosmic scheme of things,” he says of his diplomacy and says that social enterprise models could play work. “But then you get home and you turn on the an important role in those endeavors. TV and you see Ferguson on fire. Part of me wanted Even in the midst of law school life, Husbands a chance to come back to the United States and be a makes time to fly every month to Belize, where his wife, little bit more engaged in what’s going on.” Emilia Adams, a US diplomat working in public affairs, In 2012, while working as a vice consul in Haiti, is stationed. They met while working in Pakistan—she he was so moved by the Trayvon Martin killing in was stationed in Lahore while he was in Islamabad— Florida that he wrote an emotionally searing online and were married after Husbands started law school. piece, “The Bullet Next Time: An Open Letter to My Their son was born in May 2015. Husbands stays Unborn, Black Son.” But the best way for him to make connected to him and his wife as much as possible, a personal contribution to addressing systemic racial using Skype and FaceTime between trips to Belize. issues, he decided, was to learn how law functions and Although the son to whom Husbands once wrote an interacts with policy and grassroots organizations. anguished letter is no longer theoretical, the new He entered the application process with modest father isn’t rushing to introduce the harder truths. expectations. Then he was accepted to NYU Law as Besides, there are more immediate matters to address. a Root-Tilden-Kern Scholar; Page urged him to grab “Right now,” Husbands says, “I’m just working

W the opportunity. on peekaboo.” Atticus Gannaway /MAGAZINE WW.LAW.NYU.EDU 48 Making Problems for Other Law Schools At NYU Law, New combined her coursework with with coursework her Law, combined New NYU At Alec Webley ’16, Board’s theMoot Court 2015–16 editor-in-chief. tends theSupreme Court because ispartially “This At NYULaw, Board theMoot isclassifiednotasastudent organization Court butasastudent journal,aunique For the Defense college by working full-time jobs at grocery stores, stores, grocery at jobs full-time working by college cate for their rights led New to law school. This fall fall This law school. to New led rights for their cate a women’s prison, and advocating for individuals for individuals advocating and a women’s prison, years three After afactory. in and camps, summer at New.says thought,” second a without off write and who had been suspended, teaching legal writing in in writing legal teaching suspended, been had who out-of-the-classroom activities such as represent as such activities out-of-the-classroom of Georgia, country the in Corps Peace the in opment in kind of homeschooling New Emily got a officer, ’16 and International Narcotics Unit intheUS Attorney’s Office fortheSouthern Districtof New York,and Jesse annually, what putstheboard inaclassby istheMoot Casebook itself , publishedeachyear Court since 1976. arrangement for atoplawBesides andhostinganinnovative school. competing inmootsnationally competition Orleans as a staff attorney. astaff as Orleans apolice as worked who amother up with Growing says Webley. pointistohave agood experience “The educational rather thanearnhardware—though we do earn ence, was important,” really hesays. “Moot provides court verygood training for howtoaddress thebench.” Wegman ’05,aNew York editorialboard Times member. Butnooneisamore active championof theboard she returned to the US to pursue a law degree. alaw degree. pursue to US the to returned she New in Defenders Public Orleans the join will she nearly everyoneof thepast35years. mooting. “As topractice law, Istarted Irealized tothejudge, that talking eitherfrom adistance orat abenchconfer teaching English and working on community devel on community working and English teaching criminals as who we label people the of society, tims though, sympathies, Her system. justice criminal the than Albert Podell ’76,than Albert whohasattended the finalargument of theOrison S. Marden Competition Moot Court the office’s mostpopular features.Allthis generosity stems from Podell’s appreciation helearnedthrough oftheskills that hegraduated. Buthismost visible contribution maydonated beaspontaneously massage chairthat isoneof to pickthemostinteresting problems every year anddelete them.Soyou’re having continually togenerate new ing students in New York City public high schools schools York New high in public City students ing hardware, and we’re glad to.” lay with criminal defendants, and her desire to advo to desire her and defendants, criminal lay with Webley “We thinkof competitions of notasthecapstone what we dobutasthefoundation for we else everything do,” “It turned outthat there’s anenormousneedfor high-quality, non-preemptedproblems,” mootcourt says “I want to do public defense to fight for the vic the for fight to defense do public to want “I Podell, who participated in Marden as a 2L, established the Albert Podell Award inMarden theAlbert Podell, established whoparticipated asa2L, for Best Oral Advocate theyear A Florida native, New supported herself during during herself supported New native, A Florida

graduated from you have Moot will Court, written several briefs that are dealing and easilydigestible analyses of existing problems that are being litigated.” says. “You’ll have written several memosthat engage in thoughtful butuseful material.” 86membersof theboard All work of with30 onaspects thecasebook, the mostwidelydisseminated inthecountry. than 150 law currently schools subscribe, makingNYULaw’s mootproblems among editortitlesandcontributing tothewritingandlineediting. casebook taking More with much the same contentwith muchthesame andsubstance asyou’ll bedoinginpractice,” Webley The casebook editors hone their research and writing skills. “When you’ve “When editorshonetheirresearch andwritingskills. The casebook Prominent board alumniincludeBrendan McGuire ’02, of chief theTerrorism - - - -

“At times the Constitution Constitution “At the times a table with a person and not not and aperson with a table what I’m fighting for: to bring bring to for: I’mwhat fighting of cases in which defendants faced faced defendants which in of cases public defender resources for defender resources public people’s attention.” attention.” people’s seen hope and light inside inside light and hope seen worked New on a number school, who had sentences prison long serving seems like it’s suspended it’s suspended like seems Defenders after her first year of law of year first her after Defenders that light and hope to other other to hope and light that “That’s says. she them,” at down sat ever I’ve think chal of immense face the says. she there,” charges. serious facing those of limited consequences the lenges, however. don’t “I lenges, life sentences. She saw firsthand firsthand She saw sentences. life been denied parole. As a law clerk at Orleans Public Public a lawOrleans clerk at As New remains positive in in positive remains New

- 49 THE PEOPLE DC Dispatch from Jason Schultz

rofessor Jason Schultz has two words to sum Smith; DJ Patil, chief data scientist of the United up his experience as senior advisor on intel- States; and Cecilia Muñoz, head of the Domestic Pol- Plectual property and innovation in the White icy Council for the White House, to pull the report House Office of Science and Technology Policy: and blog post together and try to make sure that the “challenging and exhilarating.” Schultz has been technical communities, the civil rights communi- on leave from the Law School since beginning his ties, and the policy community saw themselves and tenure at the White House last fall. Working with US their concerns reflected in the report,” says Schultz. Chief Technology Officer Megan Smith, Schultz has The pace of technology policymaking in Wash- been given a full plate of policy initiatives, focusing ington, DC, right now is extremely fast-moving and on issues such as patent reform, digital copyright, intense, says Schultz. In order to meet these chal- health care and data privacy, artificial intelligence, lenges, he draws on an important lesson that he data discrimination, and the use of data science to often teaches in his NYU Law Technology Law and improve the criminal justice system. Policy Clinic: “Lawyers can rarely solve problems One recent project resulted in the release of a on their own,” he says. “Especially with technology, report about big data and civil rights. Part of a series you need to have people who work on all aspects of of White House reports on big data, it examines the the issue. It often involves legal questions, but it also ways in which algorithmic systems can help uncover involves technical questions, economic questions, patterns of discrimination in society. “I was for- sociological questions, or community engagement tunate to be able to work very closely with Megan questions. It takes a team approach.”

An In-House Seminar

When Adjunct Professor David Pashman ’97 graduated from the Law School, Google was nonexistent and Yahoo! was just four years old. Pashman initially wanted to become a criminal prosecutor, but exposure to the fast-paced work of technology startups changed his course. More than 19 years later, in addition to being general counsel at Meetup—an online social platform to facilitate groups—Pashman helps students navigate the evolving path to becoming an in-house lawyer for technology companies. In his seminar, the Law of the Startup, Pashman consolidates his experiences of navigating legal and business issues for technology companies into a course designed to give students the tools and insight necessary to be successful in the industry. Past guests of the seminar have included attorneys from startup darlings BuzzFeed, Spotify, and Tumblr. Pashman focuses on the practical issues that in-house lawyers face, an approach that differentiates his seminar from the “black-letter law” curriculum that a typical corporate law course would cover, he says. “In the initial public offering class, for example, we don’t really focus on the securities laws about an IPO, but rather we explore if an IPO is right for a company and, if not, what could be some alterna- tive paths to liquidity.” “We’re seeing a lot more students entering law school with startup experience or even just an interest in startups,” says Samantha Ku ’16, development chair of the Social Enterprise & Startup Law Group student organization. “Professor Pashman’s seminar is a unique opportunity for students to gain insight into what it’s like to be an in-house counsel at a startup, which isn’t at all addressed by a typical law PASHMAN: © MARÍA JESÚS VERDUGO JESÚS MARÍA © PASHMAN:

W school curriculum.” /MAGAZINE WW.LAW.NYU.EDU 50 GARFIELD: INFORMATION TECHNOLOGY INDUSTRY COUNCIL “Because of my work in the clinic, and because of my of my because and clinic, of my the work in “Because A Hard Drive for Change A Dean Garfield ’94 is the legal voice of the technology sector technology of the voice legal is the ’94 Garfield Dean ciate at Kaye, Scholer, Fierman, Hays & Handler, a a &Handler, Hays Scholer, Fierman, Kaye, at ciate of crimes accused people young representing clinic, the into to go deciding When of Garfield’s. classmate administration at Princeton. at administration advancement of sustainable tech of sustainable advancement ates,” Garfield says. As a result, he began to work on began he result, As a says. Garfield ates,” vision of entering the technology realm. “The thing thing “The realm. technology the of entering vision of work and skill sets of lawyers,” Hertz says, noting noting says, Hertz of lawyers,” sets skill of work and experience much earlier than most young associ young most than much earlier experience backgrounds. litigation strong with of associates need says. Garfield ments,” - prepar was Dean that clear it was then, back even cybersecurity. to related risks ever-evolving and nology, create to them with world, working the and nation recording industry.” recording on the impact disastrous nearly and meaningful Garfield particularly loved his work in the Juvenile the Juvenile in work his loved particularly Garfield pro bono work, I had ended up getting courtroom courtroom up getting ended Ihad work, bono pro the law. work in excellent “He did of clinical professor for change acatalyst be to place agood was profession expan the including challenges address that policies for those who were disempowered.” disempowered.” were who for those exec at ’95, Ha apartner Julian says the marketplace, global sion of the firm he chose because it gave him “the opportunity opportunity “the him gave it because he chose firm public and affairs international in master’s his sued utive search firm Heidrick & Struggles and a former and a former Struggles & Heidrick firm search utive Defender Clinic, led by Randy Hertz, vice dean and and dean vice Hertz, Randy by led Clinic, Defender IP issues “at a time when technology was having a a having was technology when “at atime issues IP to satiate my soul by working on pro bono assign bono on pro working by my soul satiate to pur simultaneously Garfield law school, in while that change,” drive to adesire law was the meto drew that sector,” technology voice of the the the in companies technology influential most the impact when he joined the Recording Industry Industry Recording the he joined when impact in was which team, (IP) litigation property intellectual types usual the beyond far goes that for acareer ing But cases. delinquency York New Court in Family he says. “Specifically, my thought was that the legal the legal that was thought my “Specifically, he says. particular no had however, Garfield profession, legal bono work, Garfield also became involved in the firm’s the in involved became also Garfield work, bono “In DC, he’s often the face and and face the he’s often DC, “In As a Root-Tilden-Kern Scholar at NYU Law, NYU at a Root-Tilden-Kern Scholar As While focusing on death penalty cases in his pro pro his in cases penalty on death focusing While Garfield had a particularly close view of that that of view close particularly a had Garfield asso litigation as a career legal his began Garfield Technology Industry Council (ITI), Dean Dean (ITI), Council Industry Technology Garfield ’94 represents an association of association an ’94 represents Garfield s president and CEO of the Information Information of the CEO and s president - - central to how people work people how to central everyone, because we’re because so everyone, tech sector, tech you represent “ When you represent the you represent When and plan their lives. their plan and - - - - -

Association of America (RIAA) as vice president of of president vice as (RIAA) of America Association Angeles Police Commis Police Angeles Johnson, Garfield’s best best Garfield’s Johnson, considers this to be his greatest achievement. “When “When achievement. greatest his be to this considers ances with Silicon Valley—an experience that served served that experience Valley—an Silicon with ances Supreme the which in case alandmark Kazaa, and and president of the Los Los of the president and work that he does.” he does.” work that everyone, you represent sector, tech the you represent ment case against file-sharing companies Grokster Grokster companies file-sharing against case ment ner at entertainment law law entertainment at ner is him distinguishes really “What the challenge. is to up 36),on page Garfield heenvi for change catalyst the be to him enables Court ruled in favor of the recording industry. recording favor of the in ruled Court perfectly suited to do the do the to suited perfectly sus builder, which makes him him makes which builder, sus Brittenham Ziffren firm who roommate, school law former and friend societal responsibilities.” uphold broader also but companies of our success he children, and wife his with built he has family the to Next school. law entering first when sioned sion. “He’s a great consen “He’ssion. agreat uring out how we can be a platform for enabling the the for enabling aplatform be out how we can uring Facebook, Google, and Microsoft. Microsoft. and Google, Facebook, their lives,” Garfield says. “Part of the challenge is fig is the challenge of “Part says. Garfield lives,” their is now managing part now managing is lead ITI, whose member companies include Amazon, Amazon, include companies member whose ITI, lead to DC, Washington, to hereturned when well him infringe copyright the he led role, that In affairs. legal his patience,” says patience,” his and thoughtfulness his because we’re so central to how people work and plan plan work and how to people we’re central so because

Rachel Burns After his work with the RIAA, Garfield moved out out moved Garfield RIAA, the work with his After According to Matthew Johnson ’93 (see story ’93 story (see Johnson Matthew to According In his work at ITI, Garfield has found a role that that role a found has Garfield work ITI, at his In ” . Association of America. In addi In of America. Association worked to build industry alli industry build worked to strate chief and president vice executive the as serve to west gic officer of the Motion Picture Picture Motion the of officer gic tion’s global strategies, Garfield Garfield strategies, tion’s global associa the developing to tion - - -

------Taking Off in a New Field Cybersecurity practice at Norton Roseat Norton Fulbright, a co-chair of theData a lot of privacy and a lotof and privacy a massive gathering of shuttle pr science behindfor the engineer onthespace data protection.data s cybersecurity issues,” Protection, Privacy, and Boris Segalis ’03 once named toCrain’s New to the Internet, there’sto theInternet, information that raises worked as a project he hasle becoming connected leg York’s Business 40 Under ays Segalis, whowas 40 listin2015.“And “ that meansit’s agreat al complexities of As everything is is As everything time for lawyers to get intothisfield.” ft rocket ogram. Now

51 THE PEOPLE New Faculty

EDWARD ROCK Professor of Law

dward Rock does everything with energy. “We were supposed to be listening to the pre- A self-proclaimed “gym rat,” he swims sentation of papers, but instead we stood outside and works out several days a week. An avid and chatted about poison pills,” says Kahan, refer- sports fan, he is devoted to the Philadelphia ring to the antitakeover defense that had become 76ers, E despite their losing record. A prolific scholar, standard for companies facing down hostile take- he publishes regularly on corporate law and corpo- over attempts (for more on Kahan’s work, see story rate governance. on page 62). The conversation evolved into their The popular Penn Law professor, whose classes first groundbreaking paper together, which they were often oversubscribed, joined the NYU Law fac- called “How I Learned to Stop Worrying and Love ulty full-time in July—and he’s already embracing the Pill: Adaptive Responses to Takeover Law.” (The title, a nod to the film classic Dr. Strangelove, was itself a hit.) Rock, who received undergraduate degrees from Yale University and the University of Oxford and a JD from Penn Law, began his career as a plaintiffs’-side antitrust litigator at the boutique Philadelphia firm of Fine, Kaplan and Black. “Once you’ve litigated, you have a certain feel for the law that you never lose,” says Rock. “You learn that the only legal rights you have are the ones you can enforce.” At Penn, Rock went on to serve as associate dean, senior adviser to the president and provost, director of Open Course Initiatives, and co-director of the Institute for Law and Economics. In addition, he was a visiting professor at the Hebrew University of Jerusalem, Columbia Law School, Goethe University, and NYU Law. Rock is excited to be back in New York and the Law School with his usual vitality. Rock not already has a favorite place to eat: Pó, an Italian only will teach Corporations and Mergers and Acqui- restaurant near the Law School. His wife, Andrea, sitions, but he also will launch the Institute for Cor- a lawyer who decided to pursue a second career porate Governance and Finance. The new institute as a high school English teacher, will also work at will create a nexus for understanding the changing NYU; she will design and launch a peer-tutoring nature of corporate governance by bringing together program to support undergraduate writing across institutional investors—the most powerful stake- the curriculum. The couple has three grown chil- holders in corporate governance decision-making— dren. “When my wife and I thought about the next with academics, judges, lawyers, bankers, and private chapter of our personal and professional lives,” says equity and hedge fund principals. Rock, “the chance to move—to be part of the most Rock will also continue his longtime collabora- exciting and interesting law faculty in the coun- tion with Marcel Kahan, George T. Lowy Professor of try—was irresistible.” Law, with whom he has published more than a dozen As for Kahan, he’s delighted to have his frequent articles on hedge funds, mergers and acquisitions, collaborator down the hall. “Ed has the ability to proxy access, and corporate voting. Their relation- merge a deep understanding of current develop- ship dates to 1989, when Rock, already a professor at ments with analysis,” says Kahan. “He uses what Penn, interviewed Kahan for an entry-level academic he learns from judges and practitioners as inputs position. Although Kahan chose NYU Law, their paths to raise—and to answer—new theoretical questions. crossed again several years later at an annual meet- He is without doubt one of the top scholars in cor-

W ing of the American Law and Economics Association. porate law in the nation.” Ellen Rosen ’83 /MAGAZINE WW.LAW.NYU.EDU 52 56 60

Kim Taylor-Thompson for advocates juveniles Samuel Rascoff examines the politics of spying of politics the examines Rascoff Samuel 54 64 Arguments & Opinions & Arguments

Mervyn King demystifies banking demystifies King Mervyn David Garland makes a case for welfare acase makes Garland David

55 55

Erin Murphy considers the dangers of DNA of evidence dangers the considers Murphy Erin 63 65

Jeremy Waldron restores institutions to political theory theory political to institutions Waldron restores Jeremy Katherine Strandburg uncovers medicine’s IP lessons

David Kamin tackles taxation of the wealthy wealthy the of taxation tackles Kamin David 53 ARGUMENTS & OPINIONS The End of Alchemy

Mervyn King considers the future of banking and the global economy.

