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CONTENTS Spring 1998

F E A T u R E s

Editor A Message from the Dean Dan McGeehan By Dean Douglas G. Baird 2 E-mail: [email protected]

Associate Dean and Director of External Relations Judith [obbitt Intellectual Property: Top Down and Bottom Up By Richard A. Epstein 4 Credits

Pbotograpby: Matt Gilson, cover, page 2. Stephanie Leider '87, pages 36, 37 (top). Dan Bill 26. McGeehan, page 21. Petros, page '00 Rutgers-Camden Law School, page 31. Randy Tunnell, pages 27, 28 (top), 29 (bottom), 43, 48. By Dean Ellen M. Cosgrove 91 10 Roger Williams University, page 37 (bottom). University of Virginia, page 22. Washington University School of Law, page 28 (bottom). WCA International, page 40. The 1996·97 Honor Roll of Donors

The University of Chicago Law School Record 13 The Law School Record (ISSN 0529-097X) is pub­ lished twice a year, in spring and fall, for graduates, students, and friends of The University of Chicago Law School, 1111 East 60th Street, Chicago, D E p A R T M E N T s Illinois 60637. Copyright © 1998 by The University of Chicago Law School. Changes of Law News 18 address should be sent to the Office of External School Relations at the Law School. Telephone (773) 702- 9486. Copies of the Law School Record are avail­ able from William S. Hein & Co., Inc., 1285 Main Class Notes 24 Street, Buffalo, New York 14209, to whom inquiries should be addressed. Current issues are also avail­ able on subscription from William S. Hein & Co. In Memoriam 46

VOLUME 44, SPRING 1998 - 1 A MESSAGE FROM THE DEAN by Douglas G. Baird Harry A. Bigelow Distinguished Service Professor of Law and Dean

Three new mern­ many respects, the Law School is faculty

what it is because it never fails to bers focus on corporate and commercial law: Saul Lev­ Inrenew itself. I am reminded of this Lisa Bernstein Eric each quarter as classes convene and the more, and

Posner. now the Brokaw intellectual energy that has always char­ Saul,

acterized us fills the lecture halls. Professor of Cor-porate Law

at the of Whether in torts with Richard Epstein or University Virginia, Alan Sykes, jurisprudence with Martha visited the Law School in the

Nussbaum, or law and economics with fall of 1993. He has taught at Yale and Richard Posner, our vitality is abundant­ Harvard, Michigan. lyevident. A major legal scholar for An important dimension of this more than a decade, his work commercial renewal is the appointment of new facul­ spans law, corpo­

ty. In recent months, the Law School rate law, tax, restitution and extended offers to eight of the most procedure. Lisa Bernstein sought-after academics on the market. I taught and am pleased to report that all eight accept­ corporations corporate at the Law ed and we are bringing onto the faculty governance School last fall. perhaps the most extraordinary group ever Coming from Lisa has to join a law school in a single year. Georgetown, Dean Douglas G. Baird We have hired two brilliant teachers examined how mercantile

of tax: Julie Roin and David Weisbach. norms and commercial law interact. Her one of our longest and worthiest tradi � Julie, the Doherty Professor at the creative empirical work and dedication tions flourishes. to the law in action make University of Virginia, taught here as a understanding Chicago has long been known for

her an intellectual heir to Karl visitor in 1993 and we have finally been Llewellyn bringing together the most promising and Soia Mentschikoff. able to persuade her to come here perrna­ young legal scholars in the country and Eric of law at the nently. With Joseph Isenbergh, she is this Posner, professor we have done so again this year with Jill of bank­ country's leading authority on interna­ University Pennsylvania, taught Hasday, Douglas Lichtman, and Adrian tional taxation. She will teach both the ruptcy as a visitor last fall. Drawing heav � Vermeule. Jill graduated from Yale Law

on and Eric basic taxation course and the course on ily sociology game theory, with a perfect record and is now clerking

covers all areas of commercial and taxation of derivatives and other new corpo­ on the D.C. Circuit for Judge Wald. She financial instruments. rate law. has written on family law and federal David Weisbach worked in Treasury In short, commercial law remains in jurisdiction, and will strengthen both hands. Saul's and after graduating from Harvard. In his sec­ good far-reaching areas of our curriculum. eclectic Lisa's ond year of teaching at Georgetown, he imagination, empiricism Douglas Lichtman earned his under­ and Eric's commitments has proved himself to be a most promising interdisciplinary graduate degree in computer science

run true to the values we have young tax scholar. David and Julie togeth­ always from Duke, where he finished first in his

er will ensure the continued success of the had. With Randy Picker (who was class. Also a graduate of Yale and an Olin University of Chicago Tax Conference appointed as the first Paul and Theo Fellow there, he is regarded as the most Law (founded by Walter Blum and now cele­ Leffmann Professor of Commercial promising young academic in intellectual brating its 50th anniversary). earlier this year), they will ensure that property and the law of cyberspace.

2 THE LAW SCHOOL RECORD Adrian Vermeule, a graduate of Harvard Law, is now a research fellow at has Georgetown. He clerked for David Chicago long Sentelle and Antonin Scalia before join­

Kirkland & Ellis. His work on statu­ been known for ing bring� tory interpretation (soon to appear in the Stanford Law Review) has already drawn ing together the most considerable attention.

Law School continues to promising young legal flourish over many other fron­ in coun­ Thetiers. The construction of the scholars the new classrooms and the Arthur Kane Center for Clinical Education we Legal try and have done • remains on schedule and under budget. Everything will be ready by fall quarter so a a i n and we are planning to hold the dedica­ g tion shortly after Labor Day. this Our clinical program, likewise, is thriv­ year. ing. About thirty percent of our students work in the Clinic before they graduate more energy to strategic planning and and demand for clinical placements far alumni fundraising. I am therefore espe­ exceeds availability. Under the leadership dally pleased to report that Judy [obbitt of Randolph Stone and the clinical facul­ has joined us as an associate dean and ty, our students are presented with a num­ director of external relations. ber of challenges in the different projects: Judy holds degrees from Northwest­ homeless, anti-poverty, criminal and juve­ ern's Kellogg Graduate School of nile justice, employment discrimination, Management and its Mcdill School of and mental health. As we reach the end of Journalism. Her first career was as a jour­ the Clinic's fourth decade, I am pleased to nalist. She then turned to development tell you that the faculty has· decided to work, first at a social service agency and expand the Clinic in a new direction by then at Rush- Presbyterian-St. Luke's Associate Dean Judy Jobbitt introducing an exclusively transactional Medical Center, where she shepherded program that will focus on helping entre­ major gifts. Returning to Northwestern, School and, as our Centennial nears, preneurs in the inner city start and run she was Assistant Dean for Development will be turning to you to help plan our their own businesses. Modeled on the at Kellogg and then Assistant Vice future. Now, more than ever, your advice,

MacArthur Justice Project, this program President of University Development. counsel and support are critical. I hope to in entrepreneurship will be done jointly For the last two years, she has been see many of you in my travels over the with the Institute for Justice. responsible for planning Northwestern's next year and, should you find yourself Our success in expanding the faculty $1 billion comprehensive campaign. back on campus, please make a point of and Clinic requires that we devote even These are exciting times at the Law stopping by my office. +

VOLUME 44, SPRING 1998 3 •

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FALSE UTOPIAS their angst, they feel compelled to construct some alternative utopia, which from a dis­ top too often, lawyers receive bad press tance looks so pure and so rhapsodic that we for their role in modern commercial can only dare hope intellectual property will Allsociety: They are regarded as the reach that same level of coherence, simplici­ down fount of all obstacles to innovation and ty, and rationality. To carry out this program, improvement. Oftentimes I am happy to join intellectual property takes as its benchmark a fifth column against the excesses of law, the law of property as it relates to land and notwithstanding my own training and ere­ commodities such as wheat. We have heard and dentials. But although those charges are often that this area displayed a remarkable simplic­ warrented, sometimes they are not. What I ity in which all the major economic prob­ hope to do in this short talk is to dispel the lems had been solved. Our task therefore is to illusion that all lawyers are necessarily pitted figure out how to make the law of intellectu­ I want al bottom against productive labor. Accordingly, property resemble property in land. to address the positive legal contribution to Ironically, the history of land law shows setting up the framework in which cornmer­ that this subject has been heavily contested cial transactions, especially those in the infer­ from the beginning of time. Fortunately, mation age, take place. I shall outline my understanding those disputes helps explain

a up themes in somewhat broader context than why the law of intellectual property will is appropriate for the technical panels that always contain certain irreducible uncer­ rightly dominate academic conferences and tainties that no amount of legal reform can by Richard A. Epstein publications. My self-appointed task therefore dispeL The frictions that inhabit any is to view intellectual property as part of the dynamic system block the creation of any broader species of property rights. utopia in human affairs. The following speech was I want to begin with one note of caution. presented at a conference When people get together to talk about their entitled "Intellectual common problems, they tend to make THE ORIGINS OF Capital: gloomy assessments of their shared future. In PROPERTY Business Strategy, Legal many ways, the intellectual property busi­ Protections, and Global ness is booming. Ironically, however, people see how this theme plays out, it's in 1997 within the industry dwell not on its success­ instructive to think about property Competitiveness" July es but on its to at the Hoover Institute. problems; then, highlight Torights generally-how they're orga-

4 THE LAW SCHOOL RECORD nized, how they're created, how they're justi­ fied, how they're protected, and so forth. With land, of course, these battles have been he frictions that legion over time. Broadly speaking, two kinds of theories have been used to justify property rights in any kind of resource, land being no One of these theories I dub inhabit exception. (with­ any dv­ out claim to originality) the "bottom up" the­ ory, which says that to understand a system of property is to understand how self-interested namic block the private actors organize and coordinate their system activities so as to generate privately, as it were, property rights regimes over various creation of kinds of resources. So it's the unilateral acts of any utopia private persons that first inspire and then organize the system of legal rights. The opposition to this bottom up view is in human affairs. a "top down" approach, which says that to organize complicated social institutions like title good against the rest of the world. tion. If you imagine a world devoid of imper­ property requires coordination and planning This position is subject to powerful philo­ fection, you have backed yourself into a from the center because the impact of prop­ criticism, which runs as fol­ form of utopian What you must erty is not limited to the owner but extends sophical usually thinking. lows: Since property is a social relationship recognize is that, no matter how property to the rest of the world. Thus the only way between one individual and the rest of the rights are structured, so long as resources are to form a coherent system is by direct state world, why should the unilateral action of a scarce, people will have to be disappointed; regulation from the top down, by regulation single individual bind everybody else on the so long as enforcement costs are positive, that parcels out and assigns the rights to var­ face of the globe without their consent? How some scheming individuals can get away ious individuals to advance some larger con­ is in that we can these with the rules. The task of the ception of social welfare. it, effect, impose breaking legal obligations without consent, when promises system is to minimize these imperfections. Which of these orientations do we prefer and agreements are ordinarily used to create Given finite human resources and finite and why? Historically, the record on this par­ obligations? To escape the aggrandizement of human intelligence, these untoward results ticular problem is, to say the least, mixed. some, society has to resort to a top down sys­ cannot be eliminated, only reduced. Anybody who starts with the standard text­ tem, one whose political processes allow for So, having identified the central problem books on how rights in things are acquired, wide Consent is used to with organizing the world from the bottom say for land, will discover that-under the public participation. obviate the difficulties of unilateral action. up, we must put our finger on the weak point common law system, under civil law based on But, of course, even a romp through of the top-down approach. It is quite simply Roman law, or under most tribal systems­ quick history leads to the conclusion that, this: If, in fact, individuals are treated as the bottom up approach prevails. More con­ this theoretical has been owning property in common, then how, by cretely, the basic maxim of property is that although objection voiced, it Virtually agreement, will they allocate particular por­ possession is the root of title. In practice frequently rarely prevails. every legal system contains a heavy bottom tions of that common property to various property rights have been organized as fol­ up component. members of the group? Anyone who has ever lows: First, in the state of nature, nobody has Lacking perfection, you should adopt the co-owned a summer home with his or her any particular rights to any particular thing; following frame of mind: For every particular siblings will realize that these tasks of com­ second by unilateral action the person who rule on the assignment and creation of prop­ mon ownership are often first occupies a particular parcel of land, in extraordinarily erty rights, identify its correlative imperfec- ticklish to discharge even within the con- fact, becomes the owner of that parcel with

