GEORGETOWNFEATURE / A CHANGING WORLD LAW SPRING/SUMMER 2017
WORLD A CHANGING 5 / News: The Highlights
22 / Feature: Georgetown Law Responds to a Changing World
44 / Feature: Tech at Georgetown Law
60 / Campus: Our Faculty, Staff and Students
75 / Alumni: Leading the Way i Georgetown Law GEORGETOWN LAW Spring/Summer 2017
ANN W. PARKS Editor
BRENT FUTRELL Director of Design
INES HILDE Senior Designer
MIMI KOUMANELIS Executive Director of Communications
TANYA WEINBERG Director of Media Relations and Deputy Director of Communications
RICHARD SIMON Director of Web Communications
JACLYN DIAZ Communications and Social Media Manager
BEN PURSE Senior Video Producer
JERRY COOPER Communications Associate
MATTHEW F. CALISE Director of Alumni Affairs
JANE AIKEN Vice President for Strategic Development and External Affairs
WILLIAM M. TREANOR Dean of the Law Center Executive Vice President, Law Center Affairs
Cover design: INES HILDE
Contact:
Editor, Georgetown Law Georgetown University Law Center 600 New Jersey Avenue, N.W. Washington, D.C. 20001 [email protected]
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Georgetown Law magazine is on the Law Center’s website at www.law.georgetown.edu
Copyright © 2017, Georgetown University Law Center. All rights reserved. “Whatever your passion is, pursue that.” Justice Ruth Bader Ginsburg
2017 Spring/Summer 1 INSIDE
/ 10 / 14 Custodians of the Constitution: A Conversation with Khizr Khan IIEL Celebrates Black History Month As Professor Neal Katyal notes, it often takes an immigrant Our Institute of International Economic Law welcomes new to teach us about America. members of the Congressional Black Caucus.
/ 16 / 18 Making History: Avril Haines (L’01) Supreme Court Win Haines, a 2017 Alumnae Award winner, talks about her Professor Brian Wolfman, students in his new Appellate government service in the national security arena. Courts Immersion Clinic and his research assistant — a special-education advocate — all win big in Endrew F. v. Douglas County School District.
2 Georgetown Law \ INSIDE
/ 22 / 44 A Changing World Tech at Georgetown Law In these times of transition, understanding the law is more A new Institute for Technology Law & Policy, with Executive important than ever. Director Alexandra Reeve Givens, adds to an already stellar fleet of tech initiatives.
04/ Thoughts from the Dean
05/ News
22/ Feature: A Changing World
44/ Feature: Tech at Georgetown Law
60/ Campus
75/ Alumni
90/ Class Notes
/ 61 Construction Notes Professor Wally Mlyniec (L’70) is making a name for himself through writing — about Washington, D.C.’s Capitol Crossing project.
2017 Spring/Summer 3 NEWSTHOUGHTS / CONVINCING FROM THE DEAN EVIDENCE \
A Changing World
ith the change in presidential Wadministrations that split the 2016- 2017 academic year, politics in Wash- ington is moving at a pace never before seen in our lifetimes. Every week, every day — sometimes in a matter of hours — a new set of legal issues takes promi- nence in the headlines and in the nation’s consciousness, issues that require clearheaded, principled legal discourse from all points on the political spectrum. As a legal historian, I have certainly never seen anything like it. But what strikes me as an observer is that the same unique character- istics that have always attracted the most talented students to Georgetown Law — academic rigor, Washington, D.C., location, commitment to social justice — are the same qualities that are propelling members of our community to the forefront today. Whether they are opining on the constitutionality of the travel ban, testifying before Congress on health care, fighting for the disadvantaged through organizations like the ACLU, outlining the credentials of a Supreme Court nominee or working in Con- gress to fight for clean air and clean water, our faculty, alumni and students are taking center stage. I am proud that we can provide Georgetown Law students with the opportunity to be where the action is, not just geographically but at the highest professional and intellectual levels. Every day, our longstand- ing commitment to public service is showing itself: through students working on briefs and arguments in our clinics, alumni working to get clients through the nation’s airports or faculty inspired to action by something that showed up on their Twitter feed that day. In the inaugural issue of our newly designed alumni maga- zine, we will provide a glimpse of our changing world through the eyes of the Georgetown Law community members who are working through these changes: in health care, the envi- ronment, national security, immigration, the courts and more. In this, we are all interconnected; we are all stakeholders in the future of our country and the world.
William M. Treanor Dean of the Law Center Executive Vice President, Law Center Affairs
4 Georgetown Law / NEWS
IMMIGRATION #DOJustice
Georgetown Law students rally in front of the Department of Justice to protest the travel ban. INES HILDE
2017 Spring/Summer 5 NEWS / CONVINCING EVIDENCE
SUPREME COURT Ginsburg to New Students: Pursue Your Passion
Advice for law students starting their careers? Help those less fortunate, and take advantage of what law school has to offer. “I hope while you are in law school, you will think about what it is you really care about,” Ginsburg said.
ost law students — or practicing lawyers for that mat- tual respect endured through a shared love of opera, a sense of ter — would consider themselves lucky to encounter humor and a determination to get their judicial opinions as good a Supreme Court justice during the course of their as they could possibly be. Mcareers. For several hundred incoming Georgetown Law students, “Whenever I wrote for the Court and received a Scalia dissent, this happened on their fifth or sixth day of law school. the majority opinion ultimately released was clearer and more Justice Ruth Bader Ginsburg came to the Law Center on convincing than my initial circulation,” she said. “Justice Scalia September 7 as the Distinguished Lecturer to the Incoming honed in on all the soft spots and energized me to strengthen the Class, addressing more than 300 J.D. and LL.M. students in Hart Court’s decision.” Auditorium. Advice for law students starting their careers? Help those less “The excitement in this community in anticipation of this fortunate, and take advantage of what law school has to offer. “I talk has been great,” said Georgetown Law Dean William M. hope while you are in law school, you will think about what it is Treanor, as he introduced Ginsburg. “When I announced [at you really care about,” Ginsburg said. “Is it the environment? Is Orientation] that Justice Ginsburg would be speaking to you here it [fighting] discrimination? Is it the way we run our elections? today…there was an audible gasp, and then wild applause.” Whatever your passion is, pursue that.” Ginsburg spoke of her 23-year friendship with the late Justice Antonin Scalia. Though the pair would differ as judges, their mu- Photo Credit: Bill Petros
6 Georgetown Law CONVINCING EVIDENCE \ NEWS
SOCIAL JUSTICE Evan Wolfson Delivers 2016-2017 Hart Lecture
n 1983, Evan Wolfson — who would later In his lecture, entitled “The Freedom to Marry become the founder and president of Win: Transformation and Triumph to Celebrate, Freedom to Marry — published a paper as a Lessons to Adapt and Apply,” Wolfson, now a Istudent at Harvard Law entitled “Samesex Mar- Distinguished Visitor from Practice at the Law riage and Morality: The Human Rights Vision of Center, described how he was able to add four key the Constitution.” Wolfson’s paper asserted that ingredients to this initial vision. He needed the same-sex couples should have the freedom to marry, Constitution, for starters. But to go from Baker v. a prospect that was then so unlikely that more than Nelson — in which the Supreme Court in 1972 dis- one professor declined to supervise his work. Treanor, in fact, not only missed a challenge to a state same-sex marriage ban The paper also asserted that same-sex couples did most of the typing — to Obergefell in 2015, Wolfson would also need a should fight for the freedom to marry, at a time — on a typewriter shaky movement, a strategy and a campaign. when attempts at litigation had been unsuccessful in even by 1983 standards “We understood, and learned early on, that the courts for more than a decade. The country was — he also delivered the winning through the law, and indeed changing the simply not ready. And for his efforts, the young law historic paper to the law, were the key,” he told the audience gathered on student received only a B. registrar. the 12th floor of Gewirz Student Center. “The way Flash forward to 2015, when Justice Anthony we would do that was not going to be centered in a Photo Credit: Bill Petros Kennedy would echo points Wolfson made in question of doctrine, or litigation, or the method- that 1983 paper in the Supreme Court’s majority ology of engaging the law alone. In order to win in opinion in Obergefell v. Hodges, guaranteeing same- the law, we needed all the rest.” sex couples a right to marry. “He knew that it was And as for that grade? While Wolfson’s paper is possible,” said Georgetown Law Dean William M. widely known for serving as a roadmap to victory, Treanor — who along with Associate Dean Joshua what may not be commonly known is the role that Teitelbaum introduced Wolfson at the 2016-2017 Dean Treanor played in the story. Treanor, in fact, Hart Lecture on September 28. “He dedicated not only did most of the typing — on a typewriter himself to it, and the world has changed in large shaky even by 1983 standards — he also delivered part because of his vision.” the historic paper to the registrar. “The B,” Wolfson told the audience, “I can only ascribe to the typing.”
2017 Spring/Summer 7 NEWS / CONVINCING EVIDENCE
CENTERS AND INSTITUTES TECHNOLOGY Meeting Michelle Obama National Bank Charters
Rebecca Epstein, executive director of the Georgetown Center on Poverty and In- Available for Fintech equality (fourth from right) appeared at a White House event with former First Lady Companies, Curry Says Michelle Obama in 2016. Epstein participated as a plenary speaker at the United State of Women Summit, to discuss a new national platform for marginalized girls. The Office of the Comptroller (OCC) will move forward with plans to make special-purpose national charters available to financial technology companies offering bank products and services, Comptroller of the Cur- rency Thomas J. Curry announced at the Law Center on December 2. Curry’s remarks, hosted by Georgetown Law’s Institute of International Economic Law, were followed by a conversation between Curry and the Institute’s director, Professor Chris Brummer, regarding the details of the plan — including how many institutions might be involved and how they might be evaluated. The announcement followed the release of an OCC publication outlining the relevant issues and seeking comments from interested parties. “A little bit of regulatory history is going to be made SUPREME COURT today at Georgetown,” Brummer said. “Week One” Having clear standards for fintechs to become national banks ensures that regulators and companies Students in Adjunct Professor Mary Hartnett’s “Week One” class on “Supreme openly vet risks, Curry said. “It will be much better for Court Topics: The Role of Dissenting Opinions” had a double treat on the evening of the health of the federal banking system and everyone Tuesday, January 10 — when Justice Ruth Bader Ginsburg made a surprise guest who relies on those institutions, if these companies appearance in class and then stayed with the students to watch President Obama’s enter the system through a clearly marked front gate, Farewell Address to the Nation. Hartnett, of course, is one of RBG’s authorized biog- rather than through some back door.” raphers along with Professor Emerita Wendy W. Williams.
8 Georgetown Law CONVINCING EVIDENCE \ NEWS
GLOBAL Institute of International Economic Law Hosts Europe After Brexit
The U.K.’s decision to withdraw from the European Union — commonly known as “Brexit” — was one of the top stories of 2016, in part due to the “sheer unexpectedness of it all,” according to Georgetown Law Professor Chris Brummer. So Brummer, the faculty director of Georgetown Law’s Institute of International Economic Law, convened a panel of European ambas- BREXIT sadors at the Law Center on October 17 to help U.S. and international lawyers, law students and media alike understand the drivers behind the decision and what it means for the United States as well as for the E.U.
NATION Leading the Charge
“In some ways,” National Public Radio’s Carrie Johnson noted in March, “Cole has spent his life preparing for this job at this moment.” It was a perfect description of Professor David Cole, who appeared on NPR’s “All Things Considered” in a piece called “ACLU Lawyer Sits At Heart of Legal Resistance to Trump Agenda.” In January, Cole became the national legal director of the American Civil Liberties Union, taking leave from Georgetown Law to carry out the role. The George J. Mitchell Professor in Law and Public Policy, Cole has received many awards for his human rights work and his writing. In his 2016 book, Engines of Liberty — The Power of Citizen Activists to Make Constitutional Law, Cole argues that it is not the decisions of justices that drive constitutional change, but the efforts of ordinary citizens, working in association with civil society organi- zations such as the ACLU.
“A little bit of regulatory history is going to be made today at Georgetown.” — Professor Chris Brummer
2017 Spring/Summer 9 NEWS / CONVINCING EVIDENCE
U.S. CONSTITUTION Custodians of the Constitution: A Conversation with Khizr Khan As Professor Neal Katyal notes, it often takes an immigrant to teach us about America.
n the words of Georgetown In the days following his speech, “You are the He was compelled to wave the Law Professor Neal Katyal — Khan said, he received many custodians Constitution, he said, in response the former acting U.S. solicitor messages of support from lawyers [of the to the children of immigrant family Igeneral — it often takes an immigrant Constitution] and scholars. But one stood out: and friends who are afraid of being who will move to teach us about America. That was an e-mail from Katyal, the son of deported and are bullied in schools true on October 6, when the Law forward, who Indian immigrants. “When you because of their status. Because of Center community welcomed Paki- will stand reach out to somebody, show that Khan, children and many adults in stani-American lawyer Khizr Khan firm, if ever you care,” Khan said. “It makes a to campus for an event hosted by four there came America now want their own copies student groups: the Student Bar Asso- difference.” a time that of the Constitution to read. ciation, Georgetown Law Democrats, Khan recalled how, in Chica- our values are “You are the custodians [of the Muslim Law Students Association go, he met a despondent refugee challenged…” the Constitution] who will move and the Georgetown Student Chapter woman from Syria who needed forward, who will stand firm, if of the American Constitution Society. help. Khan took her to a meeting of ever there came a time that our Khan — the father of the late the Chicago Bar Association, where values are challenged…” he told the U.S. Army Captain Humayun a roomful of lawyers immediately audience. “This is the best place on Khan, killed in the Iraq War in stood up to volunteer. “She said…, earth, its laws, its legal system, its 2004 — is the man who produced ‘at that moment, when they came democratic institutions. This nation, his pocket copy of the Constitution forward…I arrived in the United we are a testament to that.” at the 2016 Democratic National States,’” Khan said. “‘This is the Convention, his wife Ghazala at his dream I have had of this country, Photo Credit: (left) Brent Futrell; (right) VOA/Wikimedia side. “It takes a special act of brav- this is the way I used to think of this ery to stand up for the Constitution, country. These are great people that because the Constitution, after all, help the rest of the world.’” isn’t political,” said Katyal.
10 Georgetown Law CONVINCING EVIDENCE \ NEWS
HEALTH JUSTICE ALLIANCE A More Holistic Approach to Those in Need Georgetown Law and Med Students Join Forces to Help Disadvantaged D.C. Residents.
hile treating a patient ship, and underscored the need to attorneys, doctors, nurses and other recently, Eileen Moore, address the social determinants of professionals to achieve greater so- M.D., associate dean for health,” Moore says. cial and health justice and improve communityW education and advocacy Despite their best efforts, phy- the health and wellbeing of children at Georgetown University School of sicians and students are frequently and families by identifying the legal Medicine, found herself frustrated frustrated when legal hurdles needs of Georgetown University that the patient’s asthma continued to interfere with their ability to care health clinic patients. The first class worsen. for their patients. To help overcome “I was close to enroll both medical and law “I was close to sending her to such obstacles, faculty from George- to sending students started this past fall. In the the ER when I asked to see where town Law and the Georgetown her to the ER alliance’s third year, a new law clinic she lived,” says Moore. “In place University School of Medicine when I asked will train students to provide free le- of glass in her window, there was signed a formal agreement No- to see where gal services to low-income patients. cardboard — and it was freez- vember 8 to form the Georgetown she lived,” “Law students are very in- ing outside. The conditions were says Moore. University Health Justice Alliance. terested in becoming part of the horrible.” “In place of The alliance is intended to help treatment team as advocates of While Moore’s experience glass in her Georgetown medical students work health entitlements that are already illustrated the limits of medi- window, there with their counterparts at the Law established but are frequently cal professionals who work with was cardboard Center to serve the most disadvan- ignored or misunderstood,” says disadvantaged patients in D.C., it — and it was taged D.C. area residents. Both Georgetown Law Professor Vicki also identified an opportunity for freezing outside. campuses recognize that collabora- The conditions Girard, a co-director of the new collaboration. After Moore asked an tion offers a more holistic approach were horrible.” Health Justice Alliance. attorney friend to send a letter on to those in need. the patient’s behalf, the window was The medical-legal partnership Photo Credit: Phil Humnicky/Georgetown quickly repaired. University will establish classes to train and “That spoke clearly of the mobilize the next generation of power of a medical-legal partner-
2017 Spring/Summer 11 NEWS / CONVINCING EVIDENCE
Fifteen Georgetown Law Alumni in 115th Congress
hether you voted “I’m With Her” or sought to “Make America Great Again”W in the 2016 elections, you could certainly be proud of George- town Law alumni, who are well rep- resented in the 115th United States Congress. Two Georgetown Law alumni — John Faso (L’79)(R-N.Y.) and Francis Rooney (C’75, L’78) (R-Fla.) — were newly elected to the U.S. House of Representatives, bring- ing the total number of Law Center Leahy, who was graduates serving in Congress to 15; first elected Georgetown Law Professor and D.C. in 1975, is the Delegate Eleanor Holmes Norton also longest serving won re-election. member of the current Senate Chris Van Hollen (L’90)(D-Md.), and the fifth who has served in the House of longest serving Representatives since 2003, has senator in been elected to the Senate. He joins U.S. history; incumbents Dick Durbin (F’66, Hoyer, who was L’69)(D-Ill.), Rep. Mazie Hirono Newsmakers ment,” wrote Robart, who sits elected in 1981, (L’78) (D-Hawaii), Patrick Leahy on the U.S. District Court for the is serving his (L’64, H’94) (D-Vt.) and Dan Sulli- udge James L. Robart (L’73) Western District of Washington. 18th term in the van (L’93, MSFS’93)(R-Alaska). made headlines in early Febru- “The work of the court is not to House. Law Center graduates re-elected ary when he granted the State create policy or judge the wisdom to the House include David Cicilline of Washington and State of of any particular policy promoted Minnesota’s emergency motion for (L’86)(D-R.I.), Barbara Com- a temporary restraining order in the by the other two branches. That stock (L’86)(R-Va.), John Delaney case of State of Washington v. Trump. is the work of the legislative and (L’88)(D-Md.), Lois Frankel, L’73 The states sought declaratory relief executive branches and of the citi- (D-Fla.), Ann McLane Kuster (L’84) invalidating portions of the Executive zens of this country who ultimately (D-N.H.), Ted Lieu (L’94)(D-Calif.), Order of January 27, 2017, entitled exercise democratic control over Peter Visclosky (LL.M.’82)(D-Ind.) “Protecting the Nation from For- those branches. The work of the and Steny Hoyer (L’66)(D-Md.) eign Terrorist Entry into the United Judiciary, and this court, is limited Five is the highest number of States” and an order enjoining the to ensuring that the actions taken Georgetown Law alumni to serve in federal defendants from enforcing by the other two branches comport the Senate in a particular session of those portions of the Executive Order. with our country’s laws, and more Congress; five alumni senators also “Fundamental to the work of importantly, our Constitution.” served in the 114th Congress and this court is a vigilant recognition the 111th Congress. that it is but one of three equal Photos above: Rally at the White House branches of our federal govern- against Muslim ban, January 29, 2017. Credit: Amy Pratt/Wikimedia
12 Georgetown Law SUPREME COURT “As a former Supreme Court The report argues that police Georgetown Law Alumni law clerk myself, I’m so pleased for use of face recognition will adverse- as Supreme Court Clerks the wonderful opportunity Betsy ly impact African Americans. A and Tiffany are getting this year,” 2012 study found that face recog- wo graduates of Georgetown said Professor Eloise Pasachoff, who nition is less accurate on African Law’s Evening Program, now chairs the school’s Clerkship Americans, who are likely overen- Betsy Henthorne (L’14) and Committee and who once clerked rolled in mug shot-based systems as TTiffany Wright (L’13), clerked on the Supreme Court during the October for Justice Sonia Sotomayor in the a result of racial disparities in arrest 2016 Term: Henthorne, for Justice October 2009 Term, her first on “The report by rates. Yet the report reveals that Elena Kagan; Wright, for Justice the Supreme Court. “It’s a privilege Georgetown police advertise the technology as Sonia Sotomayor. to be able to assist the justices with Law’s Center being blind to race — and that two Henthorne, a 2006 graduate their work.” on Privacy and major face recognition companies of Brown University, previously Technology do not test for bias. clerked for Judge Sri Srinivasan of shows that Co-author Clare Garvie (L’15), REPORT the U.S. Court of Appeals for the there are some a Center Associate who led records District of Columbia Circuit and Half of All American concerns with requests to more than 100 law en- how facial Judge Gregory H. Woods of the Adults are in a Police Face forcement agencies, asserts that face recognition U.S. District Court for the Southern Recognition Database recognition requires strict oversight. technology District of New York. Wright, a But with only a few exceptions, is being 2003 graduate of the University of alf of American adults “there are no laws governing police — more than 117 million deployed by law Maryland, previously clerked for use of the technology, no stan- people — are in a law en- enforcement,” Judge David S. Tatel of the U.S. dards ensuring its accuracy and no Hforcement face recognition network, Franken said. “I Court of Appeals for the D.C. Cir- systems checking for bias.” [For an according to a report released Octo- will be pressing interview with Garvie, see page 52.] cuit and Judge Royce C. Lambert ber 18 by the Center on Privacy & for answers of the U.S. District Court for the Technology. “The Perpetual Line-Up: on how the The report has spurred calls for District of Columbia. Unregulated Police Face Recognition government oversight from leaders including Georgetown Law Dean William in America” finds that one in four law uses this Senator Al Franken (D.-Minn.), M. Treanor said that the graduates’ enforcement agencies can access face technology Ranking Member of the U.S. and exploring achievements reflect the strength of recognition and that its use is almost Senate Judiciary Subcommittee on ways we can the school’s evening program as well completely unregulated. The study, Privacy, Technology and the Law. ensure that law as its clerkship program. “From our along with more than 17,000 pages “The report by Georgetown enforcement inception in 1870, we were a school of documents, is available at www. Law’s Center on Privacy and Tech- perpetuallineup.org. strikes the right about opening doors; many of our nology shows that there are some “Innocent people don’t belong balance.” students worked in Washington, concerns with how facial recogni- in criminal databases,” says Exec- D.C., during the day,” he said. tion technology is being deployed utive Director Alvaro Bedoya, who Jeffrey Shulman (L’05), the by law enforcement,” Franken said. co-authored the report. “By using director of the Evening Program — “I will be pressing for answers on face recognition to scan the faces who is a 2005 cum laude graduate of how the government uses this tech- on 26 states’ driver’s license and the program — called Henthorne nology and exploring ways we can ID photos, police and the FBI have and Wright “two wonderful illustra- ensure that law enforcement strikes basically enrolled half of all adults tions of the kind of students” who the right balance.” in a massive virtual line-up. This are attracted to the program. has never been done for fingerprints “Their outstanding achieve- or DNA. It’s uncharted and frankly ments are ample testimony to dangerous territory.” just how formidable the evening students are and what a pathway to success the evening program can be!” said Shulman. 2017 Spring/Summer 13 NEWS / CONVINCING EVIDENCE
CONGRESS IIEL Celebrates Black History Month Our Institute of International Economic Law welcomes new members of the Congressional Black Caucus.