ervyn King served as governor of the Bank our deposits out, the money isn’t there. It’s been lent, of England from 2003 to 2013 and played long term and in illiquid form. So there is a sense of Ma key role in shaping global policy during alchemy about the way that banking works and try- the 2008 financial crisis. He holds a joint appoint- ing to pretend that you can convert very safe short- ment as a professor of economics and law at NYU term deposits into long-term risky loans. Stern School of Business and NYU School of Law. In March, King published The End of Alchemy: Money, The title of your final chapter is “The Audacity of Banking, and the Future of the Global Economy, which Pessimism.” What does that mean? I think that the he discussed in a recent interview. problems facing the world economy and the United States at present are not ones that central banks can Whom are you trying to reach with your book, solve. It requires a significant degree of government and what impact do you hope it will have? The action to improve productivity, to improve the sup- End of Alchemy is aimed at the general reader with ply performance of the economy, and to make sure an interest in why we had a financial crisis, why this our exchange rates between countries are more flex- was by no means the first crisis, and how ible. What I mean by the audacity of pessimism is we can prevent such crises in the future. that when things are bad enough, governments will Economists have got into a little bit of a eventually summon up the courage to do something rut in thinking in terms of precise math- about it, instead of pretending that our problems can ematical models. By teaching at NYU be solved by leaving it all to central banks. Law and talking to wider audiences, I found that non-economists come Has teaching here at NYU informed your work? with much less prejudice about how to It has, because I wanted to teach students who had approach these questions. They’re much a real curiosity about the world, students who were more open-minded. That makes it much not well versed in all the technical aspects of eco- easier to explain many aspects of what went wrong nomics, but had a deep interest in what was going in our economy, but also to engage them in a debate on in the financial sector. NYU Law students and as to what we should do in the future. also Stern business school students make a very nice combination. They’re not used to each other, but Why do you compare central elements of our they come to respect and interact with each other. financial system to “alchemy”? It reflects the idea Everyone says, “I really want to know how the world that there’s no really intrinsic value to many of the works. How is it that we got into this mess? What was things we think of in terms of money and banking. it about our economy that made not just this crisis For paper money, it’s just paper, but we believe it happen, but also many previous crises?” Their ques- has value because we trust the people who issue it. tions have been immensely helpful in helping me The same with banking. We put money into a bank. to think through both what I think about the issues This interview It belongs to us, we think. We think we can go and and also how best to explain them. Leslie Hart has been edited take it out whenever we want, and up to a point, we video online

W and condensed. can. But if all of us decided to go to a bank and take /MAGAZINE WW.LAW.NYU.EDU 54 Forensic DNA Forensic weaknesses the software may have—and there is is there have—and may software the weaknesses what know cannot therefore technicians Lab work. assess to models on statistical relies which ware, Murphy says. “So we’re essentially allowing what what allowing we’re essentially “So says. Murphy by posed challenges technical the explores Murphy DNA in the US criminal jus criminal US the DNA in T geneticmisuses identification. system justice criminal the how Murphy investigates Erin book, new In her Testing DNA ficult to get an accurate result.” accurate an get to ficult little oversight to ensure that technicians are prop are technicians that ensure to oversight little DNA testing and or a hospital, a laboratory like it into the dysfunction that is our criminal justice justice criminal our is that dysfunction the it into law by raised concerns privacy the DNA and forensic of use the science, forensic nies that sell the software know how the algorithms algorithms how the know software the sell that nies and rough the “In scene,” says. she acrime at found investigators find a trace atrace find investigators the Cell: The Dark Side of Side Dark The Cell: the programs, which means that only the private compa private the only that means which programs, between difference ahuge “There’s science. perfect tool. forensic apowerful be can of what uses potential probabilistic software may just take that as a given agiven as that take just may software probabilistic because the math behind it seems impenetrable,” impenetrable,” it seems behind math the because adversary system is unlikely to correct any mis any correct to unlikely is system adversary soft of probabilistic use the DNA is forensic aged Inside In unregulated. and erly trained in how to input and analyze the data. the analyze and how input to in erly trained enforcement’s DNA databases, and considers the the considers and DNA databases, enforcement’s takes. “A lawyer presented with a statistic from from astatistic with “A presented lawyer takes. of DNA at the crime scene, scene, crime of DNA the at their formulations. Some states use closed-source closed-source use states Some formulations. their in variations wide to points Murphy interpret, to it much dif more make that conditions these all to subject be to going DNA is world of crime, tumble setting, aclinical in DNA sample acontrolled taking murky often is system tice of conceptions popular to contrary But killer. the tify test the sample, and iden and sample, the test says Murphy. And forensic DNA is by no means a no means by DNA is forensic Murphy. And says out OK,” come to everything expect and system online “You can’t take even a perfect science and put and science a perfect even “You take can’t video video What is more, the traditional safeguard of the of the safeguard traditional the more, is What One method of dealing with incomplete or dam incomplete with of dealing method One

he plot twist is famil is twist he plot iar to viewers of pro viewers to iar at the last minute, minute, last the at cedural television: television: cedural , Professor Erin Erin Professor , might otherwise be too complicated complicated too be otherwise might software this While asample. from can help make use of evidence that that of evidence use help make can the value of information missing missing of information value the ------

where there has been a concerted effort effort aconcerted been has there where DNA to help law enforcement correct correct DNA help to law enforcement DNA. If you’ve thrown away your cup or your tissue, tissue, or your cup away your you’ve If thrown DNA. DNA testing in sexual assault cases has proved cru proved has cases assault sexual in DNA testing shared up in DNA ends whose collected, be DNA can light on rape allegations and prosecu and allegations on rape light it forever, search it, do whatever they want with it.” with want they do whatever it, it forever, search for some of the societal biases that we that biases societal for of the some new casting of effect the had results Detroit, in But workers. sex as such ics value the recognizes Murphy DNArent policies, says. Murphy collected,” DNA being their about ried her In relatives. DNA of their the to near-matches through suspects identifying is, searches—that ial ple are going to adjust their behavior if they’re wor they’re if behavior their adjust to going ple are store it, test and DNA sample your take can police book, Murphy describes one case in which the DNA the which in one case describes Murphy book, all share.” share.” all “These offenders. of serial rate a high For instance, limits. reasonable to according and discovered in 2009, testingrevealed demograph certain from especially of law enforcement’s complained have long cates Advo process. investigative the improving to cial perpe the as brother her implicated victim of arape searched. be can databases how those and databases, to analyze a backlog of over 10,000 kits of over 10,000 kits abacklog analyze to tion,” Murphy says. “It’s a way to use “It’s use awayto says. tion,” Murphy Murphy, says allegations, rape dismiss to tendency done when well provide can technology the that how peo about “You think have to samples. their submitting from victims future deter one could this as such Cases crime. unsolved of adifferent, trator - for famil DNA databases using to opposed She is While sounding an alarm about flaws in our cur our in flaws about alarm an sounding While Murphy argues for greater regulation of whose of whose regulation for greater argues Murphy Rachel Burns “The same rules that apply that rules same “The really law is now the “Right lecting DNA from individ DNA from lecting Murphy what prevent to little for physical objects apply for apply objects for physical is There DNA collection. is ade in DNA lacking forensic damning most the be may uals without their consent. consent. their without uals a Wild West,” Murphy says. says. West,” Murphy a Wild - sampling—col sneak calls too, so, but oversight, quate unchecked.” entirely go to case the in evidence Not only is lab analysis of of analysis lab is Not only

------A Sampling A Through Fire: War, Peace, Faculty Books Forthcoming publications professorial Continued onpage60 of Recent and (co-author) (co-author) (co-editor) (co-author) (co-author) Law: Access Civil Justice to Life of People andof Honourinthe Respect: Bargain, Liveright, 2016 Nations, Nations, and the Democratic and theDemocratic and theRegulatory State, John Ferejohn University Press, 2016 Kong, 2015 Foundation Press, 2016 LexisNexis, 2015 Samuel Estreicher the University of Hong , Cambridgein America Kwame Anthony Appiah Faculty of Law, Beyond Elite A Decent A Decent Legislation Labor Law, Forged

55 ARGUMENTS & OPINIONS The Age of Criminality Kim Taylor-Thompson advocates for a bright-line rule to keep juvenile offenders out of adult courts.

s a public defender in Washington, DC, to misunderstand the developmental stage during in the 1980s and early ’90s, Professor of which this individual is committing these offenses.” Clinical Law Kim Taylor-Thompson rep- There is also racial disparity among arrest- resented children and teenagers in the ees and those transferred into the adult system. juvenileA delinquency system. At the time, she says, African Americans ages 10–17 make up 15 percent of it was unusual for children to be waived into the their age group nationally, but make up 25 percent adult system. But it has since become common; of juvenile arrestees and 60 percent of waivers to today, more than 200,000 people under the age of the adult criminal court. 18 are prosecuted as adults every year. In “Minority The US criminal justice system’s treatment of Rule: Redefining the Age of Criminality,” published youth has not always been this severe. In fact, the US in the 2014 NYU Review of Law & Social Change, juvenile courts, Taylor-Thompson writes, emerged Taylor-Thompson explores the problems with in the late 19th century in reaction to a blurring of the lines between child and adult as children entered the labor force. The first juvenile court was developed in Chicago in 1899, and by 1928 all but two other states had created courts that exercised jurisdiction over people under the age of 18. As violent crime increased in the 1980s, however, a new attitude of teenagers as “super predators” became prevalent, Taylor-Thompson says. In the past few years, Taylor- Thompson has seen hopeful signs that the nation may be beginning trying young people as adults in criminal courts to reexamine the issue of juveniles in the criminal and argues for a bright-line rule preventing any- justice system. one under the age of 17 from being transferred out Although New York and North Carolina still auto- of the juvenile system. matically prosecute anyone over the age of 15 as an In the United States, the guidelines for the pros- adult, in the past eight years, 23 states have made ecution of young defendants vary state by state. In legislative changes to reduce the transfer of juvenile Vermont and Wisconsin, a child as young as 10 can defendants into adult courts and correctional facili- be transferred to criminal court for ties. And the Supreme Court, in Roper trial as an adult. The criminal jus- “If you look at any v. Simmons, Graham v. Florida, and tice system is the only area of the law other part of the law, Miller v. Alabama, recognized that that fails to recognize the distinction we recognize that child status matters when youth are between children and adults, Taylor- kids are different.” facing capital punishment and life Thompson argues. “If you look at any imprisonment without parole. For other part of the law, we recognize that kids are dif- Taylor-Thompson, though, the court has not gone ferent,” she says. “Kids can’t buy liquor; they can’t far enough. “There are still all of these states that vote; they can’t drive.” say there is no floor in terms of how old you have to Drawing on her work as a member of the Mac- be to be waived into the adult court.” Arthur Foundation Research Network on Law and “The prosecution of very young children as adults Neuroscience, Taylor-Thompson argues that teenagers cannot sensibly be reconciled with the constitu- do not have fully developed adult minds. The brain’s tional obligation to consider child status,” Taylor- prefrontal cortex, which is responsible for executive Thompson writes in her article. “Child status mat- functioning, is still developing “well into your 20s,” ters. The time has arrived for criminal justice to Taylor-Thompson says. “To treat the child as some- reflect that reality.” Rachel Burns one who is beyond redemption and is as culpable as an video online

W adult, and is not amenable to rehabilitation, is really /MAGAZINE WW.LAW.NYU.EDU 56 “People were not learning how to think about these these about how think to learning not were “People Justice Essays on Institutions on Essays Rawls’s seminal 1971 work 1971 Rawls’s seminal UK—including the creation of the Supreme Court of of Court Supreme of the creation the UK—including I have focused increasingly on higher on higher increasingly have focused levers of political institutions are best left to politi to left best are institutions of political levers life—will be pursued.” be life—will is urging that we try. that urging is ideals to the neglect of institutional of institutional neglect the to ideals recent history of dramatic institutional change in the the in change institutional of dramatic history recent mech of the understanding an work with that ment really important issues.” important really politics, he feels that their United Kingdom coun Kingdom United their that he feels politics, of machinery the from have strayed philosophers and security, liberty, justice, with remains pation political theory in recent years has paid insuffi paid has years recent in theory political being addressed in philosophy curricula. about all these things, and none of it was being being none of it was and things, these all about of ends ideals—these these which through anisms an equally important role. important equally an equality,” Waldron writes, “we still need to comple to need still “we writes, Waldron equality,” preoccu main our if “Even questions. philosophers equality, and freedom cile recon to attempt its with theory cal case the makes Waldron scientists, cal and gears the say might some Although issues. cal - politi and constitutional, structural, to mind cient taught in political theory classes,” says Waldron. Waldron. says classes,” theory political in taught to of power devolution the and Kingdom United the The extent. greater even an to have done so terparts that normative political theorists play theorists political normative that Scotland, Ireland, and Wales—was, he thought, not not thought, he Wales—was, and Ireland, Scotland, tions—but University Professor Jeremy Waldron Waldron Jeremy Professor University tions—but - institu of political milieu down-and-dirty the about philosophical be to difficult t’s sometimes “All the time there were intense controversies controversies intense were there time “All the of focusing on real-world institutions. real-world on focusing of Jeremy for Waldron importance the argues book, latest In his Theory Political Into Putting Politics Back While Waldron believes that American political political American that believes Waldron While Waldron’s book, new He suggests that, ever since John John since ever that, He suggests rejuvenated the field of politi field of the rejuvenated , originated in his belief that that belief his in , originated Political Political Theory: A Theory of of A Theory ------Antonin Scalia’s death left the Supreme Court Court Supreme the left death Scalia’s Antonin Tushnet of Harvard Law School, have written about about have written School, Law of Harvard Tushnet who think the Democrats are wonderful wonderful are Democrats the who think facing potential deadlocks. deadlocks. potential facing infighting,” says Waldron. “Even those those “Even Waldron. says infighting,” and factionalism by apart torn implode, include year election presidential this in Justice after timely particularly became review of judicial critique the decisions, court majority posi “It’s aminority publication: journal initial its powers and the rule of law; bicameralism; represen of law; bicameralism; rule the and powers ability; and Hannah Arendt’s constitutional politics. constitutional Arendt’s Hannah and ability; of separation of constitutionalism; view a skeptical at the moment of having one of the parties parties one of the moment of having the at from power reclaims that framework a populist resistance—since attention—and most the attracted candidates to emerge.” to candidates other party. They ought to be hoping for hoping be to ought They party. other of the decay the relishing be to not ought “We’re danger in opposition. one on loyal has review, he says, of judicial dron’s critique tative lawmaking; legislative principles; account principles; legislative lawmaking; tative good, responsible leadership and plausible plausible and leadership responsible good, on Waldron’s bare- chapter with Coupled tions. determina constitutional make to courts the tion, and it criticizes a practice and an institution institution an and a practice it criticizes and tion, The subjects of the book’s essays range widely: widely: range essays book’s of the subjects The Other essays taking on greater relevance relevance on greater taking essays Other Out of all the pieces collected in the book, Wal book, the in collected pieces the of all Out American scholars.” American he says, in places like Canada, Germany, Germany, Canada, like places in he says, rod,” “lightning aparticular have been as prominent scholars, such as Mark Mark as such scholars, prominent as review.” of judicial form robust a more have to aspiration of their acritique as it see “they where Zealand, New and tion in the United States, Waldron adds, adds, Waldron States, United the in tion that’s very close to the hearts of many of many hearts the to close very that’s Such arguments have also gained trac gained have also arguments Such Waldron’s thoughts on this topic on this Waldron’s thoughts

Atticus Gannaway Atticus

------

57 ARGUMENTS & OPINIONS Immigration Impossible

o-Director of the Immigrant Rights Clinic In “Immigration Law and the Myth of Compre- (IRC) and Professor of Clinical Law Nancy hensive Registration,” Morawetz collaborated with CMorawetz ’81 has authored two recent papers former clinic student Natasha Fernández-Silber ’13 challenging false assumptions about the US immi- to investigate the widespread misconception that all gration system. noncitizens in the US must carry proof of registra- In “Convenient Facts: Nken v. Holder, the tion and be ready to “show their papers.” Solicitor General, and the Presentation of Internal Federal law explicitly requires Government Facts,” Morawetz considers the case all aliens who have registered under of IRC client David Gerbier. Deported to Haiti in the Alien Registration Act of 1940 video online 2000, Gerbier won his deportation case two years to carry their registration receipt later. However, seven years on, he was still fighting card, even though registered aliens often receive to return to the US. Meanwhile, the Office of no papers. Morawetz and her co-author argue that the Solicitor General (OSG) had informed the the language of the statute is vestigial. “The whole Supreme Court in Nken v. Holder (2009) that system has largely been dismantled,” Morawetz says, the government returned to the US individ- “but the law was left on the books.” uals who subsequently won their deporta- In Arizona v. United States (2012), the Supreme tion cases, a representation on which the Court upheld the “stop and verify” clause of an Ari- court relied when it wrote that deporta- zona statute requiring police to request papers and tion is not an “irreparable harm.” The check the immigration status of anyone stopped on IRC led Freedom of Information Act suspicion of having committed a crime. Morawetz and litigation that unearthed government Fernández-Silber opposed the statute in an amicus e-mails showing there was no factual brief. After the ruling, they collaborated on the paper. basis for the OSG’s claim. The clinic also “Even though it is an uphill battle, it is a battle facilitated Gerbier’s return. that simply has to continue,” says Morawetz.

Housing in Order Roderick Hills Jr. proposes comprehensive planning to fight “NIMBYism” and increase affordable housing.