VOLUME 44, SPRING 1998 5 fines of a single family that otherwise enjoys same heirs to assume service obligations to for general upkeep and for special projects. good relations. Seeking to allocate the plan­ their lords. The entire effort to bundle land Taxation requires the formation of gover­ et earth among individuals who do not speak and services into a single contract becomes nance units, blessed with coercive powers, to a common tongue and who do not live in rickety and inefficient. Over long periods of decide which local improvements are needed similar communities leads you quickly to the time, the English constantly compressed the and how they are to be financed. Water result that John Locke himself identified structure by eliminating intermediate layers rights run through land, and manifestly a with such great clarity: If we wait until we of the feudal hierarchy. Sometimes land was bottom-up water system does not feature sep­ get unanimous consent to partition of the abandoned or service obligations were arate ownership but complex forms of com­ universe, we shall all starve first-a serious neglected. Strangers could enter the land mon ownership, with correlative rights that practical objection to common property without any title at all. It takes five hundred vary from location to location by topogra­ regimes. The enduring advantage of a first­ years for ownership to begin to collapse into phy, technology, and custom. possession rule is, if you can eat what you a bottom-up system in which individuals So even before zoning, modem land use grab, you won't starve, preserving any option become ordinary outright owners of land planning and environmental protection, to deliberate over our collective future to measured by metes and bounds. seen from close up, is filled with glitches and another day. Does that slimming down free us of all warts. But if we step back a little bit to assess government regulation? The answer is, of its overall achievements, our mixed system LAND course not. Land ownership is much more of rights in land is, in fact, highly successful, complicated to operate than ordinarily sup­ notwithstanding major errors at the margin. both top down and bottom up posed. Whenever I attend land use confer­ So from this quick trip I conclude that top are subject to powerful objections, ences, the wails and the moans of the vari­ down, bottom up is a false dichotomy intro­ Becauseneither can banish the other from the ous participants are at least as loud as those duced by an irresponsible speaker in order to field. Therefore, we observe both systems heard at intellectual property meetings. intrigue his audience. For its part, the real working side by side simultaneously and What triggers these land-based wails? First world forces you to engage in mixed solu­ often at cross-purposes. If that's true as a off, boundaries aren't as clear or as powerful tions. Nonetheless, the top-down/bottom-up generic proposition, it's certainly going to be as one might hope. In addition to occasion­ dichotomy does not disappear. The results true for land. So, what would be an indica­ al disputes about locations, protracted bat­ reached in seeking intermediate solutions tion of a top-down system in land? The most tles occur whenever activities on one plot of are, to use a phrase from another line of busi­ conspicuous illustration comes from our feu­ land negatively affect the neighbors. ness, heavily path dependent. If you start in dal English origins; after William the Unhappily, conveyancing of land is often the wrong place-usually top down-the Conqueror took over England, he quickly extremely tricky, as accretions to title build errors are going to be larger and the correc­ partitioned much of the land among his up over time. Stabilizing the entire arrange­ tions more chancy than by starting bottom henchmen and lords in exchange for promis­ ment required a top-down system-recorda­ up. In a perfect world, you could correct to es to supply an extensive feudal army. So the tion-to combat the pervasive risk of dou­ the ideal, no matter what your point of entire system of English property law started ble-dealing, whereby X sells land to A, then departure. In an imperfect world, you'd best from the top down. Top-down systems have to B, and then to C. Having partial interest start at that comer closest to the ideal solu­ some real efficiencies, but in the end this in land (life estates, leases, mortgages) cre­ tion to make your journey shorter and less natural historical experiment exposes its ates immense cataloging problems as well. complicated. weaknesses. Easements and restrictive covenants give Start with the positives. The great individuals ownership claims in the lands of THE SPECTRUM advantage of a top-down system is that it their neighbors, as do certain customary puts your friends in the right places with the rights to hunt or gather shrubs and wood. another way to test my right resources at the right time. The initial Future interests in land (i.e., those which approach-and I'm moving a little conditions have a tidiness and rationality will or might fall into possession at some NOw,bit closer to intellectual property­ absent from the chaotic world of bottom up. future time) can clog commerce and prevent is to question a dichotomy that was present­ But this top-down system is not likely to current development. Suddenly, various ed by Paul Romer who is not a lawyer, mere­ prove stable over time. By linking together rules restrict the types of interests that can be ly a world-class economist. Romer's thesis is service obligations with property ownership, created in land and the mode of their sale or that you could divide the universe into two death creates serious imbalances. It is easy disposition. Secondly, the system is not self­ sets, one of which is called objects and the for property to go to heirs, harder for those sustaining; real estate taxes must be imposed other, ideas. Now, that's not a bad first

6 THE lAW SCHOOL RECORD he moment a mild bit of functionality is approximation for how the world works, but into the many assets fall embarrassingly right injected analysis, between them. One of them is the spectrum. Do we call that an object? well, not quite. Law it is now Do we call it an idea? not quite; indeed, not Epstein's (as at alL But classification aside, how is it is to be allocated? The case is instructive because the spectrum forms a bridge between the eas­ dubbed) is true: ily understood, so-called tangible assets on Every the one hand and the more difficult intangi­ ble assets, of which intellectual property is ideal solution is met with one on the other. How is the spectrum to be allocated? Historically, I'm happy to report, both systems of allocation have been tried. The original allocations took place in a a decisive time rate objection­ much shorter frame, given the of technological advance between 1910 and 1930, but in fact the bottom-up system for which means that the spectrum seemed to work fairly well in you the brief period it was allowed. What is this system like? It says that just like land, you obtain of a bit of in ownership always land the soup. the spectrum by occupying it. What does it mean to occupy some portion of the spec­ divide it or use it in any way, shape, or form lem is that government broadcast licenses trum? Well, it requires more than just pass­ they choose. The law replicates for this band­ don't have indefinite time horizons. In con­ ing through a frequency while twisting the width the property rights system for land. sequence the renewal process is enormously dials. You've got to sit on that frequency for Enter the United States government. costly while fairly inviting protest groups to a while, which means that you have to The key mover in the adoption of top-down exercise political leverage for their own ben­ establish some kind of repetitive broadcast regulation was none other than the then sec­ efit. Property rights are indefinite; rent seek­ pattern that allows both users and rivals to retary of commerce, Herbert Hoover-a ing takes place. Such a cycle applies to the treat that bit of spectrum as your own. The point that we shall pass over to talk about spectrum as it applies everywhere else. moment that process begins it will be neces­ the larger issues. That top-down system Then the next question, "Exactly how do sary to address physical interference between holds that the world will look simply chaot­ you use the spectrum?" If you receive a neighbors, just as there are spillovers ic if private rights are acquired by individual license, you're not allowed freely to subdi­ between neighboring landowners from ce,[­ grabbing; what is now required is govern­ vide the assigned spectrum as technology tain kinds of use. It thus becomes necessary ment ownership of the spectrum, which is becomes more efficient. Under the present to settle on some kind of a "live and let live" then allocated in feudal style by a system of regime, no natural process pushes people to rule to determine the tolerable level of reci­ grants. And that's the system that was basi­ narrower bands for transmitting the same procal interferences. Fortunately, by custom­ cally forced on the entire spectrum with the amount of information. Instead the lack of ary practice, broadcasters met that challenge Radio Act of 192 7, which has survived vari­ incentive, or even ability, to economize in the period, say, between 1920 and 1926, ous transformations to this very day. leaves huge amounts of waste inside the sys­ before the whole bottom-up enterprise fell Now, many of you might say, "Look, tem. In addition, the initial central alloca­ apart under the weight of federal interven­ we've got the best radio and television and tion rests on wild guesses as to what various tion and regulation. telecommunications system in the United sectors of the economy will require: so much Note the key features of the bottom-up States on broadcast. How could you com­ spectrum to the military, so much spectrum approach. Initially, it features acquisition by plain?" The way you can complain is to ask, to the weather service, so much spectrum for first possession, which is then protected What are the defects of the system if you private industry, and so on. Of course these against interference. Once the rights are pro­ look at it up close? Let me mention just a property right divisions by central govern­ tected, then the owners of the thing may sub- couple of them for you. One structural prob- ment allocation do not correspond with

VOLUME 44, SPRING 1998 7 needed uses over time. The legislation need­ It is not, as it were, content. But once you appear. Let the patent definition be too ed to change frequency use takes place slow­ deal with content and ideas, the institutions broad, and the patent's primary function is ly, however, stand with much discontinuity of property associated with their use will no longer opportunity for development; now and intrigue. Worse still, central allocation have to adapt to the changed subject mat­ it forms a blockade against development by favors the large battalions: minorities, how­ ter. It may well be regrettable but true that competitors. So what emerges is a world that ever described, find themselves locked out of we require a higher level of government makes patents either too broad or too narrow. the business because subleasing of spectrum intervention, including some top-down Somebody who wants to ignore one. form of space at market rates turns out to be illegal. supervision, for this system to operate. error because he's worried about the second Broadcasters by statute must supervise the Let me just mention a couple of complica­ misunderstands the nature of the problem. content put out over their frequency and tions that call for caution in taking property Working out these boundary conditions can­ can't be so vulgar as simply to lease out spec­ rights regimes across different resources. The not be done in the obvious bottom-up way, as trum slices, however defined, to the highest first question to ask yourself is this: How clear with a bunch of stakes and a piece ofland. It's bidder. By degrees the whole system becomes are the boundary conditions that separate the a much more difficult process. encrusted, unresponsive, and bureaucratic. owner of the right from the rest of the world, Duration, as is well known to intellectual The grants are rarely outright, and the strings that separate, as it were, me from thee? With property experts, also poses difficulties for attached often are designed to clamp down respect to land, metes and bounds work pretty patents, and copyrights, and trademarks. And on dissent, controversy, and innovation. well most of the time. With respect to the it's clear that the same solution won't work The last seventy years of regulation have spectrum, the system can be adapted by setting for all of them. The most vexatious disputes exacted a high price to overcome physical a permissible variation from some central fre­ probably arise with the patent law, mainly interference between neighboring frequencies. quency at some location and for some period because everybody understands that technical It is, in my judgment, vastly inferior to the bot­ of time. In intellectual property cases, stating innovation, if not done by A, can be done by torn-up system that could have flowered if fed­ the boundary conditions will be harder in B shortly thereafter; whereas most of us think eral intervention had not nipped it in the bud. some cases than in others. There's not much of that a Shakespeare sonnet, if not written by It is all too easy in dealing with novel resources a boundary dispute in figuring out whether or the first guy, is not going to be done particu­ to retrace the arguments over ownership in not some dialogue comes from Shakespeare's larly well by an impostor. So that suggests that land-and to come out in exactly the wrong Hamlet. But in addressing whether one song is you have shorter time limits for one thing place. The novelty of the spectrum does not a knock off of another, the boundary condi­ than the other, but it doesn't tell you exactly require a novel legal response. Imitating pri­ tions will become more indistinct than the how short it ought to be; it doesn't tell you vate systems of land ownership works far bet­ simple copying analogy would suggest. When whether or not patents ought to be renewed; ter than vainly seeking from the center some dealing with the scope of patents, expect end­ and it doesn't tell you what to do with inter­ magic test for the public interest, conve­ less difficulty in figuring out the breadth of a locking patents or follow-on patents. nience, and necessity. valid patent for an invention that has yet to be In the end the problems with land reap­ brought to commercial realization. pear with intellectual property, but they are INTELLECTUAL The moment a mild bit of functionality is not amenable to the same solution. What do into Law mean PROPERTY, AT injected the analysis, Epstein's (as I by that? Define the rights too nar­ LA�T it is now dubbed) is true: Every ideal solu­ rowly, and the lack of protection invites a to finish this talk with a grand tion is met with a decisive objection­ second inventor to expropriate the labors of flourish, I should sav=-ah-hal->­ which means that you always land in the the first. Define them too broadly, and both NOw,having made the case with the soup. What do I mean by that? Well, one the first and second inventors have blockade spectrum, simply carry it over to intellectual approach is to define patents broadly, which positions with respect to each other, which property; this system too should be predom­ has the very desirable feature of encouraging can make their negotiations both futile and inantly, if not exclusively, bottom up. Once the holder of a patent to invest extensively protracted. It's just land. Either you risk again, to create this system by government in the patentable resource. To define the expropriation or you risk coordination fail­ grants and control counts as a desperate patent too narrowly, after all, leaves its hold­ ure. You cannot eliminate both risks simul­ mistake. Unfortunately, the train that er uncertain as to its future commercial uses. taneously, and you don't know which interi­ leaves from this particular station has to fol­ Why would you invest in the patent if its or solution minimizes the sum of these two low a somewhat different track from the domain is tiny? So it looks like there is no defects. Once you understand that this pat­ spectrum analysis. Here's why. The spec­ resistance to the broad definition of patents. tern holds across the length and breadth of trum is a passive resource. It's a commodity. But scratch the surface and the trade-offs intellectual property, then you realize that

8 THE LAW SCHOOL RECORD deas are not like the crop, which can be

it's not a single field, save in opposition to eaten once. land and wheat. Within its own domain, fur­ only ther subdivision is required; patents have to be broken off from other areas and then bro­ can ken into use and Great ideas be up patents, process patents, perhaps other divisions of which I am unaware. Trademarks and copyrights will each require its separate regimes, subject to used over and over further subdivisions.

Even when all the doubts are ventilated, the bottom-up elements still come out so that the ... strong. The government may determine the again, agri boundaries of patents and their duration, but it does not hold the patents or decide how they should. be used or marketed. cultural Indeed within the basic set metaphor parameters by the law, private initiative drives the system. Use the patent of another, and you are fails to describe the liable for infringement, just as if you tres­ passed against land. Own the patent, and you can sell or license it to another, with or without restrictions on its use or resale. The intellectual to create divi­ landscape. ability by agreement complex sions of right by territory, by language, and second person is close to zero. Ideas are not the success while seeking to limit the scope by end use increases the flexibility of the like the crop, which can be eaten only once. of the failures. And recognize that, no mat­ system. So notwithstanding the injection of Great ideas can be used over and over again, ter what view we take on the question of strong doses of government control, the so that the agricultural metaphor fails to whether a patent should run for twenty or dynamism in intellectual property still describe the intellectual landscape. twenty-five years, the basic structure of the comes from the bottom up. Now the basic difficulty is that, to set the rights is, for the most part, as good as you're Yet it would be a mistake to assume that right incentives for production, you have to likely to get it; perfect agreement on neces­ efficient use always requires the creation of distort the incentives on distribution. To get sary trade-offs is not possible, even though intellectual property rights. As committed the proper incentives on use and dissemina­ improvement always is. So don't look for as I am to the institution of private proper­ tion after production, you must distort pro­ utopia; you're not going to find it. Don't take ty, it is easy to identify discrete contexts in duction. The theory of property law will not land as a perfect model because it has its own which it is best to reverse field and assign allow either of these problems to vanish. You internal difficulties and, in any event, its certain things (e.g., ideas and mathematical will never reach a unique answer on the evident grounds of distinction. For today theorems} to the public domain. Even duration and scope of the rights as you can celebrate your successes; tomorrow you can though the law must create incentives for with land or wheat. The moment you accept again lament your failures. • their a creation, it has still greater worry the trade-offs, you acknowledge the errors. about rate the of their dissemination and The moment you acknowledge the errors, Richard A. Epstein is the James Parker Hall use, which explains why intellectual proper­ you accept the necessity for estimating their Distinguished Service Professor of Law. This ty has wrinkles not found in the law of land scope and the inevitability of litigation in speech, in an expanded form, will appear in and wheat, where it is relatively easy to which both sides believe themselves correct. Capital for Our Time: The Economic, Legal, embrace sows the proposition that he who And once you recognize all this, you reluc­ and Management Challenges of Intellectual shall reap because otherwise no one will tantly accept the built-in undertow that no Capital, edited by Nicholas J. Imparato, and is plant at all. But what does it mean to reap utopian vision can displace. It is part of the reprinted here with the permission of the publish­ when you leave the world of agriculture and legacy of intellectual property. er, Hoover Institution Press. Copyright © 1998 enter the world of ideas? Once a great idea So I end where I began. Knowing that by the Board of Trustees of the Leland Stanford is out there, the marginal cost of its use by a some failures are the price of success, praise Junior University.