ince the year 1789, more than Rep. Lisa Blunt Rochester (D-Del.) Professor Chris Brummer, faculty 12,000 people have served in the spoke of her membership on the House director of IIEL, called the evening an U.S. Congress — yet less than 200 Education and the Workforce, and Ag- opportunity to encourage communications SAfrican Americans have been elected to riculture committees. “There’s nothing and honor “our future history makers.” Congress since 1870, noted Rep. Anthony more important right now as we look “Right now in our country is a conver- Brown (D-Md.) at a reception at George- toward the future than the education of sation about economics, about regulation, town Law to honor new members of the our children, of those who are in jobs now and about how these things are supposed Congressional Black Caucus (CBC) and who need more skills,” she said. “As we to fit in our community…” Brummer said. celebrate Black History Month. look to the future, I’m happy to be on that “It requires you — along with folks from The February 15 event was hosted by committee.” the academy, the regulatory community, Georgetown’s Institute of International Blunt Rochester displayed a scarf print- from the private sector — to help develop Economic Law (IIEL) and Financial Ser- ed with the image of an historic document a narrative and to help explain in clear vices Professionals (FSP). that allowed her great-great grandfather to terms what you are doing, and what the “Whether our families came here gen- vote. “I carry this with me…to remember debate down the street is about.” erations ago under duress and threat and how far we have come,” she said. enslavement, or whether our families came Rep. Val Demings (D-Fla.) said she Photo Credit: Bill Petros here just last year voluntarily [with] free was honored to serve in Congress. “When will…we have made this country great…” we talk about the American Dream, I Brown said. stand before you as an American Dream realized,” she said.
14 Georgetown Law CONVINCING EVIDENCE \ NEWS
SOCIAL JUSTICE Professor Abbe Smith’s Case of a Lifetime: The Final Chapter
eaders of Abbe Smith’s book In December 2016, more than 40 years has resided and worked at the Franciscan Case of a Lifetime: A Criminal after the crime that would shape the desti- Missionary Sisters of the Sacred Heart, Defense Lawyer’s Story (Palgrave nies of both women, New York Governor caring for ill and elderly nuns. With this RMacMillan, 2008) know the story of this Andrew M. Cuomo granted a pardon to pardon, she plans to attend nursing school Georgetown Law professor’s career-long Jarrett, now 64. The petition, of course, and obtain a nursing license to expand her defense of a woman imprisoned for more was drafted by Smith. employment opportunities. than 28 years. Smith first met Patsy Kelly “I have been a criminal lawyer since “Clemency is meant for the most ex- Jarrett, then 29, in a New York prison in graduating from law school in 1982,” traordinary and deserving individuals that 1980 when Smith was a 24-year-old law Smith wrote as she told Jarrett’s story and dedicate their lives to the greater good,” student at New York University and Jarrett her own. “First I was a public defender, said Smith, who directs the Criminal was serving a life sentence, convicted as an working to ensure that what happened Defense & Prisoner Advocacy Clinic at accomplice in the murder of a gas station to Kelly did not happen to anyone else. Georgetown Law. “After spending nearly attendant. Then I became a criminal law professor, 30 years in prison, Patsy Kelly Jarrett has The murder was committed by Jarrett’s teaching students about people like Kelly continued to live a life of service on the acquaintance during a road trip in the who get caught up in the system…Kel- outside. Everyone whose life she touches summer of 1973, and Jarrett never ly’s case, my very first, remains the most is the better for it. I could not be more wavered in her assertion that she was not haunting miscarriage of justice I have ever grateful to Governor Cuomo for exercis- present at the scene. After Smith became encountered.” ing his executive power for such a worthy her lawyer, Jarrett was offered a plea deal Throughout her long incarceration, person.” twice — and against Smith’s advice, she Jarrett worked in the prison infirmary turned both deals down, refusing to admit as a caretaker for terminally ill inmates Photo Credit: (left) Liza Wallis Margulies; (right) Courtesy of Kelly Jarrett to a crime she did not commit. suffering from AIDS and cancer. Since her release on parole in June 2005, she 2017 Spring/Summer 15 NEWS / CONVINCING EVIDENCE
Making History: Avril Haines (L’01)
needs to deal with. There are more than enough issues to fill every moment of your day…really trying to figure out where you can add value and what you can do that’s going to be critical to the national security of the United States.
What are the biggest threats to national secu- rity right now? One of the greatest threats that we are facing right now is turning inward. I have grave concerns about the United States pulling back from the international community and not exercising the role of leadership that we’ve done in the past. There is simply no way for us to address the threats that we face, that any country faces, alone. We are dealing with pandemics that could be on our shores within a few weeks, we can deal with cyberattacks from around the world, we have n her twenties, Avril Haines (L’01) was a physics Every institution counterterrorism issues that are fostered in places major running a bookstore café in the eclectic I’ve been a part of far from our shores. It’s absolutely necessary that we Fell’s Point neighborhood of Baltimore. She saw [has been] better help other countries manage these threats that they Ilaw school at Georgetown as a means to help her local for diversity…it are facing where they initiate, before they come to business community. But an interest in international the United States. law and human rights led her to a government career gives you a better culminating (so far) in roles as deputy national security understanding of What is the value of studying national securi- adviser and deputy director of the Central Intelligence the world and as a ty law here at Georgetown right now? Agency during the Obama Administration. Haines consequence you This is an incredibly important time to go into public came to Georgetown Law in February to accept a are better able to service and I hope that many more Georgetown grad- 2017 Alumnae Award and to participate in a discus- understand and uates do so. You may not be the next Mother Teresa or sion on the future of national security and immigra- Mandela or the figure that changes the world, but all address the national tion. (See page 81). In between, she sat down with the little pieces that you effect in the context of public security problems. Georgetown Law; excerpts of the interview follow. service are what makes history for the next generation. I’ve seen how many Georgetown graduates across the Describe your former role as Deputy National U.S. government have made their imprint in so many Security Adviser. different ways…and it makes an enormous differ- It’s a very interesting position. You tend to work ridicu- ence. There are so many important problems that we lously long hours and you feel a sense of enormous re- deal with on a day-to-day basis in the United States sponsibility related to…making sure that the president government. has information to make the decisions that he needs to make. The people are quite amazing and the position Any advice to women graduates going into is one where you get to deal with fascinating issues. But national security? it’s a long day. Every institution I’ve been a part of [has been] better for diversity…it gives you a better understanding Did you feel a responsibility to keep the coun- of the world and as a consequence you are better try safe? able to understand and address the national security Absolutely…the hardest part about it is prioritizing problems. It is also critical to representing the United your time and figuring out what is the most critical States…having different people at the table makes for issue that you need to deal with and the president different decisions. They add to the solution you are
16 Georgetown Law ultimately creating. They have different views, they One of the great Do you have a President Obama story? can spot problems that you haven’t thought about, lessons I have He went to a meeting where someone asked him they can see ways of addressing a problem that you learned from about how hard it is to change the world. I am haven’t considered. paraphrasing here, but he said, it’s true, you get in mentors in my What I’d say is, try to be yourself; don’t try to a position like this and you realize there are a lot of career is that even be somebody you’re not. I think there is a lot of constraints. It is very difficult to make the kind of people that I’ve pressure on women to act more like men, when in revolutionary change that you are interested in mak- fact your different styles are helpful…also, try to respected the ing. But (he said) if you think of the United States as be as honest as possible. Not just in terms of the most have made this enormous ship, and if you can just change the trajectory a degree or two, you can actually make an advice or counsel that you are offering as a lawyer; mistakes. It’s enormous difference in the long run. You can avoid it’s also important to be honest with yourself and really how they that iceberg. You can change the entire direction of have handled it try to forgive yourself when you make mistakes. history. He had just come out of a meeting on climate One of the great lessons I have learned from afterwards that has change, so I think that was a motivation for what he mentors in my career is that even people that I’ve been so impressive was thinking about…but I think that is true about so respected the most have made mistakes. It’s really and so much a many different aspects of his work. It’s [often] hard how they have handled it afterwards that has reflection of who to tell what the impact is of a president directly after- been so impressive and so much a reflection of wards; I think it takes quite a long time. And a lot of they are. who they are. what he did was institution building on a multilateral basis. Those frameworks and those foras for discus- How have you handled the challenges? sion and for action will exist well beyond today. Watch what you are doing and say, am I going to be proud of this when I look back? Because it’s very Photo Credit: (opposite page) Brent Futrell; easy to act in a very responsive knee-jerk way to the (above) Courtesy White House frustrations you are dealing with. It’s much harder to step back and think about the long game, what’s really right for the institution and the principles you are trying to subscribe to.
2017 Spring/Summer 17 NEWS / CONVINCING EVIDENCE
SUPREME COURT Students Shine in Supreme Court Win on Behalf of Children with Disabilities
laire Chevrier (L’17) was sitting The case would interpret what is unanimously won,” Chevrier says. “Pro- in Professor David Vladeck’s meant by a “free appropriate public ed- fessor Vladeck said, ‘What was the holding?’ Federal Courts class on March 22 ucation,” guaranteed under that federal I realized that I was going to admit to Cwhen Anna Deffebach (L’17) texted her special education law. him that I spent all of his class reading with the news: the Supreme Court held in “At one point, I looked up every single the opinion — but I told him. He shook Endrew F. v. Douglas County School District that definition of ‘appropriate,’” says Chevri- my hand and congratulated me on win- public schools must provide children with er, who also dove deep into the IDEA ning my first Supreme Court case.” disabilities an educational program that is and poured over every relevant case and “appropriately ambitious” in light of the regulation. WINNING IN THE SUPREME COURT child’s circumstances. So when the 8-0 decision came down Law school doesn’t get much better Chevrier, Deffebach and Meghan Breen on “their” side, Chevrier — a former than this. (L’17) had all researched and written part teacher who had gone to law school to Chevrier came to the case when of the Supreme Court opening merits become a special education advocate Wolfman asked Professor Eloise Pas- brief. The students were working with Pro- — couldn’t hide her elation. After class achoff, an expert in education law, to fessor Brian Wolfman and clinic fellow Vladeck (who has served as co-counsel in recommend a student to work on Endrew Wyatt Sassman, representing a child with more than 20 Supreme Court cases and F. Breen and Deffebach, who are in autism suing a Colorado school district un- argued four) asked her what was up. Wolfman’s Appellate Courts Immer- der the federal Individuals with Disabilities “I said that I was Professor Wolfman’s sion Clinic this spring, signed up when Education Act (IDEA). research assistant, specifically hired to Wolfman reached out for volunteers. work on Endrew, and that we had just “We thought that we’d be doing some form of nebulous research, memos or maybe just cite checking at the end,” 18 Georgetown Law CONVINCING EVIDENCE \ NEWS
Breen said. “Much to our surprise, we time that I knew these people. That was were asked to write the statement-of-the- very humbling…you can really see how it case portions of the brief.” impacts the community around you, and Deffebach said they read hundreds nationwide now.” of pages of documents regarding the student, his education and goals. “All of MORE THAN DE MINIMUS those things were very important in de- And the decision is a significant one. termining whether or not he had received “Lower courts had for decades held an appropriate level of education. That that children with disabilities receive an was the first experience that I had in the ‘appropriate’ education if school admin- position of a lawyer…to dig through the istrators aim for ‘just above trivial’ or facts and present the facts in a way that is ‘merely more than de minimis’ educational favorable to your case.” We thought that we’d be progress,” Wolfman said.
The students would have a front- doing some form of nebulous But in the March 22 decision, “the row seat to some extreme legal talent: “ research, memos or maybe Court said that the IDEA is ‘markedly
Wolfman, who has argued dozens of more demanding.’” As Chief Justice John appellate cases including six in the just cite checking at the end,” Roberts wrote, “When all is said and
Supreme Court, was a principal author Breen said. “Much to our sur- done, a student offered an educational of the briefs. Previously a co-director prise, we were asked to write“ program providing ‘merely more than de of Stanford’s Supreme Court Litigation the statement-of-the-case minimus’ progress from year to year can Clinic, Wolfman led a team of students portions of the brief. hardly be said to have offered an educa- there in convincing the Court to take the tion at all.” case. Stanford Law Professor Jeff Fisher, In the fall, Chevrier will be citing En- who has argued before the Court more drew F. in her work as an Equal Justice than 30 times, argued for the child here. Fellow working on special education Representing the school district (the advocacy. Breen will go to a law firm, and other side) was Georgetown Law Pro- Deffebach will clerk for federal judges for fessor Neal Katyal, who has also argued two years. before the Court more than 30 times. Did the students think they would get Breen and Deffebach both took criminal to work on a Supreme Court case in law law with Katyal. school? “Georgetown is a unique law Representing the United States in sup- school because it’s in D.C., and so many port of the student was Visiting Professor of our professors are doing really cool Irv Gornstein — the executive director things like this. Our professors do this ev- of Georgetown Law’s Supreme Court ery day…but Supreme Court law is very Institute, who worked at the Office of the hard to break into,” Deffebach said. Solicitor General in Fall 2016. Gornstein “This is really just a reminder of how has also argued before the Court more lucky I am to be here, even on the worst than 30 times. days,” Breen says. “I was able to con- The students went to oral arguments in tribute to something that is going to help January, meeting with Endrew’s parents countless children…to be a small part of afterward. “They very much felt that they the team that accomplished this is some- were doing this not just for their son but thing that doesn’t happen everywhere for all of the kids with special needs out else. It just reminds me why it was a good there,” Deffebach said. choice to come here.” “It was really great to be able to Anna Deffebach (L’17), Claire Chevrier (L’17) and humanize a case,” said Breen. “We sit in Meghan Breen (L’17). Photo Credit: Ines Hilde this building and we read cases from day one of law school…but this was the first 2017 Spring/Summer 19 NEWS / CONVINCING EVIDENCE
RACIAL JUSTICE Georgetown Law Presents... ”The Night Of”
eorgetown Law professors are of imitating life. The professors weighed in “The Night Of ” exposes the false illusions course the experts when it comes with their “real-world” thoughts following that many Americans hold about the crim- to discussing the presumption of a screening of clips from the show. inal process and its promises of delivering Ginnocence, prosecutorial ethics, reasonable The event, attended by hundreds of security. doubt and more. But they got some able Law Center alumni, was orchestrated by “One of the most important contribu- assistance from the entertainment world Kary Antholis (L’88), president of HBO tions…is the way it subtly exposes many on Thursday, November 10 — when the Miniseries, and sponsored by the Office of these false illusions, so that we are able creators of the HBO series “The Night of Alumni Affairs. One day earlier, the to begin to see how the criminal process Of ” joined Dean William M. Treanor writers had been joined by Smith, Butler, actually operates,” she said. “We are able and four members of the faculty in Hart Professor Kris Henning and Justin Hans- to see it for what it is, rather than being Auditorium to discuss the legal and policy ford (L’07) for a similar presentation at soothed by the fantasy that criminal law issues presented by the show. HBO headquarters in New York. enforcement delivers security, or delivers Steve Zaillain, who won an Academy “The Night Of ” tells the story of a justice.” Award in 1994 for writing “Schindler’s murder in New York City, following police List,” and Richard Price, whose credits proceedings, examining the criminal Photo Credit: Sam Hollenshead include an Oscar nomination for the “The justice system, and showing the conditions Color of Money,” joined Professors Abbe and culture of Rikers Island, the city’s jail Smith, Paul Butler, Allegra McLeod and complex. Professor McLeod, whose work Sherally Munshi for a discussion on art has addressed prison abolition, noted that
20 Georgetown Law CONVINCING EVIDENCE \ NEWS
Oscar nominee Richard Price and Academy Award winner Steve Zaillain (right), creators of the HBO Series “The Night Of…” joined Dean William M. Treanor, Kary Antholis (L’88) and Professors Abbe Smith, Kris Henning, Justin Hansford and Paul Butler in New York on November 9. The following day, the writers came to Washington, D.C., for a similar event in Hart Auditorium that included Professor Sherally Munshi.