A fundamental obstacle to solving the affordable hous- the “zoning bazaar,” and they say it imposes a high cost ing crisis in New York and other American cities is rec- of information on real estate developers. onciling the interests of neighbors with the interests of If cities instead adopt comprehensive citywide plans, the larger community. Roderick Hills Hills says, they increase transparency Jr., William T. Comfort, III Professor in the zoning process and allow more of Law, looks at this issue in his latest developers to get involved. Hills and paper, “Planning an Affordable City” Schleicher also argue that the mayor of (Iowa Law Review, 2015), co-authored a city, rather than the city council, is in with David Schleicher. the best position to execute these plans. Because developers in most cities Hills says he is examining current must bargain parcel by parcel with each housing plans in New York City as a neighborhood, its community board, test of his theory, citing Mayor Bill de and its city council member, “Not in My Blasio’s citywide rezoning efforts. The Backyard” or “NIMBY” politics rule the process, say Hills de Blasio administration’s success in ratifying its city- and Schleicher. The only way to avoid this, they argue, is to wide housing program provides anecdotal support for spread affordable housing simultaneously across all neigh- Hills and Schleicher’s theory. borhoods in one comprehensive plan. When it comes to city planning, Hills says, “One “Fewer developers are capable of proposing projects, mayor will do a better job [than many council members], especially smaller projects, because they just don’t because there’s only one of him and he knows his reputa- want to hire expensive lobbyists and engage in a lot of tion turns on making the city as a whole better.” massaging of the political process,” Hills says. Hills and video online

W Schleicher refer to the prevailing piecemeal process as /MAGAZINE WW.LAW.NYU.EDU 58 A system. immigration inthe criminals for convicted fairness seeks ’05 Das Alina Condemned Doubly correctives. Since 2013 her work has been cited five cited been work her has 2013 Since correctives. argued immigration officials were using erroneous erroneous using were officials immigration argued will require deportation. She found that immigra that Shefound deportation. require will documents that may not have been the basis of a per basis the have been not may that documents immigration based They fact. the after years often record criminal aperson’s whether assess to methods suggested and deportation and detention mandatory law of clinical professor associate the on casework, penalties on the minimum conduct that could give give could that conduct minimum on the penalties of cases in biases demonstrating articles published penalties on the findings in police reports or other other or reports police in findings on the penalties son’s conviction, and assumed maximum conduct. maximum assumed and son’s conviction, the categorical approach, which bases immigration immigration bases which approach, categorical the to adhere and record criminal the to themselves cases, retrying effectively were adjudicators tion Drawing harshly. often and system, immigration the in time asecond punished are minor, if even tions, times in two US Supreme Court decisions. Court Supreme US two in times Das wrote that immigration officials should limit limit should officials immigration that wrote Das 2011 the in article an In 2011, Alina Das ’05 has spotted a certain pat acertain spotted ’05 Das has Alina 2011, s Immigrant Rights Clinic co-director since since co-director Clinic Rights s Immigrant tern repeatedly: clients with criminal convic criminal with clients repeatedly: tern (212) 992-8877 or [email protected]. 992-8877 or (212) Please contactMichele Eddie at can berecognized. contributions Find outhow your firm’s WALL of HONOR NYU LawNYU Review

, Das Das , - - - - “ends up justifying the worst of our laws and the the and laws of our worst the “ends up justifying June 2015 ruling. 2015 June cited Das’s article multiple times in the the in times multiple article Das’s cited again Court Supreme the approach, cal categori on the focused also that case casework and scholarship is an effort effort an is scholarship and casework argued the federal courts should play a robust role play arobust should courts federal the argued of Homeland Department US the to according 2013, nearly 441,000 immigrants were detained, detained, were immigrants 441,000 nearly 2013, worst of the penalties.” penalties.” of the worst rise to a conviction. In aconviction. to rise of criminal convictions made nonciti made convictions criminal of In opinion. majority is approach categorical the that 2013 April in ruled deserving of the worst consequences, without due without consequences, worst of the deserving gering mandatory deportation—the Supreme Court Court Supreme deportation—the mandatory gering process. “This rhetoric of criminality,” says Das, Das, says of criminality,” rhetoric “This process. zens subject to mandatory detention. In In detention. mandatory to subject zens Effective Death Penalty Act, many types types many Act, Penalty Death Effective the passage of the Antiterrorism and and Antiterrorism of the passage the overstepped has States United the that to counter the notion that certain individuals are are individuals certain that notion the counter to the appropriate one, citing Das’s scholarship in the the in scholarship Das’s citing one, appropriate the in reviewing the interpretation of interpretation the reviewing in With detention. of mandatory use its in trig conviction trafficking drug aminor involving immigration detention laws. detention immigration article, Das Das article, Review Law NYU a2015 In Security. A common thread in all of Das’s all in thread A common In more recent work, Das has argued argued has Das work, recent more In Mellouli v.Mellouli Lynch Moncrieffe Moncrieffe v. Holder

WILLKIE FARR &GALLAGHER LLP WEIL, GOTSHALMANGES LLP & WACHTELL, LIPTON, ROSEN&KATZ WHARTON &GARRISONLLP CRAVATH, SWAINE &MOORELLP CAHILL GORDON&REINDELLLP FRIED,HARRIS, FRANK, DESMARAIS LLP DEBEVOISE &PLIMPTON LLP PAUL,RIFKIND, WEISS, SHRIVER &JACOBSON LLP SULLIVAN &CROMWELL LLP STROOCK & & LAVAN LLP , a - - online video video —a case case —a

59 ARGUMENTS & OPINIONS Stricter Scrutiny Samuel Rascoff sparks debate with his argument for greater presidential oversight of intelligence gathering.

professorial hen the Harvard Law Facebook and Microsoft and, to an publications Review invites three sep- extent, the telecommunications firms. Continued from page 55 arate online critiques That’s a lot of American economic of an article to be pub- might, and that economic might Franco Ferrari lishedW at the same time as the arti- is very misaligned right now with (co-editor) Cross-Border cle itself, it’s a safe bet that the piece American national security power.” Litigation in Europe: in question is provocative. Professor Rascoff previously served as a The Brussels I Recast Samuel Rascoff indeed made waves special assistant with the Coalition Regulation as a Panacea?, with the publication of “Presidential Provisional Authority in Iraq before CEDAM, 2016 Intelligence” in January—as he had anticipated. becoming director of intelligence analysis for the Rascoff’s basic premise is simple: The president New York City Police Department. He knows bet- Eleanor Fox ’61 of the United States should exercise greater author- ter than most that his argument inevitably raises (co-editor) The Economic ity over intelligence collection, similarly to how the hackles in an intelligence community that has Characteristics of Develop- commander-in-chief already maintains direct over- enjoyed considerable autonomy in spying, partic- ing Jurisdictions: Their Im- sight of other intelligence activities by monitoring ularly his suggestion that intelligence collection plications for Competition covert actions and consuming intelligence analysis be “politicized.” Law, Edward Elgar, 2015 in daily briefings. But Rascoff’s proposal is more radi- “We’ve been very accustomed to thinking, after cal than it might initially sound. Sykes,the fiasco Kindler, of ReveszWMDs in Iraq, of politicization of intel- Clayton Gillette “Presidential Intelligence” owes its origins ligence as dangerous,” says Rascoff. Rather than the Advanced Introduction to largely to Edward Snowden. In the messy after- sort of politicization that was implemented to garner International Sales Law, math of Snowden’s leaking of thousands of classi- support for Operation Iraqi Freedom, Rascoff suggests Edward Elgar, 2016 fied National Security Agency documents, Rascoff that intelligence collection functions better when the observed the widespread repercussions—in partic- executive branch makes judgment calls with its own Martin Guggenheim ’71 ular, the incurred wrath of foreign allies, domestic political accountability in mind. “‘Politics’ stands in (co-author) Representing technology firms, and the American public—and for ‘judgment,’ for understanding the disparate costs Parents in Child Welfare decided that the crisis was a game changer. His argu- and benefits far afield of what you’re seeing in a more Cases: Advice and Guid- ment was bolstered seven months later when the narrow, technocratic silo,” says Rascoff. ance for Family Defenders, White House issued Presidential Policy Directive Not everyone agrees. The three national secu- American Bar Associa- 28, which gave the executive branch the authority rity law experts who authored the critiques posted tion, 2015 to “review decisions about intelligence priorities and online include Columbia Law School professor Philip sensitive targets on an annual basis so that [intel- Bobbitt; Carrie Cordero, an adjunct professor at Sally Engle Merry ligence agencies’] actions are regularly scrutinized Georgetown University Law Center; and Stephen The Seductions of by [the president’s] senior national security team.” Slick, director of the Intelligence Studies Project at Quantification: Measuring Rascoff observes that previous intelligence- the University of Texas at Austin. In Rascoff’s online Human Rights, Gender collection scandals had been scarce and limited response to his critics, he writes, “We agree that Violence, and Sex Traffick- to discrete surveillance incidents—most famously, greater transparency is not necessarily an unvar- ing, University of Chicago Watergate. But the Snowden affair demonstrated on nished good. (Championing presidential intelligence Press, 2016 a massive scale the pitfalls of rapidly advancing col- is not the same as championing the circumstances lection methods. “The real pressure is coming from that catalyzed it or that make it necessary.) But William Nelson ’65 an expectation that there is going to be a new normal [transparency] is a trend that will inevitably con- The Common Law in in intelligence,” explains Rascoff, “and that technol- tinue to redefine intelligence practice in the com- Colonial America, Volume ogy, ideology, and a commitment to transparency ing years and decades.” III: The Chesapeake and New among people who are going to end up working in Pushback from the intelligence community, England, 1660–1750, Oxford the NSA—like Snowden—are going to change the he adds, is as it should be. “We’re asking too much University Press, 2016 way that intelligence operates, generating essen- of the spies to self-regulate when we simultane- tially predictable scandals of intelligence collection.” ously want them to be pushing the envelope,” says Continued on page 64 Rascoff distinguishes between government inter- Rascoff. “Let the application of the brakes come action with the traditional business sector and the from the executive branch that has the macrocos- drastically different dynamic that exists with Big mic view of intelligence, that sees intelligence but Tech. “What’s complicating about this domain is that also sees the tech firms, the allies, both costs and

W you have major economic powers like Google and benefits.” Atticus Gannaway /MAGAZINE WW.LAW.NYU.EDU 60 “As lawyers examining the impact of a new of a new impact the examining “As lawyers whether the court has become increasingly increasingly become has court the whether across uneven strikingly been why it has - of equal “hierarchy the as describes de Búrca what In 2000, the EU enacted new anti-discrimination anti-discrimination new enacted EU the 2000, In T laws. with anti-discrimination dealing is Justice of Court European the how examines Búrca de Gráinne Equalities of Hierarchy A litigation can indicate either resistance to the law the to resistance either indicate can litigation Because litigation? been there has law, ask, we often took and controversial been initially had which laws, these to relation in happened - ori sexual disability, race, age, to respect with laws menting the laws or enacted them only partially. only them or enacted laws the menting islation before the CJEU, questioning why why questioning CJEU, the before islation leg this invoking cases the examining is nic origin, but allows discrimination on the ground ground on the discrimination but allows origin, nic law, anti- newer the domestic into transposition ing it meaning effective,” “directly law was EU in rule) law. While anti-discrimination EU within ities” based discrimination concerning 10 cases fewer than prohibits discrimination on grounds of racial or eth of racial on grounds discrimination prohibits Directive EU the that be law may of case paucity - need without states member EU all law in became between 20 and 30 age discrimination cases have cases discrimination age 30 and 20 between amount of litigation arising before the EU Court, Court, EU the before arising of litigation amount example, one possible partial explanation for the for the explanation partial one possible example, of each by enacted be to had laws discrimination to related be may reason possible One explained? reli alleging cases two first the and on race, four only and orientation, on sexual fewer still on disability, have been there 2000, since CJEU the before come While of discrimination. type on the depending law.” of the made being or use rulings. anti-discrimination its in cautious of Law, Professor Allen Ellinwood Florence de Búrca, Gráinne research, ongoing In religion. and entation, 1957. law since of EU part been has which equality, der gen to regard with law, particularly discrimination the original gender equality rule (an equal pay (an equal rule equality gender original the different grounds of discrimination, and and discrimination, of grounds different themselves. In the area of race discrimination, for discrimination, of race area the In themselves. imple delayed states Many states. member EU the of Justice. Court the before pending currently are discrimination gious litigation, little relatively been has there some time to be adopted,” de Búrca says. says. de Búrca adopted,” be to time some There also may be gaps or weaknesses in the laws laws the in or weaknesses gaps be may also There How might the uneven volume of litigation be be of volume litigation uneven the How might the in disparities significant found has Búrca De “I was curious to find out what had had out what find to curious was “I he European Court of Justice (CJEU) tradi (CJEU) of Justice Court he European in the vanguard of the development of development anti- of the vanguard the in tionally has been viewed as an institution institution an as viewed been has tionally ------

“Germany, for example, has been strongly resisting resisting strongly been has for example, “Germany, very shaken by the Euro crisis and its aftermath, and and aftermath, its and crisis Euro the by shaken very whether there are cases raising issues of EU law of EU issues raising cases are there whether Hence the likely impact of the law is weakened by by weakened law is of the impact likely the Hence Belgium, Greece, Cyprus, Austria, and Germany. Germany. and Austria, Cyprus, Greece, Belgium, Búrca says. “Could it be that the court is more ten more is court the that it be “Could says. Búrca Or might the opposite be true—that the court feels it feels court the true—that be opposite the might Or migrants from outside the EU. the outside from migrants nesses through further anti-discrimination legisla anti-discrimination further through nesses busi and of employers freedom the with interfering equality?” social advance to and image ity been has EU the in confidence “Citizen institutions. because the state is skeptical about the prospect of of prospect the about skeptical is state the because of policies driving is EU the that perception the by a new proposed European anti-discrimination law law anti-discrimination European proposed a new anti-discrimination litigation to see anti- on EU rulings tentative more and austerity which create harsh social conditions,” de conditions,” social harsh create which austerity caution about addressing divisive social issues issues social divisive addressing about caution examining the incidence of domestic of domestic incidence the examining at found be law might discrimination for fewer reason the whether investigate to courts national states’ member through moving cases EU’s auster the counter to here do something could scrutiny? under currently are institutions EU of the of EU distrust popular growing the and crisis text is often manifested in discrimination against against discrimination in manifested often is text - con EU the in discrimination race that fact the national. state member EU an not is person the that tion at EU level,” says de Búrca. level,” tion at de Búrca. EU says France, UK, the examined far thus She has CJEU. the to courts national by referred being not are that been has Búrca De level. domestic the through law in the wake of the EU’s economic EU’s economic of the wake the law in through tative about its development of the law because all all law because of development the its about tative Another possible reason is that there is greater greater is there that is reason possible Another She has been researching anti-discrimination anti-discrimination researching been She has

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Rachel Burns “ being made of the law. the of made being resistance to the law or use use or law the to resistance Litigation can indicate either either indicate can Litigation - - - -

” 61 ARGUMENTS & OPINIONS Adverse Reaction Professors find fatal flaws in a body of work on takeovers and corporate governance.

n an article in the March 2016 Stanford Law diluting a hostile bidder’s holdings and making an Review, Professors Emiliano Catan LLM ’10 and acquisition prohibitively costly. They are, Catan and Marcel Kahan shine a bright light on a body of Kahan write, “the takeover defense that really matters.” empirical work that examines one of the most Catan received his PhD in economics from NYU centralI questions in corporate governance: How in 2014, the same year he joined the Law School fac- does the threat of takeovers shape the behavior of ulty, and is fast developing a reputation as an innova- company managers? What’s revealed in the glare tive empiricist who calls into question conventional of Catan and Kahan’s scrutiny isn’t pretty. The wisdom. Crusaders against active poison pills, for studies, they say, are based on a fundamental mis- instance, point to studies saying they depress firm understanding of the legal landscape in which cor- value, but Catan’s research is punching holes in those porations operate and raise broader questions about claims. Kahan, George T. Lowy Professor of Law, has scholarship at the intersection of law and finance. long been a leading scholar of corporate governance For years, finance academics and deal making. Corporate Prac- have been churning out papers tice Commentator has selected 19 describing the effects that state of his articles as among the best statutes designed to protect cor- on corporate and securities law. porations from hostile takeovers When they began hearing have on management. In study from their business school col- after study, they have found that leagues about studies on the the presence, absence, or varying impact of anti-takeover stat- levels of protection of these laws utes, the two professors were affect things such as a company’s perplexed. “From the perspec- overall performance, executive Kahan tive of a corporate mergers and pay, worker wages, innovation, acquisitions lawyer,” Kahan says, and more. The analyses don’t “anti-takeover statutes matter always agree. One paper, for very, very little, if at all.” One example, concludes that anti- might then wonder how finance takeover statutes led to a drop scholars found so much empiri- in the value of bonds issued by cal evidence of their effect. After firms subject to the statutes, conducting their own detailed while another concludes that analysis of huge amounts of data, the adoption of those statutes Catan and Kahan address this in is associated with an increase their paper as well. The finance in the value of bonds. studies, they found, were replete In “The Law and Finance of Catan with methodological flaws, omis- Anti-Takeover Statutes,” Catan sion of important control vari- and Kahan call into doubt nearly all of the studies’ ables, miscoding, and selection bias. findings. Finance scholars, they write, have been The fact that so many academics found them- “barking up the wrong tree” with their focus on anti- selves pursuing this specious line of inquiry in the takeover statutes. Not only are the laws ineffective first place, Catan and Kahan say, points to a bigger for defeating raiders, they are also essentially irrel- issue in the relationship between law and empirical evant to the vast majority of corporations, because economics. “The underlying problem in the stud- they can deploy a much more powerful tool to thwart ies of anti-takeover statutes—that empiricists have hostile bids: the poison pill. a readily available explanatory variable for use in Also known as shareholder rights plans, poison their regressions, but do not pay much attention pills were the brainchild of one of NYU Law’s most to why and how this variable would matter—is not illustrious graduates: Martin Lipton ’55, co-founder of unique,” they write. Finance scholars, they note, Wachtell, Lipton, Rosen & Katz, a firm that has made need a better understanding of how law and legal its reputation in part by defending companies against institutions work. hostile takeovers. When triggered, poison pills give “To put it more bluntly,” they conclude, “it is high existing shareholders the right to acquire large quan- time for finance scholars to pay more attention to

W tities of company stock at a steep discount, thereby the ‘law’ in ‘law and finance.’” Michael Orey /MAGAZINE WW.LAW.NYU.EDU 62 “Derogatory to Professional Character?,” a chapter Character?,” to Professional “Derogatory Association’s archives to trace the history of medi history the trace to archives Association’s medical procedures—and what that means for patent law. for patent means what that procedures—and medical don’t patent why physicians investigates Strandburg Katherine (Cambridge University Press, 2014), and 2014), and Press, University (Cambridge Edge at the P Reputation by Driven collaborated in the first use of ether as anesthesia anesthesia as ether of use first the in collaborated Morton, William 1846, In patenting. procedure cal but “Legal In innovations. cedure Her research 1990s. the in cedure patent to not elect they innovations, device cal - medi their patent physicians Although cedures. a dentist, and Charles Jackson, a Harvard lecturer, lecturer, aHarvard Jackson, Charles and a dentist, things who invent innovators”—people “user are other doctors in exchange for scientific credit and and credit for scientific exchange in doctors other profession medical the that revealed in anesthesia of ether invention the one involving outwhy. find to history medical entific credit, in line with his profession’s ethical profession’sethical his with line in credit, entific sci wanted primarily Jackson invention. forent the professional reputation. Physicians benefit mutually mutually benefit Physicians reputation. professional for a tooth extraction and jointly applied for a pat applied jointly and extraction for a tooth pool. the in innovations procedural to access free from with inventions their share They patients. their serve says or sell, license to than rather use own for their B. Engelberg Professor of Law, recently examined examined of Law, recently Professor Engelberg B. tion in favor of broadening patent law exemptions. patent favor of broadening in tion pro of sharing norm ethical an tains the mid-19th century and a second a second and mid-19th century the their medical procedure innovations. Katherine Katherine innovations. procedure medical their to improve their ability to practice medicine and to to and medicine practice to ability their improve to Unacceptable,” a chapter in in achapter Unacceptable,” is driven by reputation and main and reputation by driven is pro surgery a cataract involving ing), Strandburg stakes out a controversial posi out acontroversial stakes Strandburg ing), in Strandburg, intellectual property scholar and Alfred Alfred and scholar property intellectual Strandburg, Strandburg. Physicians invent medical procedures procedures medical invent Physicians Strandburg. Creativity Without Law Without Creativity When it comes to medical procedures, physicians physicians procedures, medical to it comes When Strandburg dug into the American Medical Medical American the into dug Strandburg cases, patent iconic two studied Strandburg and awards for related lawsuits have increased have increased lawsuits for related awards and States, United the in expanded has atenting significantly. But one area of innovation has has innovation of area But one significantly. lagged behind expectations—medical pro expectations—medical behind lagged (NYU Press, forthcom Press, (NYU Intellectual Property Property Intellectual - - - and social structures.”and social about this more from more from this about “We think should social institutions institutions social the perspective of ------

