COLUMBIA LAW SCHOOL Magazine Winter 2009
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COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK Columbia Law School 435 West 116th Street, Box A-2 Columbia Law School New York, NY 10027 Magazine LAW.COLUMBIA.EDU/MAGAZINE MILLER’S TIME Bankruptcy attorney Harvey Miller ’59 COURTING brings his immeasurable CONTROVERSY talents to Faculty experts talk to bear on the Adam Liptak about the challenges of Supreme Court’s use of foreign legal precedent an economic downturn PARTNERS IN CHANGE The Law School celebrates 100 years of the NAACP Winter 2009 60602_cvr.indd 2 4/15/09 3:36 PM Up NEXT: THE INTERNATIONAL LAW ISSUE Arriving this spring CHECK OUT OUR NEW WEBSITE law.columbia.edu/magazine ON THE WEB Exclusive photos, commenting, web-only content, and more WE WANT TO HEAR FROM YOU! Send us an email and tell us what you think at [email protected] 60602_cvr.indd 3 4/15/09 3:36 PM From thèDean On February 6, 2009, Dean David M. Schizer spoke at the 60th annual Winter Luncheon, where he honored both JEROME GREENE ’28, ’83 HON and STEVEN EPSTEIN ’68 with the Law School’s highest award: the Medal for Excellence. An edited version of those remarks appears below. “Since 1964, Columbia Law School’s most distinguished School. It’s a name familiar to every graduate and alumni have been recognized with the Medal for Excel- professor who has graced our halls over the past two lence. The medal is awarded to those whose professional decades: Jerome L. Greene. I regret never having gotten achievements reflect the qualities of character, intellect, to know Jerry personally, as our school, our university, and social and professional responsibility fostered by and our city suffered a profound loss on May 27, 1999, Columbia Law School . generously drawing upon their when he passed away at the age of 93. Today we talents and wisdom in support of civic altruism. Steven posthumously award our highest honor to this dedicated Epstein and the late Jerome Greene join a prestigious New Yorker, an ardent Columbian who believed in the list of past medalists, including William O. Douglas ’25, transformative power of giving. U.S. Supreme Court Justice Ruth Bader Ginsburg ’59, You already know that our flagship building, the heart and Gerry Lenfest ’58. of Columbia Law School’s intellectual and student life, We could not be more proud. bears his name. You may also be aware that he has been Steven Epstein is a towering figure in the field of a committed benefactor to his alma mater, providing a health care law. He has been called the father of the vast and broad range of support to the university in the health care industry. He has written a book on health law, form of scholarships, professorships, bricks and mortar, and, fortunately for the Law School, he teaches a course and research funding. You may not know, however, that on the subject for us. In 1973, Steven founded the firm of Jerry has enhanced the health and welfare of millions of Epstein, Becker & Green, one of the world’s premier law people whom he will never meet, ensuring their promise firms in health care law, and the firm has grown to 400 for a brighter future through his extraordinary generosity lawyers in 10 cities. Steven has a unique ability to help to education and the arts, to medicine, and to the whole people find common ground, and to cut to the heart of of our society. a complex issue so that he can help resolve it. For wise Jerome Greene credited his Law School experience and thoughtful counsel, there is no better source. I know with providing him the tools that made his success as an this from personal experience, because Steven serves as attorney and real estate investor possible, leaving him the chair of our Board of Visitors. His leadership of our with a deeply felt desire to give back. A towering figure Board is inspired. The group is energized, and under his in the lives of many, Jerome Greene’s exceptional leadership, every year, it plays a more central role in the intellect, unique vision, and unwavering commitment to life of the school. social responsibility continue to sustain and inspire us.” [In addition to honoring Mr. Epstein,] it is with admiration and respect that we pay tribute to a man whose name is indelibly linked to Columbia Law Watch a video of the Winter Luncheon medal presentations. view more law.columbia.edu/mag/excellence-09 LAW.COLUMBIA.EDU/MAGAZINE 1 60602_txt.indd 1 4/15/09 3:26 PM Tableof Contents: 58 16 departments 5 16 20 21 22 NEWS & EVENTS SEE ALSO SETTING THE BAR FACULTY FOCUS PROFILES IN Olga Kaplan, Julius Comparative Corporate Climate Change, SCHOLARSHIP Chen, Mia Marie White, Governance, Michael B. Gerrard Elizabeth S. Scott Mathias Oleskow Jeffrey N. Gordon 52 58 LONDON CALLING 64 JUVENILE JUSTICE FACULTY BY DAVID NICHOLSON BY JEFFREY A. FAGAN