VOLUME 44, SPRING 1998 9 y

10 THE lAW SCHOOL RECORD have welcomed the University arrive with advanced degrees as well as those reported that Brian carried the Olympic of Chicago Law School's Class who are pursuing joint degrees, particularly torch in the 1996 nationwide relay the night Weof 2000. The first graduating in the JD/MBA program. We also see an before his Criminal Law final). class of the next millennium consists of"chil� increase in the JD/MD students enrolled at While the input measures of this equa­ dren of the '70s", born sometime between the Law School. In their "off' hours, many of tion are greatly impressive, the output mea­ Watergate and the Bicentennial. They take these students work in the hospital and in sures are as well. So far, six members of the

local clinics to hone their medical skills dur­ most recent class are on notes on laptops, they carry cell phones and graduating clerking their three of education. In beepers. They access transcripts through the ing years legal the Supreme Court (Chris Bowers, Dave addition to Kevin '00 University's Web Page. They job hunt on� Devaney (Tulane Franklin, Sandy Glover, Rob Hochman, line. They communicate with faculty and Med.), we have Tim Allen '98 (Baylor Howard Neilson, and Bo Rutledge). administrators through e-mail. They submit Med.) and Roger Wolfe '99 (Harvard While they are here, our students are Bigelow assignments via the internet. They Med.). In a more unusual career transition, engaged-inside and outside the classroom.

Leslie Love '98 left her of veteri­ The a participate in on-lone class discussion groups. practice Roundtable recently sponsored panel Technology has brought exciting opportuni­ nary medicine to practice law. We also on "The New Chicago School" where pro-

have a of stu­ norms at ties to the Law School and our challenge couple fessors discussed the study of dents who are is to make use of the technology with- the Law School. This panel out losing our personal touch. simultane- occurred a few weeks after the

Students still come to our offices o u sly October 20, 1997, New Yorker with ideas, questions, and con- reported this as the most sig­ cerns but they are also able to nificant movement in acade­

make better use of their time. mia since law and econom-

I cannot tell you how many ics. The Legal Forum spon­

e-mails I receive from stu­ sored its annual symposium dents between 2:00 a.m. and ELLEN M. COSGROVE '91 "The Right to a Fair Trial." 5:00 a.m. The Law School Democrats

As a relatively recent brought Chicago Mayor graduate, I am constantly Richard M. Daley to campus astonished by the rapid for a lecture and the Law changes taking place here on earn� School Republicans brought the technological front. ing JD author and former Reagan However, in the midst of these and MD de- domestic policy advisor Dinesh changes, some things remain con­ grees including d'Souza to campus to celebrate Triste Lieteau stant-the average Chicago student con­ '97 (Harvard Reagan's 87th birthday. and Becca Brendel '00 the the Law Students' tinues to be anything but average. Med.) (Chicago Med.). Throughout year,

We are fortunate that our Law School The Class of 2000 also includes former Association (LSA) meets regularly with the

members of the Peace Dean to matters of student interest. consistently attracts a more diverse group of Corps (Orner Beer), discuss scholars. From athletes and actresses to Americorps (Apama Joshi), and Teach for In addition, LSA coordinates student liaison musicians and physicians, Law School stu­ America (Tom Morel); a few former college groups to the various faculty committees. dents bring experiences and accomplish­ professors (Brian Butler, David Graver, and These students meet with faculty to discuss ments that enrich all of us on this side of Allyson Newton); a doctor who spent time appointments, curriculum, exam policies, the Midway. as an "Undersea Medical Officer" for the computer policies, the Bigelow Program, and Approximately 50% of the entering class U.S. Navy (Kenneth Devaney); a television career services.

writer a has taken time away from school after col­ (Debbie Ezer); and television

actress run the lege. As is typical for an entering Chicago (Kathryn Lucas). nearly forty organi­

zations serve a class, the Class of 2000 includes a host of Steven Segaloff, an Olympic athlete, left that variety of inter­ former paralegals, investment bankers, and his position with the Senate Judiciary Studentsests. The Edmund Burke Society is a Committee to become a member of the U.S. debate legislative interns. These students are always conservative/libertarian society.

fifth in the Law and was started a able to bring a rich perspective gained National Rowing Team, placing Chicago Society few 1996 Summer He fellow to address issues. through their exposure to the inner work­ Olympics. joins years ago interdisciplinary

Brian Wanek '98 who Last hosted an event on ings of the financial world, the legal arena, Olympian captained year, they focusing the U.S. Team in in the arts. Their and the government. Their backgrounds are Olympic Speed Skating lawyers panel included a issue of the we the directors of the Art complimented by the many students who 1994 (in previous Record, Institute, Field

VOLUME 44, SPRING 1998 11 Museum and the Chicago Symphony. The port students seeking summer public service a priest, and answered with a very rich dis­ Christian and Jewish Law Students opportunities. cussion of the story's context in the Bible, in Associations have provided community history, and in place and time. He offered an

support to students. Law Women's Caucus breadth of experience students account of how the King's actions might be

sponsors panels on women in the profession bring with them, coupled with the seen as a reflection of a certain regime of pri­ and coordinates a big sibling program for all Thediversity of opportunity available to vate property ownership granted by God and law students. Our intramural teams contin­ them once they arrive, makes the Law against a state. A second student, who had

ue to dominate the University. The School a truly unique place. A few years ago, apparently done a good bit of Jewish biblical women's football team has won the during the Law School's Admitted Students' study, challenged the account and pointed University Championship for most of the Weekend, Ed Walters '96 tried to explain out how the Jewish tradition differed from

last ten years. the environment to incoming students. I that of the former priest.

" In recognition of the importance of fos­ conclude with an excerpt of his remarks 'Fantastic!' Epstein interjected. 'And tering strong and loyal ties to the Law which summarize so eloquently, the strength what does this tell us about Aristotle?' School, the family of Don Egan '61 estab­ of our student body: Another student, who had spent much time lished a scholarship in his honor which "I never ex- before law school studying Greek phi­

recognizes the work of a student who pected my legal losophy, offered an account. demonstrates "a real interest in education Professor Epstein topped him by the Law School, leadership to in- suggesting an alternative read- potential within the larger ing of Aristotle. Another stu­ legal community, and who dent challenged the profes­ We are fortunate that our law School consistently appears likely to become a sor, saying that the professor loyal and supportive alum" attracts a more diverse group of scholars. From athletes was not being faithful to the as Don was. Laura text. Another classicist Grisolano '98 is the first and actresses to musicians and physicians, law School before law school. " recipient of this scholar­ students and that 'Wonderful, very good,' ship. Laura, a mother of bring experiences accomplishments Epstein encouraged, stoking two, has been active as the enrich all of us on this side of the Midway. the class like a fire. 'That chair of the student curricu- reminds me of the second stan­

lum committee. In this capac- volve za of Mozart's Requiem,' which ity, she worked with faculty and a profes- he then sang in Latin at the top of students on significant changes in sor singing a his voice.

exam and paper policies, credit allo­ chorus from Mo- "Of course, there was someone in cation, and curriculum planning. zart's Requiem at the top of the class who was able to translate. In addition to participating in the his lungs in Latin to a class of twenty stu­ Flawlessly.

numerous activities at the Law School, law dents. One of my first upper-class seminars "Now, I'm not saying that every class is

students continue to contribute thousands of was a class on the historical origins of prop­ like this (and that's probably a good thing).

hours to the community each year. In fact, in erty. For the first class, Professor Epstein's But the class really illustrated to me the recognition of these efforts, the ABA named reading assignment deviated from the typi­ resources available among fellow students. the Law School the Public Service Law cal law school fare: a short Old Testament This was not a special seminar on Greek School of the Year for 1995-1996. Along story, a selection from Aristotle's Politics, philosophy or on Latin. This was a class with the students working in the Mandel and a chunk of the Institutes of Justinian about history and political theory that was Legal Aid Clinic, the Award honored stu­ (the ancient Roman code). As far as I could enriched by the students in the class and

dent volunteers in the Neighbors program tell, the readings were unrelated at best, and their diverse backgrounds. That is some­

(tutoring students, working in soup completely random at worst. thing I can say of every class at the law kitchens), the International Human Rights "The class began in a small seminar school: the students are engaged and inter­ Law Society, (representing aliens in deporta­ room: 'What does this story from the Bible, ested, and they add to the educational tion hearings), Streetlaw (teaching children which does not mention law, tell us about experience both inside and outside the

" in local public schools about the law), and the property law during the time of the Old classroom.

the Volunteer Income Tax Assistance pro­ Testament?' queried Professor Epstein. I

gram (preparing tax returns for low income expected this query to be met with some the­ workers). In addition, the Chicago Law ory about how unformed the law was. I was Ellen M. Cosgrove '91 is an assistant dean and

Foundation continues to raise money to sup- wrong. The first student to answer had been dean of students at the Law School.

12 THE LAW SCHOOL RECORD

Patrick J. Ellingsworth '74 Dean's Funds Adam O. Emmerich '85 A from the Message Cathy and Joe Feldman Fund for the Law School J ames Parker Hall Richard M. Rieser Jr. '68 George P. Felleman '67 Andrew M. '78 and B. Deborah C. '72 and C. Chair Society Betsy James ($15,000 +) Rosenfield Franczek '71 Jack M. '57 and Nida B. Alex Sarah Scaife Foundation Herbert B. '32 and Marjorie Law School is fortunate to have Irwin J. '38 and Elizabeth C. Mitchell S. Shapiro '64 Fried Askew Anna H. and Mark Siegler Adrienne and Burton E. 2,798 alumni and friends who con­ The Lynde and Harry Bradley Allen M. Singer '48 Glazov'63 tributed a record in The $1,905,857.02 Foundation, Inc. Ann H. '72 and James E. Robert C. Gobelman '58 '72 Harold L. '47 and Ruth G. 1996�97. Thank you for your commitment Bruce E. and Martha O. Spiotto Clinton Laurence N. Strenger '68 Goldman '47 and support. George J. Cotsirilos '42 Stephen E. Tallent '62 Thomas A. Gottschalk '67 As Fund for the Law School I Chair, Joseph N. DuCanto '55 Anne Walsh Nathaniel I. Grey '57 Walsh Anne D. and Robert V. am acutely aware of the challenges created Alexandra Egan Jim Christina Egan John Walsh Gunderson Jr. '79 by the rising costs of maintaining the Law Emilie C. Egan Richard B. and Fran Walsh Trust Estate of James M. School as a world class institution and the Jennifer Egan S. K. Yee Foundation, Inc. Hamman corresponding increase in the need for all of Matthew Egan Irving B. and Jane W. Harris Nancy G. '46 and Raymond Edward W. Hinton Elmer M. '37 and Harriet us to give as generously as possible. Over the G. Feldman '45 Society Heifetz years, we have met these challenges because Estate of Joseph E. Green ($5,000 - $14,999) Richard A. Heise Sr. '61 and Parker Hall Melvin S. Adess '69 Howard M. Heitner '82 so many of us realize how important the edu­ Julie Estate of Jane T. Harris Barry S. Alberts '71 Celia S. and David C. cation we received at the University of Howard G. Hawkins Jr. '41 Arthur H. Anderson Jr. '70 Hilliard '62 Chicago has been to our professional and James C. Hormel '58 and Rebecca S. James G. Hunter Jr. '67 Lawrence T. '65 and R. Anderson Gordon E. Insley '57 personal lives. And we understand the Molly Hoyle Jr. ARCO Foundation Joseph Isenbergh importance of providing that same excellent Arthur O. Kane '39 Ronald J. Aronberg '57 George B. [avaras '64 education to future generations. Burton W. '52 and Naomi R. Douglas G. Baird Jenner & Block Kanter Baker & McKenzie Elmer W. Johnson '57 During the past year, I've been fortu­ John M. Kimpel '74 Steve M. Barnett '66 Chester T. Kamin '65 and nate to work closely with Douglas Baird and Lillian E. Kraemer '64 Ingrid L. Beall '56 Nancy S. Schaefer '74 wish to express my gratitude for his leadership, Howard G. Krane '57 Barbara B. and Karl M. Noel Kaplan '63 William M. and Elisabeth M. Becker '68 Marilyn and Thomas Karsten his energy, and his support. Establishing a new Landes Betty Bergman Foundation record was accomplished through the team­ Lawyers Trust Fund of Illinois Donald S. Bernstein '78 Marilyn H. Karsten work of many volunteers; I am grateful to each Paul H. Leffmann '30 Stuart Bernstein '47 Katten, Muchin & Zavis Edward H. '35 and Kate Levi Nathan and Emily S. Blum Foundation, Inc. of you who gave of your time. The members of John D. and Catherine T. Foundation Daniel P. Kearney '65 the Committee are due a Leadership special MacArthur Foundation Joseph D. Bolton '74 and Kirkland & Ellis Foundation thanks for their hard work in recruiting vol­ Mark C. Mamolen '77 Alison W. Miller '76 Stephen E. Kitchen '69 Ethel McQuistion The Braeside Foundation Douglas M. Kraus '73 unteers and encouraging alumni support. Benard D. '37 and Jean S. David S. Chernoff '62 David S. Kreisman '63 The to maintain the challenges great­ Meltzer Frank Cicero Jr. '65 Peter D. Lederer '57 ness of the Law School in a constantly James W. Mercer '71 John Michael Clear '74 David F. and Nancy R. Levi S. '37 and R. Zylpha Clinton Robert M. Levin '67 changing environment continue. Because of Byron Jeanette Miller '37 John M. Coleman '78 Donald G. and Amy S. Lubin committed alumni like I am confident you, John A. '49 and Naomi S. Stephen C. Curley '69 Macl.ean-Fogg Company, Inc. that our fundraising goals will continue to be Morris Kenneth W. Dam '57 Dorothy J. Macl.ean Estate of Bernard Nath Frank H. Detweiler '31 Michael J. Marks '63 met or exceeded. Bernard J. '55 and Jean Marilyn and Terry D. Arthur J. Massolo '67 Thanks for again your support. Nussbaum Diamond '63 Mayer, Brown & Platt John M. Olin Foundation, Inc. Daniel L. Doctoroff '84 James J. '49 and Carolyn P. Institute Robert E. Don '62 McClure Jr. - Dehorah C. Franczek '72 Open Society George J. Phocas '53 Isaiah S. Dorfman '31 Mary K. Mochary '67 Abra H. Portes Joseph DuCoeur '57 Paul M. Murphy '77 Ann Portes Gene E. Dye '67 NBD Bancorp, Inc. Richard Partes Charles L. '65 and Lois L. Linda T. '67 and Phil C. Neal George A. Ranney Jr. '66 Edwards The John Nuveen Company