“Most groups of inventors want patents. If you have If patents. want of inventors groups “Most court invalidated the patent and famously ruled that that ruled famously and patent the invalidated court copyright law, so should there be exemptions exemptions be law, there should so copyright and even sued the New York Eye Infirmary pat for York New the Infirmary sued even Eye and a group of people saying ‘Don’t give us patents,’ patents,’ us ‘Don’t give saying of people a group Strandburg. says patents, without off better be ably of social perspective the from more this about surgery cataract asutureless to improvement an natural phenomena are not patentable. not are phenomena natural the 1862, in trial infringement patent the At munity. com medical the alienating thus infringement, ent for licenses charging by discovery the mercialized however, com Morton, inventions. sharing of norm ent law. Just as there is the fair use exception in in exception use fair the is there law.ent as Just procedures for their own use and, as a group, a group, as and, use own for their procedures - Strand costs. social other bring and prices of pat view Strandburg’s altered has patenting says. “It’s not just individuals. People do their do their People individuals. “It’s just not says. those inventions, medical procedures would prob would procedures medical inventions, those context social taking patents, without exists tion raise also but they innovation, promote to medical the galvanized Singer royalty. Pallin’s pay to refused who asurgeon Jack Singer, and technique, it’s worth taking that seriously.” that taking it’s worth contexts.” social in inventing Strandburg structures,” social and institutions think we should that “I’m arguing account. into intended are law, Patents patent in says. she infringing pure procedural patents. have developed community norms for sharing for sharing norms community have developed burg favors exemptions when sufficient innova sufficient when exemptions favors burg who patented surgeon eye an Pallin, Samuel between This user-innovation model in medical medical in model user-innovation This Because physicians are motivated to invent invent to motivated are physicians Because Strandburg also looked at the 1990s dispute dispute 1990s the at looked also Strandburg community against procedure pat procedure against community ents; physicians lobbied Congress Congress lobbied physicians ents; patentable subject matter. Although Although matter. subject patentable the effort failed, Congress didelim Congress failed, effort the from procedures excludeto medical tive relief, against physicians for physicians against relief, tive inate remedies, including injunc including remedies, inate

Michelle Tsai Michelle -

------63 ARGUMENTS & OPINIONS Finding a Place to Sue Linda Silberman tracks the evolving, and often confusing, Supreme Court decisions on jurisdiction. professorial It took the Supreme Court 100 years to officially incorporation or prin- publications bury Pennoyer v. Neff, its landmark ruling on juris- cipal place of business. Continued from page 60 diction. As a young law professor, Linda Silberman Silberman argues commemorated the moment in a 1978 article in the in “End of Another Era” Richard Revesz NYU Law Review, proclaiming “the end of an era.” that, in Daimler, the (co-author) Struggling Fast-forward to 2014 and the Supreme Court’s court went too far. That’s because in recent rulings the for Air: Power Plants and dramatic ruling on jurisdiction in Daimler AG justices have also narrowed opportunities for plain- the “War on Coal,” Oxford v. Bauman. It prompted Silberman, now Martin tiffs to sue even in forums where the alleged wrongs University Press, 2016 Lipton Professor of Law, to write an article entitled do take place (specific jurisdictions). She points to a “The End of Another Era: Reflections on Daimler 2011 decision holding that a New Jersey employee David Richards and Its Implications for Judicial Jurisdiction in the injured by a machine in New Jersey could not sue Why Love Leads to Justice: United States,” in a 2015 issue of Lewis & Clark Law the machine’s English manufacturer, even though Love Across the Boundar- Review. “These dramatic jurisdictional changes have the manufacturer’s distributor had sold that very ies, Cambridge University bracketed my career,” observes Silberman. machine to the employer in New Jersey. Press, 2015 Prior to Daimler (and Goodyear Dunlop Tires v. In light of several post-Daimler decisions in the Brown, a 2011 ruling), under the concept of general lower courts, Silberman also worries that the Supreme jurisdiction, a plaintiff could bring claims that Court overlooked the potential impact of Daimler on are unrelated to the defendant’s activity in a actions to enforce foreign-country judgments and given forum. But in Daimler, for general jurisdic- arbitral awards. She and Aaron Simowitz, an NYU tion, the court held a corporation may be sued Law research fellow and former Lawyering professor, only “at home,” which it defined as its place of examine that issue in the May 2016 NYU Law Review.

big-government aberration that a really authentic Collective Living American political system would undo. In his new book, David Garland asserts Welfare states vary, but the involvement of govern- the necessity of the welfare state. ment in regulating the economy, providing economic security for workers, and ensuring social provision and David Garland, Arthur T. Vanderbilt social rights for the population as a whole is a charac- Professor of Law, has authored a series teristic of all developed societies. of award-winning books on crime and punishment. Now, Garland takes on You examine welfare states in Sweden, Germany, the welfare state with The Welfare State: the United Kingdom, and the United States. Where A Very Short Introduction, his entry to does the United States fit in? Inequality and child the best-selling Oxford University Press poverty in this country are much greater, and levels pocket series. He recently sat down for of social mobility are now lower than elsewhere in an interview on the topic. the developed world. America has ceased to be a country in which the Did Oxford approach you to write this book? I pro- American Dream operates on any large scale because posed it. I was very much a product of the welfare we have an economic system where the returns are state growing up in Scotland in the 1960s. I wanted unequally distributed between capital and labor. This interview to reflect on what that welfare state was and the form has been edited in which it continues today. I knew I could write an Ultimately, is this book optimistic? The book’s mes- and condensed. argument that was provocative, but well grounded. sage is a very positive one. Rational, collective life has to be based on doing the right thing. My book reminds Is the “provocative” your assertion that the welfare us of the moral elements of collective life that market state is an essential feature in a modern society? economics sometimes makes us forget. Exactly. We often talk, especially in the United States, as if the welfare state were some kind of video online “How to Tax the Rich,” Kamin parts ways with those those with ways parts Rich,” Kamin the “How Tax to I answered by how we make our our how by we make answered get acitizen as and academic and substance of that.” Kamin Kamin of that.” substance and where it’s been so concentrated at the top, there is is top, there the at concentrated so it’swhere been who say this should be done simply by increasing the the increasing by done simply be should this who say of because merely not wealthy, of those with the highest incomes,” he says. incomes,” highest the with of those rising health care costs, and and costs, care health rising population, aging of an result good reason to try to seek more revenue from some some from revenue more seek to try to reason good policy, thinks the solution is tax reform. tax is solution the policy, thinks administra Obama’s President in served previously fiscal fiscal decisions—the process ques important “And most of the some Kamin. says such as infrastructure and education. “Given the “Given the education. and infrastructure as such on the taxes increasing favors up basis (valuing the assets at the time they receive receive they time the at assets the (valuing up basis astepped- get then would heirs Their die. they until them) that effectively wipes out taxes on gains dur gains on taxes out wipes effectively that them) decades, three last over the growth of income trend term shortfalls—the fiscal long- faces States United the an as in I’m interested tions for economic president the to assistant special as tion ing the original owner’s lifetime. owner’s original the ing investment needs in areas areas in needs investment inequality, but also because “Our fiscal system is an incredibly powerful tool,” powerful incredibly an is system fiscal “Our n the ongoing national debate over income debate national ongoing n the online poor. Associate Professor David Kamin ’09, who Kamin David Professor Associate poor. to combat the widening gap between the rich and and rich the between gap widening the combat to inequality, policymakers have clashed over how have clashed policymakers inequality, David Kamin looks at how to do it effectively. do to how at looks Kamin David wealthy. onthe taxes for increasing call people of Plenty How to Tax the Rich video video In a paper published last year in in year last published apaper In

capital gains tax rate on sales of stock, of stock, on sales rate tax gains capital argues, by holding onto these assets assets onto these holding by argues, real estate, and other capital assets. assets. capital other and estate, real The wealthy are likely to respond, he he respond, to likely are wealthy The Tax Notes Tax titled titled - - - “With a given amount of support to low-income fami low-income to of support amount agiven “With could total at least $40 billion per year. And because because And year. per billion $40 least at total could as addressing the increased concentration in many many in concentration increased the addressing as the above someone “Raising Kamin. says terms,” age on Wall Street. “The kinds of changes you need in in you need of changes kinds “The Street. on Wall practices unfair target that regulations menting people as efficiency gain would market effect—the “lock-in” so-called death—the until on assets to he calculates, gains, revenue Potential taxes. estate poverty line is hugely important for that family, and and family, for that important hugely is line poverty hold to incentive have an no longer would people sell their assets when it makes the most business business most the it when makes assets their sell tially over what is currently collected by gift and and gift by collected currently is over what tially the tax system to address the broad problem of ris problem broad the address to system tax the ing inequality,” Kamin says, “turn out to be very very outbe to “turn says, Kamin inequality,” ing abnormally generating be may which industries, such tools, policy other include should inequality do that.” to of dollars alot take it doesn’t large—larger than anything we’ve had on the table.” table.” on the we’ve had anything than large—larger imple power, and market with firms for profits large percent abit in quite incomes their you raised lies, bequests and gifts of property increased substan increased of property gifts and bequests Michelle Tsai Michelle Instead, Kamin would like to see taxes on taxes see to like would Kamin Instead, Kamin acknowledges that efforts to combat combat to efforts that acknowledges Kamin

Achieve,” Kamin showed how showed Achieve,” Kamin Tax Law Review end of the income spectrum. spectrum. income of the end Changes in the Tax System Can Can System Tax the in Changes past 30 years from contribut from years 30 past sive tax burdens) to reducing it. it. reducing to burdens) sive tax do so. to sense Poverty, Not Inequality: What What Not Inequality: Poverty, in published article a2013 In tax policy has shifted over the over the shifted has policy tax ing to poverty (through exces (through poverty to ing inequality from the opposite Kamin has also examined examined also has Kamin , “Reducing “Reducing , ------“3-D Printing and the “3-D Printing andthe “Compelled Costs Under“Compelled Winner Is… Winner And the the And Transgender Round Table) Association’s Gay, Vermont Law School) AWARD-WINNING (American Bar(American Association) (American Library(American Gavel Award for ( CERCLA: Incompatible Equality onTrial Law Review Law Student Environmental Law and 2015–16 SCHOLARSHIP BY BY 2015–16 SCHOLARSHIP Speak Now:Speak Marriage and Tort Law” Several Liability, Winner, 2016Stonewall Media andtheArts Winner, 2016Silver Winner, 2016National Writing Competition Winner, 2015White man Non-Fiction Award Book Award—Israel Fish- Pharma toTable” Home Remedies: Regulatory Future of Lesbian, Bisexual, and Remedies, Joint-and- Law Writing Competition River Environmental Luis Inaraja Vera ’16 Kenji Yoshino Ross ’16 Campbell FACULTY AND STUDENTS Vermont Journal of

65 ARGUMENTS & OPINIONS Dueling Legacies Peggy Cooper Davis examines the history of the conflict between individual rights and the Confederate narrative at the Supreme Court.

When a group of 300 freedmen gathered in the Colfax, Louisiana, courthouse to support the Repub- lican appointees, a mob of white men on horseback set fire to the building and killed those inside. The federal government charged members of that mob with civil rights violations under Recon- struction enforcement statutes, but the court held the prosecutions unconstitutional, determining that it was states that had authority to police civil rights violations by individuals. Subsequent rulings continued to assert what Davis and her co-authors call the Cruikshank Creed, but, Davis notes, “The people’s narrative was also being sounded, most notably in dissents of Justice John Marshall Harlan.” n her scholarship and teaching, Peggy Cooper Drawing on their collaboration with civil rights Davis, John S. R. Shad Professor of Lawyering veteran Robert Parris Moses in seminars at NYU Law, and Ethics, considers the centrality of narrative Davis, Francois, and Starger argue that the 1960s civil to the development of law. Her working paper, rights movement was part of a continuing effort of “The I Persistence of the Confederate Narrative,” co- African Americans to move from the status of consti- authored with Howard University School of Law tutional property to constitutional personhood. Civil professor Aderson Francois ’91 and University of rights proponents saw the Reconstruction Amend- Baltimore School of Law professor ments as guaranteeing a measure Colin Starger, traces two conflicting of inalienable rights and the Con- legal narratives that have emerged federate narrative as a revisionist over the course of American his- story undermining that guarantee. tory: a Confederate story about the In response to violence against civil protection of local sovereignty and rights workers, the Supreme Court a “people’s” story about national became guardedly more tolerant of protection of human and civil rights. federal enforcement of civil rights. “With the end of slavery and Davis notes, however, that in the drafting of the Reconstruction recent years the court has reverted Amendments, there was an intention to give the to versions of Cruikshank’s Confederate creed. For national government authority to enforce basic example, Shelby County v. Holder invalidated a por- human rights. And we believe that that’s been sty- tion of the Voting Rights Act as an unconstitutional mied by the Confederate narrative,” Davis says. infringement of state sovereignty. Although four “There is a way of thinking, with deep origins in the justices dissented, Davis writes that they failed to support of slavery and sound the people’s narrative. “The dissent failed “There is a way of thinking, with deep in Confederate seces- to evoke the cruel lesson of slavery: that majoritar- origins in the support of slavery and in sion, that continues ian political processes can yield results that violate Confederate secession, that continues to to prevent the federal human rights principles that bind us as a nation.” prevent the federal government from government from pro- Despite the outcome in Shelby County, Davis protecting fundamental human rights.” tecting fundamental is hopeful as the Supreme Court builds on deci- human rights.” sions such as Obergefell v. Hodges, which relied on With Francois and Starger, Davis describes a series national civil rights authority to legalize same-sex of post-Reconstruction Supreme Court decisions that marriage. “My most optimistic hope is that when reasserted the Confederate narrative. One is United there’s a new appointment, the court will build on States v. Cruikshank, in which the federal govern- Obergefell’s recognition of federally enforceable ment attempted to prosecute those responsible for the human rights protections. Were that to happen, Colfax massacre. In Louisiana’s 1872 gubernatorial the court would find firm support in our historical election, two candidates had declared victory, and narrative of the fall of slavery and the nationaliza-

W each party attempted to make judicial appointments. tion of civil rights.” Rachel Burns /MAGAZINE WW.LAW.NYU.EDU 66 US SupremeUS Justice ElenaKaganLaw Court audienceherperspective on offeredrecent developments anNYU at the court 73 71

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67 PROCEEDINGS 68 WWW.LAW.NYU.EDU /MAGAZINE she said, her internal internal her said, she views on the proper the on views verdicts. Virtually Virtually verdicts. without exception, without exception, Sotomayor wouldSotomayor compare her own her compare outcome of cases cases of outcome determinations matched theirs. matched with her juries’ juries’ with her I Law. Survey of American Annual the by honored is and civiljuries on reflects Sotomayor Sonia Justice At School, Law the A Survey her juries’ verdicts. Virtually without exception, she she exception, without Virtually verdicts. juries’ her four instrumental people from Sotomay from people instrumental four miums, beginning with Chief Judge Robert Robert Judge Chief with beginning miums, audi the reminded Susman attorney, trial renowned to her. to Law American of praise of some of her closest peers at the ceremony ceremony the at peers closest of her of some praise and Adjunct Professor Stephen Susman, executive executive Susman, Stephen Professor Adjunct and director of the Law School’s Civil Jury Project and a a and Project Jury School’s Civil Law of the director Survey Annual of the volume 73rd the dedicating or’s life in the law delivered heartfelt enco heartfelt law delivered the in or’s life said, her internal determinations matched theirs. matched determinations internal her said, Justice Sonia Sotomayor of the US Supreme Court Court Supreme US of the Sotomayor Sonia Justice n her visit to NYU Law last February, Associate Associate February, last Law NYU to visit n her about civil jury trials, then receiving the glowing glowing the receiving then trials, jury civil about did double duty, first engaging in a dialogue adialogue in engaging double duty,did first At the start of a discussion between Sotomayor Sotomayor between of adiscussion start the At Annual Survey Annual the During 13 years as a lawyer followed by followed alawyer as years 13 would compare her own views on views own her compare would ponent of juries, has nearly two two nearly has of juries, ponent trial jury acivil in participated both as a lawyer and as ajudge. as and alawyer as both among current Supreme Court jus Court Supreme current among the proper outcome of cases with with of cases outcome proper the decades of experience with them: them: with of experience decades of Sotomayor’s uniqueness ence tices: she is the only one who has one has who only the is she tices: six as a district judge. Sotomayor Sotomayor judge. a district as six Sotomayor, an unabashed pro unabashed an Sotomayor, dedication, dedication, for Sotomayor for - - photos photos online - - -

“with its myriad and vibrant connections to practical practical to connections vibrant and myriad its “with Major League Baseball in 1995 ended a players’ strike strike aplayers’ 1995 ended in Baseball League Major Katzmann of the US Court of Appeals for the Second Second for the of Appeals Court US of the Katzmann Edgar, was a Legal Aid attorney when she argued her her argued she when attorney Aid aLegal was Edgar, first case, opposing New York County Assistant Dis Assistant New County York opposing case, first her, in the later words of President Barack Obama, Obama, Barack of President words later her, the in lives of human beings, spoke to her the way a song wayasong the her to spoke beings, of human lives her fellow speakers part of “a very deep bench of Soto bench deep of “a very part speakers fellow her from her keep careerism cautious let to refused had Annual Survey Annual (and 2013 colleague Circuit for bench on that her with served had who Circuit, Cardi insisted, however, that Sotomayor has never never has Sotomayor however, that insisted, Cardi moved Sotomayor said that, beyond the obvious honor, obvious the beyond that, said Sotomayor moved forgotten her humble Bronx roots. Bronx humble her forgotten famous of one of most Sotomayor’s account an into metaphor sports that from segued Batts mayor fans.” challenge to hesitate not did Sotomayor recalled, biggest fears upon her Supreme Court confirma Court Supreme her upon fears biggest making season, of the start the before one day just a us, to sense makes that something recognize ately a guiding principle for Sotomayor. “Law,” principle he said, a guiding Sotomayor, whom he heand Remarkably, a decade. or piece of music can speak to us when we when immedi us to speak can of music or piece cases. Sotomayor’s preliminary injunction against against injunction preliminary Sotomayor’s cases. of the 138 cases in which they were both involved. both were they which in cases 138 of the on 100 percent me,” to agreed “a had sister called doing what she believed justice and law required.” and justice believed she what doing class. torts Calabresi’s in thinking conventional tion, Cardi said, was being changed by power. by changed being was said, Cardi tion, tee), who taught Sotomayor and also fellow justices justices fellow also and Sotomayor tee), taught who trict Attorney Sonia Sotomayor. One of Sotomayor’s of Sotomayor’s Sotomayor. One Sonia Attorney trict and of York New herself deemed District Southern the sub her imperiled judge court a district as tiously Calabresi law school, League Ivy an at element tional courage. moral Sotomayor’s to the woman who “saved baseball.” “saved who woman the Samuel Alito and Clarence Thomas at Yale, spoke Yale, at spoke Thomas Clarence and Alito Samuel sequent Second Circuit confirmation: “But Sonia Sonia “But confirmation: Circuit Second sequent cau tread to Her refusal bench. the to ascended she

nd we feel it and know it in our bones.” our it in know itnd we and feel Annual Survey Accepting the Annual Judge Deborah Batts of the US District Court for Court District US of the Batts Deborah Judge Judge Guido Calabresi, another former Second Second former another Calabresi, Guido Judge This courage, he continued, did not flag when when flag not did hecontinued, courage, This Katzmann observed that “structure” has been been has “structure” that observed Katzmann Dawn Cardi, founder and partner at Cardi & Cardi at partner and founder Cardi, Dawn out tradi of her Latina ayoung being Despite was “the gift of palpably knowing, palpably palpably knowing, of palpably gift “the was feeling the love of friends whom Iadore.” love of friends the feeling the most meaningful aspect of the experience experience of the aspect meaningful most the