2017 Spring/Summer 21 hen President Trump signed the Executive Order of January 27, 2017, entitled “Protecting Wthe Nation from Foreign Terrorist Entry into the United States” — restricting people carrying passports from seven countries from coming in — Mark Doss (L’13), a supervising attorney in the New York office of the International Refugee Assistance Project, headed to JFK airport to help a client who was detained there for hours. “He had been midair when the immigration ban was signed and so he was detained upon arrival,” Doss said. “We had to fight tooth and nail to get him through, but we did. To welcome him here in America
was just incredible.” WORLD Meanwhile, Georgetown Law alumnae Patricia Roth (N’64, L’87, LL.M.’94) and Lisa Lerman (LL.M.’84) headed to Dulles airport together to try to mitigate the injustices resulting from the order. Roth and Lerman were former two-year clinical fellows in Georgetown Law’s Center for Applied Legal Studies (CALS). Students in the CALS clinic represent refugees seeking political asylum in the United States because of threatened persecution in their home countries. “We did research, and wrote a memo on the le- gality of the Customs and Border Patrol’s refusal to admit or to talk with Sen. Cory Booker (D-N.J.) and Reps. Don Beyer (D-Va.), Gerry Connolly (D-Va.), John Delaney (D-Md.)(L’88) and Jamie Raskin (D-Md.),” said Lerman, now a professor at Catholic University of A CHANGING
22 Georgetown Law A CHANGING WORLD \ FEATURE
America’s Columbus School of Law and the spouse entitled “Protecting the Nation from Foreign Terrorist of Georgetown Law Professor Philip G. Schrag, who co- Entry into the United States” and an order enjoining directs the CALS clinic. the federal defendants from enforcing portions of the “The work was anything but glamorous, but since CBP Executive Order. was detaining and questioning people, and denying them Professor Neal Katyal, on behalf of Hogan Lovells, filed access to lawyers, then it was important for members of an emergency motion to intervene on behalf of the State Congress to be able to perform their oversight function…” of Hawaii on February 5. The case was heard in the Ninth Lerman said. “They were locked out, just like the lawyers.” Circuit on February 7. August Flentje (L’97), special counsel Delaney, of course, is a 1988 Georgetown Law alum. of the Civil Division at the Department of Justice, argued After Acting Attorney General Sally Yates was fired from the case for the government. Hawaii, by the way, is the her job on January 30, a group of students from George- home of Sen. Mazie Hirono (D-Hawaii)(L’78) who would town Law’s Students for Democratic Reform decided to later champion her state when a federal judge there halted march to the Department of Justice. An hour later, Profes- the revised travel ban. sors Schrag and Andrew Schoenholtz of the CALS clinic Meanwhile, Professor Heidi Li Feldman heard that Sen. held a forum with constitutional law Professor Marty Elizabeth Warren was not permitted to read a 1986 letter Lederman explaining the executive orders and the U.S. from Coretta Scott King relating to the nomination of immigration program. Sen. Jeff Sessions as attorney general. So she went to the At the time, Georgetown Law alum Thomas Hardiman Capitol grounds, with some Georgetown Law students, (L’90) was seriously being considered as a nominee to and the team read the letter to anyone passing by. replace Justice Antonin Scalia (C’57) on the U.S. Supreme That is just a fleeting snapshot of how Georgetown Law Court. Professor Randy Barnett gathered his constitutional students, professors and alumni on both sides of the aisle law students in Room 141 of McDonough Hall on January had to spring into action — some of them making national 31 to watch the announcement — and to provide a crash news — in a very short period of time. course on originalism. What does it mean to be a lawyer in times of massive On the other side of the country, Judge James L. Robart transition? Why is understanding the law, and the rule (L’73) made headlines on February 3 when he granted the of law, more important than ever? What skill sets do State of Washington and State of Minnesota’s emergency lawyers need, and how is Georgetown Law meeting the motion for a temporary restraining order in the case of need? Members of the Law Center community provide State of Washington v. Trump. The states sought declar- their thoughts. atory relief invalidating portions of the Executive Order
2017 Spring/Summer 23 FEATURE / A CHANGING WORLD
IMAGINE THAT ONE DAY YOU HAD TO FLEE YOUR HOME AND COUNTRY — SOMEWHERE IN AFRICA, ASIA, OR LATIN AMERICA — IN ORDER TO STAY ALIVE AFTER HAVING ENDURED PERSECUTION OR TORTURE.
24 Georgetown Law A CHANGING WORLD \ FEATURE
GEORGETOWN LAW STUDENTS HELP REFUGEES AVOID DEPORTATION
PROFESSOR PHILIP G. SCHRAG & PROFESSOR FROM PRACTICE ANDREW I. SCHOENHOLTZ
Professor Philip G. Schrag, the Delaney Family Professor of Public Interest Law, and Professor from Practice Andrew I. Schoenholtz are co-directors of the Center for Applied Legal Studies at Georgetown Law. Schoenholtz also directs the Human Rights Institute.
“Lawyers are standing up to protect the rights of vulnerable people who have fled persecution and need refuge in the United States and elsewhere around the world.”
magine that one day you had to flee your home and corroborates their client’s claim to asylum. Sound like a country — somewhere in Africa, Asia, or Latin America great deal of work? It is, but students develop the skills I— in order to stay alive after having endured persecu- that will enable them to handle greater legal challenges in tion or torture. You manage to get to the United States, but the future. immigration officials detain you for months until you are Created as a disability rights clinic by Professors Philip allowed to present your case to a Justice Department attor- G. Schrag and David A. Koplow in 1981, CALS became an ney who serves as an immigration judge. You have no idea asylum clinic in 1995 in response to increasing student what you need to tell the judge, and nobody explains any- interest in international human rights, including the rights thing to you about the proceeding that has been scheduled of refugees. Since then, Georgetown students have repre- (particularly if you don’t speak English or Spanish). Nor do sented women, children and men from all over the world, you know anyone who can help you explain the human including Ethiopia, Eritrea, Sudan, Egypt, Cameroon, Togo, rights violations you suffered and why you sought safety in Burma, Ukraine, El Salvador, Honduras and Guatemala. the United States. Some clients are detained, while others are able to work, Most such refugees never find help, but Georgetown Law often thanks to the CALS students and graduate teaching students have taken up the call at our asylum law clinic, fellows who make sure that applications to work are filed the Center for Applied Legal Studies (CALS). These young with the Department of Homeland Security (DHS). lawyers-in-training visit their refugee clients in jail many We now live in a time of increased focus by DHS on times during the semester to prepare them for their depor- refugees and immigrants — a critical moment for students tation hearing. That jail may be three or more hours away, to learn how to represent these vulnerable people in the so each visit takes all day. most important legal proceeding they face in America. Based on these meetings, CALS students draft their Many CALS graduates now represent refugees pro bono or client’s sworn declaration of facts and obtain other affi- with advocacy organizations. They also clerk in the Justice davits from eyewitnesses and experts to corroborate the Department Honors Program for immigration judges who, client’s claim of persecution or torture. These students find with terribly limited resources, must share clerks. Two academics who have researched and published analyses CALS alumni, Adina Appelbaum (L’15) and Rachel Jordan of similar human rights problems in the client’s country; (L’13), serve detained refugees as attorneys at the Capital medical doctors who can speak to any significant physical Area Immigrant Rights (CAIR) Coalition. Sandra Grossman injuries that the refugee suffered; and psychologists who (L’04) is an experienced immigration litigator. Several CALS can provide the immigration judge with an analysis of any graduates have joined the Immigrant Justice Corps, which major psychological harms connected to the persecution represents detained immigrants in New York. or torture. In 2009, Schoenholtz took over Koplow’s role as Schrag’s Fifteen days before the hearing, the students file a brief, CALS co-director. “I tell my students that while these are setting out the facts and explaining how refugee law — challenging times for refugees and immigrants, this is a the law of asylum — applies to the facts of this particular critical moment for lawyers in the human rights field,” case. Along with the brief, the students typically file several Schoenholtz says. “Lawyers are standing up to protect the hundred pages of evidence, including human rights reports rights of vulnerable women, children and men who have showing the type of harm suffered by their client and why. fled persecution and need refuge in the United States and These Georgetown students also explain to the immi- elsewhere around the world. Our clinic provides the best gration judge how each affidavit and report persuasively possible preparation to take on that role.” 2017 Spring/Summer 25 FORUM ON THE EXECUTIVE ORDERS ON IMMIGRANTS AND REFUGEES
Professor Marty Lederman, Professor from Practice Andrew I. Schoenholtz and Professor Philip G. Schrag helped explain to the Law Center community the executive orders on immigrants and refugees that are generating protests worldwide. At a Q&A that followed, the professors were sensitive to the fact that opinions will differ, yet noted some of the many ways lawyers and students can become substantively engaged in the issues: whether through political action, opening dialogues with those who disagree, writing op-eds, working for NGOs or working to improve those initiatives you support. “There are ways to make this more humane and still effective,” Lederman said. “No matter which side of the debate you are on, there is a lot of work to be done.”
26 Georgetown Law A CHANGING WORLD \ FEATURE
FIGHTING THE MUSLIM BAN ON THE GROUND AT JFK AIRPORT
MARK DOSS (L’13)
Mark Doss (L’13) (shown at left) is a supervising attorney at the International Refugee Assistance Project at the Urban Justice Center in New York, N.Y.
The most important tool that resulted in his release was collaborative lawyering.
he Arrivals Hall at Terminal 4 in New York’s JFK airport is plastered with the word “Welcome” in many different languages, including Arabic. Since my client had been Tdetained for almost 20 hours in the airport, it was not clear that he would ever get to read those words. On January 27, 2017, President Donald Trump issued an executive order prohibiting travelers from seven Muslim-majority countries and all refugees from entering the United States. My client, Hameed Darweesh, was already en route to the United States, mid-air when the order was signed. He, along with thousands of others in the hours and days following, were in limbo. The night the executive order was signed, I anxiously awaited updates from Mr. Dar- weesh’s pro bono legal team as they waited for him to appear. When it became clear that he was not being released, I headed to JFK. Around 3 a.m., a U.S. Customs and Border Protec- tion (CBP) agent told me that I had to “call Mr. Trump” to gain access to Mr. Darweesh. We were terrified that he would be deported back to Iraq, where Mr. Darweesh had worked on behalf of the U.S. Army for more than a decade as an interpreter and engineer. Because of his contributions, Mr. Darweesh and his family’s lives were in active danger because militias saw him as a traitor. As a result, he was issued a special immigrant visa for his service and immediately headed to the United States for safety. Now, however, it seemed like the U.S. government was going to deport him back into danger. That night and the following day, I used every ounce of knowledge imparted on me from Georgetown Law to advocate for Mr. Darweesh. But the most important tool that resulted in his release was collaborative lawyering. I was in touch with Professor Andy Schoenholtz, strategizing next steps for Mr. Darweesh and his family. Attorneys and law students from across the country were up all night putting together a petition for a writ of habeas corpus, a lawsuit to force his release. At the same time, we engaged media, elected officials, and community organizers to keep up pressure on CBP. Thousands of protestors were outside of JFK in support of Arabs and Muslims. That afternoon, CBP relented and released Mr. Darweesh. In the jubilation that ensued, I don’t know if he saw the walls at JFK reading Ahlan wa Sahlan, or “Welcome.” But he did see thousands of people cheering him on as soon as he exited the airport. They were waving signs that said, “No Ban, No Wall” and “Refugees Welcome.” He was moved to tears, as was I. I have never been prouder of the legal community that banded together from every field to help address the crisis happening at airports across the country during those days. It’s a long road ahead as the aftermath of these events and continuous political developments unfold, but I am confident that together, we will continue to fight discrimination and injustice. 2017 Spring/Summer 27 FEATURE / A CHANGING WORLD
“ONE TWEET SIGNALS SECURITY OF THE NEW LAW, THE NEXT THREATENS TO PULL THE PLUG.”
28 Georgetown Law A CHANGING WORLD \ FEATURE
AS LONG AS YOU HAVE YOUR HEALTH (LAW)
PROFESSOR FROM PRACTICE TIMOTHY WESTMORELAND
Professor from Practice Timothy Westmoreland (opposite right) has worked extensively on public health and health finance policy, hav- ing previously served as counsel to the Subcommittee on Health and the Environment in the U.S. House of Representatives and later as the director of the Medicaid program at the U.S. Department of Health and Human Services. He testified before the House Energy and Commerce Committee on the topic of Medicaid Oversight in late January.
“Our health law students come through their education with an understanding that patients are not widgets and that health is not just another industry.”
nly a few decades ago, health law was generally treat- One Tweet signals security of the new law, the next threat- ed as only some form of “Torts II: Medical Malprac- ens to pull the plug. Otice.” Any basic regulation that was done was done In this confused duel of rhetorical slogans, the underly- state by state. Somewhere in the past there were known ing skills of well-trained lawyers are particularly valuable. to be various dead-end efforts to create comprehensive Basic statutory interpretation has been at a premium when health insurance, but they were regarded as the province of dealing with the “inartful drafting” of the ACA (as Chief history and political science, not law. Justice John Roberts euphemistically described it). Adminis- Now, however, there is a whole field of Health Law, and trative law is needed to steer the way through myriad regs, practicing lawyers and law students recognize that health rules, and sub-regulatory guidance. Law and economics is at the center of American markets and government. concepts (think “moral hazard” and “adverse selection”) Spending on health makes up almost 18 percent of the guide both the implementation of the existing law and the GDP. The federal law surrounding it is some of the most implications of the various alternatives that are offered complex on the books. And there is finally a path to include as replacements. A history of the Victorian Poor Law could all Americans in some form of insurance coverage with add a dimension to the current debate about the “deserving guarantees about such things as pre-existing conditions and undeserving” uninsured. and essential benefits. A legal education at Georgetown is particularly well suit- This legal evolution has been gradual. Medicaid and ed to these needs. In addition to the foundational courses Medicare are more than 50 years old now. Incremental on legislation and regulation, there are survey courses in improvements in insurance coverage came as once-odd but health insurance, public health, and professional ethics. now-familiar acronyms, such as COBRA and HIPAA. There are seminars on poverty and welfare, human rights, But much of the public and professional awareness of and even law and epidemiology. There is a new clinical pro- the legal issues has sprung up since enactment of the gram integrating law students and med students. (Believ- Affordable Care Act (ACA), because it affects almost every- ing, as I do, that most government programs make sense one. Almost 20 million people have new private or public only if you can follow the money, I am partial to my own coverage through the law. The rate of uninsured Americans course on federal budget processes.) is at an all-time low. Medicaid has been expanded to offer However, most fundamental in steering students and coverage to all poor Americans for the first time (if, per ideas through this welter of health care is the guiding SCOTUS, a state wants to). Medicare has improved pre- principle of Georgetown that “Law is but the means, justice ventive services and lowered costs. Even middle-class and is the end.” Our health law students come through their affluent families now look to the guarantee of coverage of education with an understanding that patients are not dependents through age 26. widgets and that health is not just another industry. It is Everyone could have expected that changes this big only through this lens that one can understand, evaluate, were going to take time to implement, even with complete and assist the transition from one American health system agreement. But with no cease-fire in sight in the political to the next — whatever it may be. battles, the system itself has remained constantly tense.
2017 Spring/Summer 29 FEATURE / A CHANGING WORLD
AND BECAUSE EXISTING LAWS AND REGULATIONS ARE NOW BEING ROLLED BACK, THE ROLE OF EN- VIRONMENTAL ADVOCACY GROUPS IN DEFENDING THOSE AUTHORITIES AND IN BRINGING CITIZEN SUITS AGAINST POLLUTERS IS AS VITAL AS EVER.
30 Georgetown Law A CHANGING WORLD \ FEATURE
THE FUTURE OF ENVIRONMENTAL LAW AND PREPARING OUR STUDENTS TO LEAD
PROFESSOR FROM PRACTICE VICKI ARROYO (L’94)
Professor from Practice Vicki Arroyo is executive director of the Georgetown Climate Center and Assistant Dean for Centers & Institutes.
Forty-seven years after the first Earth Day in April 1970 and the creation of EPA, we are fortunate to enjoy cleaner air, water and land, thanks to significant progress in protecting our health and environment.
his is a time of significant transition and turbulence Georgetown Law graduates work in all of these areas, in environmental law and policy. Our country has both directly out of law school and at the pinnacle of their Tmade great strides in protecting public health and the careers, often in leadership positions. In fact, many of us environment; however, maintaining this progress requires have worked in several of these roles. We understand the vigilance and a commitment to abide by our landmark importance of environmental regulation in maintaining environmental statutes. Understanding and advocating for basic protections for all citizens across our country and our long-standing statutes will be vital to preserving the in creating a level playing field for companies so that bad gains that have been made over the last five decades in the corporate behavior does not bring competitive advantages. face of new threats. Georgetown Law offers unparalleled In addition to tackling conventional pollution, our envi- opportunities to engage on these issues. ronmental statutes and legal expertise also serve us well Forty-seven years after the first Earth Day in April 1970 in addressing emerging global challenges such as climate and the creation of the Environmental Protection Agency change. Georgetown Law Professor Lisa Heinzerling crafted (EPA), we are fortunate to enjoy cleaner air, water and land, the winning briefs in Massachusetts v. EPA, a Supreme Court thanks to significant progress in protecting our health case that upheld EPA’s authority to regulate greenhouse and environment. Contrary to claims that environmental gases under the Clean Air Act. Since its 2009 launch, our regulations are at odds with economic growth, the strides Georgetown Climate Center has supported government we have made in reducing choking smog in our cities and officials at all levels in integrating climate considerations direct discharges of toxic pollution to our waterways have in policymaking and sharing lessons and best practices. been accompanied by significant increases in our GDP. At the Climate Center, Georgetown Law students work Maintaining a clean environment requires continued and closely with leading states and cities, assisting them in consistent enforcement of our laws and regulations as well using their authority to tackle the emissions that cause as robust support for state and federal agencies charged climate change while preparing for such impacts as rising with protecting human and ecological health. As we have seas and extreme weather. Given recent rollbacks in cli- seen with the drinking water crisis in Flint, the BP spill off mate action at the federal level, our work has never been the shores of my home state of Louisiana, and the recent more important. Our J.D. and Environmental and Energy VW scandal where air quality controls were intentionally Law LL.M. students and recent graduates who help staff thwarted, federal and state regulation continue to be vital- our Center address real-world legal and policy questions. ly important. We need attorneys who help clients comply Students also have opportunities to gain practical with these laws and regulations, as well as lawyers in experience through two clinics, experiential courses, and federal and state government agencies to implement and internships in every facet of environmental and energy law. enforce the law. And because existing laws and regulations The student-run Environmental Law Society and George- are now being rolled back, the role of environmental advo- town Environmental Law Review complement our rich and cacy groups in defending those authorities and in bringing diverse curriculum taught by distinguished full-time and citizen suits against polluters is more vital than ever. adjunct professors. Given current challenges, it has never been more important to study and engage on these issues at Georgetown Law.