14 THE LAW SCHOOL RECORD Oak Brook Bank Lee F. Benton '69 Michael E. Meyer '67 Simon H. '73 and Virginia L. John J. Buckley Jr. '72 Margaret Ochylski Stephen S. Bowen '72 and Paul S. Nelson '89 Aronson '75 The Bureau of National Hugh M. Patinkin '75 Ellen C. Newcomer '73 William O. Newman '52 Frederic J. Artwick '70 Affairs, Inc. Friends of Tony Patino Neil S. Braun '77 Robert E. Nord '72 Russel A. Bantham '66 James E. Bums Jr. '72 Gerald M. Penner '64 James E. Brown '83 and The Northern Trust Barack Ferrazzano Allan M. Caditz '52 Kenneth C. '34 and Pearl L. Gretchen A. Winter '83 Company Kirschbaum & Perlman Campbell Soup Company Prince Richard W. Burke '58 Benjamin '34 and Rita Anthony H. Barash '68 Bruce D. '62 and Gail M. Gerald Ratner '37 Margaret Bums Ordower Andrew L. Barber '79 and Campbell Laurence Reich '53 Debra A. Cafaro '82 Russell J. Parsons '42 Mary E. Kazimer '85 Sean R. Carney '90 and Lee H. '77 and Gary L. Gerhard and Regina Casper Richard J. Phelan Bonnie A. Barber '75 Maripat Gilligan '91 Rosenthal Katherine M. Chaddock Linda G. and Richard L. Eleanor S. and Morton J. Lee C. Carter '93 Harold S. Russell '62 Jack Corinblit '49 Pollay'55 Barnard '27 Robert Cheifetz '92 and Patrick G. and Shirley A. Karen L. Cornelius '85 Alexander H. Pope '52 Paul M. Barnes '39 Sandra Raitt '92 Ryan Charles F. Custer '58 Robert N. Reid '30 Robert B. Barnett '71 Max L. Chill '35 Salans Hertzfeld & Heilbronn Estate of George Donoghue Jr. Jill L. Rosenberg '86 Philip H. Bartels '74 Chien-Nan Chu '96 Don S. Samuelson '67 Donald M. Ephraim '55 Rose D. Rosenthal Steven L. Bashwiner '66 Michael J. Cicero '89 Mary W. and Robert G. David M. Evans '61 Lawrence E. Rubin '70 Urs L. Baumgartner '79 Citicorp Foundation Schloerb '51 James H. '48 and Mary Evans George L. Saunders Jr. '59 The Baxter Allegiance Samuel D. Clapper '71 Barry C. Skovgaard '80 and C. Curtis Everett '57 A. Bruce Schimberg '52 Foundation The Coca-Cola Company Marc O. Wolinsky '80 Richard 1. Fine '64 Jane Tepperman Schueler George B. Beall '53 Wendy and David Coggins Stephen M. Slavin '64 Janet L. Fisher '84 Richard M. Schwartz '77 Charles T. Beeching Jr. '55 James Cohen Rolf O. Stadheim '66 Michael J. Freed '62 and Wendy B. Simon Michael 1. Begert '89 Jerry Cohen Charles D. '47 and Debora Friedman & Koven Joseph H. Brennan '88 and Bina and Renato Beghe '54 Kenneth Cohen H. Stein General Electric Foundation Leslie A. Shad '85 Roya Behnia '91 Morris H. Cohen Todd M. Stennes '92 Anthony C. Gilbert '63 Sidley & Austin Stuart B. Belanoff '57 Peter J. Cohen '82 Ann C. Stem '77 and Laura A. Ginger '79 Mark W. Smith '81 Tom W. Bell '93 and Donna Richard Cohen Steven M. Berzin Rosemary Hale Carol and Richard A. Stein Gloria Matias '91 Steven Cohen HerbertJ. Stem '61 Ronald W. Hanson '75 Kenneth R. '69 and Albert C. '67 and Kay Mazzo John F. Collins '73 and Susan Judith Haberman Stem and William M. Hardin '82 Margaret Talle Bellas K. Jackson '75 Charles M. Stem Laura G. '77 and Michael Universal Studios, Inc. David J. Berman '66 and W. Dale Collins '78 Geoffrey R. '71 and Nancy Hassan '74 Thomas E. Unterman '69 Denah S. Bookstein Candice B. Conn S. Stone Walter Hellerstein '70 Philip L. Verveer '69 Jules Bernstein '60 Andrew H. Connor '79 James E. Tancula '82 Bruce A. Herzfelder '87 Katherine T. Ward '91 Brooke Z. '90 and Theodore Lea Anne Copenhefer '85 Tenneco Inc. Laura B. '67 and Robert L. Helen R. Weigle W. '91 Bernstein and Scott L. Kafker '85 Fritz Thyssen Stiftung Hoguet Susan Paulsrud Welch '89 Jose L. Berra ' 84 Covington & Burling Wachtell, Lipton, Rosen & Roger M. Huff '76 Lawrence E. Wieman '84 Richard B. Berryman '57 George M. Covington '67 Katz Foundation Leland E. Hutchinson '73 WMX Technologies, Inc. George P. Blake '61 Gary L. Cowan '60 Edward W. Warren '69 International Business Ann and Arnold R. Wolff Harvey E. Blitz '69 David L. '63 and Dorothy M. Roger A. '52 and Charlotte Machines Corporation Joseph T. Zoline '35 Neal J. Block '67 Crabb P. Weiler Marian S. '70 and Fruman Wilber H. Boies '68 Richard Craswell '77 Nancy F. White Jacobson Wilber G. Katz Fern C. Bomchill '72 Cravath Swaine & Moore Edwin P. Wiley '52 Dennis L. Jarvela '69 Society Daniell. Booker '71 Creative Construction Ltd. Thomas A. Witt '77 David V. Kahn '52 ($1,000 - $2,499) William J. Bowe '67 Robert W. Crowe '49 Estate of Sidney J. Wolf Joshua S. Kanter '87 Morris B. Abram '40 Roland E. Brandel '66 David P. Currie Michael G. Wolfson '64 Kathleen G. '84 and Scott Richard M. Adams '55 Kristin J. Brandser '87 Peter H. '67 and Katharine James L. '35 and Bobette B. Kapnick '85 Marion B. Adler '82 Kathleen W. Bratton '74 Darrow P. Davies Zacharias Peter Karasz '65 ... Aetna Foundation, Inc. Bernard F. Brennan Susan '91 and John Anne G. Kimball '76 Alexander & Baldwin, Inc. The Mervyn L. Brenner Van Voorhis Harry A. Bigelow Mrs. Irs s. Kolb Albert H. '30 and Marian Foundation, Inc. Lloyd R. Day Jr. '79 Society Jeffrey T. Kuta '72 Allen Roger T. Brice '73 Dennis M. '66 and Marion C. ($2,500 • $4,999) Louis W. Levit '46 Mary D. Allen '72 Margaret S. Briles '47 DeLeo Carolyn S. and William L. Nancy A. Lieberman '79 Alfred C. Aman, Jr. '70 Bristol-Myers Squibb Dean A. and Nancy L. Dickie Achenbach '67 Alfred R. Lipton '66 American Home Products Foundation, Inc. Timothy W. Diggins '83 Thomas W. Albrecht '79 William F. Lloyd '75 Corporation James A. Broderick '67 John W. Donley '85 Jean Allard '53 and David David S. '41 and Reva F. Logan Amoco Foundation, Inc. Alan R. Brodie '54 Michael A. Donnella '79 Gooder MCA Incorporated C. David Anderson '67 David A. '73 and Gila J. Bronner R. R. Donnelley & Sons Thomas J. Anthony Jr. '85 David S. McCarthy '87 Douglas W. Anderson '92 Richard J. Bronstein '74 and Company Ethel and Irving I. Axelrad '39 McDonald's Corporation Walter J. Andrews '82 Eileen Silvers James '62 and Joyce Donohoe Julia A. and Michael F. Thomas A. McSweeny '65 Stuart A. Applebaum '60 Alan C. Brown '81 Wulf H. Doser '62 Baccash '73 Stanley H. Meadows '69 Gregory K. Arenson '75 David N. Brown '66 The Dow Chemical Barry M. Barash '62 Robert and Linda Mendelson Kenneth E. Armstrong '72 Peter W. Bruce '70 Company Foundation