Atticus Gannaway Atticus

dedication, a visibly visibly a dedication, dedica ------

Justice Antonin Scalia in a presidential election year. election apresidential in Scalia Antonin Justice we’re especially concerned about that now. I will say say now. that Iwill about concerned we’re especially but Ithink agreement, reach to work hard we always be.” to he used where and argument, at presence abig was More significant, she added, “He added, she significant, More Competi Board Court Moot Marden I miss him every day,” said Kagan. day,” every Kagan. him said I miss Tish in house afull before Morrison Trevor Dean U Court. Supreme post-Scalia anewly of glimpse inside Kagan an provides Elena Justice visit, Law NYU her During JusticeJunior The Judgment of the have even numbers of members.” numbers have even complica the with dealing are justices fellow her of Kagan’s friend aclose who was lia, man Auditorium, then served as chief justice for justice chief as served then Auditorium, man as the White House and the Senate engaged in apro in engaged Senate the and House White the as absence is actually a little bit discon alittle actually is absence experience of being the junior justice for the for the justice junior the of being experience ahole such there’s because certing, differences. dential jurispru considerable their despite cases contentious most of their some in votes of tie there is a reason why courts do not typically typically do not why courts areason is there “Ithink Court. eight-member an from arising tions his in argument out figure to trying Sca of the loss on She reflected tion. S. Orison the of argument final the tracted battle over the nomination of a successor to to of asuccessor nomination over the battle tracted Fletcher, Kagan, Griffith, and Stefanik and Griffith, Kagan, Fletcher, “I just loved Justice Scalia, and and Scalia, Justice loved just “I In a lighter vein, Kagan described her described Kagan vein, alighter In and she said, Kagan loss, personal the Beyond with dialogue awide-ranging in engaged Kagan visit to NYU Law in April occurred during a a during occurred April in Law NYU to visit eight current justices faced the possibility possibility the faced justices current eight The court. moment for the national crucial S Supreme Court Justice Elena Kagan’s Kagan’s Elena Justice Court S Supreme - - - - argument…. You have argument…. the judges are asking are asking judges the weakest links inyour links weakest justice elena kagan elena justice to really look at it as it as at look really to the questions at the at questions the convince the judges judges the convince

understand is that that is understand “What you have to “What an opportunity to opportunity an us supreme court otherwise.” photos photos online - - - which they discover in the middle of conference of conference middle the in discover they which have to understand is that the judges are asking asking are judges the that is understand have to colleagues. her Columbia Circuit and Judge William Fletcher of the of the Fletcher William Judge and Circuit Columbia of District the for Appeals of Court US the of Griffith ment…. You have to really look at it as an oppor an it at as look Youment…. really have to aspirin, their They forget of coffee. cup their forget door the answer to is court of the member newest past five and a half years. One of her duties as the as One of her duties years. half and a five past during conference and hand off certain items to items certain off hand and conference during tunity to convince the judges otherwise.” She also She also otherwise.” judges the convince to tunity argu your in links weakest the at questions the need.” really they that

“They forget their glasses,” she explained. “They “They explained. she glasses,” their forget “They Kagan had some practical advice: “What you “What advice: practical some had Kagan Thomas Judge joined Kagan afternoon, that Later very grateful to have been the recipients of it.” recipients the have been to grateful very work and preparation showed, and we are we are and showed, preparation work and offered high compliments: “All your hard hard your compliments: “All high offered

Atticus Gannaway Atticus ’16 and Gabriel Panek ’17 represented ’17 Panek represented ’16 Gabriel and ’16 argued Levine ’16 Alexander and US Court of Appeals for the Ninth Ninth for the of Appeals Court US Oralist, awarding him the honor for a the him awarding Oralist, argument. final Court Moot Marden the judge to Circuit members then offered final thoughts thoughts final offered then members deliberation, subsequent and moot Benish Kevin while petitioner, for the as well as general praise. general as well as the judges named Stefanik as Best Best as Stefanik named judges the ahard-fought After respondent. the second consecutive year. The panel’s panel’s The year. consecutive second Marden finalists Sean Stefanik Stefanik Sean finalists Marden

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like God.” helped. Helooked beard authority: “The may have commanded did suggest why Hughes on hisowndifficulties, opinions. Roberts, mum conservative-friendly of Obamacare andmore over boththeupholding encountered blowback and Roberts, who fellow conservatives, aswell as House by aliberal White Hughes, criticized similarities between noted Observers FDR administration. justicechief duringthe Charles Evans Hughes, todiscuss to campus Justice John Roberts that brought Chief Society Historical and theSupreme Court of the New York Courts Society the Historical an ev NYU Law facilitated Last November, Concerns Chief Trevor Morrison Trevor Roberts and Dean Dean and Roberts ent co-hosted by

69 PROCEEDINGS 70 WWW.LAW.NYU.EDU /MAGAZINE Public + Police Last November, the P headedbyProject, to buildtrustbetween involving thepublicin inaugural conference participants focused participants on most inno nation’s leadingand more aboutFriedman rules” for policing. (See formulating “democratic and thechallenges of and thePolicing Project.) how tomeasure success, community engagement, subst citizens. Inthree officials todiscuss ways of NYULaw’s Policing story onpagestory 96for law enforcement and drew of some the rofessor Friedman, Barry antive sessions, vative police

Torture—a move that even drew a response from the the from aresponse drew even move that Torture—a was directly connected to the international pres international the to connected directly was story the Sheshared however subtle. results, while Fraternal Order of Police, which also wrote to the com the to wrote also which of Police, Order Fraternal is significant “how movement, Matter Lives Black for rapporteur special UN the and of Law Professor L LivesBlack Everywhere Matter human rights framework as opposed to a civil rights rights acivil to opposed as framework rights human CJP brought the case to the UN Committee Against Against Committee UN the to case the brought CJP family and the people on the ground was that that that that was ground on the people the and family subse Department Police Beach Miami The mittee. worth deliver can bodies international involving how illustrated Miami, in (CJP) Project Justice nity international an by served better be movement may pointed out that using an international human rights rights human international an using out that pointed and lawyers to discuss how the Black Lives Matter Matter Lives Black how the discuss to lawyers and quently revised its Taser policy. “The sense from the the from sense policy. “The Taser its revised quently the Florida, in headway little making After officer. police aMiami by death to tased 18-year-old of an For the asked: rights, human and poverty extreme Pomeroy Norton John Alston, Philip Moderator one. tee on the Elimination of Racial Discrimination, Discrimination, of Racial Elimination on the tee component?” international the sure that they had been receiving,” Jagannath said. Jagannath receiving,” been had they that sure Forging Agreement on Use of Force at theWhiteDomesticPolicy House Council. one f said Austin,said “andwe have to acknowledge time that there’s at the same violentcrime that’s really some show that fair andrespectful treatment matters justasmuchtheultimate sometimes result of one’s In April,theCenter ontheAdministration of CriminalLaw’s annualconference examined theroles of prosecutors, police, andthecommunity inuse-of-force Two cases. keynote speechesbookended theday: Roy Austin Jr., deputytothepresident assistant for theOffice ofUrban Affairs, Justice, andOpportunity interaction withpolice.” Gupta happening inour communities and not beanti-blackoranti-brown.” Meena Jagannath, co-founder of the Commu of the co-founder Jagannath, Meena Gay McDougall, a member of the UN Commit UN of the amember Gay McDougall, Institute for Human Rights invited activists activists invited Rights for Human Institute ast September, the Center for Human Rights Rights for Human Center the September, ast and Global Justice (CHRGJ) and the Bernstein Bernstein the (CHRGJ) and Justice Global and “We have of to beabletocritical policingandnothave everyone thinkthat we’re anti-police,” “People want totrustthepolice,” Gupta. “People said needtotrustthepolice. of Decades research rom Vanita Gupta ’01,headof theJustice Department’s Civil Rights Division, and theotherfrom ------“The important paradigm shift is that human rights rights human that is shift paradigm important “The framework allows lawyers and activists to directly directly to activists and lawyers allows framework in the US context.” context.” US the in thought atransformative met—that’s are needs in here which rights, social and economic includes beyond the civil rights enshrined in American law. American in enshrined rights civil the beyond address the larger social problems at hand, going going hand, at problems social larger the address accrue to all of us because we are human, and the job job the and human, we are because of us all to accrue of government is to make sure that our basic human human basic our that sure make to is of government that goods public considered be “should education the US are seen as, at best, aspirations,” McDougall McDougall aspirations,” best, at as, seen are US the said. To believe that housing, food, clothing, and and clothing, food, housing, that To believe said. Austin Alston McDougall Philip Gay Gay

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© BRUCE GILBERT FOLCS Impressive A What appeals to Toobin about covering law-related law-related covering about Toobin to appeals What and New York Giants Hall of Famer Harry Carson. Carson. Harry of Famer York New Hall and Giants David and Giamatti, Paul Eisenberg, Jesse actors equilibrium of reflective akind in engaged always former event, another During of computers.” a bank subjects, he said, is “the endless newness of the law.” of the newness endless “the is he said, subjects, seems to me the best economic policymakers are are policymakers economic best me the to seems The Bonfire of the of the Bonfire Vanities of The discussion screening FOLCS and a distinguished fellow at the Law School. School. Law the at fellow adistinguished and FOLCS tleblower Frank Serpico; US Attorney Preet Bharara; Bharara; Preet Attorney US Serpico; Frank tleblower US Treasury Secretary Lawrence Summers, reflect Summers, Lawrence Secretary Treasury US ing on what he had learned in government, said, “It said, government, in learned he had on what ing apost- In decade. second of its beginning the at ies lyst Jeffrey Toobin and Thane Rosenbaum, director of of director Rosenbaum, Thane and Toobin Jeffrey lyst between the political and the economic aspects.” economic the and political the between Strathairn; French intellectual Bernard-Henri Lévy; Lévy; Bernard-Henri intellectual French Strathairn; At theAttorney General Robert Abrams ’63 can’t. Well,can’t. that justmakes memore determined Heidi Heitk Public Lecture Service lastSeptember, US Senator Odds-Defying Senator Democrat inaprimarilyRepublican state. North Dakota’sNorth attorney general, overcoming up at atimewhenfew women were lawyers. to beleadersfor positive change. Heitkamp grew to doit.” Shediddoit:studying law, as serving breast cancer, andwinningaSenate asa seat photos photos online Other discussions included famous NYPD whis NYPD famous included discussions Other FOLCS continued to draw an array of luminar array an draw to continued FOLCS “People your wholelife you tell will that you 10th-anniversary celebration of NYU Law’s Law’s of NYU celebration 10th-anniversary fall featured a conversation between legal ana legal between aconversation featured fall Forum on Law, Culture & Society (FOLCS) last last (FOLCS) &Society on Law, Culture Forum

amp of North Dakotaamp of North urged students novel: “All of the great masters of the of the masters great novel: “All of the Tom Wolfe recalled visiting Wall visiting Tom Wolfe recalled universe are now little clerks behind behind clerks now little are universe Street 25 years after publishing his his publishing after years 25 Street

- - - - , The Civil Jury: Out? citizen it has injured.” injured.” it has citizen impose to ability jury’s the limiting and action class Civil the of conference inaugural the off capped who has served as both US attorney and attorney gen attorney and attorney US both as served has who ence comes to a crashing stop at the jury box. There, There, box. jury the at stop acrashing to comes ence Court Supreme the criticized Island, Rhode in eral 1962. Whitehouse, in percent over 5.5 just from down punitive damages. Above all, he stressed the civil civil the he stressed all, Above damages. punitive stand equal before the law, even with the humble humble the law, the before with even equal stand via redress seek jointly to it difficult more for making the merits of the case dictate the jury’s decision,” decision,” jury’s the dictate case of the merits the US Senator Sheldon Whitehouse of Rhode Island Island of Rhode Sheldon Whitehouse Senator US in today’s post– he said. “There, even the mighty corporation must must corporation mighty the even “There, he said. jury trial’s potential to rectify some of the excesses excesses of the some rectify to potential trial’s jury Wolfe Eisenberg “That tide of special interest money and influ and money interest of special tide “That Citizens United political United climate. Citizens Jury Project at NYU Law last last Law NYU at Project Jury as a pillar of the American American of the apillar as eral cases resolved by juries juries by resolved cases eral system. democratic preserve the civil jury trial trial jury civil the preserve fall with a potent entreaty to to entreaty apotent with fall has been below 1 percent, 1percent, below been has Since 2005, the rate of fed rate the 2005, Since Carson - - -

his subsequent career. his legal on education as well astheeffect of and thisyear’s election, current state of politics onthe timely discussion School community ina with thebroader Law group. Schumerengaged Law Democrats student the in ited NYULaw inMarch at Schumer of New York vis US Senator Chuck Chats Schumer Chuck Toobin Summers Serpico vitation ofvitation theNYU

- 71 PROCEEDINGS 72 WWW.LAW.NYU.EDU /MAGAZINE Turn o and astrong protection checks andbalances, limit tive law “emphasizes that administra critics but simplyr ing indefense, hesaid, Ginsburg was notengag alleged rightward shift. criticizing hiscircuit’s and Adrian Vermeule professors CassSunstein by Law article Harvard DC C burg, judge senior of the Lecture, DouglasGins At lastOctober’s Hayek Ri A f individualrights.” ed government, ircuit, addressed an addressedircuit, an g ?

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- - - I Women Still Can’t Have It All,” visited in November November in visited Have It All,” Can’t Women Still US attorney theorized that the Second Circuit’s game- Circuit’s Second the that theorized attorney US law. of field the affecting issues important examine to disciplines multiple from minds brightest the of draw to some Forum continues The Milbank Tweed Punch Topical heated debate with her 2012 2012 her with debate heated - trad of insider prosecution dogged his asa aswell corruption public deterring in office his ing, but the Supreme Court’s denial of of denial Court’s Supreme but the ing, recent blow to insider trading prosecutions. prosecutions. trading blow insider to recent nity leave as well as access to quality child care, care, child quality to access as well leave as nity he asked. markets?” the in why it’s get different frankly, violence, of gang awareness raising have stirred cases recent about press the to ments ranking State Department official who sparked sparked who official Department State ranking pany could pass a tip to a friend or family member member or family afriend to atip pass could pany public corruption context.” context.” corruption public and claim it was merely a gift. “Is that how you that “Is a gift. merely it was claim and ety so that we have paid maternity leave and pater leave and maternity we have paid that so ety controversy. He stressed that in other instances, instances, other in that He stressed controversy. academia. in speech free to campuses changing ruling meant the head of a major com of a major head the meant ruling changing The office. for his asetback v. US was in Newman cert get people to have confidence in the securities securities the in have confidence to people get the New America think tank and a former high- a former and tank think New America the to highlight the problem of caregiving. of caregiving. problem the highlight to “I don’t, welcome: are attorneys trict dis and of prosecutors voices the such as promoting education or education promoting as such role of the of York, New discussed District Southern lunchtime panel series for the NYU Law commu Law NYU for the series panel lunchtime ruption to caregiving to sexual assault on college on college assault sexual to caregiving to ruption cor public from ranging on topics nity, focused a Forum, Tweed Milbank weekly n 2015–16 the Anne-Marie Slaughter, president and CEO of CEO and president Slaughter, Anne-Marie Bharara has also made waves for waves made also has Bharara state frank Bharara’s realm, political the In for the attorney US Bharara, Preet October, Last Until we build an infrastructure of care in soci in of care infrastructure an we build Until Bharara Slaughter Atlantic - essay, “Why “Why essay, to the conditions that that conditions the to increasing attention attention increasing give rise to injustice injustice to rise give s

“We are inatime uzanne where there is and harm.”and ------

g “You are preparing yourself for a lifetime of profes for alifetime yourself “You preparing are oldberg Jonathan Haidt of NYU’s Stern School of Business, of Business, School Stern of NYU’s Haidt Jonathan Gina Rodriguez, and Michelle Tsai Michelle and Rodriguez, Gina I don’t think that it is a weakness to aspire to a to aspire to aweakness it is that I don’t think reinforcing the very problem we need to overcome.” to we need problem very the reinforcing this “As women. we see and men as long for both ics as a professional—that is, with the obligations obligations the with is, aprofessional—that as ics beast. academic of the nature the were views fering for account asking who are students modations, relation to other people who have sensitivities and and have who sensitivities people other to relation ability, seem weak,” she said. “And I resent that. that. “And I resent said. she weak,” seem ability, had how astudent Relating freedom. academic Professor For inequality. of type a different about care problem as a women’s issue,” she said, “we are are “we awomen’s as problem said, she issue,” care could argue, the Forum itself. itself. Forum the argue, could in yourself how conduct to learning and of civility risk the posed Haidt offensive, found she content debate passionate inspired speech on campus traumas that need to be respected.” Not unlike, one Not unlike, respected.” be to need that traumas top those with you deal that of side it is other the accom for those asking are who students make to threatened warnings of trigger proliferation the said Slaughter, caregiving will remain a challenge a challenge remain will caregiving Slaughter, said sional dealing with difficult topics,” he said, “but said, topics,” he difficult with dealing sional other.” each we don’t where hurt society for course administration the to him reported swiftly For University Professor Jeremy Waldron, dif Waldron, Jeremy Professor For University Several of this year’s Forum discussions focused focused discussions Forum year’s of this Several you’re accountable.” inclusive dialogue. “The attempt is is attempt “The dialogue. inclusive by creating a safe space for more space asafe creating by dent in the class feel unsafe? If so, If unsafe? feel class the in dent torically viewpoints marginalized his of encouraging importance the signal warnings content that tered starkly: “Did the most sensitive stu sensitive most the “Did starkly: Viviana Bonilla López ’17 coun López Bonilla Viviana “We are in a time where there there where atime in “We are Forum on how colleges should should on how colleges Forum Goldberg of Columbia Law of Columbia Goldberg is increasing attention to the the to attention increasing is increasingly issue ity, an injustice and harm.” and injustice prominent in the national national the in prominent assaults, Professor Suzanne sexual on-campus address on particular forms of inequal forms on particular conditions that give rise to rise give that conditions conversation. In a March a March In conversation. School described the context: context: the described School That same month, a Forum aForum month, same That n

