Stanford FALL 2004 FALL Lawyer NEW DEAN TAKES CHARGE Larry D. Kramer brings fresh ideas, lots of energy, and a willingness to stir things up a bit. Remember Stanford... F rom his family’s apricot orchard in Los Altos Hills, young Thomas Hawley could see Hoover Tower and hear the cheers in Stanford Stadium. “In those days my heroes were John Brodie and Chuck Taylor,” he says, “and my most prized possessions were Big Game programs.” Thomas transferred from Wesleyan University to Stanford as a junior in and two years later enrolled in the Law School, where he met John Kaplan. “I took every course Professor Kaplan taught,” says Thomas. “He was a brilliant, often outrageous teacher, who employed humor in an attempt to drive the law into our not always receptive minds.” In choosing law, Thomas followed in the footsteps of his father, Melvin Hawley (L.L.B. ’), and both grandfathers. “I would have preferred to be a professional quarterback or an opera singer,” he says (he fell in love with opera while at Stanford-in-Italy), “and I might well have done so but for a complete lack of talent.” An estate planning attorney on the Monterey Peninsula, Thomas has advised hundreds of families how to make tax-wise decisions concerning the distribution of their estates. When he decided the time had come to sell his rustic Carmel cottage, he took his own advice and put the property in a charitable remainder trust instead, avoiding the capital gains tax he otherwise would have paid upon sale. When the trust terminates, one-half of it will go to Stanford Law School. “After taking care of loved ones, most people enjoy hearing they can save taxes and give back to those institutions that made their lives Above: Thomas Hart Hawley (A.B. History ’66, so much better,” says Thomas. “That’s one bit of advice I never tire of giving.” L.L.B. ’69) during his junior year at Stanford. Below: returning to his roots, Thomas now Thomas Hawley also is a recognized lecturer and author on estate planning. operates a small vineyard/winery in Carmel His amusing, down-to-earth book, The Artful Dodger’s Guide to Planning Your Valley under the Blue Heron label. Estate (published by Adams Media, Boston, February, ) is dedicated to the memory of John Kaplan. To learn more about bequests and gifts such as charitable remainder trusts and charitable annuities that pay income to donors, please contact us. Call us: Write us: ⁽⁾ - Frances C. Arrillaga Alumni Center ext - Galvez Street, Stanford, CA - or Email us: [email protected] ⁽⁾ - Visit our website: http://bequestsandtrusts.stanford.edu/ CONTENTS FALL 2004 VOL. 39 NO. 1 COVER STORY BRIEFS 10 FROM THE BIG 6 RECORD GIFT APPLE TO THE FARM Charles and Nancy Munger (BA ’52) Larry D. Kramer left New York donate $43.5 million to the school. University to become Stanford 6 SANDRA DAY O’CONNOR ’52 (BA ’50) Law School’s new dean. The 46- Supreme Court justice keynotes year-old constitutional scholar is Stanford commencement. respectful of the school’s past, but he’s not afraid to try new things. 6 SUPREME COURT CLERKS –By Eric Nee Four law school graduates clerk at the Court this term. 7 ENVIRONMENTAL INSTITUTE Law Professor Buzz Thompson JD/ FEATURES MBA ’76 (BA ’72) named codirector. 14 SUPREME COURT 7 DIRECTORS ’ COLLEGE Leading business lawyers and 18 CLINIC GOES THREE FOR THREE executives attend confab. Stanford Law School’s new 8 NEW VISITING FACULTY Supreme Court Litigation Clinic Noteworthy professors teach at is off to a fast start. Three of the law school in 2004–05. cert. petitions the clinic filed with 9 ALUMNUS RUNS FOR U.S. SENATE the Supreme Court last spring Eric Fingerhut ’84 runs for were granted, and a fourth is still Senate seat from Ohio. pending. That’s a record most law firms would envy. –By Judith Romero DEPARTMENTS 18 BLAZING TRAILS 2 LETTERS Rick West ’71 spent years 4 CITES championing Native American Insights from Professors Lawrence legal rights. Now he’s in charge Lessig and Joseph A. Grundfest ’78, 6 of the Smithsonian’s newest Slate columnist Dahlia Lithwick museum, the National Museum ’96, and others. of the American Indian. –By Jeff Birnbaum 5 FROM THE DEAN In his first column, Dean Larry D. Kramer writes about why he came 22 FACULTY REPORT to Stanford and his plans for the The intellectual life at Stanford law school. Law School was particularly vibrant this past year. We pres- 32 AFFIDAVIT ent a bibliography of the books, Professor Robert Weisberg ’79 scholarly articles, op-eds, briefs, says that the controversy over and other publications that fac- capital punishment will be with us ulty produced in the last year, for many years. along with profiles of five people 33 CLASSMATES who joined the faculty this sum- mer, and one faculty member 76 IN MEMORIAM who received tenure. 