VOLUME 44, SPRING 1 998 15 Richard N. Doyle '66 Eva B. and Matthew B. Maurice H. Jacobs '52 Frederick C. '80 and Lynn T. Alan R. Orschel '64 David P. Earle III '62 Gorson '73 Jeffrey Jahns '71 Lowinger Geoffrey W. Palmer '67 Gary R. Edidin '69 Ronald '68 and Marilynn Grais Craig E. Jameson '66 Peter '83 and Tara K. Lubin Gail L. Peek '84 Lorraine White Egan Gray & Company Daniel E. '57 and Carlyn E. J 0 Desha Lucas Kathleen M. Kopp '81 and Thomas J. Egan Donald M. Green '58 Johnson Donald A. '61 and Margaret Alfredo R. Perez '80 Lois and Stephen Eisen and Robert M. Green '57 John Alvin Johnson '40 M. Mackay Gloria C. Phares '75 family David R. Greenbaum '76 John Arthur Johnson '69 Bruce R. MacLeod '73 Polk Bros. Foundation Inc. Jeanne M. and Richard R. Ernest '47 and Stacey P. John [ubinsky '59 Neal D. Madden '71 John R. Polk '65 Elledge'61 Greenberger H. Richard Juhnke '69 Patrick J. Maloney '82 Lee T. Polk '70 Alex Elson '28 Edward B. Greensfelder Jr. '62 Harold E. Kahn '82 Richard L. Marcus '62 George L. Priest '73 William R. Emery '37 David N. Greenwald '93 Malcolm S. Kamin '64 Fred R. Mardell '58 Kenneth L. Pursley '65 Maurice S. Emmer '78 GTE Foundation Joseph T. Kane '60 William P. Marshall '77 Roberta C. Ramo '67 Glenn M. Engelmann '80 Audrey E. Haberman Joel H. Kaplan '69 Robert D. '69 and Ruth A. George A. Ranney Sr. Epstein, Zaideman & Esrig, P.e. Susan C. Haddad Sidney Kaplan '64 Martin Jeffrey C. Rappin '66 Ernst & Young William N. Haddad Karen J. Kaplowitz '71 Scott R. Martin '92 James M. Ratcliffe '50 Joerg H. Esdorn '85 William A. Halama '65 Emile Karafiol '79 Charles A. Marvin '68 Reed Elsevier Jerry A. Esrig '78 Hannafan & Associates, Ltd. Joseph V. Karaganis '66 Cheryl White Mason '76 Jerry M. Reinsdorf Roberta G. Evans '61 Michael T. and Sondra K. Francis A. Kareken '58 David E. Mason '64 Greg W. '75 and Mary Ann Terry Satinover Fagen '58 Hannafan Samuel A. Karlin '29 Catherine M. Masters '82 Renz John P. Falk '68 I. Frank'43 and Virginia Daniel M. Kasper '70 Barbara W. '68 and T. Michael Rexford & Kilmartin Gretchen and James R. Harlow Duncan F. Kilmartin '67 Mather '68 James G. Reynolds Sr. '68 Faulstich '61 E. Houston Harsha '40 James L. Knoll '67 McCamish Group, L.P. Larry E. Ribstein '71 Federal National Mortgage Richard M. Harter '61 Peter R. Kolker '66 Michael W. McConnell '79 James R. Richardson '69 Association Hartmarx Charitable Peter Kontio '73 Timothy V. McGree '73 Dalia and Franklin J. Terry Yale Feiertag '66 Foundation Robert J. Kopecky '79 Philip R. McKnight '68 Riesenburger '71 Gail P. Fels '65 James E. Hautzinger '61 Robert G. Krupka '74 Philip R. McLoughlin '71 Thomas W. Rissman '82 John H. Ferguson '69 Donald M. Hawkins '47 Alice H. Kurland Merrill Lynch and CO. J. Timothy Ritchie '63 Fidelity Foundation Michael B. Hays '79 Anne E. Kutak '62 Foundation, Inc. Miriam Rosenberg Ritchie James M. Finberg '83 C. J. '52 and Elizabeth B. Carol L. Kutak Maurice E. '83 and Mary K. '89 and Stephen L. First National Bank of Head '52 Antonio M. '68 and Miller '84 Ritchie '88 Chicago Foundation Fritz F. Heimann '51 Margaret G. Laliberte Michael Mills '74 Deborah E. Robbins '82 Steven L. Fisher '73 Ricki Tigert Helfer '76 Thomas E. Lanctot '79 Mr. and Mrs. Stuart L. Mills Lindsay E. Roberts '85 and Edward H. '67 and Karen Flitton Richard H. Helmholz Thomas M. Landye '68 '88 Richard W Shepro Barbara M. Flom '86 Stephen J. Herson '67 Frederic S. Lane '59 G. Paul Moates '75 Matthew A. Rooney '74 Foran & Schultz Leo '52 and Eileen Herzel Richard Langerman '61 Mobil Foundation, Inc. Judith L. Rose '82 Jacob L. Fox '47 Sidney J. Hess Jr. '32 Laurence R. '51 and Barbara Thomas D. Morgan '65 Eric Rosenfeld '59 B. Mark '56 and Barbara V. David A. Heywood '81 R. Lee Louis P. Moritz '89 Lois F. and Maurice '57 Fried Candis and John T. Hickey Susan M. Lee '79 and Norval R. Morris Rosenfield '38 Ethan J. Friedman '83 Jr. '77 Robert J. Minkus '79 Paul E. Moses '52 Margaret K. Rosenheim '49 Robert S. Friend '31 Thomas C. Hill '73 Harry D. Leinenweber '62 Morrie Much '62 Jeffrey S. Ross '65 Roger R. Fross '65 Lorie A. Chaiten and Harold and Lynn Martin George L. Mullin '91 Walter Roth '52 Allan Frumkin C. Hirshman '69 Robert M. Leone '63 Gerald F. Munitz '60 Charles A. Rothfeld '80 Elizabeth M. Frumkin '95 George A. Hisert Jr. '70 Milton A. '50 and Iona W. Donna M. Murasky '72 Walter S. Rowland '65 Peter Frumkin Irene S. '73 and O. Lock Levenfeld James I. Myers '67 Jesse H. Ruiz '95 and Mark H. Fukunaga '82 Holmes Jr. '73 Levin & Schreder Carleton F. Nadelhoffer '55 Michele Ilene Slobod '94 Maurice F. '42 and Muriel James E. Honkisz '74 Daniel E. Levin '53 Kenneth B. Newman '64 Charles F. Rule '81 Fulton Richard K. Hooper '56 Daniel B. Levin '81 Lawrence S. Newmark & Paul T. Ruttum '72 Brenda S. Furlow '87 J. Robert Horton '64 Joan D. Levin '72 Gloria Newmark Foundation Steven J. Sacher '67 Timothy C. Gallavan '82 Thomas and Vicki Horwich Peter J. Levin '67 Leslie F. Nute '66 Bernard Sang '35 Rodolfo Garcia '81 John C. Hoyle '67 Lexecon Inc. Karl F. Nygren '51 David B. Sarver '64 John T. Gaubatz '67 Louis L. Hoynes Jr. Robert M. Lichtman '55 Robert H. O'Brien '33 Frederick Sass Jr. '32 Francis J. Gerlits '58 Frank B. Hubachek Jr. '49 Donald J. Liebentritt '76 Stephen F. O'Byrne '77 Charles D. Satinover '30 Paul D. '87 and Nicole F. Carrie K. Huff '85 David E. Lieberman '91 Edward T. O'Dell Jr. '60 Suzanne R. Sawada '77 Ginsberg Alan J. Hunken Lieff, Cabraser & Heimann O'Melveny & Myers Anne Hamblin Schiave '73 Gene E. Godley '63 Charles E. Hussey II '58 Lance E. '78 and Marjorie P. Vincent F. O'Rourke Jr. '72 Schiff Hardin & Waite Barbra L. Goering '77 Michael L. Igoe Jr. '56 Lindblom '78 Dallin H. Oaks '57 Foundation Jane W. Goldberg Charles C. Ivie '70 Golda and Ivan Lippitz Thomas P. Ogden '82 Bernard A. Schlifke '65 Perry B. Goldberg '60 Betty C. '72 and John G. Richard M. Lipton '77 Richard N. Ogle '61 Randall D. Schmidt '79 Louis B. Goldman '74 Jacobs '72 Leonard J. Long '88 Roger Orf '79 Gail P. Runnfeldt '79 and Keith K. and Rodney Charles M. Jacobs '56 James R. Looman'77 Mark A. Orloff '82 and Ann Harry H. Schneider Jr. Goldstein Lois Moonitz Jacobs '82 Alexander I. Lowinger '41 E. Ziegler '79

16 THE lAW SCHOOL RECORD Irene T. Schoenberg Leslie A. Stulberg '78 Carleen L. Schreder '82 Steven E. Suckow '89 CLASS GIVING C. Alan Schroeder '86 William R. Sullivan Jr. '71 Steven G. Schulman '80 Michael J. Sweeney '76 David Schulte Gretchen and Joseph c. The following classes contributed $50,000 or more to Herbert R. Schulze '70 Swidler '30 the law School in 1996-1997: Donald L. '74 and Susan J. John R. Sylla '85 Schwartz '74 Stephen A. Tagge '69 Class of 1930 $1,838,797 Class of 1977 $73,771 Donald Segal '63 Matsuo Takabuki '49 Marc P. Seidler '73 Theodore J. Theophilos '79 Class of 1939 $339,268 Class of 1965 $72,732 Ann J. and David L. Servies John N. Tierney '68 Class of 1948 $244,833 Class of 1971 $70,355 '57 The Times Mirror Company Class of 1978 Class of 1941 Alison B. and C. Olin C. Steven Tomashefsky '85 $159,523 $69,013 Sethness '37 Frederick L. Tomblin '55 Class of 1958 $137,184 Class of 1962 $67,018 Seyfarth Shaw Fairweather Toyota Motor Sales, U.S.A., Class of 1937 Class of 1969 & Geraldson Inc. $134,297 $66,611 Eleanor P. and Milton 1. Travel Ventures, Inc. Class of 1938 $103,684 Class of 1968 $63,155 Shadur D. '76 and D. '49 Roger Sally Class of 1967 Class of 1935 Allen H. Shapiro '68 Turner '76 $101,583 $61,883 Lee C. Shaw '38 Betty A. and Robert E. Class of 1964 $98,965 Class of 1955 $56,745 Shell Oil Company Ulbricht '58 Class of 1952 $98,470 Class of 1953 $55,329 Foundation Union Pacific Corporation John N. Shephard '41 Edward E. '65 and Dana L. Class of 1974 $87,435 Class of 1966 $52,774 Gerald J. Sherman '62 Vaill Class of 1957 $85,221 Class of 1979 $50,202 Nancy M. Sherman '48 David J. Vandermeulen '85 Robert A. '78 and Deborah Vedder Price Kaufman & G. Sherwin Kammholz The classes' rate was 50% or [ames H. Shimberg '49 Paul W. Voegeli '71 following participation higher Rose Shure Ellyn C. Vogin '91 in 1996-1997: Brent M. Siegel '73 Maurice Walk '21 Michael S. Sigal '67 James P. Walsh '70 Class of 1947 59% Class of 1957 52% Peter K. Sivaslian '57 Stanley M. Wanger '59 Class of 1939 52% Class of 1960 51% Skadden Arps Slate Harold A. Ward III '55 Meagher & Flom Yosuke Watanabe '94 Class of 1952 52% Class of 1941 50% Alice and Raymond 1. Lee A. Watson Class of 1955 52% Class of 1946 50% Skilling '62 Clifford L. Weaver '69 Class of 1982 50% Cynthia A. Sliwa '79 William B. Weidenaar '62 The Slovin Foundation Richard M. Weinroth '83 Charles F. Smith Jr. '87 Peter L. Wellington '77 Lawrence E. Smith '78 Ira T. Wender '48 The following classes' average gift per donor was $2000 or more Branka J. and Harry B. Elizabeth L. Werley '79 in 1996-1997: Sondheim '57 James S. Whitehead '74 Sonnenschein Nath & Peter Widmer '68 Class of 1930 $76,616 Class of 1945 $3,201 Rosenthal Will Jane Class of 1939 Class of 1941 James S. Sorrels '72 L. Mark Wine '70 $16,156 $2,876 Harold E. Spencer '37 Arthur Winoker '60 Class of 1948 $3,448 Class of 1938 $2,802 Frederick J. '79 and Priscilla Erich P. '74 and Susan Class of 1937 $3,443 Class of 1946 $2,096 C. Sperling '79 Anderson Wise '74 Estate of Leo Spitz tarl E. Witschy '77 Spring Street Foundation Helen E. Witt '82 Byron E. Starns Jr. '69 Charles Witz Fredric and Nikki W. Stein Pamela Witz Florence S. Stenn Mr. and Mrs. Frank H. Wohl Mason W. Stephenson '71 '66 Marcia A. and Saul 1. Stem Charles B. Wolf '75 '40 Donald J. Yellon '48 John 1. Stewart Jr. '75 Joel Yohalem '62 Ida F. Stone Joseph H. Young '84 David A. Strauss and Benna Morton H. Zalutsky '60 Solomon William A. Zolla '65 Dale M. Stucky '45 Barry L. '79 and Jan R. Zubrow

VOLUME 44, SPRING 1998 17 LAW SCHOOL NEWS

ALAN SYKES ApPOINTMENTS

VISITING FACULTY Heinz,Dieter I think what I Assmann served most is as the Max Rhein­ like about teaching stein Pro­ Visiting correcting all the miscon ... fessor of Law dur­ ing the Autumn ceptions people have about Quarter and taught law and lawyers. I enjoy the a course on In­

... tegration of Euro­ experience of seeing stu Financial pean ... dents realize their precon Markets. After Assmann are serving on the ceived notions of law faculty of law at the University of incorrect. That's when the Heidelberg from 1985 until 1986, has since served as Professor of Commercial and actual learning of law Business Law, Comparative Law, and Juris­ begins. prudence on the University of Tubingen Faculty of Law. He has also been a visiting Alan O. Sykes, a member of the faculty since 1986, Porter in Washington, D.C., from 1983-1986 and professor at the University of Tokyo in 1994 was named the Frank and Bernice Greenberg lecturer at the University of Pennsylvania Law and at Chuo University in Tokyo in 1995. Professor of Law. School, 1982. Professor Assmann has been the editor-in­ Birth: October 10, 1954 in Bethesda, Maryland. Research Interests: International trade, torts, contracts, chief of Die Aktiengesellschaft since 1993. His Education: He received his B.A. in economics from the insurance, economic analysis of law. many publications include: Obernahmeange, College of William and Mary in 1976, and a J.D. Family: Married to Maureen Gorman since 1980. Two bote (1990), Einleitung in Grosskommentar zum from Yale Law School in 1982. After serving as the daughters: Maddie (five) and Sophie (two). Aktienrecht (1992), and Okonomische Analyse National Science Foundation Graduate Fellow in Professional American Economics des Rechts. He is co-editor and author of organizations: Economics from he received his Ph.D. in American Bar American Insider Trading in Western Europe (1994), 1976-79, Association, Association, economics from Yale in Wertpapierhandelsgesetz (1995), and Handbuch 1987. Law & Economics Association. des Kapitalanlagerechts (2nd ed., 1997). Experience: Associate attorney at the firm of Arnold & Personal Interests: Golf, music. This autumn, Lisa E. Bernstein served as a visiting professor of law, presenting a course on corporations and a seminar on Andrew T. ics from Harvard University in 1996. Prior in Ms. topics corporate governance. Guzman was to coming to the University of Chicago Law Bernstein at began teaching Boston appointed a vis­ School, he served as law clerk to the University in 1991 and, after visiting at the ittng assistant Honorable Juan R. Torruella, Chief Judge of University of Pennsylvania and the professor of law the First Circuit Court of Appeals. Mr. Georgetown Law Center, joined the and John M. Guzman's research and teaching interests Georgetown faculty in 1995. Ms. Bernstein's Olin Scholar for include international law (private and pub­ research interest is in the area of private the winter and lic), international trade, commercial law, commercial law. She studies industries that spring quarters. and choice of law. He taught a Secured have opted out of the public legal system and Mr. Guzman re­ Transactions course in the winter and teach­

have it with drafted com, ceived both his es a Securities in a Global replaced privately Guzman Regulation merciaI codes and arbitration tribunals to J.D. from Har, Market seminar with Professor Stephen resolve disputes. vard Law School and his Ph.D. in econom- Choi in the spring.