Atticus Gannaway, Gannaway, Atticus ------

CHEN: RICK KOPSTEIN/NEW YORK LAW JOURNAL York Times York Yates’s speech. The audience for the for the audience The Yates’s speech. At the Latinos in the Law Lecture last March, Jenny Jenny March, last Lecture Law the in Latinos the At Department officials. Department policy new of Justice’s Department I largely avoided punishment. Yates acknowledged Yates acknowledged avoided punishment. largely contrib malfeasance whose leaders Quillian Yates outlined the reasoning behind the the behind reasoning the Yates outlined Quillian - pur to Department Justice for the past for its criminal prosecutions of large corpora of large prosecutions criminal for its past uted heavily to the 2008 financial financial 2008 the to heavily uted Strides Legal Latinos’ around the country and other high-ranking Justice Justice high-ranking other and country the around New New afront-page garnered crisis, of corporate wrongdoing. corporate of instances in liability on individual tions, individual culprits within companies have companies within culprits individual tions, speech included a number of US attorneys from from attorneys of US anumber included speech corporate of prosecutions more sue non-segregated environments. environments. non-segregated in don’t up those to match typically environments major is that aschool in learn cannot of color dents Rivera ’85, associate judge of the New York State Court York New Court of the judge State associate ’85, Rivera is that the opportunities available in segregated segregated in available opportunities the that is said, she point, The said. Rivera or Latino,” black ity last September, Deputy Attorney General Sally Sally General Attorney Deputy September, last Corporate Compliance and Enforcement (PCCE) (PCCE) Enforcement and Compliance Corporate n a major speech hosted by NYU Law’s Program on on Program Law’s NYU by hosted speech n amajor “That is not to say that Latino students or stu students Latino that say to not is “That Laying Down the Law While the DOJ has made headlines in the recent recent the in headlines made has DOJ the While The policy, which addresses calls calls addresses policy, which The story on the morning of morning on the story 25 percent African American. African percent 25 noted continuing challenges: The The challenges: continuing noted also She decades. spanning rights civil for Latino victories of court asampling highlighted of Appeals, student is 57 percent Latino and and Latino percent 57 is student K–12 average of the Latino school - incorrectly, that one’s that incorrectly, simply because it was because simply sally quillian yates committed on behalf “Americans should will go unpunished gounpunished will never believe, even even believe, never of a corporation.”of criminal activity activity criminal - - -

Yates’s policy memo, featuring a keynote by David David by akeynote Yates’s memo, featuring policy Joyce Branda, and Sung-Hee Suh; and an April April an and Suh; Sung-Hee and Joyce Branda, Romano, Virginia officials Department Justice Price of Admission Green, director of the UK’s Serious Fraud Office. Office. Fraud Serious UK’s of the director Green, ity for corporate misconduct in the aftermath of aftermath the in misconduct for corporate ity is often diffuse.” Nevertheless, Yates said, “The “The said, Yates Nevertheless, diffuse.” often is public expects and demands this accountability. accountability. this demands and expects public justice in organizations “where responsibility responsibility “where organizations in justice conference on corporate and individual liabil individual and corporate on conference compliance counsel; a roundtable in January with with January in aroundtable counsel; compliance the difficulty of bringing specific executives to executives specific of bringing difficulty the of theUS for District Court theEastern District In thisyear’s Korematsu Lecture, Judge Pamela Chen other minority communities.” race admissionshasresulted inschool inAPA students moral programs obligation tosupport that benefit those whobelieve theAPAthose that… community hasa they are overrepresented,” there are “Then Chen said. being denied admission to elite schools solely because because being deniedadmissiontoelite solely schools Americans should never believe, believe, never should Americans Department’s Criminal Division, Division, Criminal Department’s because it was committed on behalf on behalf committed it was because and Hui Chen, the Fraud Section’s Section’s Fraud the Chen, Hui and simply unpunished go will activity even incorrectly, that one’s criminal one’s criminal that incorrectly, even of the Fraud Section in the Justice Justice the in Section Fraud of the discus aNovember include events corporation.” a of sion with Andrew Weissmann, chief chief Weissmann, Andrew with sion over theissuewithinAsian sions andtheevolving debate admis consciousness inschool of New York focused onrace- P who believe that consideration of Other recent high-profile PCCE PCCE high-profile recent Other acific American (APA)acific American community. “At oneend,there are those

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S sion andprofit shifting. eroguidelines onbase much-anticipated final after issuingtheOECD’s onlya weeklast October International Taxation Tillinghast Lecture on deliv and Administration, C Development (OECD) Co-operation and forisation Economic director of theOrgan- Pascal Saint-Amans, Taxa Plan Man with information exchange. cooperation and international tax planfora landmark and architecture of backgroundhistorical useful insightintothe aint-Amans provided entre for Tax Policy ered theDavid R.

73 PROCEEDINGS 74 WWW.LAW.NYU.EDU /MAGAZINE individuals. ily low-level, low-risk crimes andare primar and/or quality-of-life arrested for nonviolent o proportionately people individualsarethose dis to go home:“Today, even pleadguilty simply a longer sentence, and be incarcerated, receive likelier tobefound guilty, Such defendants are postbail. who cannot facing criminalcharges focused onindividuals Judge Eric Washington C Brennan Lecture, DC At the22ndannual Fair Bail Making f color whohave been ourt of Appeals Chief of AppealsChief ourt ”

- - Service Service A Treasured Time Treasured Time A in Government Government in C counsel. For his service, he received the Alexander Alexander the he received service, For his counsel. spending more than five years at the US Department of of Department US the at five years than more spending Hamilton Award, the Treasury Department’s highest highest Department’s Treasury the Award, Hamilton after BlackRock joined Meade January. in Luncheon then as acting general counsel, and finally as general general as finally and counsel, general acting as then counsel, general deputy as principal first Treasury, the Kaplan and Dean Trevor Morrison Dean and Kaplan At theLaw AnnualFall AlumniAssociation Confer Thea Spyer, Ihadnever Igot met died.“When thecall, In Attorney DOMA Case, Repays aLong-Ago Kindness Windsor that overturned case the , thelandmark about her personal connection toUnitedabout herpersonal States v. ence lastNovember, Roberta Kaplan, at Paul, partner explaining that 18years earlier, after coming outtoher exemptionestate tax underDOMA after herspouse, only c W I was despondent—that so Icould me aboutherownlife withthis psychologist. was “[Thea] convinced that Defense of Marriage Act (DOMA)—the firstand Edie, butIknew exactly whoshewas,” Kaplan said, the onlyway shewould persuade me— family, shehadbecome apatient of Spyer, whowas a woman namedEdie Windsor.” have thelife Iwanted was totell eiss, Rifkind, Wharton & Garrison, spoke &Garrison, candidly eiss, Rifkind, Wharton The plaintiff, Edith Windsor, hadbeendeniedan senior managing director at BlackRock, was the the was BlackRock, at director managing senior honoree at this year’s Law Alumni Association Association Alumni Law year’s this at honoree hristopher Meade ’96, general counsel and a a and counsel ’96, Meade general hristopher ase shehasarguedase before theSupreme Court.

- “I feel such loyalty to the people I worked with.” with.” Iworked people the to loyalty such “I feel “a magical time” in his life. his in time” “a magical confessed. But during his time at WilmerHale, he WilmerHale, at time his during But confessed. and the Affordable Care Act. He praised Trea He praised Act. Care Affordable the and presidency. As Obama’s Barack into ayear about worked with a host of mentors who had served in in served whohad of mentors a host worked with diverse as the debt limit, financial reform, housing housing reform, financial limit, debt the as diverse government and who talked about their time in in time their about talked who and government general counsel, Meade dealt with matters as as matters with dealt Meade counsel, general public service in glowing terms. “These individuals individuals “These terms. glowing in service public policy, foreign investments, sanctions, tax policy, tax sanctions, investments, policy, foreign sury’s strong collegial culture, under both Secre both under culture, collegial strong sury’s tary Timothy Geithner and Secretary Jack Lew: Jack Lew: Secretary and Geithner Timothy tary about unfair taxation. “Every intheirgut American arguments, Kaplan “Itwas said, I’ll theclosest ever get tobeingMick Jagger.” she received after walking outof the thecourt inspired me,” Meade said. me,” said. Meade inspired noting that theUnited States was founded onafight ruled 5–4 infavor of Windsor. Recalling theresponse to approach arguments. Incrafting herstrategy, she focused Windsor. onwhat would herclient, bestserve would get what itmeanstohave topay anunfair tax.” and argued four cases before the US Supreme Court. Supreme US the before cases four argued and as hedescribed which years, Treasury his about vate sectors. Following law school, Meade clerked clerked Meade law school, Following sectors. vate service actually didn’t have an allure,” Meade allure,” have an didn’t actually service of the Stevens Paul John for Justice then sor—and profes adjunct Law NYU Circuit—an DC for the of Appeals Court US of the Edwards for Harry Judge Pickering Hale and Dorr, where he became a partner apartner he became where Dorr, and Hale Pickering Cutler Wilmer law firm the joining before Fellow the ACLU Immigrants’ Rights Project as a Skadden a Skadden as Project Rights ACLU Immigrants’ the US Supreme Court. Meade subsequently worked at at worked subsequently Meade Court. Supreme US - pri and public the both in career impressive an had reminisced Meade luncheon, the at honor. Speaking She contended withconflicting advice onhow Ultimately, Kaplan’s strategy worked: thecourt Kaplan believed was that thecase winnable, Meade joined the Department of the Treasury Treasury of the Department the joined Meade “When I finished my clerkships, government government my clerkships, Ifinished “When NYU Law’s first Sinsheimer Scholar, Meade has has Meade Scholar, Sinsheimer Law’s first NYU

n - - -

T Vice Dean Jeannie Forrest. Jeannie Dean Vice - presi Landesman, Rocco and Theaters; Jujamcyn Business valued and that people care about them.” about care people that and valued where, from the top down, people feel that they’re they’re that feel people down, top the from where, Deavere Smith. Playing off their long rela long their off Playing Smith. Deavere a has theatergoer that when “Because said. Roth of president Roth, Group (USHG); Jordan Hospitality for concepts students. leadership to illustrate powerful campus to vanguard the of members brings Mindset Law’s Leadership NYU What It Takes to Lead in turn boosts customer and investor satisfaction. satisfaction. investor and customer boosts turn in that cycle,” since a“virtuous creates he said, ness, it, “I don’t know any business that isn’t a hospitality isn’t ahospitality that business any “Idon’tit, know the Table: The Transforming Power of Hospitality in Hospitality of Power Transforming Table:the The problem with their ticket, I’m not there, Rocco’s not I’m there, not ticket, their with problem of leaders,” acompany creating we are is pyramid business.” Just as theaters and restaurants need to to need restaurants and theaters as Just business.” between leadership and storytelling with with storytelling and leadership between usher who is there is the leader of our company at at company of our leader the is there is who usher incorporating from benefit can styles leadership ual an esprit de corps. “Creating a loving experience experience a loving “Creating de corps. esprit an love. concept: unlikely an quotient”—is key for lawyers as well. As Roth put Roth As well. as for key lawyers quotient”—is par conversation’s the yet crucial, is er’s experience it— called voice,” Roth “authentic as convey—its employee happi Prioritizing employee satisfaction. emphasizes that hospitality” of “enlightened culture how individ discussed of Jujamcyn, emeritus dent leaders. successful featuring conversations two hosted concepts, leadership inclusive and ethical create positive experiences, lawyers need to make make to need lawyers experiences, positive create tionship, the two explored the connection connection the explored two the tionship, Anna Professor University and School, Law of the tus emotional these having that maintained ticipants The there. be not may manager house the and there, leadership the of inverting result “The tomers. cus with effectively more interact also can they to wants acompany that experience the and ture that moment for our customer.” for our moment that Sexton, president emeritus of NYU and dean emeri dean and of NYU emeritus president Sexton, “hospitality aperson’s calls Meyer skills—which organization an having home with at right starts sure clients feel that they are “on their side.” “on their are they that feel clients sure As employees internalize a positive work cul a positive internalize employees As A second conversation in March featured John John featured March in conversation A second Landesman agreed with the need for fostering for fostering need the with agreed Landesman In his 2006 memoir and business guide, Setting guide, business and memoir 2006 his In In January, Danny Meyer, CEO of Union Square Meyer, Square of Union CEO Danny January, In I n theater and dining, caring about the custom the about caring dining, and n theater his year, the Law School’s Leadership Mindset, Mindset, School’s Leadership Law the year, his mentor relationships, and other exposures to to exposures other and relationships, mentor a signature initiative that encompasses inten encompasses that initiative a signature sive specialized training, programs, events, , Meyer advocated developing a workplace a workplace developing advocated , Meyer - photos photos online ------

you’re in the position where you’re saying to people, people, to you’re where saying position you’re the in your know to good and well very you Itrust should you to? led Why has journey your with you worthwhile.” you with know whether I believe it yet, but I now have come Inow but have come it yet, Ibelieve whether know for talk reputation long-standing recalling the effectiveness of Sex of effectiveness the recalling ing big, recalled how, as both a new dean and a new anew and dean anew how, both as recalled big, ing forward when you’re hanging out your shingle?” Smith Smith shingle?” out your you’re when hanging forward narrative, but you have to observe but you observe have to narrative, that’s something learned really p a minute, I’m beginning to get his story. And Idon’t And story. his get to I’m beginning a minute, say, who would group ‘Wait “a small was there added, that truth the is “What room. the in lawyers the asked one’s own story is not enough. “It’s enough. not is one’s story own you’ve Because my director? or be going to make this engagement engagement this make to going to the point where I know he believes it.’ And so now so it.’ And he believes Iknow where point the to NYU. to her bring to ton’s argument said, Smith along,” them bring to order in else of someone desire the my actor, be my lawyer—or be to

resident, he had encountered skepticism. But, he But, skepticism. encountered he had resident, Smith Landesman “What is your narrative, and how can you bring that that you bring how can and narrative, your is “What For a leader, however, knowing For a leader, however, knowing Sexton, acknowledging his his acknowledging Sexton, ‘Come along with me, but I’m giving it my life.’ I’m but me, giving with along ‘Come you have.” have.” you blended with the professional mission that that mission professional the with blended So your narrative of who you are becomes becomes of you who are narrative your So

Gina Rodriguez Roth - -

who are at the center who center are the at “We lawyers produce who love their craft, who craft, love their of the conversation, jeannie forrest Sexton and who make who make and a difference in a difference the world.” the Meyer

75 PROCEEDINGS 76 WWW.LAW.NYU.EDU /MAGAZINE “We hadanincredible The Deans’ Cup, the Proceeds But Net Nothing Nothing April. After intense

Cristina Stiller ’17 Columbia’s Morningside Columbia Law, drew Deans’ Cup co-chair Heights campus in in Heights campus to raiseeven more turnout thisyear, which is especially awesome is especially interest work.” means we were able news that because provided perspective: prevailed 75–71, itsfifth f a spirited crowd to annual basketball game win inthe15-year series. between NYULaw and competition, Columbia unding towards public

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I Housing Policy Housing ’71, the Furman Center, which conducts conducts Center, which Furman the ’71, years, the center’s research has expanded expanded has research center’s the years, Donovan, director of the Office of Man of Office of the director Donovan, people’sand lives. improve to housing— need they data nonpartisan with the policymakers arms Urban 20, at strong and Policy, going for Real Estate Center Furman The NYU Homing in on Better ing and Neighborhoods has become required reading for policy wonks. Each Each wonks. for policy reading required become has neigh and regulation, use land housing, holders across geographies and politi and geographies across holders City Department of Housing Preserva of Housing Department City research in the broad categories of hous categories broad the in research focus, gentrification, was the subject of a panel at panel of a subject the was gentrification, focus, year’s This issue. policy aspecific at looks report boroughs. five the beyond far aca government, in positions important occupy now members staff and fellows, assistants, research former 300 nearly beyond well conversations policy inform Center, illustrating Furman the at fellow the about more (Read 2014. to 2009 from ing finance and foreclosures, affordable affordable and foreclosures, finance ing plinary training ground for future lead for future ground training plinary primarily to New York New to City. In more primarily recent borhood change, at first limited its scope scope its limited first at change, borhood attendance at the anniversary celebra anniversary the at attendance secre US who was Budget, and agement current commissioner of the New York New the of commissioner current and Center Furman of the co-director faculty former ’83, Been Vicki on Leave in Also sector. private the and demia, policy. urban and housing in ers a research worked as had Donovan career, his in 91.) Earlier on page celebration spectrums. cal stake policy for public resource data invaluable it an made has of work that tion and Development. Development. and tion of Law Professor Family Boxer was tion center’s of the Many there. time their amultidisci as importance center’s the Shaun was celebration anniversary the tary of housing and urban development development urban and of housing tary Public Service, celebrated 20 years years 20 celebrated Service, Public n April, t n April, and the Robert F. Wagner Graduate School of F. School Graduate Robert Wagner the and School Law of the center Policy, ajoint Urban and Among those toasting the center at at center the toasting those Among State of New York New of City’s State Hous annual center’s The Furman Center researchers help researchers Center Furman Endowed by the late Jay Furman Jay Furman late the by Endowed he NYU Furman Center for Real Estate Estate for Real Center Furman he NYU report, first published in 2001, 2001, in published first report, ------n n n Rent Average greenpoint williamsburg/ stuyvesant and bedford- in tract by census rent average n Greater than $1,250 than Greater $1,001–$1,250 $751–$1,000 $750 than Less -

2010–14 MacArthur Foundation in 2012. “People have come have come “People 2012. in Foundation MacArthur know that we’re asking the right kinds of questions.” of questions.” kinds right the we’re asking that know by Executive Director Jessica Yager ’03 Fac Jessica and Director Executive by ulty Director Ingrid Gould Ellen, moderator Laura Laura moderator Ellen, Gould Ingrid Director ulty the report’s launch event in May. After greetings greetings May. in event After launch report’s the to rely on us,” said Been at the time, “because they they “because time, the at Been on us,” rely to said T. Catherine D. and John the from Institutions tive n

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Housing Landscape MacArthur Award for Creative and Effec and for Award Creative MacArthur Kusisto, the Wall Journal the Street Kusisto, Evidence that New Yorkers feel strongly Yorkers New strongly feel that Evidence Housing Policy, made possible by Ron by possible Policy, made Housing housing reporter, led a discussion that that adiscussion led reporter, housing lyzing potential reform of Fannie Mae Mae of Fannie reform potential lyzing don’t rents rising that sure make to harder City Council; Katherine O’Regan, HUD’s HUD’s O’Regan, Katherine Council; City York New of the Lander Brad Corporation; Restoration Stuyvesant Bedford of CEO ing to debunk common fears about fears common debunk to ing rental affordability trends in the US’sthe in trends affordability rental ment and research; and Deborah Wright, Wright, Deborah and research; and ment and president Grannum, Colvin included national conferences on foreclosed prop foreclosed on conferences national applause. resounding proofing multifamily housing in Super in housing multifamily proofing a senior fellow at the Ford Foundation. Ford Foundation. the at fellow a senior develop for policy secretary assistant and to address the challenges of storm- challenges the address to and publication, Another Mac. Freddie and ana areport released ’82, Moelis ald - impor yielded policy housing of federal transformation potential the and erties with met words people,” his displace National Affordable Rental Rental Affordable National yearly the academics among conversations tant subsidized housing’s spillover effects effects spillover housing’s subsidized storm Sandy’s aftermath. aftermath. Sandy’s storm seem grateful. Exhibit A: a $1 million amillion $1 A: Exhibit grateful. seem - Fur The areas. metropolitan largest 11 more than faceless economics, work economics, faceless than more far encompasses research Center’s man find; when Lander said, “We work should said, Lander when find; newly launched Institute for Affordable for Affordable Institute launched newly and policymakers. In 2010, center’s In the policymakers. and about housing issues wasn’t difficult to difficult wasn’t issues housing about The beneficiaries of that research research of that beneficiaries The In 2008 and 2009, the center’s major major center’s the 2009, and 2008 In report, examines examines report,

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Analytics &Human Rights,”Analytics Professor Latanya Prejudicial Predictions a system “threatens thenotionthata systemwe should “threatens and detention, thoughforecasts from nowarise Sweeney University of Harvard explained how conference “Tyranny of theAlgorithm? Predictive modelsinsteaddata of “pre-cogs.” During the concerns intoday’s arise predictive policing In thefilmMinority Report, police prevent crime Elec incorporatemodels can biasthrough stereotyp Robert Bernstein L. Institute for Human Rights ing. Jennifer Lynch, attorney staff senior at the by identifying preemptively. suspects Similar be allowed to choose ourowndestinies.”be allowed tochoose Wendy Siegel, Director, Office of Career Services, (212) 998-6096, [email protected]. To discuss how we can assist you, contact: tronic Frontier Foundation, argued that such orchestrate orchestrate your next next your search. Let us