2017 Spring/Summer 31 FEATURE / A CHANGING WORLD
WITH THE SUCCESSFUL APPOINTMENT OF NEIL GORSUCH, NO LONGER NEED PRESIDENTS FEAR CHOOSING JUDICIAL NOMINEES WHO EMBRACE ORIGINALISM AS THEIR INTERPRETIVE METHODOLOGY.
32 Georgetown Law A CHANGING WORLD \ FEATURE
THE END OF THE CURSE OF BORK
PROFESSOR RANDY E. BARNETT
Professor Randy E. Barnett is the Carmack Waterhouse Professor of Legal Theory and director of the Georgetown Center for the Consti- tution. His latest book is Our Republican Constitution: Securing the Liberty and Sovereignty of We the People (Broadside Books, 2016). You can follow him on Twitter @RandyEBarnett.
While the meaning of the text does not evolve, our constitutional law doctrines implementing it can change over time.
he death of Justice Antonin Scalia — combined with once again claim to be an originalist and, unlike Robert Senate Republicans’ refusal to consent to any nomi- Bork, so successfully defend himself against being attacked Tnee until after the forthcoming November election — for this commitment. raised the stakes on an issue that should always be at the Originalism is most easily described as the view that forefront of a presidential campaign, but usually is not: the “the meaning of the text of the Constitution must remain future of the Supreme Court and of our Constitution. As a the same as when it was enacted, until it is proper- result, selecting the next justice became a central focus of ly changed by constitutional amendment.” When Bork the presidential contest. testified in 1987, originalists had done little to defend For the first time in history a presidential candidate their approach from academic criticism launched by law issued a list of 21 persons from which he would select the professors such as Paul Brest and H. Jefferson Powell. Since next justice if he were to win the election. Because of its then, originalism has come a long way. Among the two positive effect on reluctant conservative voters, there is most important developments is, first, most originalists no doubt that this issue — and this list — was absolutely today look not for “original framers intent,” but for the essential to Donald Trump’s presidential victory. For some, “original public meaning” of the text — that is, its commu- this was their only reason for voting for Trump and, for nicative content. The second is appreciating that applying many, it was easily in their top three. The only questions the original meaning of the text to facts today does not were whether Trump would keep his promise to confine require us to identify how its drafters might have applied it himself to the list and, if so, which person would he select? to facts in their day. While the meaning of the text does not As it turns out he selected from the list Judge Neil Gorsuch. evolve, our constitutional law doctrines implementing it The Senate Judiciary Committee confirmation hearings can change over time. on Judge Gorsuch’s nomination were historic. Judge Gor- With the successful appointment of Neil Gorsuch, no such is the first person nominated to the Supreme Court longer need presidents fear choosing judicial nominees who is a self-professed “originalist” since Robert Bork was who embrace originalism as their interpretive methodol- nominated by President Reagan in 1987 — some 30 years ogy. Like “the curse of the Bambino” was ended by the Red ago. Neither John Roberts nor Sam Alito were professed Sox winning a World Series,” so too has “the curse of Robert originalists when nominated; for that matter neither were Bork” been ended by Neil Gorsuch winning a spot on the Anthony Kennedy nor Clarence Thomas. Ever since Bork Supreme Court. That is a very big deal for the future of the was defeated, Republican nominees have shied away from Supreme Court and our Constitution. professing a commitment to originalism. It is a sign of how far the theory of originalism has been refined in those in- tervening 30 years that a candidate like Neil Gorsuch could
2017 Spring/Summer 33 FEATURE / A CHANGING WORLD
IT’S DIFFICULT TO GOVERN WITHOUT A GOVERN- MENT, AND DIFFICULT TO MAKE RESPONSIBLE FOREIGN POLICY AND NATIONAL SECURITY DECISIONS WHEN THE KEY AGENCIES ENTRUSTED WITH SUPPORTING AND ADVISING THE PRESIDENT ARE OPERATING IN A LEADERSHIP VACUUM.
34 Georgetown Law A CHANGING WORLD \ FEATURE
“THESE ARE UNSETTLED TIMES”
ASSOCIATE DEAN ROSA BROOKS
Associate Dean Rosa Brooks teaches courses on international law, national security, constitutional law and more. From 2009 to 2011, Brooks served as counselor to Under Secretary of Defense for Policy Michele Flournoy. During her time at the Defense Department, Brooks founded the Office for Rule of Law and International Humanitarian Policy, and also led a major overhaul of the Defense Department’s strategic communication and information operations efforts.
Across the government, most senior positions are similarly unfilled – not because the Senate has been slow to vote on nominations, but simply because the White House has yet to identify nominees.
hese are unsettled times. A hundred days into his For the nation, this is a perilous time. For Georgetown presidency, Donald Trump had nominated only a Law, however, this is also an exciting and vital time. We Thandful of officials to key Senate-confirmed positions have alumni working at every major executive branch at the Defense Department and State Department. At the agency, in Congress and at public interest organizations Defense Department, the only Senate-confirmed official in from Human Rights First to the ACLU. Our faculty mem- place is Secretary of Defense James Mattis; none of other bers are frequent media commentators on current events, 52 top positions, including that of General Counsel, have and many of our faculty are actively engaged in advisory been filled. At the State Department, only three of 119 top and advocacy work on national security issues. Meanwhile, positions have been filled, and there’s still no Legal Advisor. through clinics, practicums, externships, internships and Across the government, most senior positions are similarly student organizations, our students are getting firsthand unfilled — not because the Senate has been slow to vote on exposure to the inside of the sausage machine. nominations, but simply because the White House has yet The ongoing political leadership vacuum makes the role to identify nominees. of lawyers all the more important. In many ways, lawyers It’s difficult to govern without a government, and difficult act as process guardians, helping to ensure that decisions to make responsible foreign policy and national security are made carefully. Inside the executive branch, lawyers — decisions when the key agencies entrusted with supporting even junior lawyers — are key to ensuring accountability and advising the president are operating in a leadership and legal compliance; outside the government, lawyers in vacuum. When it comes to national security, this leader- Congress, at NGOs and elsewhere help make sure the right ship vacuum is downright dangerous: missteps can questions get asked and potentially unlawful executive cost lives. Tensions with Russia, China, North Korea, Iran actions are promptly challenged. More broadly, lawyers and other actors are high, and the risk of inadvertent are guardians of the rule of law, that precious bundle of escalation is substantial; meanwhile, in the Middle East, rules, institutions and cultural commitments designed Afghanistan and elsewhere, U.S. troops remain engaged in to ensure that even the powerful — and even the most combat operation. powerful nation on earth — exercise power in a fair and accountable manner. 2017 Spring/Summer 35 FEATURE / A CHANGING WORLD
GENERALLY SPEAKING…THERE IS A REASON THE U.S. HAS LONG BEEN THE CHAMPION FOR THE POST-WORLD WAR II INTERNATIONAL ORDER.
36 Georgetown Law A CHANGING WORLD \ FEATURE
EXPERTS EXPLORE THE FUTURE OF INTERNATIONAL LAW
While trade has had very positive effects, it has also created enormous disruption and those concerns have to be addressed.
January 23 conference entitled “International Law in the Trump Era: Expectations, Hopes and Fears,” included a lively luncheon RENEGOTIATING NAFTA A discussion between Associate Dean Rosa Brooks and John B. Bell- inger III about whether international law will matter to the Trump Ad- ministration. Brooks was an adviser in the Defense Department during Ken Smith Ramos, head of the Trade and the Obama Administration; Bellinger served as legal adviser at the State NAFTA Office of the Ministry of the Economy Department and on the staff of the National Security Council during of Mexico, shared an insider’s perspective the George W. Bush presidency. on “Renegotiating NAFTA: The View From The panel — moderated by Professor David P. Stewart, who spent Mexico” on January 23. The event was hosted 32 years as a legal adviser at the U.S. Department of State — explored by Georgetown Law’s Institute of Internation- what trade agreements might look like in the new administration, the al Economic Law, as part of Professor Chris administration’s likely approach to international alliances, the pros- Brummer’s International Economic Law and pects for ratification of international treaties, the war on terror and Policy Colloquium. more. Ramos noted that 5 million U.S. jobs “Generally speaking…there is a reason the U.S. has long been the champion for the post-World War II international order,” Brooks said. depend on trade in goods and services with “We benefit from it in all kinds of ways — notwithstanding the numer- Mexico; Mexican companies are also creating ous short-term inconveniences that it poses to us — and I think that is jobs in the United States, employing more going to continue to be true.” than 120,000 workers. Investing in other The conference — sponsored by the International & National Security countries is “a win win,” Ramos asserted. “It’s Law Practice Group and Georgetown Student Division of the Federal- not a zero sum game.” ist Society, as well as the American Branch of the International Law Association — also featured a morning panel on the future of trade law, including free trade agreements such as the Trans-Pacific Partnership and NAFTA. Professor Alvaro Santos suggested a reimagination of trade law that incorporates the concerns of globalization — one that retains the bene- fits of trade while addressing dislocation and job loss. “While trade has had very positive effects, it has also created enormous disruption and those concerns have to be addressed,” Santos said.
2017 Spring/Summer 37 FEATURE / A CHANGING WORLD
THE CHALLENGE IS WHETHER WE CAN IMAGINE A DIFFERENT TYPE OF GLOBALIZATION, ONE THAT REJECTS THE BINARY CHOICE BETWEEN GLOBAL- IZATION AS WE KNOW IT OR THE TURN TOWARDS ECONOMIC NATIONALISM.
38 Georgetown Law A CHANGING WORLD \ FEATURE
INTERNATIONAL TRADE LAW AT GEORGETOWN: WHERE THE ACTION IS
PROFESSOR ALVARO SANTOS
Professor Alvaro Santos teaches and writes in the areas of international trade, economic development, drug policy and transnational labor law.
The inability or unwillingness of governments to provide safety nets and compensate the losers has contributed to the perception that globalization is unfair, or simply a bad deal.
hese are uncertain times for international trade. The thus increased welfare, it has also, as predicted by trade liberal international economic order that emerged theory, created dislocation and losses. The inability or Ttriumphant in the 1990s after the fall of the Berlin unwillingness of governments to provide safety nets and Wall and the disintegration of the Soviet Union has been compensate the losers has contributed to the perception seriously challenged in the rich North-Atlantic democ- that globalization is unfair, or simply a bad deal. It is racies that did most to promote it. The optimism for free true that technology and automation are great disrup- trade and open markets in the 1990s bolstered the creation tive factors too. But the negative effects of trade are not of the North American Free Trade Agreement (NAFTA), the a figment of people’s imaginations and the discontent is World Trade Organization (WTO), and the further integra- unlikely to go away. tion of the European Union in a monetary union (Euro- The second critique concerns policy autonomy. Free zone), followed by a great number of bilateral and regional trade agreements are not only about the reduction of free trade agreements. tariffs for goods and services. These agreements involve Critiques of liberal globalization have been around for a wide array of areas including investment, intellectual a time, often coming from developing countries that point property, health and safety regulation, government pro- out to disappointing results, structural disadvantages curement, the environment, labor, and so on. They scru- or rich countries’ double standards. What is new this tinize countries’ domestic regulation, including tax, to time is that the unsettling critiques came from developed ensure it doesn’t discriminate against foreign producers. countries. The Brexit vote in the U.K. referendum to leave These disciplines make sense to ensure that countries the European Union, the election of Donald Trump in fulfill their promises to give market access without the United States, and the rise of nationalist parties in discrimination. But some of these obligations may pit Europe reflect a growing discontent with the effects of the public interest against powerful corporate interests and globalization. states may want to recalibrate that balance. Once elected, President Trump moved swiftly to leave the In the midst of the current turbulence, Georgetown Trans-Pacific Partnership (TPP), the signature regional trade trade lawyers will be especially well situated to solve negotiation of the Obama administration. He has called for legal problems, design policy and reimagine institutional a renegotiation, and even withdrawal, of the North Amer- arrangements. The challenge is whether we can imagine ican Free Trade Agreement (NAFTA). Trump has threat- a different type of globalization, one that rejects the binary ened to impose a 45 percent tariff on Chinese products choice between globalization as we know it or the turn and to tax U.S. companies that establish factories abroad towards economic nationalism. Can we devise a legal and export products back to the U.S. Trade changes loom framework that can take advantage of the efficiencies everywhere and the professed principles seems to be job brought about by specialization and trade, while at the creation and America first. same time distribute the gains more evenly? Can we think While it is unclear that the proposed actions would of an institutional regime that can accommodate States’ indeed benefit the U.S., there are at least two important regulatory space to protect social values when these critiques of the existing trade regime worth paying heed conflict with market forces? Georgetown trade lawyers to. The first critique concerns distribution. While it is are ready to make a difference. crucial to recognize that trade has produced gains and 2017 Spring/Summer 39 FEATURE / A CHANGING WORLD
CONGRESS HAD GONE KARDASHIAN. THE PRESIDENTIAL ELECTION UNLEASHED A TORRENT OF QUESTIONS NOT ONLY ABOUT THE PRESIDENT BUT ABOUT THE ENTIRE GOVERNMENT.
40 Georgetown Law A CHANGING WORLD \ FEATURE
WHEN CONGRESS GOES KARDASHIAN
PROFESSOR VICTORIA NOURSE
Professor Victoria Nourse, executive director of Georgetown Law’s Center for Congressional Studies, was formerly a senior advisor to the chairman of the Senate Judiciary Committee and former Vice President Joe Biden. She teaches Legislation; Democracy and Coer- cion; and a Congressional Procedure and Statutory Interpretation Seminar.
In between fielding calls to CNN London and theCanadian Daily Mail on matters I thought everyone knew about Congress or the White House, I found myself trolling Congress.gov to keep up with my eager Georgetown Law students.
ongress’s approval rating is never very high. For between fielding calls to CNN London and theCanadian Dai- Georgetown Law students, Congress is more popular ly Mail on matters I thought everyone knew about Congress Cthan at most law schools, if for no other reason than or the White House, I found myself trolling Congress.gov to it is just up the Hill. There are always a few people who keep up with my eager Georgetown Law students. I’d walk confess that they once wrote on Facebook that, one day, in to class and, apropos my emphasis on new technology, they will be a senator or Speaker of the House. More I would turn on the projector and Congress.gov would dis- typically, students want advice about how to “get a job,” play exactly what was happening on the floor of the Senate or what “politics” is like. This year, though, was different. and the House, not to mention any interesting hearing (on “What would Congress do?” they asked. “What do you Russia, on confirmations, on health care). I went “real time,” mean?” I replied. “What would they do with the new presi- commenting on congressional procedure in whatever form dent?” they insisted. it appeared. It was thrilling, annoying and tiring. I teach students how to read Congress intelligently, Generally, focusing on the news in a class about Congress which is to say, how to differentiate between reconciliation bleeds into partisan politics. I am allergic to that approach. and a filibuster, how to read committee reports and un- If you want to talk politics, I say, go up to the main campus. derstand floor debate. That leads students to a world that I am teaching them the “rules of the game” — rules never three years of law school has generally ignored, because litigated in court, but rules essential to our democracy, law school is religiously devoted to courts. By contrast, I rules that many people, lobbyists, get paid a lot of money teach students how to read statutes and how to read and to sell to companies. Given my passion on the topic, I was find legislative history “by the rules” — in a new, high-tech, not going to let the election’s enthusiasm get away. This “three-clicks” world where every congressional move is year, I did not need to create hypotheticals about what new easily available on the web. “rule” the Congress might devise to change Supreme Court This year, I knew that my pedagogical game plan would nominations or challenge the regulatory state. be under stress. Congress had gone Kardashian. The pres- It was more than a teaching moment. It was a teaching idential election unleashed a torrent of questions not only opportunity of a lifetime. about the president but about the entire government. In
2017 Spring/Summer 41 FEATURE / A CHANGING WORLD
THE FCC’S NEWLY-ELEVATED CHAIRMAN, AJIT PAI, HAS TAKEN QUICK STEPS TO REPEAL THE OBAMA-ERA 2015 OPEN INTERNET ORDER, WHICH ENSURED THAT INTERNET SERVICE PROVIDERS CANNOT FAVOR SOME CONTENT OVER OTHER, OR CHARGE COMPANIES FOR FASTER ACCESS TO END-USERS ONLINE.
42 Georgetown Law A CHANGING WORLD \ FEATURE
TECHNOLOGY IN THE TRUMP ADMINISTRATION
ALEXANDRA REEVE GIVENS
Alexandra Reeve Givens is the founding executive director of the Institute for Technology Law & Policy. She previously served as Chief Counsel for IP and Antitrust to the Senate Committee on the Judiciary and to its Chairman/Ranking Member, Sen. Patrick Leahy (D-Vt.) (L’64, H’94).