18 THE LAW SCHOOL RECORD Catharine A. MacKinnon has returned to es on bankruptcy and reorganizations and sent, including "When Push Comes to the Law School in the spring as a visiting pro­ advanced contract theory. Shove: Aggressive Community Treatment fessor of law. Professor MacKinnon is a pro­ and the Law," "Legal and Ethical Complex­ fessor of law at the University of Michigan LECTURERS IN LAW ities of Consent with Cognitively Impaired Law School and has taught at Yale, Harvard, Barry Alberts accepted a position of lectur­ Research Subjects: Proposed Guidelines," Stanford, Minnesota, UCLA, University of er in law for the spring quarter. He is a Iiti­ "Constructing Competence: Formulating Chicago, Osgoode Hall (Toronto), and the gation partner at the Chicago law firm of Standards of Legal Competence to Make University of Basel (Switzerland). Schiff Hardin & Waite, where he began Medical Decisions," and "Waiver of Beginning in the mid 1970's, Catharine practicing following his graduation from the Informed Consent for Emergency Research." MacKinnon pioneered the legal claim for Law School in 1971. Concentrating his She is presently at work on a book on sexual harassment as a form of sex discrimi­ practice on general business litigation, he informed consent. She taught a course in nation. Beginning in 1983, with Andrea regularly represents corporations, corporate Law, Science, and Medicine. Dworkin, she conceived and wrote ordi­ officers, and directors, as well as lawyers and Wayne Gilmartin, a principal at the nances recognizing pornography as a viola­ law firms, in a wide variety of litigation mat­ Chicago firm of Goldberg, Kohn, Bell, Black, tion of civil rights. The U.S. Supreme Court ters in both federal and state courts. Mr. Rosenbloom & Moritz, served as a lecturer accepted her theory of sexual harassment in Alberts currently is co-chair of the Trial in law in the winter. Mr. Gilmartin, a 1986. The Supreme Court of Canada adopt­ Evidence Committee of the American Bar specialist in real estate law, is a member of ed, in part, approaches that she created with Association. He also is an adjunct professor the American Bar Association Real the Women's Legal Education and Action of law at Northwestern University Law Property and Probate Committee, the Fund (LEAF) to equality (1989), pornogra­ School, where he has taught courses in trial Chicago Bar Association, and the phy (1992), and hate speech (1991). advocacy and legal ethics, and he has served International Conference of Shopping She is author of Sexual Harassment of as a faculty member at programs sponsored Centers. He joined lecturer James Working Women (1979); Feminism Unmodi� by the National Institute of Trial Advocacy. Rosenbloom in teaching a seminar on the fied (1987); Toward a Feminist Theory of the Mr. Alberts will be teaching the legal profes­ fundamentals of commercial real estate State (1989); and Only Words (1993), as well sion course in the spring. transactions. as numerous articles. Her casebook, Sex Jessica Wilen During the 1997�98 academic year, Equality (Foundation, 1998), a theoretical, Berg, the Section Edward Glaeser serves as the John M. Olin comparative and international treatment Director for Pro­ Fellow in Law and Economics. Mr. Glaeser centering on U.S. legal cases will be pub­ fessionalism at the received his Ph.D. in Economics from the lished in 1998. Professor MacKinnon pre­ American University of Chicago in 1992. Since that sents a course on sexual equality and a sem­ Medical Associa­ time, he has been at the department of eco­ inar on sexual harassment. tion Institute for nomics in the University of Chicago where Eric Posner Ethics, was a lee­ he is now the Paul Sack Associate Professor was appointed a turer in law at of Political Economy. He teaches the Ph.D. visiting assistant the Law School sequence in urban economics at Harvard. professor of... law in the winter. Currently, he is working on several topics in Berg for the autumn She has taught urban and social economics: the demand for quarter. Posner has research ethics, biomedical ethics, and law religion, the decline in American segrega­ been a member and medicine at the University of tion and the seeming decline in discrimina­ of the faculty of Massachusetts Medical School and at tion, rent control, the connection between the University of Michigan State Medical School, and poverty and cities, homeownership and val­ Pennsylvania bioethics and law at Northwestern Univer­ ues, the economics of architecture and the Law School since Law School. In addition she has served measurement of social trust. Posner sity 1993. His prima­ on numerous hospital ethics committees, Howard M. Heisinger presented a ry research interests include contract law, institutional review boards (IRBs), and an course on trusts and estates as a lecturer in bankruptcy law, and the relationship between animal care and use committee. Ms. Berg has law at the Law School. Mr. Helsinger, a law and social norms. He has written articles written a number of articles in the areas of 1978 graduate of the Law School, is a part­ in all of these areas. Mr. Posner taught cours- human subjects research and informed con- ner at Sugar, Friedberg & Felsenthal where

VOLUME 44, SPRING 1998 19 he in estate and H. Ru­ specializes planning pro­ Javier MELTZER HONORED bate. He is vice-chair of the Probate Practice binstein served

Executive Committee of the Chicago Bar as a lecturer in Association. Mr. Heisinger has written law during the extensively on estate planning and adminis­ autumn quarter. tration, and has taught estate and gift taxa­ A native of Ar­ tion at Chicago-Kent College of Law and gentina, Mr. Ru­ the Northwestern University Law School. binstein is now a Stephen R. senior associate Latham, the di­ in the Supreme rec tor of the Rubinstein Court and Ap� Ethics Standards pellate Advoca­ Division of the cy Group at Mayer, Brown & Platt in American Chicago where he concentrates in complex Medical Asso­ commercial litigation at the trial and appel­ ciation, served as late levels. He has handled numerous a lecturer in law appeals in the federal and state appellate in the winter courts, including the United States Supreme Latham during the au- Court, in the areas of class action litigation, Bernard D. Meltzer '37, the Edward H. Levi tumn quarter. A product liability disputes, constitutional law, Distinguished Service Professor Emeritus, was a 1985 graduate of Harvard Law School, Mr. immigration law, and criminal law. He pre­ recipient of the new Norman Maclean Faculty Latham received his doctorate in jurispru­ sented a seminar on the United States Award presented by the University of Chicago. dence and social policy from Ue. Berkeley Supreme Court. Named for the late professor of English who taught in 1996. He has lectured in philosophy and Henry S. Webber, vice-president for at the University for forty years and most noted for political theory at Brown University; in legal community affairs at the University of Chi­ his 1976 novella A River Runs Through It, the ethics at the law schools of Harvard cago and senior lecturer in the School of award recognizes emeritus or senior faculty who University and Ue. Berkeley; and in health Social Service Administration, accepted a have mode outstanding contributions to teaching care business law at U.e. Berkeley and the position of lecturer in law for the spring and to the student experience of life on campus. University of Chicago Law School. He cur­ quarter. His teaching and research interests When presented the award at the Alumni Assembly rently supervises the staff of the AMA's focus on health policy, the organization and on June 7, 1997, Prof. Meltzer was honored for Council on Ethical and Judicial Affairs in financing of human service delivery systems, setting high standards of intellectual excellence and researching and writing formal reports and and negotiations. Over the past few years he for his commitment to students' welfare beyond the ethics opinions, and works with the scholars has taught negotiations to human service classroom. Prof. Meltzer was commended for his and fellows of the Institute for Ethics at the agency heads, state officials, and Japanese long career that included distinguished public ser­ AMA to develop ethics-related research government officials. He teaches a course in vice, pioneer writings in the areas of labor low and projects and writing. negotiation theory and practice. evidence, and a superlative teaching manner that James Rosenbloom served as a lecturer Richard A. Zansitis presented a labor mixed rigor and warmth to the acclaim of genera­ in law during the winter quarter. A 1972 law course at the Law School as a lecturer tions of students. graduate of the Law School, Mr. in law during the autumn quarter. Since Rosenbloom is a founding partner of Gold­ 1985, Mr. Zansitis has been an attorney berg, Kohn, Bell, Black, Rosenbloom & with the Office of Legal Counsel at the Moritz, Ltd. where he has concentrated his University of Chicago and is currently the BIGELOW FELLOWS

in the area of real associate counsel. He is professional practice University's general The Harry A. Bigelow Teaching Fellows pro­ estate and finance. He is a active in the and Labor and regular faculty Litigation gram has been in existence at the law School member of the Law Institute and Law Sections of the American Practicing Employment for over forty years. Six fellows are appoint­ has lectured and as a Bar Association, the Commit­ participated panel particularly ed annually to design and implement a pro­ member at the Bar Association on tee on and Chicago Employee Rights Responsibili­ gram of tutorial instruction for first-year stu, various topics including REIT financing, ties, for which he has been management co­ dents. Fellows provide instruction in legal commercial and rela­ chair of its committee. He is also a leasing, tenant/lender program research, writing, and analysis. Through tions. He has co-authored a published arti­ member of the Chicago Bar Association, their guidance, students develop skill in cle on the of real estate documenta­ Council of the National subject Chicago Lawyers, writing memoranda and other legal docu­ tion in secured work loan Association of and corporate capital College University ments representative of a lawyer's regular transactions. He lecturer the American for joined Wayne Attorneys, Society Legal tasks. In the spring quarter, the students Gilmartin in a seminar on the the of American teaching History, Organization divide into teams to prepare briefs and argue fundamentals of commercial real estate and the American Historical Historians, an appellate case before a panel of faculty transactions. Association. judges. Bigelow fellows also serve informally

20 THE LAW S ( H 0 0 L R E ( 0 R D ------� ------as tutor-advisors and offer practice in the ZIMMERMAN GRANTED HONORARY DEGREE taking of examinations. The Bigelow Fellows for the 1997 �98 academic year are: Kari L. Aamot who is returning to the

Law School as a Fellow for a second year.

She received her B.A. magna cum laude in English and philosophy from St. Olaf College in Northfield, Minnesota, earning distinction in English and membership in Phi Beta Kappa. After a semester as a stu­ dent teacher of literature and writing at Taipei American School in Taiwan, Ms. Aamot entered the University of Minnesota Law School, where she was a legal writing instructor and an editor on the Law Review.

Following her graduation cum laude in 1995, she clerked for Judge Gary L Crippen of the Minnesota Court of Appeals. Her interests include law and literature, criminal law and procedure, and critical legal studies. Lisa Demsky received her B.A. in American studies at Stanford University in 1993, graduating with honors. At Stanford, Reinhard Zimmermann, a master scholar and civil low expert, received on honorary Doctor of lows degree dur­ Ms. Demsky served as editor-in-chief for a ing commencement ceremonies June 13. A professor of civil low, Roman low, and historical comparative low at literary publication on gender issues. She University of Regensburg, Zimmermann is considered one of the world's leading scholars of Roman low and com­ received her jD. from Yale Law School in parative legal history. 1996. While in law school, Ms. Demsky In a series of books and articles, most prominently The low of Obligations: Roman Foundations of the Civilian served as an editor on the Yale Journal of Law Tradition, he has explored and explained the importance of Roman low in the development of Western legal tradi­ and Humanities and on the Yale Journal of tion. Zimmermann was the Max Rheinstein Visiting Professor at the low School in 1993. Law and Feminism. She also served as direc­ tor for the Temporary Restraining Order

a clinical to Project, program designed help 1988, Mr. Rosen received a Shapell Grant, and was a president's fellow at Columbia battered women. After graduation, Ms. which supported 2� 1/2 years' study of talmudic University in the Department of Philosophy Demsky clerked for the Honorable Cynthia and comparative law. Mr. Rosen graduated where he earned his M.A. (1984) and M.PhiL Holcomb Hall of the U.S. Court of Appeals cum laude from Harvard Law School in 1993, (1991). Following law school, Mr. Silverman for the Ninth Circuit. Her interests include where he was an articles editor of the Harvard clerked for Judge Raymond J. Pettine of the First Amendment law, intellectual property, Law Review, and then clerked for the U.S. District Court for the District of Rhode evidence, and civil rights law. Honorable Bruce M. Selya of the United Island, received the Max Rheinstein T. received his A.B. summa John Parry States Court of Appeals for the First Circuit. Research Fellowship in Law and was a visit­ cum laude in from Princeton history University Since 1994, Mr. Rosen has been a commercial ing scholar at the Lehrstuhl fur Strafrecht, in 1986. a brief stint on Hill Following Capital litigator at the Boston firm of Foley, Hoag & Strafprozessrecht und Rechtsphilosophie at for his hometown he working congressman, Eliot. his primary areas of academic interest the Universitat Erlangen-Nurnberg. Since graduated magna cum laude in 1991 from are from in Mr. .. federal courts, land-use planning, intellec­ returning Europe 1991, Harvard Law where he was chair of School, tual property, the law of cyberspace, state and Silverman has practiced law on Cape Cod the Court Office of the Harvard Law Supreme local government, American Indian law, con­ where he has been active in environmental Review. After he clerked for graduation, Judge stitutional law, jurisprudence, comparative issues, serving as a member and chairman of James R. Browning of the U.S. Court of law, and Jewish law. the Cape Cod Commission (1993�1997), the for the Ninth Circuit and sev­ Appeals spent Gregory M. Silverman received his j.D. land use planning and regulatory agency for eral as a at Williams & years litigator Connolly from Columbia University School of Law in Barnstable County, and as a guest investigator in nc. Mr. interests Washington, Parry's 1987, where he was a Harlan Fiske Stone at the Marine Policy Center of the Woods include criminal federal law, torts, jurisdiction Scholar and senior revising editor on the Hole Oceanographic Institution. Mr. and and remedies. procedure, Columbia Law Review. Prior to attending law Silverman's research interests include the log­ Mark D. Rosen received a B.A. in eco­ school, Mr. Silverman received his A.B. from ical foundations of judicial proof, jurispru­ nomics and cum political science, magna laude, Vassar College, was a graduate fellow at the dence, as well as fisheries law and policy. He from Yale University in 1986. After complet­ Massachusetts Institute of Technology in the is currently completing his doctorate in phi­ ing his first year at Harvard Law School in Department of Linguistics and Philosophy, losophy from Columbia.