77 GATHERINGS- COVER PHOTO: GLENN MATSUMURA CONTENTS PHOTOS: (TOP TO BOTTOM) LUCIAN PERKINS, THE WASHINGTON POST; NATHANSON’S PHOTOGRAPHY; 14 MISHA BRUK stanfLawyerord Issue 70 / Vol. 39 / No. 1 Letters Editor Gay Marriage: Not So Fast ERIC NEE [email protected] wish to respond to Pamela Karlan’s Iarticle “Critics of Gay Marriage: Communications Director ANN DETHLEFSEN (BA ’81, MA ’83) ‘You’re Out!’” in the latest issue of [email protected] Stanford Lawyer [summer]. While her Art Director analogy to baseball was a clever means to R OBIN WEISS [email protected] help us rethink gay marriage, I objected to Karlan’s logic in drawing the conclu- Production Coordinator LINDA WILSON sion that “same-sex marriages are likely [email protected] to benefit rather than harm children, as Contributing Editor well as the adults who enter into them.” JUDITH ROMERO She compares [laws against] gay mar- upset the traditional marriage institu- [email protected] riage to banning blacks from professional tion by adopting same-sex marriage, we Class Correspondents baseball as perhaps just a tradition that should do a little better than Karlan does 62 CREATIVE ALUMNI needs to be overturned; implies that since in providing sound reasoning for such a Copy Editors so many heterosexuals change their mar- change. MANDY ERICKSON Kathryn Monson Latour ’90 NINA NOWAK riage partners that we shouldn’t “judge people’s relationships by appearances”; Oosterbeek, The Netherlands Editorial Intern JULIE GLASSER (BA ’ 04, MA ’ 05) implies that since children produced by gay couples are acquired in more costly Pam Karlan’s reply: Kathryn Monson Production Associates Latour’s letter seems addressed to an JOANNA MCCLEAN and cumbersome manners, gay couples MARY ANN RUNDELL somehow want their children more than article I never wrote. For example, I sug- gested that tradition without reflection Stanford Lawyer (ISSN 0585-0576) is published for heterosexual couples do; and lastly cites alumni and friends of Stanford Law School. social science evidence that children pro- is what Moneyball teaches us we should rethink, which hardly corresponds to her Correspondence and information should be sent to: duced by couples in gay relationships fair Editor, Stanford Lawyer just as well as those in traditional homes. claim that I proposed that same-sex mar- Stanford Law School riage should be embraced just because it Crown Quadrangle Irrespective of my personal views on 559 Nathan Abbott Way gay marriage, I take issue with Karlan goes against tradition. Similarly, Latour Stanford, CA 94305-8610 transformed my observations that the or to: because of her unsupported statements [email protected] and her bad conclusions. To say, for children of gay parents who went to great lengths through adoption, artificial Changes of address should be sent to: instance, that gay marriage should be [email protected] embraced just because it goes against insemination, or surrogacy to have a child are likely to enjoy the advantages that Copyright 2004 by the Board of Trustees of Leland tradition is to infer that all traditions Stanford Junior University. Reproduction in whole or in should be opposed regardless of their come to any child from being wanted part, without permission of the publisher, is prohibited. basis. Also, to suggest that heterosexuals into a charge that somehow she loves her Issues of the magazine since fall 1999 are available have no basis for objecting to a change children less because it was easy for her online at www.law.stanford.edu/alumni/lawyer. Issues to conceive. Finally, as from 1966 to the present are available on microfiche in the marriage institution just because it Stanford Lawyer through William S. Hein & Co., Inc., 1285 Main Street, is being misused by a handful of hetero- noted, the piece was originally pub- Buffalo, NY 14209-1987, or order online at www.wshein. lished as an op-ed in the New Orleans com/Catalog/Gut.asp?TitleNo=400830. sexuals is fallacious reasoning. As to the begatting of children, I have acquired five Times-Picayune. Given the limitations of Stanford Lawyer is listed in: Dialog’s Legal Resource the form, op-eds virtually never include Index and Current Law Index and LegalTrac (1980–94). children in the traditional way and object to anyone implying that I want or love citations, so I’m baffled at Latour’s criti- Printed on recycled paper my children less because it was easy for cism that I didn’t include any. If she is me to conceive. Last but not least, Karlan actually interested in the social science Stanford Lawyer welcomes letters from readers. data, I suggest that she consult, among Letters may be edited for length and clarity. fails to cite her social science evidence regarding the rearing of children but other sources, the working paper by my leaves it as a point of fact, unsupported colleague Michael Wald to which I refer: by names, dates, or reference.