Tech issues are historically less partisan than other policy arenas. Setting aside the imminent showdown on net neutrality, let’s hope that maxim stays true. There’s work to do!
ech policy will be front and center this summer as a area for bipartisan collaboration, the White House has public battle brews over net neutrality. The Federal been noticeably silent on the topic so far. TCommunications Commission (FCC)’s newly-elevated The Administration got tech observers’ attention when Chairman, Ajit Pai, has taken quick steps to repeal it announced the creation of a new Office of American the Obama-era 2015 Open Internet Order, which ensured Innovation, to be headed by Jared Kushner. Among other that Internet Service Providers cannot favor some content projects, the Office (and a related, newly created American over other, or charge companies for faster access to end- Technology Council) are expected to focus on the federal users online. government’s use of technology and provision of digital The repeal won’t come without a fight. In the run-up to services. These initiatives build on extensive work by the the 2015 Open Internet Order, some 3.7 million Americans Obama Administration, which created the first United filed public comments with the FCC, the vast majority in States Digital Service, the Presidential Innovation Fellows favor of strong net neutrality protections. When the public Program, and 18F, among other programs. It is unclear weighs in again this summer, we can expect broad engage- whether the Administration will also embrace the Obama ment as consumers share their views. Administration’s commitment to open data initiatives, Pai’s move to repeal strong net neutrality protections which saw the release of government data sets to help comes on the heels of Congress’s recent action to repeal students evaluate the cost of college, patients review the Obama-era Broadband Privacy Rules, which guaranteed hospitals and nursing homes, and citizens review actions that Internet Service Providers could not sell their users’ by local police. sensitive information without clear notice and opt-in con- With principal roles such as the Chief Technology Officer, sent. Georgetown Law Professor Paul Ohm testified before Chief Information Officer, head of the U.S. Patent Office the House and Senate in 2016 about the need for such and others yet to be filled, there is clearly more news to protections. Following Congress’s repeal of the rules this come as the Administration shapes its tech agenda. Key spring, several state legislatures are considering state-level fights are looming regardless of the Administration’s time- privacy protections, a topic Visiting Professor Laura Moy line: the controversial Section 702 surveillance provision testified about in the Maryland State House in April. expires December 31; Europe will review the U.S.-E.U. Priva- A key area that should get wide attention is how to cy Shield agreement in September; and emerging technol- improve affordable internet access for all Americans — ogies like autonomous vehicles and commercial drones an essential issue in our modern era, where homework, need continued leadership at the federal level. job applications and public services often require online Tech issues are historically less partisan than other access. Advocates hope that a future infrastructure bill policy arenas. Setting aside the imminent showdown on may provide an opportunity to improve broadband access, net neutrality, let’s hope that maxim stays true. There’s especially given the need in rural areas that were so central work to do! to President Trump’s base. Although this could be a fruitful 2017 Spring/Summer 43 by melanie D.G. Kaplan
44 Georgetown Law n one Georgetown Law classroom this spring, students learned a high-level programming language called Python. In another, they collaborated with the Massachusetts Institute of I Technology (MIT) to explore current issues in privacy policy. Students learned to build legal apps in McDonough Hall and worked through a simulated national security crisis in the Hotung International Law Building. Because whether they are in Washington D.C., Silicon Valley or New York, technology is front and center of what twenty-first century lawyers do.
“Technology kind of scares lawyers,” says Alvaro Bedoya, executive director of Georgetown Law’s Center on Privacy & Technology. “We’re not really familiar with the nuts and bolts of how technology works, yet we’re the ones called upon to crack regulation and enforce laws in the context of new technology.”
Bedoya says technology used to intersect only with certain government agencies. But today, sophisticated technological systems are the core of almost every aspect of government and policy. Sitting just blocks from the U.S. Capitol and less than a mile from many federal agen- cies, Georgetown Law now has every reason to teach students about the inner workings of tech.
Georgetown Law Dean William M. Treanor is embracing a bold strategy to bridge the gap between lawyers and technologists. In just the last year, the Law Center has launched a new Institute for Technology Law & Policy, complementing Bedoya’s Privacy & Technology Center, Professor Laura Donohue’s nationally recognized Center on National Security and the Law, and Professor Angela Campbell’s Communications and Technology Clinic, part of the Institute for Public Representation. The school also now has more than 50 technology courses, some of which are unique to Georgetown.
“Taking these different technology pieces, weaving them together and creating something bigger is a really big step for us,” says Professor Tanina Rostain. “We’ll have more and more students who are eager to develop this skill set. I think it’s already changed our student body.”
Tech Law Superstars Led by Executive Director Alexandra Reeve Givens (see page 47), Georgetown Law’s new Insti- tute for Technology Law & Policy is a forum for policymakers, academics and technologists to discuss the most pressing issues and opportunities in technology law today. In its first month, the institute launched a student-run online journal, the Georgetown Law Technology Review (page 51), and co-hosted a Patent Law and Policy Conference (page 57). In September, it will welcome its first group of Technology Law & Policy Scholars.
In October, the Center on Privacy and Technology released a startling report highlighting racial disparities in the use of facial recognition systems. The groundbreaking study, written by Center associate Clare Garvie (L’15), finds that one in four law enforcement agencies can access face recognition and that its use is almost completely unregulated (page 52).
Server, Photo Credit: Victor Grigas/wikimedia. 2017 Spring/Summer 45 Feature / Tech at georgetown Law
We have students coming out with experience that it takes lawyers years to get, and a deep, deep background in technology and policy.
Last year, the Institute for Public Representation’s with the Georgetown Iron Tech Lawyer competi- Communications and Technology Clinic, which has tion, where student teams create apps to show to a followed technology trends for decades and works panel of judges. to establish and enforce media policies, lodged a complaint to the Federal Communications Commis- Anyone who has seen Iron Tech Lawyer, Rostain sion — alleging that the Baltimore Police Depart- says, understands the power of teaching technology ment’s use of stingray, a device to intercept cell to law students. “Access to justice has been a very phone calls, is racially discriminatory and violates big conversation in the bar, so technology is one the Communications Act (page 56). way to connect people of low and moderate income to legal resources,” she says. Among the critical lessons for law students: “Com- puters aren’t neutral, Bedoya says. “They’re as Professor Laura Donohue, director of the Center biased as the humans who design them, use them on National Security and the Law, added Canadian and rely on them. Any lawyer who works with com- law students to this year’s National Security Crisis plex machine systems and doesn’t realize that is Law Invitational — a week-long simulation where going to face some tough realities down the road.” students play the roles of federal, state and local government officials in response to an emerging Coding for Lawyers national security threat (page 55). The Law Center, historically strong in intellectual Most students entering the Law Center today still property and privacy, has expanded its course have the same gaps that most lawyers have, says offerings to cover what once was science fiction: Bedoya — meaning that they are unfamiliar with cybersecurity, drones, synthetic biology and au- the minutiae and particulars of technology. But to-driving cars. Paul Ohm’s Coding for Lawyers is what is becoming more apparent each year is that among the newest — and most coveted. Now in its the majority of Georgetown Law students will grad- second year, the class is the only one of its kind in uate in a different camp. the country and has grown from 17 to 75 students, with a waiting list of dozens (page 50). “Our new graduates have resumes that may include a stint at the Federal Trade Commission, National Bedoya and Professor David Vladeck continue to Security Agency, Facebook or Google,” Bedoya teach their practicum course pairing Law Center says. (For more on an alum who is combining tech students with engineering and computer science with human rights at Google, see page 58.) “We students from MIT. The course challenges students have students coming out with experience that it to explore current issues in privacy policy and draft takes [lawyers] years to get, and a deep, deep back- model legislation that could be adopted by state ground in technology and policy.” governments.
And don’t forget Iron Tech. Six years ago, Rostain began a practicum now known as Technology, Inno- vation and Access to the Civil Justice System. Now a Georgetown Law tradition, the course culminates
46 Georgetown Law Titan" in Tech: Alexandra Reeve Givens
n November, Georgetown Law launched the Institute Until last year, you worked on the Senate Judiciary for Technology Law & Policy as a forum for policymak- Committee. What conversations do you think pol- I ers, academics and technologists to discuss the most icymakers could be having about technology that pressing issues and opportunities in technology law today. aren’t yet taking place? The Institute is led by Alexandra Reeve Givens, who most One of our key theses at the Institute is that lawyers recently served as chief counsel for IP and Antitrust on the and lawmakers should have a deeper understand- Senate Judiciary Committee, working for senior Democrat ing of technology: how it operates, what opportu- Senator Patrick Leahy (D-Vt)(L’64). She previously served as nities it creates and the risks and challenges. Some a litigator at Cravath, Swaine & Moore in New York City. In agencies have been thoughtful about bringing May, she was named a “Tech Titan” for 2017 by Washingto- technical experts on staff to help guide their policy- nian magazine. Below, Givens talks about how technology making; we need to see more of that. We’re trying to has transformed the law, the biggest surprises about mov- practice what we preach — we have a full-time tech- ing to academia and the type of law students she’d like to nologist at Georgetown Law who teaches technical see in Georgetown’s new Technology Law & Policy Scholars skills to students and contributes to faculty research program. and writing in the field.
On the Hill, in what ways did you see technology transforming the law?
One area I focused on was intellectual property, a major driver of our economy. The challenge there is finding the right way to balance our intellectual property laws so they incentivize innovation while ensuring that the public ultimately benefits and that competition is not foreclosed. How do you create a regime that works for research-intensive industries that need strong patent protections, as well as for Internet startups that thrive on fast iteration and don’t necessarily view long patent terms as the best protection for their work?
Another key issue involves digital inclusion, and how to ensure that the benefits of new technolo- gy are felt by all sections of society. That means making sure our whole country is connected — rural and urban, low-income and wealthy. There are stories of kids doing their homework outside public libraries after hours to take advantage of the free Wi-Fi connection, because they don’t have good In- ternet access at home. In a world where homework assignments, job applications and government ser- vices are all moving online, affordable broadband access is a huge social question that policymakers must grapple with.
Sony VR, Photo Credit: Marco Verch/Wikimedia 2017 Spring/Summer 47 Feature / Tech at georgetown Law
What are the primary functions of the Institute? We now have Are you teaching, as well as leading the Institute? One core focus is training the next generation of close to 50 Our first group of Technology Law & Policy Scholars lawyers to be conversant in this fast-changing will arrive in September. This is a new program for area of law. We now have close to 50 classes on classes on students in each class to develop a concentration tech-related issues — covering topics like The Law tech-related in technology law and policy. During their 1L and of Robots, the Internet and International Trade, and 2L years, Tech Law Scholars will take a special- a [practicum course] that pairs law students with issues - ized seminar co-taught by me and the 10 full-time engineers at MIT to draft model privacy proposals. covering topics faculty who focus on tech-related issues. Students Our new Georgetown Law Technology Review gives will visit places that shape technology policy, like students an opportunity to generate original schol- like The Law the FCC, and we will take them through a deep-dive arship. The Tech Institute will also play a meaningful of Robots, the on emerging issues in technology law and policy. convening role on technology issues, interfacing Our goal is to graduate students with a sophisticat- with outside groups, companies, academics and Internet and ed understanding of this field — not only the black policymakers to help drive the public policy conver- International letter law, but the bigger policy questions our legal sation. system is grappling with as technology evolves. Trade, and What big-picture questions will the Institute begin What kind of backgrounds will you find among the to address? a clinic that technology law scholars?
The Institute is a home for all technology-related pairs law A number of our incoming students have science issues at Georgetown, so we’ll cover topics like students with and engineering backgrounds or worked at tech- intellectual property, Internet policy and the range nology companies. We are also actively recruiting of policy questions raised by new technologies. engineers at people who do not necessarily view themselves as One of the key questions that interests me is how MIT to draft “techies.” I feel strongly about including students technology is transforming government and soci- who care about social justice and civil rights issues, ety. For example, the use of government data for model privacy because technology is transforming those areas social good — whether that’s geolocation data from proposals. of the law as well. If you care about the criminal satellites, census data or detailed information about justice system, if you care about voting rights, if incarceration rates. Analyzing such information can you care about the provision of social services, then be enormously valuable for society, but we need to you need to care about technology and be conver- be thoughtful about privacy and ethical concerns. sant in how it is being used in those areas. We want Another area is the role of government in encourag- the Institute to be a home for a broad conversation ing innovation. For new technologies like self-driv- about how technology is affecting these different ing cars, drones or 3D printing, how do you protect areas of society today. consumers and promote competition while still allowing flexibility for technologies to evolve? You were recently mentioned in a Wired story about the race to pass President Obama’s last law. How does proximity to the Capitol impact the What’s the back story? direction of the Institute, and how will it make a I spent a few months giving policy advice on an difference in Washington? effort to codify the Presidential Innovation Fellows We are using our presence in D.C. to create a program, which brings innovators and technolo- meaningful forum for policymakers, companies, gists into the federal government to work alongside students and faculty to analyze technology policy. agency partners. Innovation Fellows have worked In December, for instance, we co-hosted a Patent to reduce wait times at the V.A.; they created new Law and Policy Conference that brought together ways for small businesses to apply for federal the chief judge from the Federal Circuit, the head contracts; they were part of the team that rescued of the U.S. Patent & Trademark Office, other judges Healthcare.gov. After months of back-and-forth, the and practitioners from across the country to discuss bill finally passed the House and Senate in January, emerging trends in patent law. [Georgetown Law two days before the inauguration. The problem was, Professor John R. Thomas and Givens hosted the how do you get a bill from the House Clerk to the December 1 event, see page 57.] White House for a signature when almost every
48 Georgetown Law West Wing staffer has gone home? Along with sev- eral others who helped create the program, I found myself in the strange position on Inauguration Day of frantically trying to get word to President Obama’s team that the bill was ready to sign. He ended up signing it in the holding room of the Cap- itol building at 11:07 a.m., minutes before walking out onto the podium with President Trump.
Are there any lessons in there about the future of technology policy in the next administration?
I took a couple lessons from that experience. First, the fact that President Obama saw codifying this in- novation program as important enough to be his fi- nal act in office. His administration was deeply com- mitted to bringing innovators into government to help inform public policy, and I hope that continues. Second, the Presidential Innovation Fellows leg- islation was overwhelmingly bipartisan. Although the program was created by President Obama, legislation to codify the program was introduced by the Republican Majority Leader and passed through Congress almost unanimously. It shows that lawmakers can come together on initiatives that make government smarter and more effective in its approach to technology and innovation.
Biggest surprises for you, coming to Georgetown?
Realizing how strong and deep our alumni network is, and getting to know the talented range of alumni working in tech-related fields. My goal now is to bring that network together and make sure we’re forging meaningful connections for our students. In October I spoke at an alumni event at Google’s of- fices in Silicon Valley, hosted by Alan Lo (L’95). Fifty people showed up on a weeknight — people who graduated in the ’70s, ’80s and ’90s as well as more recent graduates. The enthusiasm was wonderful.
What technology are you using personally these days?
That’s a fun question. Truth be told, one of our key challenges is to run the Institute in an efficient and cost-effective way. So I’m finding myself using a lot of the online tools that young start-ups use to launch their websites and manage email distribu- tion lists — though I have the benefit of the George- town I.T. support team as a back-up when things get complicated. For hardware, I currently use a Mac and an iPhone, and Georgetown just moved to Google mail.
DARPA Atlas robot, Photo Credit: Virin/US Department of Defense 2017 Spring/Summer 49 These days, cultures blur at every turn, and comput- er programming has become a vital skill for future lawyers and policymakers. Simple programming techniques can help lawyers deal with quantitative data and complex databases, among other tasks.
Ohm worked for several years as a computer programmer and network systems administrator before entering law school in the midst of the dot-com boom. He spent nine years on the faculty of the University of Colorado Law School, where he taught a hands-on course on technology and privacy. After he arrived at Georgetown in August 2015, he began talking to colleagues about the idea of a coding class. With less than a month before the 2016 spring semester began, it appeared in the course catalog. Before Ohm knew it, he found more CODING FOR than 100 names on the waiting list. “It’s shocking how quickly this came together,” Ohm says. “The administration gave me so much support and enthusiasm — other places might have LAWYERS involved more bureaucracy.” The course is innovative in many ways. For starters, it’s hands-on, while most law school technology classes are more theoretical. "With tudents who find themselves in Professor Paul Ohm’s Coding for Lawyers class may feel, “Lawyers process words and numbers for a living, programming, some days, as though they’ve won the lottery. S and there are certain programming skills that will After all, they’ve made it into an extraordinarily your program make you more efficient — and a better lawyer,” high-demand class. Besides, hadn’t folks been tell- Ohm says. crashes or it ing them for as long as they could remember that doesn't," says they should learn how to code? Students attend a two-hour weekly lecture and then break into labs of 15 students, taught by teaching Other days, Ohm says, they probably have buyer’s Ohm. "People assistants or an adjunct. Every week, students have remorse. who love to complete what Ohm describes as a graded set of “devilishly hard programming questions,” modeled “I try to signal at the outset that this isn’t like any the clarity after real-world legal challenges. Students struggle other law school class,” Ohm said at the beginning not only with the problem but the time required. and correct of the spring semester. “Students enrolled right They may be able to predict how long it will take to now are feeling a ton of pain.” answers write a paper, for example, but solving a problem in science Coding for Lawyers is perhaps the only law school could take 5 hours or, just as easily, 40. class of its kind in the country. Designed for stu- Ohm compares this class to legal writing in that generally dents with no training or experience in computer it’s a necessary skill for the 21st century. Other law don't go to science or engineering, the course turns the lessons schools, including Harvard and Northwestern, have Georgetown Law students have already learned — expressed interest in replicating the class. Ohm said law school. that there’s no right answer and always two sides to he’d like to accommodate more students and would We're blurring an argument — on their head. consider corporate underwriting to help cover labor culture in a car “With programming, your program crashes or it costs for the labs. Last year’s class had 17 students; wreck kind of doesn’t,” says Ohm. “People who love the clarity this year’s has 75. and correct answers in science generally don’t go While Ohm understands that programming skills way." to law school. We’re blurring culture in a car wreck prove invaluable in the work force and may help his kind of way.” students get jobs one day, he is still bowled over by demand for the class. “It’s wild,” he says. “It’s a really interesting thing happening here.”
50 Georgetown Law Tech at georgetown Law / Feature
TECHNOLOGY REVIEW
hen Sara Ainsworth (L’17) and Andrew Schreiber (L’17) One innovative feature is the section called “Technology Explain- set out to start a technology-focused law review in their ers,” dedicated to demystifying technology-related words and W second year at Georgetown Law, they intended to create phrases for readers. The first issue, for example, contains “Ex- something to help close the gap between the language spoken by plainers” about HTTPS, Natural Language Processing and public lawyers and that spoken by technologists. They prepared to write key encryption. and edit articles and commentary and to become a resource for the outside community. What they didn’t anticipate was just how “We thought that would be a big value-add to the community,” much readers would use technology to share their delight over said Schreiber, who worked as the communications director of the Georgetown Law Technology Review (GLTR), which launched the House Judiciary Committee before law school. “So many folks November 30. out there don’t have a full understanding of a particular area of technology, and it’s a good way for students to contribute.” He “There’s been a robust chat on Twitter I didn’t expect,” Ainsworth said the “Explainers” also provide practitioners a reference to said earlier this year. “It’s prompted some interesting dialogue cite, beyond Wikipedia. with law professors and practitioners across the country.” The GLTR publishes two major issues per year, with additional Said one D.C. lawyer about GLTR: “To be honest, few things in the content regularly published in between. While the focus centers legaltech space have given me such excitement as this concept: on privacy, cyber security, intellectual property and telecommuni- teaching lawyers about the tech!” And from a technology and cations, each issue has a single theme; this spring, for example, is Internet lawyer: “Not only a new, seemingly open access, tech law financial technology. journal, but one with a much-needed ‘Tech Explainers.’” About 70 students now work on the journal. Ainsworth, who In a short time, the GLTR, affiliated with the new Institute for Tech- worked on the Georgetown Voice as an undergraduate, said she nology Law & Policy, has received praise from faculty, students and Schreiber — who both had the idea for the journal inde- and practitioners. Each issue of the journal covers pertinent areas pendently before they met — want to make sure it thrives long of technology law and policy in an in-depth but accessible way after they graduate. After all, they both expect to turn to the GLTR through articles from academics, student notes, literature reviews, as a resource in their own careers and look forward to seeing its explanations of complex technologies and discussions of legal influence well into the future. developments. “We’re at Georgetown, and we’re in Washington, D.C.,” Schreiber The student-run journal, unlike other law journals, is exclusively said. “So we want to inform practitioners and the legal communi- online, with open access. The founders not only felt it was appro- ty. We see this as a space to help influence policy discussion.” priate for a technology journal to be all digital, but the decision was also fiscal — they learned that 90 percent of a law journal’s budget came from printing.