VOLUME 44, SPRING 1998 21 Douglas J. Sylvester graduated from the dinner engagements, ties, and tennis match­ GARRETT PRESENTED BEST University of Toronto in 1991 with a B.A. in es. An evening party at the home of Dean of TEACHING AWARD history. He received his J.D. in 1994 from Students Ellen Cosgrove '91 to watch the S.U.N.Y. at Buffalo Law School. Since 1994, last episode of "Seinfeld" went for $250. A Mr. Sylvester has attended New York copy of the Supreme Court brief for the University for his LL.M. and served as law Paula Jones case autographed by one of its clerk to Hon. C. Clyde Atkins, United principle authors, Professor David Strauss, States District Court Judge for the Southern brought in a cool $300. The highest bid of District of Florida. Mr. Sylvester has previ­ the night was the $500 shelled out for ous experience teaching legal research and Chicago Bulls tickets donated by Senior writing at Buffalo and St. Thomas Lecturer Andrew Rosenfield '78. (And for University Law Schools. His interests those keeping score: this year, to spend an include legal history, international law, and afternoon with Professor Cass Sunstein's conflicts of law. dog Bear will cost a lucky individual $80, that's $20 more than last year's winning bid.)

MOVING ON STUDENT NEWS Lawrence Lessig, professor of law, has resigned his position at the Law School. AWARDS Professor who the The received their Lessig, joined faculty 1991, following graduates Elizabeth Garrett, a well-known expert on the a at Harvard Law School. with Honors and were accepted position degrees Highest federal budget process, legislative procedures, A member of the Law School inducted into the Order of the Coif: Sandra faculty statutory interpretation, and federal income taxa­ since Mark Harold S. Glover and Robert N. Hochman. 1992, J. Ramseyer, J. tion, was the recipient of the Class of 1997 Award and Marion F. Green Professor of Law, The following graduates received their for Teaching Excellence. In accepting the award, a position at Harvard Law School. accepted degrees with High Honors and were induct­ Professor Garrett noted that "you can't be a good ed into the Order of the Coif: Christopher P. teacher without good students. We're lucky at Bowers, Andrew C. Finch, David L. Chicago because I think we have the best group of CHARITY AUCTION Franklin, David M. Gossett, Montgomery N. students in the country." Kosma, David A. Levin, Thomas B. Garrett is the sixth professor to be so honored One lucky bidder will be flying high in a Nachbar, Howard C. Nielson, Jr., Peter at the law School in a tradition that began in glider along side pilot Scott Moore '99-a Bowman Rutledge, and David T. Sobota. In 1992. Each year, recipients of the award are voted prize that raised $250 and helped net addition, Sally N. Abrahamson received her upon by the graduating class who honor the des­ $14,500 for the Law School's annual degree with Highest Honors. ignated faculty member at the annual Third-Year Charity Auction. This year, the six-year­ The received their dinner in June. old event introduced a couple of new fea­ following graduates with Honors and were inducted into tures: for the first time, proceeds raised will degrees the Order of the Coif: Nicholas benefit two organizations: the Chicago Law DiCrescenzo, Albert L. III, Thomas Foundation, a student-directed not-for­ Hogan Hess, Albert L. Hogan III, Victor Hollender, F. Hynes, Aras Lapinskas, Todd E. Molz, profit group that provides grants to law stu­ William B. Hunt, Richard M. Hynes, Nicole M. and Alison L. Pollock. dents seeking summer public service inter­ Pappas, Thomas F. Hynes, Marc A. Jenkins, Peter R. est opportunities, and the Woodlawn In addition, the following graduates also Kagan, Amit Kalra, Daniel B, Karpowitz, Foundation, a community service organiza­ received theiJ� degrees with Honors: Elmer Peter E, Kazanoff, Aras Lapinskas, Gregory tion based in Chicago's Woodlawn district. D. Abbo, Richard H. Acker, Asheesh R. Liberman, Karen E, Manfield, Nandini Over the past six years, the Auction has Agarwal, Timothy S. Bass, George C. Best, Mani, Michael C. Matheson, Todd E. Molz, raised over $70,000 to help various South Patricia L. Bonheyo, Gerald F. Brown, Amy John C. Momtazee, Megan M. Moshayedi, Side not-for-profit organizations. H. Candido, Michael D, Chambers, Chapin John C. Motley, Michael J. O'Connor, James In addition, this year marked the first F. Cimino, Katherine M. Clark, Sophie E. c. Oppenheimer, San W. Orr III, Nicole M. time alumni were invited to join students Clark, James E. Cocoros, Benjamin P. Pappas, Kathleen G. Philips, Joseph W. and faculty in bidding for the myriad of list­ Cooper, Ross E. Davies, Nicholas Pietrzyk, Jennifer B. Pohl, Alison L. Pollock, ed items. DiCrescenzo, Michael G. Doherty, Daniel L. Kevin R, Pryor, Joan Radovich, Ian D. However, one feature remained the same: Dominguez, Thomas H. Dupree, Jr., Kerry Roffman, Jennifer M. Rubin, Andrew F. Richard Epstein, the James Parker Hall A. Dziubek, Joseph M. Eandi, Michael A. Schmid, Rachel Schneider, Geoffrey D. Distinguished Service Professor of Law, kept Foley, Rebecca K. Glenberg, Michelle H. Semro, Margaret J. Simpson, Cheryl M. the proceedings (and the bidding) as lively Goose-Miller, Matthew M. Gosling, Jeffrey Stanton, Jon P. Tasso, Maureen F. Titler, as ever. A variety of tickets (airplane, sports, A. Greenblatt, Stephen C. Hackney, Amy Andrew J. Varner, Karl J. Wachter, Randee theater) were on the bill of fare as well as C. Hagen, Brent J. Hawkins, Kristofer W. J. Waldman, and John D. Wambold.

22 THE LAW S ( H 0 0 L R E ( 0 RD (URKSHIPS FOR THE 1997-98 TERM BARE BONES MUSICAL Forty-six Law School graduates have accept­ ed judicial clerkships for 1997-98, including three for the U.S. Supreme Court. For the Supreme Court: Carl Nichols '97 (Justice Thomas), Noel Francisco '97 (Justice Scalia), and Mary Rose Papandrea '97 (Justice Souter). For the U.S. Court of Appeals, D.c. Circuit: David Franklin '97 (Judge Williams) and Montgomery Kosma '97 (Judge Sentelle). For the Second Circuit: Miriam Halbauer '95 (Judge Oakes), Andrew Finch '97 (Judge Jacobs), and Sharon Swingle '96 (Judge Leval). For the Third Circuit: Benjamin Cooper '97 (Judge Scirica), Lisa Monaco '97 (Judge Roth), and Cheryl Stanton '97 (Judge Alito). For the Fourth Circuit: Howard Nielson '97 (Judge Luttig) and Bo Rutledge '97 a from the recent box office hit the law School Musical focused its attention on all (Judge Wilkenson). Taking tip "Boogie Nights," things '70s in its 1998 incarnation entitled Bedecked in various shades of and students For the Fifth Circuit: Thomas Dupree "Bigelow Nights." dayglo plaid, pre­ sented '70s versions of such law School favorites as Deans Baird and and Professors Currie and Craswell '97 (Judge Smith), Kristof Hess '97 (Judge Badger, (the latter even some accurate as interacted with characters with names like Dr. Jolly), Carol Jones '97 (Judge Davis), and sporting unnervingly muttonchops) they Econ and the Bi-Polar Girl. As lisa David Dean and Karen Manfield '97 (Judge Smith). pictured above, Swedenborg, Moody (as Baird), Andrea Miller, For the Sixth Circuit: Brian Brooks '94 Rachel Meyer join the chorus in proclaiming (in song, of course) "We love l & E." (Judge Boggs), J Clegg Ivey '97 (Judge Batchelder), and Asheesh Agarwal '97 (Judge Siler). Kristina Reynolds '97 (Judge S.D. FL), Liz Christopher C. Wang, comments editors. For the Seventh Circuit: Ross Davies '97 Heffernan (LL.M.) '97 (Judge Hart, N.D. The editorial board for The University of (Judge Wood), Sandra Glover '97 (Judge IL), and Matthew Prewitt '96 (Judge Sprizzo, Chicago Law School Roundtable includes: Posner), David Gossett '97 (Judge Wood), S.D. NY). Marcos Velayos, editor-in-chief; Linette Robert Hochman '97 (Judge Posner), Keith For the U.S. Court for International Hwu, executive editor; Carey Bartell, Sharfman '97 (Judge Easterbrook), and Tom Trade: Judith Wise '97 (Judge Rostani). senior articles editor; Kari Sanderson, senior Nachbar '97 (Judge Easterbrook). For the U.S. Tax Court: Victor interdisciplinary programs & topic access For the Eighth Circuit: Geoff Manne '97 Hollender '97 (Judge Beghe). editor; Lisa Scruggs, articles editor; Kevin (Judge Morris Arnold), Brad Huny '97 Poloncarz and Tyrone Rachel, interdiscipli­ (Judge Bowman), and Andrew Lloyd '97 EDITORS FOR THE 1997-98 ACADEMIC YEAR nary programs & topics access editors; (Judge Arnold). The Law School's three student-edited journals Amelia Cottrell, book review editor; Eric For the Ninth Circuit: Chris Bowers '97 are pleased to announce the 1997-98 managing Keppler, senior comments editor; Brad (Judge Rymer) and Todd Molz '97 (Judge boards of their respective publications. Voss, comments editor; and Matt Moran, Goodwin). The University of Chicago Law Review managing editor. For the Tenth Circuit: Diane Kuek '95 managing board for Volume 65 includes: The members of the editorial board for (Judge Ebel). Martin J.E. Arms, editor-in-chief; Sonja R. The University of Chicago Legal Forum are: For the U.S. District Courts: Trish West, executive editor; Israel E. Friedman, David Gordon, editor-in-chief; Joshua Bonheyo '97 (Judge Schwarzer, N.D. CA), C. Kevin Marshall, and Mary Beth B. Yount, executive editor; Ross Guberman, Andrew Heger '97 (Judge Kelleher, C.D. Young, articles editors; Sanford I Steve Hasegawa, John Sheahan, articles CA), Tina Kourasis '97 (Judge Kocoras, N.D. Weisburst, topics and comments editor; editors; Alan Schafer, symposium editor; IL), Emily Kuo '97 (Judge Quist, W.D. MI), Jane Elinor Notz, managing and book Laura Weinberg, public relations editor; Maren Lee '96 (Judge Bullock, M.D. NC), review editor; Gregory E. Ostfeld, produc­ Andrew Trask, senior comments editor; Ajit Pai '97 (Judge Feldman, E.D. LA), Noah tion editor; Elizabeth K. Derbes, Sonia K. Adam Biegel, Nicole McGinnis, and Tom Salamon '96 (Judge Messitte, MD), Jennifer Katyal, and Jennifer L. Keating, topic Page, comments editors; Tilda Cho, manag­ Rubin '97 (Judge Coar, N.D. IL), Chapin access editors; and Ashley S. Deeks, ing editor; and Bob King and Kevin Cimino '97 (Judge Ludwig, E.D. PA), Audrey M. Fried, Thomas A. Lambert, and Learned, associate editors. •

VOL U M E 4 4 I S P R I N G 1 9 9 8 23 Class Notes Section – REDACTED for issues of privacy

CLASS NOTES

awards to our former Law School trends on behalf of his own First (LASS OF given banking dean and now University provost Geof National Bank of Dwight. He aptly para­ Stone." Bob added that when the Law phrases Daniel Webster's words in the unfor­ Class Correspondent School Record arrives he turns first to our gettable Dartmouth College Case: "It's only Thelma Brook Simon Class Notes to get all the latest news of our a small 'bank' (college) but there are those of

3119 Wilmette Avenue classmates. us who love it."

Wilmette, Illinois 60091- 2925 In an academic vein, Tucker Dean, Equally practical is our Harold Kahan of Emeritus Professor of Law, of Cold Spring New York, for even though he and his The Class of '40 reports, as the old saying Harbor, NY, has on his "front burner" his Florence have taken short scenic trips, goes, "Some good news and some bad news." article lauding our deceased Professor Harold admits he is still only "flirting" with The sad news is that our Justice David Linn, Emeritus William Crossky's well-researched retirement. In contrast, your correspondent retired Justice of the Illinois Appellate interpretation of the U S. Constitution, has so many retirement interests she won­ Court, died this past summer. His public ser­ which Tucker believes would have elimi­ ders how she had time for her extended vice on the Illinois Constitutional Conven­ nated much litigation. legal career. tion, and his judicial service, first as judge in Ever mindful of our responsibility as Perhaps the major achievement of us sur­ the Divorce Division of the Circuit Court, alums for good government, Saul Stern of vivors of the Class of '40 is as Fred Ash of and then as Justice of the Illinois Appellate Montgomery County, Maryland, was the Dallas says, "We're coping." To which the Court since 1976, all reflected wisdom, com­ recipient of Maryland's Distinguished rest of us would add "with time's physical passion, and practicality, and was always Service Award presented by Governor inconveniences." devoid of arrogance. David's pattern of life Glendening. On a more light-hearted note, was a significant legacy to his wife Doris, his Saul and his wife Marcia were honored by a c LAS S o F family, and to us, his colleagues. fourth celebration of their 50th wedding The good news is that Dan Smith mar­ anniversary given by friends in different ried Carol Anderson in Tacoma, Washing­ parts of the country. Theodora Gordon was installed as the first ton. She and her now-deceased husband On the practical side, our retired Illinois woman president of the Decalogue Society had been friends for over 40 years with Dan Appellate Court Justice Leonard Hoffman of Lawyers during a ceremony held at and his wife Louise, who we recall died sud­ devotes his mind to the stock market and Chicago's Hyatt Regency Hotel on June 19. denly in 1995. They had all shared a host of good memories. We wish Dan and Carol our very best. More good news: "Hugh" Harsha and Joe Baer, two octogenarian retirees, are per­ petuating their youth by weekly golf games on the North Shore and continuing in Florida. Hugh admits, though, that nerther of them has yet "shot his age." The Harshas visited Sanibel this winter, and once again celebrated their annual family Christmas party at Ponta Vedra Beach. To perpetuate a youthful mind and keep out the cobwebs, Bob Cook never misses his regular bridge games at the Highland Park Senior Center. As the Masters say, "Let no one think that bridge is just a game." In his return phone call, Bob Yanda of Wittier, CA, reported he was "basking in the glory of our new Kane Center for Clinical Legal Education and in the glory of the