- Sin of Racial Omission Education colored children.” Ifill suggested a missing narrative. narrative. missing a suggested Ifill children.” colored Brown v. Brown of Board revisited Fund, Educational and wrote about segregation’s “detrimental effect upon the the upon effect “detrimental segregation’s about wrote what would happen to white children if we failed to to we failed if children white to happen would what not only what would happen to black children, but children, black to happen would what only not on Race in Society. In the Brown the In Society. in on Race reckon with segregation.” segregation.” with reckon said Ifill, “I believe we must reckon with the real the with reckon we believe must “I Ifill, said of some in inhumanity and violence and ference the videos that we have seen over the last year,” last over the we have seen that videos the ity that the record in Brown in record the that ity Sherrilyn Ifill ’87, head of the NAACP Legal Defense Defense Legal ’87, the NAACP of head Ifill Sherrilyn “As we watch these astonishing displays of indif displays astonishing “As these we watch Post a job withus Post a any time, free of charge. candidates, you willalso help NYU Law studentsand graduates. Not only willyou find exceptional tinyurl.com/csm-employers Enter ajobdirectly into our database: last November in the Derrick Bell Lecture Lecture Bell Derrick the in November last predicted with clarity clarity with predicted opinion, the court court the opinion, - -

S we in theUnited“That children’s humanrights. t foreign peersinpro- their international and lagfarcourts behind that American October Madison Lecture last Hague argued inthe Claims Tribunal at The of the Iran-United States Judge Rosemary Barkett Last Children and Women mented,” shesaid. docu- continually hasbeen outside of it, or a domesticsetting violence, whetherin to vic adequately respond of arbitrarily failing to ecting women’secting and tates have ahistory tims of gender

77 PROCEEDINGS 78 WWW.LAW.NYU.EDU /MAGAZINE “I donotthinktheUnited Treasury asthefont of Proactivity 16th annualNYU/KPMG your practices.” Tax Tax States andbusiness tax Congress oreven theUS Lecture onCurrent Robert B.Stack, deputy Department’s Office Issues inTaxation, In hiskeynote at the the global agenda-setting the globalagenda-setting in theUS Treasury international affairs tax it’s enoughanymore to in tax, think andIdon’t international policy: tax practitioners totake assistant secretary for secretary assistant a more active role in affects your lives and international that tax all simply lookat theUS of Tax Policy, urged sufficiently engagedin communities are

Uber ComplicatedUber Intelligence Intelligence Balanced Balanced April, former US representatives Jane Harman and and Harman Jane representatives US former April, I countries. Now Uber, Lyft, and the like are embroiled embroiled are like the and Lyft, Now Uber, countries. A exponen grown has Uber founding, its Since ees? Are have raised: cohort its and Uber that question must be accountable for our actions. And we under And actions. for our accountable be must of embrace agency’s the affirmed CIA, of the director security?” national our with forward going economy digital the “How do we is align he said, question, spot case Apple-FBI recent the that of encryption surveil arobust “We need US. the facing threats rity - secu of current adiscussion with event the opened tially, spreading from San Francisco to more than 60 60 than more to Francisco San from spreading tially, employ or contractors independent drivers these in more than 40 lawsuits nationwide. nationwide. lawsuits 40 than more in stand that such oversight is both right and wise.” wise.” and right both is oversight such that stand for that “We work: know organization’s of the secrecy inherent the acknowledging while oversight strong Permanent Select Committee on Intelligence, on Intelligence, Committee Select Permanent the sake and security of our democratic society, we society, democratic of our security and sake the issue the On Harman. public,” said American the House on the of whom served both Rogers, Mike lit, Rogers asserted the choice is not either-or. The The either-or. not is choice the asserted Rogers lit, by buy-in has of which framework the system, lance Cohen Matthew Daus Matthew Cohen demics and practitioners addressed a central legal legal acentral addressed practitioners and demics Economy,’- ‘Share of aca of the group expert ” an Implications Alles? November, “Uber last n apanel In the day’s second keynote, David Cohen, deputy deputy Cohen, David keynote, day’s second the In Approaches to Oversight and Security” in in Security” and Oversight to Approaches sium “Governing Intelligence: Transnational Transnational Intelligence: sium “Governing t the Center on Law and Security’s sympo Security’s and on Law Center t the Estreicher Samuel Rachel Bien n

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“Who else will? In the other two branches of govern branches two other the In will? else “Who abide by,”abide said. Bien really not going to be able to ensure that their cus their that ensure to able be to going not really “They’re control. employer-like an exert to needs Uber customers, keep to time, same the At expenses. for work-related drivers its reimbursing and efits & Collective Action Group, explained how, call by Group, explained Action & Collective some rules that they will require their drivers to drivers their require will they that rules some tomers have a good experience unless they have they unless experience have agood tomers ben avoids providing Uber schedules, own their ing its drivers independent contractors who set set who contractors independent drivers its ing I Law: Access to Civil Justice in America Justice Civil to Access Law: as they should. And often the poor and the cause cause the and poor the often And should. they as with his push to expand access to civil justice. He justice. civil to access expand to push his with of justice, sadly, don’t have powerful voices to get get to voices sadly, don’t have powerful of justice, constituents, to listen hold who office those ment, provided aid legal to devoted $1 which in issue nomic eco an as problem the how, framing by explained states other in judiciaries inspired judge, chief mer of Law Professor D. Opperman Dwight by edited unable to afford legal representation. legal afford to unable for All Civil Justice took a similar tack in his state, and asserted the the asserted and state, his in tack asimilar took $10 in savings, he brought policymakers on board. policymakers he brought savings, $10 in legislative attention.” attention.” legislative judiciary is uniquely positioned to press the issue. issue. the press to positioned uniquely is judiciary of Americans plight the discuss to convened judges Samuel Estreicher. Academic experts, attorneys, and and attorneys, experts, Academic Estreicher. Samuel Hecht a two-day conference springing from Beyond Elite from springing conference a two-day n April, NYU Law’s Institute of Judicial Admin- of Judicial Law’s Institute NYU n April, istration and Center on Civil Justice co-sponsored co-sponsored Justice on Civil Center and istration Rachel Bien, co-chair of Outten & Golden’s Class & Golden’s Class of Outten co-chair Bien, Rachel Jonathan Lippman ’68, York New for Lippman State’s Jonathan Texas Supreme Court Chief Justice Nathan Hecht Hecht Nathan Justice Chief Court Supreme Texas Evan Spelfogel Evan n n Lippman Katrina Wyman Katrina , a book co- , a book ------

Judge Betty Staton’79 speaksatthe annualSpring Dinnerofthe Black, Latino,Law AsianPacific American Alumni Association, 95

NYU President Emeritus John Sexton, former dean of the Law School, is honored at the Weinfeld Gala the at honored is School, Law the of dean former Sexton, John Emeritus President NYU 80 91

82 Vanita Gupta ’01 and Francis Daniels LLM ’86, ’87 address the class of 2016 of class the address ’87 ’86, LLM Daniels Francis and ’01 Vanita Gupta

Relevant Parties NYU Law’s tax programs celebrate anniversaries celebrate programs Law’s tax NYU

Family album hooding now renamed the Alumni Association. Law ofColor

88 ……

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Reunion 2016 79 RELEVANT PARTIES 80 WWW.LAW.NYU.EDU /MAGAZINE Gupta Africa Opportunity Partners, who addressed the the addressed who Partners, Opportunity Africa you has a valuable skill: the ability to bring people people bring to ability the skill: avaluable you has Learned Hand: “The spirit of liberty is the spirit spirit the is of liberty spirit “The Hand: Learned ceremony. JSD and LLM ceremony; JD morning the at spoke who Division, G ’87. LLM ’86, Daniels Francis and Vanita from hear ’01 Gupta JSD students and LLM, JD, graduating At Convocation, Leading with Courage los said, whether they are representing US interests interests US representing are they whether said, los Rights Civil of Justice’s Department of the head nity came together for her, reminding fellow graduates graduates fellow for her, reminding together came nity ’01, Gupta Vanita Morrison; Trevor Dean including before international organizations, working to close close to working organizations, international before and Francis Daniels LLM ’86, ’87, of LLM co-founder Daniels Francis and critically and to engage deeply with ideas is, unfor is, ideas with deeply engage to and critically offering graduating students the advice of Judge advice the students graduating offering concept as they embark on their careers, Stasinopou careers, on their embark they as concept of each that remember And learning. is questioning the wage gap, or making a difference in other ways. other in adifference or making gap, wage the right.” it is sure too not is that said, today,” supply short Morrison rather in tunately, together toward shared goals.” shared toward together shared her experience of how the NYU Law commu Law NYU of how the experience her shared son said. “Don’t become stagnant. Remember that that Remember stagnant. “Don’t become said. son photos photos online “The ability, or at least the willingness, to think think to willingness, the least or at ability, “The “Never rest on your intellectual laurels,” Morri laurels,” intellectual on your “Never rest The JD class speaker, Georgia Stasinopoulos ’16, Stasinopoulos Georgia speaker, class JD The

raduating students and their families families their and students raduating and to hear from a variety of speakers, of speakers, avariety from hear to and to celebrate NYU Law’s 2016 Convocation 2016 Law’s Convocation NYU celebrate to 19 on May Theatre Beacon the at gathered is “#SmartWithHeart.” The members members The “#SmartWithHeart.” is of the Class of 2016 fully embody this this embody of 2016 fully Class of the Law, said, she NYU peers. its out from stand School Law the makes of what - - - - “All of you made it possible for graduate.” meto “All it possible of you made ’16 and Maximilian Viski-Hanka LLM ’16 LLM each Viski-Hanka ’16 Maximilian and Africa Opportunity Partners and manager of its sub of its manager and Partners Opportunity Africa JSD students, including 26 new Weinfeld Fellows, Weinfeld Fellows, new 26 including students, JSD Law School. School. Law lawyers can use their skills to help build a better abetter help to build skills their use can lawyers stu and administrators, professors, Law how NYU her degree program, likened the yearlong LLM expe LLM yearlong the likened program, degree her those close to power have the will they lawyers, laws guarantee, on the one hand, and what people people what and one hand, on the guarantee, laws ica today, we see a dramatic gap between what our our what between gap adramatic today,ica we see can battling after graduation before few months means,” #SmartWithHeart what firsthand rienced itous and meandering. They give an arc, purpose, purpose, arc, an give They meandering. and itous circu routes by be may of them afraction izing Real of graduation. time this at or dreams missions we had, experiences the to grew, added networked, “We said: she flourish, to about similarly were mates Chinese anew which during period the to rience as that, students graduating She the told rights. presented the Class of 2016 Gift at their respective respective their at of 2016 Gift Class the presented profession this change you will Iknow passion, com and kindness with you act if and purpose, being laid off from his first job after law school—had school—had law after job first his from off laid being a in until, nurturing diligent needs plant bamboo and now we’re ready to break through the ground.” the through break now to we’re ready and and passion to your career.” your to passion and To graduating he said. instructive,” all, above and, better.” for the country our and dents all rallied to support her in her time of need: of need: time her in her support to rallied all dents experience, on the other,” Gupta said, noting par noting other,” said, on the Gupta experience, recalled Stasinopoulos loss, this with cer. Faced came together to give more than $115,000 to the the to $115,000 than more give to together came and 170 LLM, JD, than more year, This ceremonies. to education, interactions with the police, and LGBT LGBT and police, the with interactions education, to access rights, voting in exist that gaps the ticularly that growth might mean. Now the co-founder of co-founder Now the mean. might growth that you work if with courage, with you lead “If gaps. society. “In too many communities across Amer across communities many too “In society. away a passed mother whose Stasinopoulos, said students, he added, “Never forget your inchoate inchoate your “Never forget headded, students, ahobby. as investing start to decision his spurred setback— early an on how he reflected Africa, South in Chambers Research Investment Anibok sidiary Her class tall. feet up 90 to it shoots period, six-week “Errors and losses are humbling, humanizing, humanizing, humbling, are losses and “Errors Evangelia Andronikou LLM ’16, the speaker for ’16, speaker LLM the Andronikou Evangelia In her keynote address, Gupta focused on how focused Gupta address, keynote her In “Iexpe personal. more even For was idea her, the Before the hooding commenced, Isabela Garcez Garcez Isabela commenced, hooding the Before what suggested ’86, ’87 LLM Daniels Francis

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Judicial Court. Supreme Massachusetts justiceas chief of the the first serve woman to and Margaret Marshall, for nearlythree decades; Congressional District man from Georgia’s Fifth asacongresshas served a civilrightsleaderwho pathogens; John Lewis, the virulence of bacterial antibiotic resistance and the pathways governing who madediscoveries in ologist andbiochemist Charpentier, amicrobi- Emmanuelle Billy Crystal; comedian andactor degrees honorary to presented Hamilton also to Serve to eceived anhonorary t Cleary GottliebSteent Cleary arren Walker, president President Andrew eins at Ford. uestion “How will uestion “Howwill

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81 RELEVANT PARTIES 82 WWW.LAW.NYU.EDU /MAGAZINE Austin Wilkins ’16withhiswife, his father, NeilKaufman ’84 Andrew Kaufman with Jessica Wilkins ’16

cousin Lauren Katz ’13 Daniel Rudofsky withhis his father, CarlosPérez-Chow LLM’78 Gerardo Pérez-Chow with Martínez

Allan WeinbergAllan LLM’87 Geoffrey Weinberg withhis father, father, Paul Hanau ’85 Adam Hanau withhis Sarah Molinoff ’15 Scott Rosenthal withhiswife, Jacob Rae withhisfather, James Paterson Rae ’74

retouch retouch tk retouch retouch tk Fml Tradition Family Michael Zoltan withhiswife, The Class of 2016 Sara Dayan ’14

Michael Mayhall LLM’80 Alexander Mayhall withhisfather, mother, Margery Weinstein ’84 Rebecca Weinstein withher Michael Furst LLM’82 Miriam Furst withherfather, Elizabeth DeGori’14 Jeffrey Smithwithhispartner, Todd Wang Hongtao LLM’02 Weicheng Wang withhisfather, Ian Hoggwithhismother, Cathy Senzel Hogg’83

83 RELEVANT PARTIES 84 WWW.LAW.NYU.EDU /MAGAZINE Reflections Alaska Supreme Court Clerk, Justice Joel Bolger of the EMMA TROTTER able to about learn China’s of rule law expanding I chose to study abroad where Shanghai, in Iwas and also its capitalist growing also economy.and Ithink “As astudent interested law in business, and that experiencethat extremely be will important ASSOCIATE, STROOCK & STROOCK &LAVAN &STROOCK STROOCK ASSOCIATE, going forward my in career.” D. K. SMITH D. K. Slate, Meagher &Flom Associate, Skadden, Arps, CRISTINA VASILE was at the Supreme Court later later Supreme Court the at was “I took the LGBT Rights Clinic Clinic Rights LGBT the “I took was working on filing briefs briefs on filing working was marriage equality case that that case equality marriage It was a really exciting time time exciting areally It was as a 2L, and through that, I that, through and a2L, as Obergefell v. Obergefell in Hodges interned at Lambda Legal. Legal. Lambda at interned because the organization organization the because Clerk, US Court of Appeals Appeals of Court US Clerk, for the 10th Circuit 10th for the that summer.” that < ALOK NADIG , the , the Legal Trainee, of District Frankfurt Court SELINA GRÜN “For my summer, 1L Iworked with Tunisia in community apost-conflict in state,and I got are going and what they are proud to have done. Members of the Class of 2016 standards and the role the and standards of international the to work some with of most the well-known an organization Internationalan called Idea. I researched international rights human constitutional experts in that area.” that constitutional in experts CENTER FORCENTER REPRODUCTIVE RIGHTS Associate, Shipman&Goodwin GLOBAL LEGAL FELLOW, JESSICA BOULET RADHIKA TAHILIANI

US Court ofUS Appeals for Court theDCCircuit Clerk, Judge Edwards Harry of the STEVE MARCUS incredible faculty mentors who mentors faculty incredible knowing how to read and write write and how toread knowing Academic Scholars Program as as Program Scholars Academic

and think like a legal scholar. alegal like think and pieces of academic writing of writing of academic pieces a historian and I’m leaving it I’m and leaving a historian have me develop helped two In the process, I’ve gained I’ve gained process, the In Clerk, Judge Jesse Furman of the the of Furman Jesse Judge Clerk, “I came into the Furman Furman the into “I came which I am very proud.” very Iam which Southern District of New York New of District Southern < US District Court for the for the Court District US KRISTEN LOVELAND share where they they where share

Fellow, Policing Project ACLU of Michigan West Michigan Legal Fellow, JUAN CABALLERO NONNY ONYEKWELI

85 RELEVANT PARTIES 86 WWW.LAW.NYU.EDU /MAGAZINE Scholars and Donors and Scholars Kathryn Chenault Scholar),Nicole Kramer (William Randolph HearstScholar),andAshley Ferguson (Clifford Chance Scholar) D. Grad Memorial Scholar),Korey SimingtonBrittany (John Fay Inglin(The Zarin/Shirley Rosenfeld Scholar),IanDummett (Kenneth & Marley Foundation withintheAnBrycewith scholarships of Program:ScholarinMemory Christopher Quackenbush Monica Heinze ’82), (Jacob Anthony Welters ’77, chairmanof theLaw School’s Board of Trustees, andhiswife, Beatrice Ambassador Wilkinson Welters, hoodedgraduates hooded by Professor Gerald Rosenfeld Susan Smelcer,Susan Alex Lipton, andJack were Millman hooded by theHonorable Jesse Furman (AnBryce Program) Korey Inglinwas Richard Posen L. ScholarEmily New Fay Zarin/Shirley Rosenfeld Scholar Furman Academic Scholars Wen Xue, Steven Marcus, Kristen Loveland, NabilAnsari, was hoodedby Warner Posen The Class of 2016

hooded by Trustee Kenneth Raisler ’76 (Root-Tilden-Kern Program) AkivaFishman was &CromwellSullivan Public Interest Scholar Memory ofMemory ChristopherQuackenbush ’82 (AnBryce Program) Monica Heinze was Jacob Marley Foundation Scholar in hooded by Dr. GailQuackenbush

Babak Ghafarzade were hoodedby Fran Amirsaleh Scholars AmenehBordi H.Amirsaleh and A.

was hoodedby Matthew Fishbein ’79 Mario Lanier DiNatale ScholarZachary was hoodedby Lois Weinroth L. ScholarD. Heftler Thomas E. K.Smith by M.CarrFerguson LLM’60 Tax Law Tyson Willis was hooded M. CarrFerguson Scholarin