2017 Spring/Summer 51 From Student to Strategist
Clare Garvie (L'15)
xamining “The Perpetual Lineup: Unregulated and through his work on technology legislation on Police Face Recognition in America” — the the Hill. We realized we know a lot about how the E groundbreaking report by Georgetown Law’s FBI uses face recognition technology. But there is Center on Privacy & Technology — readers will find very little information about how state and local the name of Clare Garvie (L’15) right at the top. law enforcement agencies use it. Face recognition use by police has the potential to impact millions of Garvie came to the Center on Privacy & Technology Americans — and yet there was almost no informa- as a law fellow after graduating from Georgetown tion on which agencies use it, how the technology Law in 2015; she was hired as a Center associate in was deployed, and what policies were in place to September. We sat down with her to find out what it constrain this use. So we decided to investigate. was like to work on such a significant project. What is facial recognition? Your name is at the top of a groundbreaking report, Facial recognition is a technology that turns our less than 18 months after graduating from George- face into a kind of file that an algorithm can identify town Law. How did this happen? you with. A face recognition algorithm takes facial I was connected to the Center on Privacy & Tech- features — it can be the distance between the eyes, nology and its executive director, Alvaro Bedoya, the texture of the skin, other face geometry — and through Professor Laura Donohue, who I worked makes that into a mathematical calculation that can with as a research assistant during my 3L year. be used to compare an unknown face to a database She’s one of Center’s faculty advisers, and recom- of known faces. In our report, we are looking at mended that I apply. the way police use it. During an investigation or investigatory stop, an officer can take a picture of I was the first fellow that the Center has had. It’s someone whose identity they don’t know and com- been exciting to work with an organization that is pare it against a database — usually of mug shots, relatively new, and still small — it means I’ve been but as we found, these databases are increasingly an integral component of the work the Center does composed of driver’s license photos too. from day one. If we were going to do a project as big as this face recognition report, I was going to be So if I have a Maryland driver’s license, what does engaged with it from start to finish. that mean? What it means for a lot of people with driver’s Why this particular project? licenses, including from Maryland, is that you are Alvaro and the Center became a point of contact for in a database police can search to identify some- media and for advocacy organizations around face one from a photograph or surveillance video still. recognition technology, thanks to Alvaro’s previous What it means is that you are in a database used for 52 Georgetown Law work on the commercial use of face recognition criminal justice purposes, even if you’ve never been arrested. Most of us probably don’t think of ourselves as being in a law enforcement database, and that our photo is being present- ed in a virtual lineup maybe multiple times a day.
This raises serious questions: Is this a search under the Fourth Amendment? Who is being searched — the unidentified person in the photo run against the database, or the people enrolled in the database? Should the public have been given notice about this enrollment when they applied for a driver’s license at 16 or 17 — that they are not just applying for the right to drive, but are actually giving the police permission to compare their photo against photos of criminal suspects?
Why should we be concerned, compared to fingerprints? Walk me through the work that you did. Face recognition technology is very new. Fingerprinting has been around for 100 years now; face recognition as used by police We filed 106 records requests with state and local law enforce- today has been around for about 15 years. While the technology ment agencies across the country, asking for any face recognition is improving rapidly, it’s still not considered as accurate a form of policies they had, requests for proposals and other contracting identification as fingerprints. To be fair, many police departments documents, invoices for the technology…. We also conducted we spoke to do recognize that it should be used as an investiga- over a dozen interviews with law enforcement officials, did two tive lead only, and not as a form of positive ID. That being said, a site visits, interviewed face recognition experts and company face recognition system usually returns a list of possible candi- technologists. We [did] a 50-state survey of the applicable laws, dates, not just the most likely suspect. So even if the right person and a technical literature review. [W]e received around 17,000 is in that list, there could be 40 or 50 other completely innocent pages of records. The process then became one of sifting through people. So the question really becomes, what if you’re included this information to figure out what we had…and to begin to iden- as a likely suspect on this list — you have a high “face match” tify patterns, conclusions and recommendations. probability — and police begin to investigate? They may come What began to emerge? talk to you, talk to your associates, figure out where you were at a certain time. They may even bring you in for questioning or arrest It sounds cliché, but the state of police face recognition in the U.S. you, based on your inclusion on that list. The inaccuracies still is a “wild west.” There is wide variation in the levels of controls inherent to face recognition have the potential to disrupt the lives on the technology — whether or not there is a use policy, whether of people who are completely innocent and may not even know that policy has been made public, whether it requires reasonable that their face is being used in such a fashion. suspicion or just a criminal justice purpose before running a search. From what we found, or didn’t find, we started drafting And there are racial disparities? recommendations, such as the appropriate legal standard re- There have been very few studies done examining possible racial quired and adequate levels of transparency and accountability. bias in face recognition algorithms. Those that have been done How did you prepare yourself for the technological aspects? show that some algorithms may perform up to 10 percent less accurately on people of color, as compared to white people. This A regret I have coming out of law school is that I didn’t take more means two things. One is that when an algorithm searches for an of the classes offered by the Law Center in the privacy and tech- African American, it’s more likely to not find the correct person. nology space. I graduated before Professor Paul Ohm’s Coding for Maybe that doesn’t sound so problematic. But these systems Lawyers class was in place. And I didn’t take Alvaro’s class [Priva- are usually designed not to return no results but to return a list cy Legislation: Law and Technology Practicum, a joint class with of multiple possible candidates. This means they are also more students from MIT]. But it’s exciting to see that Georgetown Law likely to produce a list of entirely innocent people as possible is going to become a leader in legal education on the intersection leads — something that will happen more often when the suspect between technology and privacy. There’s a real need for that. is African American. Pair that with the fact that African American What impact do you hope the report will have? communities experience disproportionately high contact with law enforcement, and are likely to be arrested at rates much higher I hope it’s the beginning of a much needed conversation. I hope it than their proportion of the population. And most recognition sys- encourages civil rights and privacy advocates, state legislatures, tems search mugshot databases. This means that face recognition and police departments to take a hard look at how law enforce- is: (1) probably disproportionately used on African Americans; (2) ment uses face recognition technology — or if a jurisdiction hasn’t on a disproportionately African American database; (3) with an implemented it yet, how they do so in a way that’s transparent, re- algorithm that is likely to perform worse on precisely this demo- sponsible, and engages the public through their elected officials… graphic. This means that someone who is black is more likely to My hope is that people take this information, build on it, run with be misidentified as a possible suspect. it and mold it to their particular message, use and purpose.
— Ann W. Parks Photo Credit: Brent Futrell
2017 Spring/Summer 53 National Security Crisis Law Simulation 6.0 Welcomes Canadian Law Students, Lawyers
54 Georgetown Law Tech at georgetown Law / Feature
eorgetown Law’s National Security Crisis Law simulation — the equivalent of a final exam for students in Professor Laura Donohue and Alan Cohn’s G National Security Crisis Law Class — went international in Spring 2017. For the first time, Canadian national security lawyers and students from the Univer- sity of Ottawa and Osgoode Hall Law Schools joined this fast-paced and purpose- fully chaotic Georgetown tradition.
While the real Canadian Prime Minister and National Security Advisor couldn’t be there, real attorneys from the Canadian Department of Justice played those two roles admirably. Canadian law students portrayed their country’s Minister of For- eign Affairs, Minister of Defense, Minister of Health and more. The Georgetown Law students, along with a team from Penn Law, played U.S. state and federal officials. Together, the students dealt with issues ranging from pandemic disease and natural disaster to cyber attacks on the critical infrastructure.
“We have the border issues. We have events north and south with repercussions for each country. And we have joint operations,” Donohue explained. “This has given us a rich opportunity to compare how different countries interpret interna- tional law, and how those differences play out in terms of negotiations and policy decisions.”
Georgetown University’s real president, John J. “Jack” DeGioia, played the U.S. Vice President. “The complete immersion into the logic and into the law of national security is so palpable and so immediate…,” DeGioia said. “A neurosci- entist tracking what’s going on in the minds of everyone…would not know the difference between a real situation and the simulation.”
Feeling the heat Georgetown Law has hundreds of alumni currently working in national security decision making positions. And it is a “Control Team” of more than 40 alumni that makes this simulation seem real.
Some — like John Benton (L’10), Pete Pascucci (L’15), Andrew Christy (L’12), Sarah Mortazavi (L’13) and Lieutenant Colonel Alan L. Schuller (LL.M.’13) — spend countless hours during the year helping to write the storylines. They then return the week of the sim, along with dozens of other alums, to play roles, respond in real-time to student decision-making and to help the next generation to learn.
Why do so many keep coming back — taking a week off from work, flying in from other parts of the country — to help with a simulated learning exercise? To Schuller, a Judge Advocate General in the U.S. Marine Corps, the Georgetown Law National Security Crisis Law simulation is “the best way that we have in law schools right now to train national security decisionmakers.”
“There will be people at this law school, [students] in this class, who are going to go into actual situations like this,” he says. “They are going to need to have learned lessons in an environment like this, where it’s okay to make a mistake and people don’t actually die.”
How is the simulation different from real life? “This would be a very bad day at the office in national security decision making,” Schuller says as he observes a mock evacuation unfold at the end of the day. “But you’d be challenged to find any academic institution that puts together something that is as realistic as this, on this kind of scale.”
— Ann W. Parks
2017 Spring/Summer 55 Photo Credit: Bill Petros IPR: COMMUNICATIONS AND TECHNOLOGY LAW CLINIC
eorgetown Law students have been working Founded in Movement to get broadcast stations to serve on issues related to communications law communities of color. The clinic continues to focus G through the Institute for Public Representa- 1971, IPR is a its efforts on racial justice, people with disabilities, tion (IPR) since 1980, a year before Ronald Reagan public interest women and children. It represents nonprofits before became president. The ’80s not only brought major the FCC, FTC and federal courts to establish and changes in telecom and broadcasting, it brought law firm and enforce media policies. He-Man and Masters of the Universe. clinic focusing Students in today’s clinic come prepared. “They “As part of the Reagan administration’s deregula- on several come from a technical background, or they have tion of broadcasting, the Federal Communications been taking technology classes, or they’ve had Commission (FCC) got rid of limits on television ad- different areas internships at the FCC,” Campbell said. “With all the vertising to kids,” says Professor Angela Campbell, of law. The focus on technology at Georgetown Law, there’s a director of IPR’s Communications and Technology synergy that’s really good.” Law clinic. “In those days, we had a number of cas- Communications es that focused on getting good quality educational and Technology In addition to protecting children online, the clinic programming for children and limiting ads.” has worked to diversify media ownership, increase Law Clinic access to media for people with disabilities and That’s where He-Man enters the picture: The clinic grew out of make broadcast stations more accountable to the represented the National Association for Better public. In 2014, the clinic drafted comments filed in Broadcasting in challenging the license renewal of attempts the FCC’s network neutrality proceeding. Last year, a Los Angeles television station on the ground that during the the clinic lodged a complaint to the FCC that the the entire program was really an advertisement for Baltimore Police Department’s use of stingray, a cell toys. Civil Rights phone tracking technology, is racially discriminatory and violates the Communications Act. Eventually, Congress restored limits on children’s Movement to television advertising — but they do not apply to get broadcast Sadly, Campbell does not expect the FCC or FTC programs on the Internet. In the past few years, to do much during this administration that will be the clinic has filed numerous complaints with the stations helpful to the clinic’s clients. “If anything, they’ll be Federal Trade Commission (FTC) to investigate de- to serve undoing what we’ve been working for the last 10 ceptive and unfair advertising to kids on apps such years,” she said. as YouTube Kids, as well as apps and websites that communities of violate children’s privacy. color. “If an agency doesn’t want to enforce rules or poli- cies, there’s not much you can do.” “We’ve always been concerned that the technolo- gies are used to serve the public,” said Campbell, But IPR’s work will go on. “We will continue to who was the clinic’s first fellow and has now run it advocate for our clients,” Campbell says, “and for for nearly three decades. using communications and technology to benefit the public.” Founded in 1971, IPR is a public interest law firm and clinic focusing on several different areas of law. The Communications and Technology Law Clinic grew out of attempts during the Civil Rights
56 Georgetown Law Tech at georgetown Law / Feature
Eighth Annual Patent Law and Policy Conference
As Michelle K. Lee — undersecretary of commerce for intellectu- Sharon Prost, chief judge of the U.S. Court of Appeals for the al property and director of the U.S. Patent and Trademark Office Federal Circuit, Judge Rodney Gilstrap of the U.S. District Court (USPTO) — told the story, when President Barack Obama moved for the Eastern District of Texas and Judge Sue L. Robinson of the into the Oval Office in 2009, he chose to display three patent mod- U.S. District Court for the District of Delaware also participated. els from the Smithsonian: Samuel Morse’s telegraph from 1849, Prost, retired Federal Circuit Judge Arthur Gajarsa (L’67, H’12) and John Peer’s gear cutter from 1874 and Henry Williams’s steamboat Robert J. Gajarsa (C’02, L’09) now teach a course at Georgetown paddle wheel from 1877. on Patent Appeals at the Federal Circuit.
“The president said that throughout history, Americans solved Georgetown Law Professor John R. Thomas — who teaches their problems through innovation…,” said Lee, speaking at the Patent Law, an Advanced Patent Law seminar and Intellectual Eighth Annual Patent Law and Policy Conference on December 1. Property in World Trade — helped explore patent decisions from “He wanted to be reminded of America’s ingenuity and innovation the Supreme Court and Federal Circuit. Thomas and Alexandra by having those models in the Oval Office with him when he was Reeve Givens, executive director of the Institute for Technology faced with challenges.” Law and Policy, led the event.