24 THE LAW S ( H 0 0 L R E ( 0 R 0 that our class has lost a member. Ann CLASS OF report Lee Delugach died suddenly on April 25, 1997, of complications from diabetes. After Prof. Sanford N. Katz was a visiting fellow our graduation, she was an assistant district at All Souls College, Oxford during the attorney in Fort Worth, Texas, and later Hilary and Trinity terms of 1997. Katz is a practiced in Memphis, her home. In recent Professor of Law at Boston College. years, she was a free-lance writer and owner of a bookshop. It particularly hurts us because she was C LAS S o F our good friend; indeed, she was Ann Lousin's roommate during law school and a On September 10, the Women's Bar frequent travel companion since then. We Association of Illinois presented its first shall miss her as one who loved law, books, Service Award to former WBAI president friends, and life. Charlotte Adelman in honor of her efforts in the recorded of the maintaining history CLASS OF association, including creating the WBAI archives at the Chicago Historical Society, writing and co-ordinating the publication Delos N. Lutton, shareholder at the of WBAI: The First 75 Years, and organizing Milwaukee law firm of Reinhart, Boerner, Convocation '97: Douglas M,Broom and his '97. con­ the oral histories of many of the associa­ Van Deuen, Norris & Rieselbach, was 196S daughter, Maurin M,Broom Maurin tion's members. elected the U.S. national vice-president of tinues the family connection with the University of Chicago as of the are uni­ Bruce D. Campbell was elected manag­ the UIU-International Association of eight members McBroom family graduates of the ing partner of Meyer, Darragh, Buckler, Lawyers. versity, three from the law School. Bebenek & Eck, P.L.L.c., in Pittsburgh. Arthur Peterson was re-elected president of the Alaska Legal Services Corporation, a statewide organization providing free civil law legal services to the indigent. Mr. Peterson regrets to report that his wife of 32 years, Carolyn Hobbs Peterson, died on May 17,1997.

CLASS OF

Robert McKee became "of counsel" to Schiff Hardin & Waite in its New York office.

CLASS OF

Charles Edwards teaches Real Estate Property Law at Chicago's John Marshall School of Law in their Masters of Real Estate Law program.

CLASS OF

Class Correspondents Ann Lousin and Celeste Hammond The John Marshall School of Law 315 South Plymouth Court Chicago, Illinois 60604

Your class agents regret deeply having to

28 THE LAW S ( H 0 0 L R E ( 0 R D and her Ellen dent of the Bar Foundation, spondent daughter (age Philadelphia CLASS OF twelve) visited Australia last summer. and oversaw record-setting fundraising While in Adelaide, they had dinner with efforts for thirty nonprofit organizations Alex Castles '57 and Tony Moore '70 who throughout the region. are members of the law faculty at Flinders John McLees joined the Chicago office After twelve years, Ann Bartsch resigned University in Adelaide. of Baker & McKenzie as a partner in the her position as the Oregon State Bar's Pro Tom Harding, who practices bond law firm's Latin America practice group. McLees Bono Administrator and the Oregon Law with Sales, Goodloe & Golden, has been was ranked as one of the leading advisors on Foundation's general counsel. appointed the "Official Pianist" for the Latin American tax matters in a poll of cor­ In October, Kathleen D. Koch was John Marshall Law School's Center for porate tax directors conducted by the appointed the chief of the Office of Equal Real Estate Law by the center's director, International Tax Review of London. Employment Opportunity Affairs. Koch is a Celeste w. Hammond '68. Lawrence Rosen, professor of anthropol­ 20-year veteran of the federal government ogy at Princeton University, was awarded his and most recently served as head of the institution's Distinguished Teaching Award United States Office of Special Counsel. CLASS OF for 1997. Rosen, who in addition serves as an

of law at Columbia Law adjunct professor CLASS OF On March 20, the Section of the Americas School, was also named a Phi Beta Kappa of the Friends World Committee for Visiting Scholar. Consultation (FWCC) re-elected Cincin­ Stuart Cohn left private practice to nati attorney Thomas C. Hill as presiding become vice-president and general counsel CLASS OF clerk and chair of its governing executive of Web Street Financial Group, Inc., the committee. The FWCC acts as the coordi­ parent company of Web Street Securities, nating body for Quakers worldwide, encour­ Gloria Phares joined the New York firm Inc., an on-line securities brokerage firm. aging discussion of differences in theological Patterson, Belknap, Webb & Tayler LLP as Stu was pleased to report that in its March approach and unity in religious testimonies. counsel. She practices in the areas of copy­ 16, 1998, cover story article on on-line bro­ Hill has served twelve years as a representa­ right, publishing, privacy and publicity, kers, Barron's ranked Web Street (still less tive to FWCC, originally appointed by the trademark, and trade dress counseling and than a year old) No.2 among all on-line Wilmington Yearly Meeting of Friends and litigation. brokerage firms. its 33 congregations in southwest Ohio and eastern Tennessee. T.J. Mullin received the 1997 Missouri Bar Association's Michael R. Roser Excel­ lence in Bankruptcy Practice Award at the MBA's annual meeting on September 19. This is the first time this award was pre­ sented to a lawyer who represents debtors exclusively.

CLASS OF

Mark Aronchick received the Community Legal Services' Champions Award at the Services' 1997 Breakfast of Champions last spring. This annual event, sponsored by the Philadelphia Trial Lawyers Association, brings together leaders of the surrounding community to recognize the important work of Community Legal Services and the key individuals who advance the cause of equal justice. Aronchick, a founding shareholder and a member of the board of directors for the Philadelphia firm Hangley Aronchick Segal & Pudlin, was recognized for his long career of service that included terms as vice­ chancellor of the Bar Association and presi-

VOLUME 44, SPRING 1998 31 IN MEMORIAM

The Law School Record notes with regret the deaths of:

Frank H. Detweiler '31 Ribicoff resigned the Cabinet post in 1962 to run for the Senate again. He won and was re-elected in 1968 and 1974. In the Senate, Frank Detweiler, a retired partner of Cravath, Swaine & Moore in he was known for his support for automobile safety standards, New York and long-time supporter of the Law School, died on Medicare, education and environmental regulations. January 28, 1997. Mr. Detweiler was born on May 20, 1908 in Aurora, Illinois. He later attended Dartmouth and received College, Elmer M. Heifetz '37 his Ph.B. from the University of Chicago in 1929 and his J.D. in 1931. He served as a trustee of the Community Service Society of Elmer M. Heifetz, former president of a Chicago insurance company New York and as a Law School Visiting Committee member from and long-time supporter of the Law School, died November 4. 1968-1976. Mr. Detweiler was a member of the advisory board of the Mr. Heifetz joined the Childs & Wood insurance agency in 1946 Edward E. Ford Foundation and a member of the distribution com­ as an insurance broker, rising to president. Later he was associated mittee of the New York Community Trust. with Rollins Hudig Hall of AON Corp., remaining with the compa­ ny as an independent broker until his death. He is survived by his Abraham A. RibicoH '33 wife, Harriet.

Abraham A. Ribicoff, a former U.S. senator and governor of Cameron Clark, Fellow Connecticut who served as secretary of health, education and welfare Bigelow in the Kennedy administration, died on February 22. He was 87. Former Fellow Cameron Clark, a partner Ribicoff, a Democrat, had a public service career that spanned more Bigelow Teaching litigating in the Manhattan-based law firm of Paul, Weiss, Rifkind, Wharton & than four decades. He began his career as a state legislator in the Garrison for more than two decades, died on 15. A native of Connecticut General Assembly and went on to serve as a judge, a January Boston, Clark was a of Harvard and the of congressman, governor of Connecticut, a member of Kennedy's graduate University Minnesota Law School. Mr. Clark Paul Weiss in 1970 and Cabinet, a member of the United States delegation to the United joined became a partner in 1977. He founded the firm's office in Nations and, for the last 18 years of his career, a U.S. senator. European Paris in 1979 and remained a leader of its international and As a senator, Ribicoff gained national prominence at the 1968 practice its bono after he returned to the New York office in 1984. Democratic National Convention, when he made a blistering pro practice speech criticizing Chicago Mayor Richard J. Daley for the strong-arm tactics used to control protesters. Friedrich Kessler, Professor of Law Ribicoff-born in New Britain, Conn., on April 9, 1910- began his political career in 1938, when he was elected to the Friedrich Kessler, a former professor at the Law School, Yale, and Connecticut General Assembly as a representative from Hartford. He UC Berkeley's Boalt Hall died on January 21 in Berkeley, California. served two terms, and in 1942, was appointed a municipal judge in He was 96. Hartford. Born in Hechingen, Germany, Prof. Kessler received his law In 1948, Ribicoff was elected to the U.S. House of degree from the University of Berlin in 1928. He was a research mem­ Representatives. He served two terms before running for the Senate ber of the Kaiser Institute of Foreign and International Law in Berlin in 1952. He lost that race by 29,000 votes to"Prescott S. Bush, the until 1934, when he and his wife, Eva, immigrated to the U.S. with father of former President George Bush. the help of a Rockefeller Foundation Fellowship. Ribicoff was elected governor of Connecticut in 1954. He was Though he spent most of his career at Yale, Professor Kessler elected to a second term in 1958, but resigned in 1961 to become a taught at the Law School from 1938 to 1947. He was an authority on member of Kennedy's Cabinet as HEW secretary. contracts, comparative law, and jurisprudence

46 THE LAW SCHOOL RECORD continued from page 45

following people tied the knot during sum­ mer and September: Tom Eggemeier, Shira Lefkowicz, Kim Covert, Kim Kamin, Mireya Castillo, Chapin Cimino, Michael Turbes, Jennifer Pohl, Christine 1927 1951 Sarudy, Jen Kleynenberg, Joan Radovich, and Dan and Maureen The Hon. Robert L. Hunter Marshall L. Lowenstein Dominquez ("Mo") Tider. July 28, 1997 December 4,1996 I can share the details about some of the Lester Reinwald The Hon. Edward Nakamura weddings. On June 14, 1997, Mireya June 9, 1997 September 11, 1997 Castillo married Doug Martin '95 at Adagio in Chicago. Attendees included 1929 1955 Sonia Gupta, Alison Pollock, Emily William H. Alexander Kim Covert then-fiancee Keith E. Manove, (with October 13, 1997 Fry Jim Cook), Joe Pietrzyk, and myself. Benjamin I. Greenebaum, Jr. October 30, 1997 Mireya and Doug enjoyed an Alaskan hon­ November 12,1996 eymoon in August and then returned to 1956 Chicago to work. On June 21, the same 1933 Lewis Ginsberg crowd traveled to Dayton, Ohio, to watch Robert H. O'Brien October3, 1997 Kim Covert marry Dr. Jim Cook. Randee October 6, 1997 Waldman and Mary Ellen Callahan were also in attendance. Dr. and Mrs. Cook then 1959 1934 drove directly to Washington, D.C., where Richard J. Schreiber William E. Gray Jim immediately began his residency and December 5, 1997 February 10, 1997 Kim began in the fall. On August 9, at Rockefeller Chapel in 1935 1964 Hyde Park, Dan Dominquez and Mo Tider were married. Lisa Monaco that the Charles B. Mahin William M. Lieber reports reception followed at the Drexel-Kenwood September 4, 1997 November 5, 1997 Mansion in Hyde Park. Attending from the Law School were Lisa, Miriam and Rob 1937 1965 Hochman, Ryan Victor, Kim Kamin, Hon. Ivan L. Holt Merle W. Loper Nandini Mani, and Jason and J en Canel. April 7, 1997 December 27, 1996 The very next day Shira Lefkowicz married college sweetheart Shawn in Orlando, 1938 Florida. The two will be moving to 1966 Phineas Indritz California where Shawn is in graduate Raymond S. Osherhoff October 15, 1997 school at Stanford University.

May 6,1997 So here it is: the first word on our class as 1940 official graduates of the Law School. Hon. David Linn 1974 Congratulations and a mutual sigh of relief

to all those who the bar last sum­ August 5, 1997 Yvonne P. Fonvielle completed mer. I saw many of you in Albany and every­ September 8, 1997 1942 one had that same look of shellshock when it was over. Until the next I all is Robert B. Hummel issue, hope 1979 well with you and please, PLEASE write me February 6, 1998 Kathryn Smith Matkov with information about your lives! Hon, Willard J. Lassers 1998 December 6, 1997 January 19, John D. Wambold has become associated with the Minneapolis firm of Lindquist & 1949 1984 Vennum P.L.L.P. He is a member of the LeMoine D. Stitt, Jr. Edward J. Lewis II firm's corporate law group, practicing in the 1997 June 17, August 17, 1997. areas of commercial and business law. •

VOL U M E 4 4 I S P R I N G 1 9 9 8 47 I m a rom ( o N v o N

48 THE LAW SCHOOL RECORD

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