PUBLICATIONS Susan Liautaud ’89 Taking a hard look at the uses her business practice of sentencing 56 knowledge and juvenile offenders to ALUMNI PROFILES regulatory savvy death in prison. to help nonprofit MILLER’S TIME organizations around MILLER’SBY PETER TIME KIEFER the world get the BYBankruptcy’s PETER KIE FforemostER most out of their Bankruptcy’s expert, Harvey Miller limited resources. foremost expert, ’59, finds inspiration in Harvey Miller ’59, 60 REAL IMPACT the challenges of an finds inspiration in BY BEN McGRATH economic downturn the challenges of an Thanks to a storied, and continues to economic downturn eventful career in build on an already 66 TRANSPLANTING and continues to real estate, Richard unparalleled career. LEGAL SYSTEMS build on an already Richman ’72 has risen BY KATHARINA PISTOR unparalleled career. to the top of Efforts to mirror his profession. or transplant legal systems from other 62 countries face a AT ISSUE ESSAYS host of obstacles. 62 SECURITIES REGULATION 68 56 BY JOHN C. COFFEE JR. CLASS NOTES Discussions about more effective regulation 88 IN MEMORIAM of the U.S. securities industry often involve 92 a tug-of-war between QUESTIONS rules-based and PRESENTED principles-based systems. George Pataki ’70 2 COLUMBIA LAW SCHOOL MAGAZINE winTER 2009 60602_txt.indd 2 4/15/09 3:26 PM 24 features 24 34 THE COURT AT A COMMON A CROSSROADS PURPOSE BY ADAM LIPTAK BY PAULA SPAN The Supreme Court In celebration of the NAACP’s justices differ sharply 100-year anniversary, a on whether foreign law detailed look at the links THE DIAMOND CLUB should be considered and connections that BY JOSH LEVIN when interpreting the bind this groundbreaking Thanks to six alumni who U.S. Constitution. Should organization with decided to trade in fantasy the Court shield itself Columbia Law School. leagues for the real from legal developments thing, Columbia Law outside America, or is 44 School has major league there light at the end ORDER IN THE connections to the world of of the tunnel when it COURT? professional baseball. comes to the use of MODERATED BY foreign law? JOSEPH GOLDSTEIN Because of Barack 30 Obama’s victory in ’08, the FUELING CHANGE liberal-conservative split BY LAURA SAUNDERS on the Supreme Court will In an effort to address likely hold steady in the national security and coming years. But Obama’s 40 climate change concerns, election could impact Law School Dean David the Court in other ways. M. Schizer unveils an Professors Greene, Metzger, innovative tax proposal Monaghan, and Morrison that would help curb discuss what lies ahead for America’s dependence the SCOTUS during the on gasoline. new president’s tenure. LAW.COLUMBIA.EDU/MAGAZINE 3 60602_txt.indd 3 4/15/09 3:26 PM Columbia Law School Magazine Dean david m. schizer Associate Dean for Development and Alumni Relations bruno m. santonocito Executive Director of Communications and Public Affairs elizabeth schmalz Editor matthew j.x. malady Editorial Director james vescovi Managing Editor joy y. wang Assistant Editor mary johnson Copy Editor lauren pavlakovich Design and Art Direction baker koppel associates Printing maar printing service, inc. Columbia Law School Magazine is published three times annually for alumni and friends of Columbia Law School by the Office of Development and Alumni Relations. Opinions expressed in Columbia Law School Magazine do not necessarily reflect the views of Columbia Law School or Columbia University. This magazine is printed on FSC certified paper. Change of address information should be sent to: columbia law school 435 West 116 Street, Box A-2 New York, NY 10027 Attn: Office of Alumni Relations alumni office 212-854-2680 magazine notices 212-854-2650 [email protected] Copyright 2009, Columbia Law School. All rights reserved. NOW FIND US ONLINE! Visit law.columbia.edu/magazine THROUGHOUT THE MAGAZINE, NEW ICONS ALLOW YOU TO SAY, DO, SEE, AND LEARN MORE. Join the news & events One week before the the latter half of the Toobin predicted Toobin was the fi rst presidential election, 20th century—from the next vacancies on journalist to deliver Jeffrey Toobin, CNN’s Brown v. Board of the Court would be the annual Rosenberg senior legal analyst and Education, which held Justices Ruth Bader Lecture, which is a staff writer for The school segregation Ginsburg ’59, David usually reserved for Conversation New Yorker, came to unconstitutional, to Souter, and John Paul judges and justices. Columbia Law School Bush v. Gore, which Stevens. And President Persily, who worked to review the Supreme effectively made Barack Obama, with the writer in 2002 Tell us what Court of the past and George W. Bush the he said, is likely to for a New Yorker article Go Beyond present and make a 43rd president of replace liberal-leaning on redistricting, said few prognostications the United States.