And there’s no reason to think, she said, that intellectual property “For a number of years I was sitting in the audience at this con- won’t also be a priority in the new presidential administration. ference,” said Givens, who spent five years as the chief counsel “The bottom line is that whether you are in Washington, London, for intellectual property on the Senate Judiciary Committee and anywhere in between, or anywhere beyond, IP remains a key driv- its chairman/ranking member, Senator Patrick Leahy, D-Vt. (L’64). er to economic growth and prosperity,” Lee said. “The incoming “It’s nice to now be on the other side of the podium, and still be administration…will have to focus on and continue to promote part of this community.” innovation through a strong and robust IP system.” — Ann W. Parks
Google Cardboard VR, Photo Credit: othree/Wikimedia
2017 Spring/Summer 57 Using Tech for Human Rights Malika Saada Saar (L'01)
alika Saada Saar (L’01), the cofounder and former execu- within a human rights context and that’s what led to starting the tive director of Human Rights Project for Girls, once led organization. We recognized that violence against young women M the fight in shutting down Craigslist sex ads that traf- and girls is borderless, so what happens to a girl in Southeast D.C. ficked children. Today, she is Google’s Senior Counsel on Civil and is absolutely connected to what happens to a girl in South Africa. Human Rights. During Reunion Weekend 2016, Student Bar Asso- Especially when we look at the issue of child trafficking. The work ciation President Sandor Callahan (L’17) interviewed Saada Saar extended not only to understanding violence against our girls but how she is using technology for good in the human rights space, also understanding that our girls are being bought and sold. building on her previous work with marginalized and abused girls. When I first started going to the jails, I didn’t know that was going Speak about your work as co-founder and executive director of on, and I started talking to the girls. So many of them were behind Human Rights Project for Girls. bars because instead of being seen as victims of trafficking, they were arrested for prostitution — even though none of them were One of the things that I got clear about when I graduated from law of age to consent. So the work really took on a very urgent tone. school is that I didn’t want to do traditional law. I wanted to really have an opportunity to shape policy at the federal level. And while Speak about shutting down Craigslist [sex ads]. How did you I was a student here, I created Crossing the River, a spoken and start this advocacy work and who else did you get involved in this written word workshop in Southeast D.C. with mothers who were process? in recovery from crack cocaine addiction. It was an opportunity for me to think about how to move policy. And so when I graduated I Unlike the other issues that I had worked on like child welfare or was able to get a Ford Fellowship to help me think through what justice reform, trafficking was this celebrity issue. No celebrity kind of organization could I create to move federal policy from a wanted to talk about our kids in child welfare or issues around gendered lens. mothers being shackled, but all of these celebrities were inter- ested in the child trafficking issues. We were able to bring Demi I started something called the Rebecca Project, which was a pre- Moore in 2011 to Congress. All of these congressmen showed up cursor to Human Rights Project for Girls. I focused on the needs of to see her, so I made sure that on the panel were four different women who were at the margins, women who were behind bars. survivors of child trafficking. And we had a very powerful forum They had this shared narrative, which was that so many of them as a result of their participation. I was still at the very beginning had been sexually abused as girls…I got very clear that my work of doing advocacy around the issue of child trafficking. Many of had to focus on girls. I thought it was very important as a human the girls came back to the office after we had the briefing and rights lawyer to frame this issue of sexual violence against girls we started talking about Craiglist. I didn’t really understand, and
58 Georgetown Law Tech at georgetown Law / Feature so they got on my computer and they showed me When I first the Congo is less digitally connected, we do not how on one part of Craigslist you could purchase a have an opportunity to bear witness and respond bike…and on the other part of Craigslist, you could started going to human rights abuses there as we do to Syria and purchase them. And they explained to me how they to the jails, places that are even more digitally connected, like did it…what language to use to signal to the buyers Ferguson. That has been very powerful, under- that they were underage. I didn't know standing how smart phones change the possibility that was of genocide and how we can use these devices as I couldn’t believe what I was seeing. That led to a an opportunity for bearing witness, which human strategizing session with them, what are we going going on, and I rights lawyers must do. to do about this? From a human rights position we could reach out to the House, Senate Judiciary started talking How does technology help in the human rights Committee and we could make this an issue for a to the girls. space? What are the challenges? hearing…and we did that. But I thought it was really I’m really interested in bringing human rights important for the young women to give voice to So many of defenders globally to Google to understand how their experience. So they wound up writing an open them were we can make some of the products relevant to their letter to [founder Craig Newmark] and then CNN be- work. We did this great [project], using virtual reality came interested in this issue… [Then] we published behind bars with Google Cardboard…you look through the card- the girls’ open letter in the Washington Post… A because instead board as a VR experience and we used this to show couple of weeks after that we shut down [the Craig- solitary confinement. It’s not only visual, it’s audio slist sex ads]. Unfortunately it’s not enough. of being seen as well. You have a full immersion of what solitary as victims of is like. So how do we take that example and create You are Google’s Senior Counsel on Civil and for a brief moment the experience of being LGBT in Human Rights. Describe what your responsibilities trafficking, Uganda, fighting for equality. What is it like to show are. they were the experience of a child going to visit her mother Obviously I didn’t become a human rights lawyer arrested for behind bars. So that is part of the work that I am to work for Google; they came to me. At first I was really excited about. Having conversations where like, why would I do this? I came here to get a law prostitution human rights defenders explain what they need degree in the tradition of Charles Houston, in an - even though from technology and whether or not we can create abiding commitment to what I saw Professor Peter that. That is a very powerful space to be in. Edelman and his wife create. I had no intention at none of them all of using my law degree to go into the private were of age to The other piece is that we use technology for good, sector. But I [once] heard this remarkable speech but we also see the ways in which technology that the CEO of Unilever gave, of how companies consent. makes us more vulnerable. From a gender rights can have as much if not more of an impact on hu- perspective there are ways that women’s and girls’ man rights than governments and NGOs. voices are heard because of tech…Malala was a blogger. We can talk back as women to misogyny. And I started to think about what might be possible But this space is also [used] to create violence in the context of Google. The importance of being against women and girls. within the tech space, knowing that most of our kids are sold online, and also thinking about what Who or what motivates you, as a dedicated human does it mean to push Google to be a socially justice rights lawyer? driven company, which it wants to be. What does I do not want to give my three children a world it look like to [work] in a new terrain around the where it was inevitable or expected that to be a same issues, values and principles. At Google I’ve girl meant to be subject to some form of violence. been allowed to continue the antitrafficking work… It was my responsibility as a mother and a human and also look at ways in which Google can enter rights lawyer to challenge and interrogate [that]. into conversations around criminal justice reform, What tech allows us is to think very creatively and around racial justice. the blessing of being at Google is that it is a very creative, artistic space. That has really energized I am very committed to the intersection between me to think in new and creative ways about how tech and human rights. We have mobile devices that to interrogate the norms around violence against are connected to global platforms, we can show women and girls and being invited to disrupt those abuses in a way that was unimaginable when I was norms — in ways that I couldn’t even have imag- a student here. I think the best example of this is ined when I sat in this room over 15 years ago. police brutality; we have this public conversation because of what mobile devices connected to global platforms have made undeniable. Because
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Remember That Name: Professor Wally “My father-in-law was a geologist, so I invited him Mlyniec and “Construction Notes” to walk down to the pit with me and said, ‘Why is there sand?’ And he said it was the remnants of everything that was here when the glacier melted.” Which dated this particular sand to between 10,000 and 1 million years old, and explained how a rock originating from Hagerstown, Mary- land, could turn up at Georgetown Law. This awe-inspiring incident turned Mlyniec’s other- wise functional emails — telling the community when they might expect jackhammering — into well-researched essays that might include a history of steel, windows, clock towers, sewers or anything else lawyers might not usually know about. Mlyniec’s 2002-2004 collection, Construction Notes: Transforming a Campus in Washington D.C., was Mlyniec, by the way, eorgetown Law professors are sought published in 2006; these days, he’s working on new essays about Capital Crossing. So how does inspi- loves concrete. “It’s after by media for their expertise on many ration hit? “They started tearing up our sidewalk, the most amazing subjects, but Professor Wally Mlyniec (L’70) Gis scaling new heights. An October 27 article in the and I thought, I wonder what the history of side- thing to my mind… Washington City Paper — entitled “How a George- walks is?” Mlyniec says. “The Romans created the it’s dirt and water town Law Professor Became a Cult Construction first sidewalk. Shel Silverstein writes poetry about when you think Blogger”— tells how Mlyniec was inspired during sidewalks. They are really wonderful! And it just about it, and it his long career at Georgetown Law to write about happens like that…you are going to write about puts whole cities the buildings springing up all around him, from steel, you are going to write about concrete.” the Scott K. Ginsburg Sport and Fitness Center in together.” Mlyniec, by the way, loves concrete. “It’s the 2002-2004 to the Capitol Crossing project today. The most amazing thing to my mind…it’s dirt and New York Times’ Eugene L. Meyer turned to Mlyniec water when you think about it, and it puts whole as a reliable source for his October 25 article on the Capitol Crossing project, “A Project Mends a Gash cities together.” in the Street Grid of Washington.” Mlyniec was also For the Capitol Crossing project, he has full featured in the September issue of Washingtonian, in access to the site — which means he can observe an article called “Right up his street: D.C.’s enor- such things as doors being built into the highway mous Capitol Crossing project perfectly suits Wallace to accommodate heating units as a building takes Mlyniec’s obsession.” shape over the road. “The most intriguing thing “Fleeting fame at 71,” jokes Mlyniec, who is just how complex of an engineering project this might be tracked down by paparazzi these days is,” he says. “Building this deck over an operative giving a lecture on the history of the neighborhood highway…it is amazing and the numbers of peo- to the Jewish Historical Society. Or he might be ple that are involved are astounding.” responding to Architectural Digest, wanting to know So can we expect a book sequel to Construction how they can get the latest installment of Mlyniec’s Notes? Not until at least 2019, when the Capitol “Construction Notes.” “My daughter thinks I’m a Crossing project nears completion. In the mean- rock star.” time, keep Googling Mlyniec’s name. “I’m in At- “Construction Notes,” Mlyniec’s monthly lanta at a conference, and somebody comes up to e-mails to the Georgetown Law community, began me and says, you are all over Facebook,” Mlyniec with another type of rocks, literally. Having served says. “For what, I said? They said the article in on Law Center building committees since the the City Paper…Facebook can just make things go 1980s, Mlyniec found himself, one day in 2002, crazy.” examining the sand in the pit that would later All of Mlyniec’s updates, from April 2013 to the present, may be become the Sport and Fitness Center. “There was viewed at http://www.law.georgetown.edu/campus-services/facilities/ literally beach sand down there,” Mlyniec says. construction-info/index.cfm 2017 Spring/Summer 61 CAMPUS / DUE PROCESS
CONTINUING LEGAL EDUCATION Larry Center Retires From Georgetown Law CLE
hen Larry Center (L’74) “He became a celebrity, and I was by [then-Dean] Bob Pitofsky,” Center first arrived at Georgetown fortunate to work for him under what says. “At that time, the CLE program was Law in the early 1970s, he they called the Institute for Criminal Law a break-even operation; the goal was just Wconsidered a career in criminal law. But and Procedure,” Center recalls. “I rode not to lose any money.” Fate had other plans for Center, who around for an entire summer with the That philosophy has changed, as is retiring in 2017 — after 32 years of D.C. police in every single district in the continuing legal education has become making Georgetown Law’s Continuing city, monitoring how they enforced drug big business. “Over the last 13 years, we Legal Education (CLE) program one of laws under a grant from the Presidential have built a reputation for focusing on the best in the country. Commission on Marijuana and Danger- technology,” he says, noting that George- As a student, Center did not get into ous Drugs.” town now has the most reputable the new criminal justice clinic that After graduation, he tried criminal jus- eDiscovery program in the country as Professor Wally Mlyniec was building tice work and then transportation law — well as a Cybersecurity Law Institute at the time. Fortunately, he did have as which was when he decided that he was that draws hundreds of attendees. “One a criminal law and criminal procedure not going to spend his life in a law library. of the reasons we are able to do this professor the legendary Sam Dash, who He wanted to be around people, so he is that federal officials can easily come was appointed chief counsel of the Sen- answered an ad for Antioch Law School over and speak. Because we are a law ate Watergate Committee after Center’s and got his foot in the CLE door. Not school and we are objective, judges have first year. long afterwards, Center heard about an no compunction about speaking at our opening at Georgetown. “I interviewed programs.” with a search committee and was hired 62 Georgetown Law DUE PROCESS \ CAMPUS
THE “ROCK STAR” OF CLE HIGHLY EFFECTIVE PEOPLE When Center first began, everything was Being a people person, Center has done on paper. “Back in the days when chatted at CLE events with the likes of we used to have big thick course materi- Supreme Court Justices Anthony Ken- als, you would get a book instead of the nedy and Stephen Breyer, as well as with app,” says Jill Castleman, the director of hundreds of lawyers all over the world. Academic Conferences and Continuing He’s built an outstanding reputation as Legal Education, who has worked with a leader and mentor. “Any time we are Center for nearly 20 years. “We would setting up for CLE programs he’s [right be in our suits unpacking the boxes, with there with us,] to the point where, a cou- Larry right there with us.” ple of years ago, our marketing manager While Center doesn’t have a favorite said, ‘You know what, Larry? We really CLE program — it would be like having appreciate that you are helping us set We were desperate to figure a favorite child — he does mention up,” Castleman says. “But you should cybersecurity as a “tremendous growth “out how we were going to really be out there with the attendees.’” area.” His CLE team says the Corpo- educate ourselves…without In 2015, Georgetown Law awarded rate Counsel Institute is a favorite. And this, I don’t know what we Center its Paul R. Dean Alumni Award, let’s not forget eDiscovery, which is also would have done. None of given to outstanding alumni who have in high demand among practitioners. that would have happened exhibited leadership to the school and to
In November 2016, Georgetown Law without Larry Center. His the legal profession. For the past 15 years, CLE’s 13th Annual Advanced eDiscovery “ Center has focused on teaching “The 7 Institute at the J.W. Marriott in Washing- leadership in this area has Habits of Highly Effective People” to ton, D.C., included a touching tribute to been astounding. hordes of Georgetown University staff. Center. He recently earned a certificate in lead- “There was not a word said in my law ership coaching, which he will continue school education, or even in my practice to do when he retires from Georgetown thereafter, that prepared me for what Law CLE. “I have a sign on my desk that we magistrate judges faced, we lawyers says, the journey is the reward, and that’s faced, when eDiscovery hit us,” said John how I think about life,” he says. “The key M. Facciola (L’69), a Law Center adjunct is to enjoy every step of the journey… professor and retired U.S. Magistrate the ‘great Western disease’ lies in the Judge for the U.S. District Court for the phrase, ‘I will be happy when.’ Really District of Columbia. Facciola has been happy people understand that the key is instrumental to not only the success of enjoying the journey and not focusing on the Institute but also to Georgetown the destination.” Law’s eDiscovery Training Academy each June. “We were desperate to figure Photo Credit: Hilary Schwab out how we were going to educate our- selves…without this, I don’t know what we would have done. None of that would have happened without Larry Center. His leadership in this area has been astound- ing.”
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Beyond 2016: Georgetown Law Writers Survey the Legal Landscape
and the Dilemmas of Investor Protection was published by Oxford University Press. Donohue — whose book The Future of Foreign Intelligence recently won the 2016 Palmer Civil Liberties Prize — noted that the country is already seeing a radical expansion in national security surveillance authority, along with lowered standards for the collection of foreign intelligence, the use of information for unrelated criminal prosecution and an absence of Fourth Amendment protections to address new technologies. “What’s happening is we are having a steady restriction in terms of our rights,” Donohue said. “If anything, these issues are even more urgent now.” The event also featured Professors Randy Barnett (Our Republican Constitution: Securing the Liberty and Sovereignty of We the People, HarperCollins), David Cole (Engines of Liberty: The Power of Citizen Activists to ooking to explore health law in 2017? Make Constitutional Law, Basic Books) Rosa Ask Professor Larry Gostin, who recently published Public Health Law: Brooks (How Everything Became War and the LPower, Duty, Restraint & Global Management of Military Became Everything: Tales From the Infectious Disease After Ebola. Wondering about Pentagon, Simon & Schuster) and Hartnett the tensions between national security and (Ruth Bader Ginsburg’s My Own Words, privacy? Ask Professor Laura Donohue — Simon & Schuster), who collaborated with who literally wrote the book on The Future the justice and also with Professor Emerita of Foreign Intelligence: Privacy and Surveillance Wendy Williams. in a Digital Age. Want a personal glimpse The discussion was moderated by into the life of Supreme Court Justice Ruth Associate Dean Rosa Brooks, Professor Randy Professor Victoria Nourse, whose book Bader Ginsburg? Ask Adjunct Professor Barnett, Professor David Cole, Professor Victoria Misreading Law, Misreading Democracy was Mary Hartnett, one of the justice’s personal Nourse and Adjunct Professor Mary Hartnett. published by Harvard University Press in Photo Credit: Brent Futrell biographers. September. The book proposes reforming These professors and others came to- the way lawyers learn how to interpret gether at Georgetown Law on November statutes by teaching legislative process 21 to discuss eight groundbreaking books in schools. “The book is a call…to legal they published in 2016 — and how their education to teach something about respective subject matter might change Congress,” said Nourse, noting that the with a new presidential administration. day after the election, she received quite “Certainly the Trump Administration a few calls from people wanting to know is thinking hard about where to set a start- about Senate filibusters or the reconcilia- ing point for the regulation of financial tion process. “Why I had to answer these markets and banks, and all of that gets question[s] is mystifying to me…,” Nourse worked into the book,” said Professor said. “This should be taught in every law Donald Langevoort, whose book Selling school classroom in America.” Hope, Selling Risk: Corporations, Wall Street,
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BOOKS If lawyers and judges do not understand Fellows participating in the 2016- Professor Victoria Nourse this, they may well embrace the meanings 2017 Delaney Program will spend at least of those who opposed legislation rather one year working for Washington, D.C., Misreading Law, Misreading than those who supported it, making area nonprofits that provide direct legal Democracy (Harvard University Press, legislative losers into judicial winners, and services, advocacy and policy efforts on September 2016) standing democracy on its head. environmental, consumer and privacy issues and carry out high-impact civil and American law human rights litigation. The program will schools extol de- SUPREME COURT INSTITUTE complement the host organizations’ pro- mocracy but teach Preview Primes Media for fessional development programming while little about its most October Term 2016 offering community building, networking basic institution, the and mentoring opportunities. Congress. Inter- Unlike previous years, the annual Supreme preting statutes is Court Institute press briefing on Monday, lawyers’ most basic September 19, featured no talk of swing Conry Honored for 40 Years of task, but law pro- votes, 5-4 predictions or blockbusters like Service fessors rarely focus health care or marriage equality. Though the on how statutes are talk was animated and the cases interesting, “No one to my made. This misguided pedagogy, according the briefing was notable for what was missing mind embodies to Professor Victoria Nourse, undercuts the at the Court: the late Justice Antonin Scalia, Georgetown Law core of legal practice. It may even threaten who died in February 2016. more than Kevin; the continued functioning of American Georgetown Law Professor Mike no one loves the democracy, as contempt for the legislature Gottesman led a panel featuring Professor Law Center more becomes entrenched in legal education and Martin Lederman, a constitutional law than Kevin,” said judicial opinions. Misreading Law, Misreading expert; Erin Murphy (L’06), a partner at Professor Wally Democracy (Harvard University Press, Sep- Bancroft; Hashim Mooppan, a partner at Mlyniec — speak- tember 2016) turns a spotlight on lawyers’ ing of Kevin T. and judges’ pervasive ignorance about how Jones Day; and Distinguished Visitor from Conry (F’76, L’86), Congress makes law. Practice Paul M. Smith, a partner at Jen- who was honored in September for his 40 Nourse not only offers a critique but ner & Block. The SCI press briefing, held years of service to Georgetown Law. Now each September, explains significant cases proposes reforming the way lawyers learn Georgetown University’s Senior Advisor of the upcoming Court Term to journal- how to interpret statutes by teaching to the Vice President for Government ists who cover the Court. legislative process. Statutes are legislative Relations, Conry’s roles at the Law Cen- decisions, just as judicial opinions are de- ter included vice president for Strategic cisions. Her approach, legislative decision Delaney Post-Graduate Development and External Affairs, assistant dean for the J.D. Program, assistant dean for theory, reverse-engineers the legislative Residency Program to Promote process to simplify the task of finding Con- administration (with responsibilities for the Public Service, Graduate gress’s meanings when statutes are ambig- campus expansion program), adjunct profes- Education uous. This theory revolutionizes how we sor, trusted advisor, valued mentor, cherished friend and more. Conry was also integral understand legislative history — not as an Last fall, Georgetown Law launched the in creating Georgetown Law’s national and attempt to produce some vague notion of Delaney Post-Graduate Residency Pro- international alumni boards. “The constant legislative intent but as a surgical strike for gram, a training and mentoring initiative through the years has been Kevin, and we for graduates participating in fellowships in the best evidence of democratic context. are all indebted to him for it…” said April the public sector. The new program, made Countering the academic view that McClain-Delaney (L’89), who chairs the Law possible due to a generous gift from alumni the legislative process is irrational and un- Center’s board of visitors. “I cannot imagine April McClain-Delaney (L’89) and Rep. seemly, Nourse makes a forceful argument Kevin being a more perfect embodiment of John Delaney (L’88), was established to help that lawyers must be educated about the the Hoya heritage.” graduates bridge the gap between law school basic procedures that define how Congress and practice. operates today. Lawmaking is a sequential process with political winners and losers.
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GLOBAL Celebrating International Lawyers
“One of the biggest changes in the past decade is the rise in the number of international students; in class after class, you have perspectives from different cultures and different legal systems,” said Georgetown Law Dean William M. Treanor.
lisabeth Resch (LL.M.’17), who hails from Austria, and are international with about 15 from the United States. “We’ve Bianca McDonnell (LL.M.’17), who hails from Australia, talked to different professors and institutes around campus as well discovered upon meeting at Georgetown Law that they as practitioners in D.C. and New York,” Resch says. “Everyone is Ewere both in the International Legal Studies program, and that very supportive.” they had both worked for the United Nations: Resch at U.N. In the fall of 2016, Georgetown Law welcomed 318 LL.M. stu- headquarters in New York, and McDonnell at the International dents from 70 different countries. When J.D. students are added, Criminal Tribunal for the former Yugoslavia in the Hague. They more than 73 countries are now represented on campus — the both share the exact same birthday — date and year — which is most ever. also the official date the United Nations came into existence in “One of the biggest changes in the past decade is the rise in 1945. So for these two lawyers, founding a new United Nations the number of international students; in class after class, you have Association at Georgetown Law seemed a logical thing to do. perspectives from different cultures and different legal systems,” “We put out a call for applications and so many students, J.D.s said Georgetown Law Dean William M. Treanor, who visited and LL.M.s, from different backgrounds responded,” Resch Asia, Europe and Latin America during Spring 2017 to recruit says, noting that in a few short months, the group has enlisted students and meet with Georgetown Law’s vibrant international approximately 40 active student members, the majority of whom alumni boards. “It’s really enriched our environment here.”