(AnBryce Program) Simington Brittany Hanna Zemichael, andValeria Vegh Weis were hoodedby Professor Gráinne deBúrca (notpictured: Lucia OchoaBecerra andChristianWinkler) GlobalLawHauser ScholarsValentina EscalanteGiraldo, Amy Armstrong, Niazi,Paul Muhammad Abdullah Hassan Dermine, Joseph Elks, Ira Nordlicht ’72 andProfessor HelenScott in Law andBusiness)James Salem was hoodedby Leadership Program Nordlicht Family Scholar(Jacobson James Salem, Sara Spanbock, Alex Lipton, andDanhua Ma were hoodedby Professors HelenScott andGerald Rosenfeld Jacobson Leadership Program inLaw andBusinessScholarsMonica Smith,Becki Steinberg, Laura Brayton, Jacqueline Marino, Jay Thornton, Norman Ostrow Memorial Scholar was hoodedby Dr. Joyce Lowinson Christopher Murray was hooded John D. Grad Memorial Scholar by Roland G.Riopelle

Warren J.Sinsheimer LLM’57 Anne Carney was hoodedby Sinsheimer Scholar Service by Professor AlinaDas ’05 Alicia Nieves andFrances Dávila were hooded Latino Institute for Human Rights Scholars

hooded by Janet Dewart Bell Aimee CarlisleandFrances Dávila were ScholarsforDerrick Bell Public (LACA) Service hooded by Pickholz Marvin ’66, LLM’68 Pickholz Family Scholar Emily was Ellis Ashley Ferguson was hoodedby Evan Cohen Clifford Chance Scholar(AnBryce Program)

87 RELEVANT PARTIES 88 WWW.LAW.NYU.EDU /MAGAZINE Ellen ConleyEllen withScholarsEvan Lopez Shepherd ’17andClaudia Carvajal ’18 Honorable CharlesSwinger Conley ScholarshipwithintheAnBryce Program: Dean Trevor Morrison Susan PosenSusan andWarner Posen Richard Posen L. Scholarship: with ScholarAdam Winer ’18 Frances Moelis Fellowship inReal Estate Law: Furman Academic ScholarRiane Harper’17 Scholarship Reception Student Speaker:

Ron Moelis ’82 andKerry Sperlingwith Scholars Michelle MusielewiczScholars Michelle ’18, Monica Heinze ’16, andGetzel Berger ’17 the AnBryce Program: Dr. GailQuackenbush, Dylan Melisaratos, andDiana Holdenwith Jacob Marley Foundation of ScholarshipinMemory ChristopherQuackenbush ’82 within Scholar Brad Greenburg ’17

with ScholarVirginia Dawson Kirkland ’18 Cora Michael andJohn Luhtala ’68 Judge M.BlaneMichael Scholarship: Reception, students get a chance to mingle and meet get achance to mingle meet and students Reception, Our Students Our Law School’s mission. At the annual Scholarship annual At Scholarship mission. the School’s Law Supporting Supporting with the scholarship donors who are making who donors scholarship with the financial aid they need is at the heart of the the of heart the is at need financial they aid Ensuring that NYU Law students get the get the students Law Ensuring NYU that some form of institutional support. formsome of institutional support. Institutional support was givenInstitutional support to of theJDClassof 2018received MORE THAN MORE MORE THAN THAN MORE $18 MILLION In the2015–16 year, academic 50 PERCENT 50 42 PERCENT the Law Schoolawarded to JDandLLMstudents. their journeys possible. of all JD students. JDstudents. of all

Scholar Jordan Proctor ’17 Eric M.Roth ’77andLaurie B.Roth with Eric M.andLaurie B.Roth Scholarship: Alex Lipton ’16, Alexandra ’17, Bursak andNicholasKrafft ’18 Kristen ’16, Loveland ’17, ’16, Millman Ann Jaworski Harper Jack ’17,Riane The Honorable Jesse Furman andDeanTrevor Morrison withScholars Furman Academic Scholarship;Furman Public Policy Scholarship: Derrick Bell ScholarshipforDerrick Bell Scholar Frances Dávila ’16 Public (LACA): Service Janet Dewart Bell with Janet with Dewart Bell AnBryce Jeannie Scholars: Forrest, ThelmaDuggin, Trevor Morrison, andRichard Revesz withtheAnBryce Scholars

with ScholarVictoria Yee ’18 Warren Sinsheimer andFloSinsheimer LLM’57 Sinsheimer Public Scholarship: Service

and Tyler Walton ’18 Karen Freedman ’80withScholarsDian Yu ’16 andAlan J.FreedmanDoris C. Scholarship: Arthur Argall ’17 Arthur Raymond Habbaz’18and Mike Stadnick ’00withScholars Desmarais LLPScholarship:

89 RELEVANT PARTIES 90 WWW.LAW.NYU.EDU /MAGAZINE Vanderbilt Hall. of musicanddancingin forthe decades anight in outfits from across Thursday), drew students #TBT (Throwback year’s event, themed annual Fall This Ball. of costumed fun at the identities for anevening shed theirlawyerly Halloween, students Every year around Ball Throwback for this page this for

photos online online photos

chair o Ona Wang at BakerHostetler ’98, partner andvice of Juvenile Department of theIllinois Justice, and Public Awards Service onCandice Jones ’07, director Interest Law Center, DeanTrevor Morrison conferred the celebration, whichwas sponsored by thePublic chanc ing ConnectFour, Checkers, andJenga hada andalso board games. Attendees bonded over games includ work withgoodment topublicservice old-fashioned alumni, andfaculty celebrated NYULaw’s commit- At theinaugural Public students, Benefit, Service Four Connect over Connecting Jones NYU Can! NYU Me If Catch e to bid on items in a silent auction. As part of e tobidonitems Aspart inasilentauction. f thefirm’s Pro Bono Committee. Morrison, Wang Morrison,

La ander Hamilton.” production Thetheatrical itself—the tothetune ofcareer set Lin-Manuel Miranda’s “Alex ofproduction DeanTrevor toldthestory Morrison’s Broadway experience. musical Atrailer for thisyear’s NYU La get achancetickets tosnagHamilton thisyear, For intheNYULaw those community whodidn’t the law ismucheasierthanstudying it. on hisfirstday at NYULaw, decidesthat teaching Columbia who, after beingmistaken for aprofessor and followed theadventures of atransfer student from w Revue’s 42nd—was titledCatch Me If NYUCan! w Revue produced afinesubstitute for the

- “a family—a family that really enjoys tax.” enjoys really that family “a family—a Double Taxation Taxation Double N cally on housing, and those kind of urban problems problems of urban kind those and on housing, cally - on York New made specifi has City.center “Focusing and zoning, was something that no other institution institution noother that something was zoning, and with a warm welcome to current and former fac former and current to welcome awarm with Program, Tax Graduate pioneering of the versary many private-practice professionals, earn their tax tax their earn professionals, private-practice many powerful sufficiently is curriculum tax renowned the that mark the about spoke field the in experts of Advisors. Board center’s of the man Law of NYU announcement the marked also event of the 2016 James S. Eustice Tax Leadership Award Award Leadership Tax Eustice S. 2016 James of the Trustee Jonathan Mechanic ’77, partner at Fried, Fried, at ’77, partner Mechanic Jonathan Trustee Grossman Professor of Taxation Emerita. Emerita. of Taxation Professor Grossman On March 24, NYU Law’s tax faculty and alumni— and faculty Law’s tax NYU 24, March On fessors—or vice versa for professors who, alongside who, alongside for professors versa vice fessors—or of the anniversary 20th the and 1945, in founded - anni 70th the year: academic this occurring saries anniver of important a pair celebrate to students uels LLM ’75 and concluded with the presentation presentation the with concluded ’75 and LLM uels to program tax the likened Blank students. and ulty celebration recent the opened who director, ulty Blank LLM ’07, the Graduate Tax Program’s fac Program’s ’07, Tax LLM Graduate the Blank Joshua is professor such One School. Law the at LLM 1996. in started Program, Tax International chair new the as & Jacobson, Shriver Harris, Frank, that many tax students eventually become tax pro tax become eventually students tax many that with groups—gathered overlapping frequently two to Deborah Schenk LLM ’76, Ronald and Marilynn Marilynn and ’76, Ronald LLM Schenk Deborah to including M. Carr Ferguson LLM ’60 and John Sam John ’60 and LLM Ferguson Carr M. including Executive Director Jessica Yager ’03 Jessica Director Executive Ellen; Gould Ingrid Director Faculty ’83; Been Vicki Co-Director Former Two Decades for the City’s Center The evening featured remarks from alumni alumni from remarks featured evening The Law’s world- of NYU draw continuing The In a video made especially for the anniversary, anniversary, for the especially made avideo In YU’s Furman Center for Real Estate and Urban Urban and Estate for Real Center Furman YU’s with an evening of toasts and celebration. The The celebration. and of toasts evening an with Policy marked its 20th anniversary this year year this anniversary 20th its marked Policy

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a gift to the city.” the to a gift was really doing, and by looking at that, [the center] center] [the that, at looking by and doing, really was president of the Ford Foundation. “NYU Furman is is Furman “NYU Ford Foundation. of the president helped the city evolve much more innovative poli evolve much innovative more city the helped Mechanic Mechanic Blank, Schenk, Ferguson Ferguson Schenk, Blank, Samuels Samuels Willis, senior policy fellow at at fellow policy senior Willis, cies over the years,” said Mark Mark said years,” over the cies research,” said Darren Walker, Darren said research,” nities, it produces essential in and rigor both in rooted understanding of commu understanding the center. the “Because NYU Furman is is Furman NYU “Because - - Rights Watch. the founder of Human years, Bernstein isalso Random for House 25 . Thepresident of Rights in Publishing andHuman Freely:Speaking My Life Bernstein’sL. memoir, celebration of Robert Law Schoolhosted a for Human Rights, the BernsteinL. Institute conference of theRobert the 2016annual In conjunctionwith Party Book

91 RELEVANT PARTIES 92 WWW.LAW.NYU.EDU /MAGAZINE Theodore Rave ’56. fellow alumnus,Donald with hisgrandfather and a specialfamily reunion Law Center, celebrated University of Houston professor of law at the assistant (near left), D. Theodore Rave ’06 Foxx (center) Foxx The Public Award, Service whichrecognizes (left, at center).(left, Appointed tohiscurrent position Charlotte, Carolina. North to U in 2013,Foxx previously asthemayor served of alumni whoforge and careers inpublicservice honors those whoprofoundlyhonors those affectsociety, was given S Secretary of TransportationS Secretary Anthony Foxx ’96

Action, anonprofit organization that works Award. Hudson isexecutive director of Crisis LLM ’06(above right)withtheRecent Graduate Dean Trevor Morrison presented Andrew Hudson to protect civiliansfrom armedconflict around theworld. organization receptions, and an all-reunion dance. dance. all-reunion an and receptions, organization included academic classes, dining, special alumni to 2011 returned to the Law School to celebrate Reunion 2016. Events throughout the weekend With spring in full bloom, 12 classes from 1956 Four alumni were also honored by the School Again Law Alumni Association. Alumni Law Back at at Back Hudson (right) Hudson

Perry Taxation Emerita, received theLegal Teaching Award, Achievement Award, recognizing hisprofessional Wayne Perry LLM’76 CEO (belowleft), of Shotgun Creek Investments, was honored withtheAlumni tion to the education and trainingtion totheeducation of law students. right), Ronald andMarilynn Grossman Professor of achievements andcommitment tothedevelopment honoring her scholarship andextraordinaryhonoring herscholarship dedica of theLaw School.Deborah SchenkLLM’76 (below Schenk - 93 RELEVANT PARTIES 94 WWW.LAW.NYU.EDU /MAGAZINE The ViewThe Europe from Confronting the Migrant Crisis Migrant the Confronting Hauser Global Law School Program’s Annual Dinner Dinner Annual Program’s School Law Global Hauser A ofthe US Appealsfor Court theSecond Circuit. Paul Stevens; Judge andChief Robert Katzmann of justices Samuel Alito, Ruth Bader Ginsburg, andJohn Gordon Brown; current andformer US Supreme Court includedformerparticipants UKprimeminister NYU Law professors andtrustees, conference the obligations of states tononcitizens. Alongside refugee and crisis,itsnational securityimplications, conference addressed issuessuchastheongoing Congressman Frank Guarini ’50, LLM’55,the B Syria—was thefocus of an NYU Law conference in Fallout from of states—particularly thecollapse keynote, “The Refugee Crisis: Europe’s Response?” Europe’s Crisis: Refugee “The keynote, been has emergency humanitarian ing from an economic crisis,” said O’Sullivan in his his in O’Sullivan said crisis,” economic an from ing member for its and Union European for the ically confronting. is EU the of what immensity the ing pace and scale of this unabating unabating of this scale and pace ber from the previous year. “The “The year. previous the from ber on March 7, David O’Sullivan, ambassador of the EU EU of the ambassador 7, O’Sullivan, on March David of entry at the frontier to process migrants in an an in migrants process to frontier the at of entry polit and fiscally both challenging num the times EU—six the entered tion, O’Sullivan emphasized creating a clear point point aclear creating emphasized O’Sullivan tion, quiet to sought States, United the to states, some of which, like Greece, are just emerg just are Greece, like of which, some states, illustrat by criticism of that some arcelona inJuly. of former Heldwiththesupport Ginsburg and Stevens With Syria’s civil war showing no signs of resolu no signs showing war civil Syria’s With In 2015, 1.8 million migrants migrants million 1.8 2015, In European Union has come under scrutiny scrutiny under come has Union European for its handling of the migrant crisis. At the the At crisis. migrant of the handling for its s millions of refugees flee war-torn Syria, the the Syria, war-torn flee of refugees s millions - - - O’Sullivan

- - EU-Turkey plan was unveiled the morning after after morning the unveiled was plan EU-Turkey O’Sullivan’s keynote.) He also suggested reform suggested He also keynote.) O’Sullivan’s ing humanitarian support remains a challenge. achallenge. remains support humanitarian ing possible while at the same time—yes—looking out for out for time—yes—looking same the at while possible allow our society to be completely upturned by a dis by upturned completely be to society our allow pass migrants that countries the with working and orderly process of this kind.” For the EU, negotiating EU, negotiating For the kind.” of this orderly process we cannot “Because he said. self-interest,” own our EU; the across relocation enabling orderly fashion; that balance between self-preservation and extend and self-preservation between balance that way just and honest most the and equitable most the through to reach the EU, particularly Turkey. (The (The Turkey. EU, particularly the reach to through Alito and Guarini Ruth Rubio member states. “The pressure for con pressure “The states. member EU of the all of rallying importance - envi and of entry, country the in asylum for file to migrants requires which Regulation, Dublin the ing away, and we better figure out a way way out a figure away, we better and of how we’re going to deal with this in in this with of deal how to we’re going tinued migration is not going to go go to going not is migration tinued sioning new forms of legal migration. of legal forms new sioning O’Sullivan underscored the underscored O’Sullivan Katzmann - - - - Alumni Achievement Awards: Vijaya Gadde ’00, Gadde Vijaya Awards: gen Achievement Alumni 4.0: “BLAPA theme, evening’s the to Referring 1. April Three alumni were also honored with Distinguished Distinguished with honored also were alumni Three Leadership Award to John Sexton, president emeri Award to Sexton, John Leadership US Court of Appeals for the Fourth Circuit; and Vanita Vanita and Circuit; Fourth for the of Appeals Court US at theMuseum of Modern Art. their first10 years asalumni.This year’s gala was held ormore duringeachof or$1,000 and higherannually which celebrates donorswhogive level at the$5,000 The award was presented at theannualWeinfeld Gala, of hisfounding of theWeinfeld Associates Program. NYU Law andincelebration of the25th anniversary Edward Weinfeld Award for hismany contributions to dean of theLaw School,received the2015Judge John Sexton, president emeritus of NYUandformer Ceremony Award Artful An T Evolution LACA’s Celebrating her father struggled to find work. When he found an an he When found work. find to struggled father her Civil Rights Division. Division. Rights Civil of Justice’s Department US ’01, of the Gupta head ing the Spring Dinner the last official BLAPA BLAPA event. official last the Dinner Spring the ing board president, explained, “We are constantly being being constantly “We are explained, president, board arrived immigrant in a small Texas town in the 1970s, 1970s, the in town Texas a small in immigrant arrived in played thereof—have lack the diversity—or and eral counsel of Twitter; Judge Albert Diaz ’88 of the of the ’88 Diaz Albert Judge of Twitter; counsel eral their legal careers. Gadde recounted how, anewly as recounted Gadde careers. legal their School. Law of the emeritus dean and of NYU tus t itself rename to decided had organization tity, the iden American Native student’s the encompass to student told him the BLAPA acronym seemed not not seemed acronym BLAPA the told him student evolve.”to seeking constantly are We self-reflective. II ’00,Id-Din BLAPA’sKalam Rafiq Trails,” Blazing Still he Law Alumni of Color Association (LACA), mak (LACA), Association of Color Alumni he Law All of the awardees spoke about the roles that race race that roles the about spoke awardees of the All B In that vein, Kalam Id-Din revealed that, after a after that, revealed Id-Din Kalam vein, that In Asian Pacific American Law Alumni Association Association Alumni Law American Pacific Asian (BLAPA) drew an ebullient crowd to Capitale on on Capitale to crowd ebullient an drew (BLAPA) he annual Spring Dinner of the Black, Latino, Latino, Black, of the Dinner Spring he annual LAPA presented the President’s Distinguished Distinguished President’s the presented LAPA - - - - law school, I went to law school to make sure that that sure make to Iwentlaw school to law school, to leader Klan Ku Klux local the with meet have to Gadde. “Nobody gave voice to those people in that that in people those gave voice to “Nobody Gadde. moments. And when people ask mewhy Iwent to ask people when And moments. people have a voice and that people have someone have someone people that have avoice and people Morrison community. My family felt very powerless in those those in powerless felt very My family community. opportunity collecting insurance premiums door to to door premiums insurance collecting opportunity door, his boss told him that he feared for the safety of of safety for the hefeared that him told boss door, his to fight for them.” for fight to get permission to walk around his own community. own his around walk to permission get someone with Indian heritage; Gadde’s father would would Gadde’s father heritage; Indian with someone Sexton with his family his with Sexton Hon. Raymond Lohier Carter, Zachary Thompson, Kenneth Gadde “Nobody was there to defend to my father,” said there was “Nobody Welters Gupta

for this page this for Diaz Id-Din Kalam

photos online online photos 95 RELEVANT PARTIES THE WAYS OF GIVING PLANNED NYU LAW GIVING FUND Weinfeld Program The Weinfeld Program is NYU School of Law’s most prestigious donor recognition group. We invite you to join the program by committing to annual gifts at one of the following levels:

REUNION Choose from a number of giving strategies that can further your Please contact MICHELE EDDIE www.law.nyu.edu/reunion2017 philanthropic goals while also meeting your financial planning needs. (212) 992-8877 | [email protected]. 2016 • POLICING PROJECT • CORPORATE LAW CLOSE‑UP • CYBERSECURITY: LAW MEETS TECH Nonprofit Org. Y LAW NYU US Postage PAID Office of Development and Alumni Relations St. Louis, MO 22 Washington Square North Permit # 495 New York, NY 10011–9108 THE MAGAZINE OF NEW YORK UNIVERSITY SCHOOL OF LAW

Ideasfrom NYU Law Powering Up Innovative thinking, The AnBryce Scholarship Program has helped scores 2016 of students chart paths to success—including Cravath’s |

illuminating scholarship. VOLUME XXVI first Latina partner, Damaris Hernández ’07. www.law.nyu.edu/ideas