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ENRICHING THE CULTURAL ENVIRONMENT CAREERS International LL.M. students are contrib- At the Third Annual Symposium on Careers in uting much to life on campus, adding to a fleet of more than 100 student organiza- Corporate Law, Students Network with Alumni tions that includes lawyers from Armenia, Leaders in the Field Cuba, Latin America, South Asia and more. Fittingly, 2016 marked the 25th Anni- versary of Foreign Lawyers at Georgetown (FLAG) — though FLAG was not the first group to welcome international LL.M.s. During Reunion Weekend 2016, current FLAG president Zeus P. Dhanbhoora (LL.M.’17) celebrated with past presidents, including founding president Thomas Esslinger (L’91). Also in Fall 2016, Karim Kobaissy (LL.M.’17), who hails from Lebanon, founded a new Arab Lawyers Organi- zation at Georgetown Law. Junqian Yao (LL.M.’17) from Shaoyang is serving as president of a new China Law Society, the first student organization at the Law Cen- areer advice to students from “I still have family members ask me ter dedicated to studying and discussing CVisiting Professor Steve Hills, about court,” Matthew Owens (L’01), legal issues related to specifically to China. founding director of Georgetown Law’s a partner at Arnold & Porter Kaye “The community is open-minded, en- Business Skills Program? Find your Scholer who practices M&A (and does compassing ideas from all over the world,” competitive advantage. Take risks. not go to court). “In corporate law, says Yao, an International Legal Studies Connect with people, network. And do we’re building something together, LL.M. student who cites “academic atmo- what you love to do. bringing parties together and trying to sphere and student diversity” as the best work together to negotiate and piece “Follow your passion, because ulti- parts of the Georgetown Law experience. together a transaction that hopefully mately, life is not a destination, it’s “[There is] a wonderful Language Center both sides can be happy with.” a journey,” says Hills, the former to help us improve both our writing and president and general manager of The Michelle Berninger (L’95), deputy oral English,” she says. “And for social Washington Post who enjoyed a 28-year general counsel at Maersk, provided a networking, we are blessed to be here in career with the paper. “That’s a cliché, perspective on going in-house, where the heart of D.C., with Georgetown Law but it’s true. Sometimes all we have at she found a niche in employment law. offering tons of social opportunities for the end of it is the ride.” us.” “The fact that you have all these clin- Hills spoke at the end of the 3rd Annu- ics and other practical opportunities Opposite Page: (Left) Bianca McDonnell al Symposium on Careers in Corporate [at Georgetown], it can only help you (LL.M.’17) and Elisabeth Resch (LL.M.’17). (Top) Law, hosted by Georgetown Law’s find out what interests you down the Foreign Lawyers at Georgetown celebrates 25 years with student leaders and staff, past and Office of Career Strategy on Friday, line,” she told students. “You are put- present: Caryn Voland, Lars Markert (LL.M.’06), February 10. More than 40 in-house ting in a lot of time, effort and money Zeus Dhanbhoora (LL.M.’17), Thomas Esslinger counsel and law firm practitioners, into becoming a lawyer. Educating (LL.M.’91), Esteban Chaverri (LL.M.’11), Dory Mayer. (Bottom) The Gender Equality committee many of them Georgetown Law alum- yourself now is a great thing.” of Georgetown Law’s UN Association: Samantha ni, spoke to students throughout the Ezgar (L’19); Auriane Roussel (LL.M.’17); Kirsten day on their career trajectories and Photo Credit: Brent Futrell Leube (LL.M.’17); Maria Vicent Allende (LL.M.’17). honing that competitive edge.
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New Pathways Professor Jeffrey Shulman Named Director of Georgetown Law’s Evening Program
curricular innovation, including not only different types of courses but how those courses are delivered to students. One of the [most important] things that we are working on is creating schedule flexibility…we think of it as a set of pathways to graduation. Traditionally, evening students graduated in four years, but now they are more and more commonly graduating in three and a half, and the faculty last year approved a proposal that allows them to graduate in three. So we can say to our current students, our prospective students, you have options here that allow you to think about the other parts of your life rofessor Jeffrey Shulman, who until he earned his J.D. magna cum “It’s not just — about work, about family, any has been a favorite among laude in 2005. A year of law practice that we will other engagements that you have. evening students learning followed, until he got the phone call create these We want to say to students, we have Pconstitutional law and Legal Research pathways. That’s that brought him back to George- a program designed to be flexible, important, but and Writing (now Legal Practice, town Law, this time as a professor designed for you to customize. I Writing and Analysis) since he started it’s equally im- of Legal Research and Writing. don’t think there’s any other eve- teaching at Georgetown Law in 2006, portant that we Shulman received the Frank F. Fle- ning program that has created these is now the director of the Evening encourage and gal Teaching Award in 2015. We three pathways for their graduates. Program. In this newly created role, allow evening sat down with Professor Shulman to Shulman will serve as a general om- students to What other flexibilities are you find out how he’s enjoying his new budsman (and official champion!) of participate in considering? busy evening students, keeping them role. the full range of aware of resources and extracurric- extracurricular We will be making sure that we are Congratulations on being named di- ular opportunities tailored just for activities that not only creating these pathways, but rector of Georgetown Law’s Evening them. He will also work to shape the day students we are making them feasible, so we Program! What are you envisioning unique educational experience of the get to partici- will be looking at some of the delivery for the program? Evening Program, considering cur- pate in…” systems that executive MBA programs ricular innovations that will address It’s been a very positive experience… use. Weekend classes. Expanding American Bar Association require- finally, there is a position that can our summer program, since evening ments while enhancing Georgetown serve as a clearinghouse for issues students don’t have summers the way Law’s overall academic offerings. that the students have. The director day students do… Some of these things are going to benefit the tradi- He’s also the perfect man for the of the Evening Program can be an tional day student as well. What we job. While teaching in Georgetown ombudsman for the students, with are trying to do is to liberate evening University’s English Department as their concerns about equity and in- students from some really old con- a full time professor, Shulman came clusion — that is, making the evening students fully integrated into the life straining credit limits that will allow to the Law Center as an evening and culture of the Law Center. The the three, three-and-a-half years, to student — continuing both roles position allows us to think about
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be doable. Evening students don’t live in a Legal Research and Writing program and world of fall and spring semester and every- I decided to grab it. My plan had been to thing else is off. practice two or three years but I didn’t want to take the chance that the job would not be Evening students have a tougher time available when I was ready for it… I was also doing extracurricular activities that can hoping that I might take the degree and the build a resume in law school. How are you experience back to Main Campus and start addressing that? a major or a concentration in legal studies It’s not just that we will create these path- — not prelaw, but a legal studies curriculum ways. That’s important, but it’s equally im- that brought together economics, sociolo- portant that we encourage and allow evening gy, philosophy, constitutional law. I think students to participate in the full range of Georgetown undergraduates would have extracurricular activities that day students loved that, but it just never happened. get to participate in… What we want to do is What were some of the challenges you to create options that allow evening students faced as an evening student? As a profes- to be a summer associate, because that is the sor teaching evening students? key career pipeline. Of course, that depends on their work schedule, but from the school’s In every class there is an older evening point of view, if we make these things avail- student. I was that guy. Some students just able, that’s a whole new type of program. seemed so sharp, their brains just seemed to David Mao (L’93) be firing so quickly, that I felt like a mastodon Acting Librarian of Congress You were a professor in Georgetown working through some of this material! and 23rd Law Librarian of University’s English Department for nearly Since 2006, I have taught evening 20 years before you went to Georgetown Congress, Comes Home students. Do I think they are a different lot Law’s Evening Program. What made you than day students? I do. The cohort is dif- After 11 years at the Library of Con- decide to do that? ferent. And I have been surprised by how gress, David Mao (L’93) is returning to For me, going to law school was a natural interested they are in the process of learn- law school — as the new chief operating development of my interest in texts, whether ing how to do legal analysis. Although they officer and assistant vice president of those texts are literary texts or legal texts. My are driven vocationally, and they want to administration at Georgetown Law. As career was about reading and interpretation, be lawyers, they allow for some of the ex- Acting Librarian of Congress from Octo- it was about the social consequences of texts. And so the opportunity to continue to use perience of the undergraduate classroom ber 2015 through September 2016, Mao the same skills, apply them in a different to infiltrate law school, so there’s lots of supervised a staff of approximately 3200 area, and maybe keep the brain sharp for a interesting debate.… I am very impressed and a budget of nearly $650 million. And few more years, was a good one. It’s a differ- with what the evening students bring to as the 23rd Law Librarian of Congress ent kind of project than English literature, the program, their professionalism, their since January 2012, he expanded the because some of the work that you do [as a openness, their inquiring temperament. If Law Library’s collections, initiated new lawyer] is intimately involved with political you would ask me, what’s the chief selling strategies to make U.S. public domain and social controversy and with advocacy. So point that you see in the evening program, legal materials accessible online and that changes a lot. Now, when you say, these I would say the other evening students. brought to the library a 1215 Magna texts should mean this, because that would They are just a terrific lot. Carta for an historic 800th anniversary be the best outcome, it creates all kinds of exhibition, among other things. Mao interesting reading dilemmas. From the point Photo Credit: Brent Futrell previously worked for the Congressional of view of interpreting texts, it was a natural transition. Research Service, Covington & Burling and Georgetown’s law library. A Phi Beta What made you decide to return to aca- Kappa graduate of George Washington demia? University in addition to Georgetown I practiced law for a year and then I got Law, he received his library degree at a phone call from Professor Craig Hoff- Catholic University. man. An opening became available in the
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OUTER SPACE What Laws Govern Outer Space? Three Professors Share Their Thoughts
nterested in honeymooning in space or buying a plot of land of developments unforeseen at the time of the drafting, such as on the moon? Thinking about mining an asteroid or taking the activities of commercial companies in outer space and the a one-way trip to Mars? If so, you might want to speak first application of criminal law in outer space. Ito Adjunct Professor Steve Mirmina (LL.M.’06), who teaches “Instead of having debates among the lawyers on interpreta- a popular seminar on Outer Space Law on Wednesday nights tions of a 50-year-old text, we should have a new text...,” Koplow during the spring semester. These issues and others, including the said. “It won’t be easy to hammer out a new international agree- propriety of conducting war in outer space, are largely regulated ment on mining, but to me, that’s the better way of dealing with by a treaty and governed by international law. the new possibilities.” Mirmina, Professor David Koplow, and Adjunct Professor The event, attended by approximately 80 scholars and students, Robert Dalton — senior advisor on treaty practice at the U.S. was organized with the help of Oonagh Sands (LL.M.’03) of Department of State — were on hand to help celebrate the 50th the American Society of International Law’s Space Law Interest anniversary of the signing of the Outer Space Treaty of 1967 Group. (OST) at a Georgetown Law event on January 27. Among other things, the professors discussed how to interpret the treaty in light
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SPORTS AND ENTERTAINMENT GEMALaw Celebrates Tenth Anniversary
hen Raquel Braun (L’10) was choosing law schools THAT’S ENTERTAINMENT more than a decade ago, she had to decide between Participants got a treat when Darrell D. Miller (L’90), a former Georgetown Law and a school that was advertising member of Georgetown Law’s Gilbert & Sullivan Society, burst Wher chief interest, sports law. She opted to go to Georgetown into a rousing rendition of the “Nessa Dorma” opera onstage and build what she wanted. At the time, Georgetown University in Hart Auditorium. Miller, now the chair of the Entertainment had already launched a Georgetown Entertainment & Media Department at Fox Rothschild, received GEMALaw’s annual Alliance. So thanks to the hard work of Braun and other students Alumni Achievement Award. in the Classes of 2009 and 2010, a law division — known as GEMALaw co-presidents Annick Banoun (L’17) and Marissa GEMALaw — was quickly born. Moshell (C’14, L’17), who introduced the event along with Dean “[GEMALaw exists] because Raquel decided it was going to William M. Treanor, called the participating alumni “the deal- be founded…” said Daniel Navarro (L’09), speaking at the Tenth makers, the innovators and the game changers.” Annual GEMALaw Sports and Entertainment Law Symposium Treanor observed that GEMALaw, which now has approxi- in Hart Auditorium on February 3. “We happened to be along mately 300 members and helps drive the Law Center’s curricu- for the ride.” lum, has perhaps had more influence on the path of the school The day-long symposium kicked off with a conversation with than other student group. “We’ve had…an extraordinary group those GEMALaw founders: Braun, now the director of business of alumni who have gone into the entertainment and sports field, and legal affairs at Fox Sports/Fox Cable Networks; Navarro, as- and [GEMALaw] built on that base,” Treanor said. “There’s an sociate counsel at the National Basketball Association and Claire ongoing interest among our students in these fields.” Magee (L’09), corporate counsel at Raycom Media. Founder Daniel Werly (L’09), managing editor of The WhiteBronco.com, Photo Credit: (top row) Brent Futrell; (bottom row) Ines Hilde. moderated the introductory panel.
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Faculty Awards
Professor Emma Professor and U.S. Professor Jeffrey Professor Peter Coleman Jordan Wins Rep. Eleanor Holmes Shulman’s Book Edelman, Dean 2016 Lifetime Achieve- Norton Honored with The Constitutional William M. Treanor & ment Award Human Rights Award Parent is a Winner Vice Dean Jane Aiken with Readers Make the Grade for the “Most Influential in Legal Education”
Professor Emma Coleman Georgetown Law Professor Professor Jeffrey Shulman, now The Winter 2017 issue of The Jordan was honored by The and U.S. Rep. Eleanor Holmes the director of Georgetown National Jurist includes Profes- American Lawyer with a 2016 Norton, (D-D.C.), was honored Law’s Evening Program, was sor Peter Edelman, Vice Dean Lifetime Achievement Award with the Fred L. Shuttlesworth a winner in the thirty-seventh Jane Aiken and Dean William in New York City on Octo- Human Rights Award by the annual Alpha Sigma Nu Book M. Treanor on a list of the 25 Birmingham Civil Rights Awards for his book The Con- “Most Influential People in ber 25. Jordan was one of six Institute in November. The stitutional Parent: Rights, Responsi- Legal Education.” The team lawyers recognized for their award recognizes individuals bilities, and the Enfranchisement of made the cut for their work in extraordinary careers at some for their service to civil and the Child (Yale University Press, creating the D.C. Affordable of the country’s most promi- human rights causes. Norton 2014). This year’s category Law Firm, increasing access nent law firms and other legal is “an iconic torch-bearer for was Professional Studies, and to legal services for those who institutions, and whose public the legacy of the civil rights Shulman’s book won in the do not qualify for free legal aid service contributions have had movement and as a hero to discipline of law. The four win- but cannot afford typical law far-reaching impact. the powerless and disenfran- ning books “stood out to judges firm prices. chised,” the Institute said. as examples of scholarship at its best on our Jesuit campus- es,” the judges wrote.
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Professor Laura Student Bar Professor Kristen Professor Vicki Arroyo Donohue Wins the Association Receives Tiscione Elected Appointed to Expert 2016 Palmer Civil Top National Award President of Legal Committee Liberties Prize by ABA Law Student Writing Institute Division
Professor Laura K. Donohue Georgetown Law’s Student Professor Kristen Tiscione, Professor from Practice Vicki has won the Chicago-Kent Bar Association (SBA) re- who teaches Legal Practice: Arroyo (L’94) has been ap- College of Law’s Roy C. Palm- ceived the 2016 Student Bar Writing and Analysis and a pointed by the National Acade- er Civil Liberties Prize for her Association Award from the Legal Writing Seminar at mies of Sciences, Engineering, book The Future of Foreign Intel- American Bar Association’s Georgetown Law, has been and Medicine to a committee ligence: Privacy and Surveillance in (ABA) Law Student Division. elected to serve as president of of 14 experts in transportation the Digital Age (Oxford Univer- Law schools from around the the Legal Writing Institute, the policy and planning, travel sity Press, 2016). The Palmer nation compete for the award, nation’s second-largest orga- demand, highway construction Prize honors exemplary works which recognizes the efforts of nization of law professors and and operations, traffic safety, of scholarship exploring the an SBA organization to “create its preeminent legal writing or- modeling, environmental and tension between civil liberties a better environment for law ganization. With nearly 3,000 community impact mitigation, and national security in con- students and a more positive members, the organization is economic development and temporary American society. image of the legal profession.” dedicated to supporting teach- more. The committee will Georgetown Law SBA was ing and scholarship focused on meet regularly to hear from awarded the top prize during legal communication. Tisci- key stakeholder groups and de- the 2016 ABA Annual Meeting one’s term begins in 2018. velop a report over the course in San Francisco. of the 30-month project.
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Take Note
Professors Chris Brummer, Gregory Klass Professor David Vladeck Installed as Named Williams Research Professors A.B. Chettle, Jr., Chair in Civil Procedure
Professors Chris Brummer and Gregory Klass have been named the Professor David Vladeck (LL.M.’77) has been installed as the A.B. 2017 Williams Research Professors. The Williams Professorships, es- Chettle, Jr., Chair in Civil Procedure. The chair, which supports tablished through the generosity of Agnes N. Williams (L’54), recog- professors working to further the study and practice of legal process, nize and support the scholarly activities of Georgetown Law faculty. was held by Professor Emerita Carrie Menkel-Meadow, the inaugural Two Williams Research Professors are appointed to three-year chair, from 2005 until her retirement in 2016. Vladeck was formally terms each year. The inaugural holders, Professors Kristin Henning installed at a faculty retreat in February. and John Mikhail, were named in 2016.
PROFESSOR NEAL KATYAL has been elected to The American Law Institute, the leading independent organization in the United States producing scholarly work to clarify, modernize and improve the law. The ALI drafts, discusses, revises and publishes Restate- ments of the Law, Model Codes and Principles of Law that are enormously influential in the courts and legislatures, as well as in legal scholarship and education.
NEW FACULTY MEMBERS on the George- Supreme Court gay rights case Lawrence v. Howard Shelanski returns to the faculty town Law campus this spring included Texas in 2003; and Distinguished Visitor from the White House, where he was Distinguished Visitor from Practice Paul from Practice Christy E. Lopez, deputy administrator of the Office of Information M. Smith, a partner at Jenner & Block chief in the Special Litigation Section of and Regulatory Affairs, part of the Office who argued and won the historic U.S. the Civil Rights Division at the U.S. De- of Management and Budget. partment of Justice. Meanwhile, Professor
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2017 Spring/Summer 75 ALUMNI / FOR THE RECORD
REUNION Reunion Weekend 2016 Celebrates Accomplished Georgetown Law Graduates
early 1400 Georgetown Law alumni and their guests the Human Rights Project for Girls (Rights4Girls), a human had a terrific time at Reunion Weekend 2016. Mem- rights organization addressing gender-based violence against bers of the Class of 1966 celebrated their 50th at the women and girls in the United States. Nalways-popular Founder’s Circle Luncheon, remembering a time Her present role in the corporate world, Saada Saar said, still when the Four Tops topped the charts, McDonough Hall was a furthers the human rights causes she has fought for since graduat- dream of the future and manual typewriters were still the best ing from Georgetown Law. means of cranking out legal briefs. “I came here to get a law degree in the tradition of Charles Other events included a Barrister’s Council speaker series with Hamilton Houston, committed to what I saw Professor Peter Tonya Holcomb, vice president and general counsel of Global Edelman and his wife Marian Wright Edelman create,” Saada Litigation at Honeywell International, and a dedication, orga- Saar said. “I had no intention of using my law degree to go into nized by members of the Classes of 1976 and 1977, honoring the private sector…but I heard a remarkable speech from the past members of Georgetown Law’s Campus Ministry — includ- CEO of Unilever of how companies can have as much if not ing Sister Mary K. Himens, SSCM, the Law Center’s first female more of an impact on human rights than governments or NGOs. chaplain. And I started to think about what might be possible.” Student Bar Association President Sandor Callahan (L’17) interviewed Malika Saada Saar (L’01), Google’s Public Policy Photo Credit: Sam Hollenshead and Government Relations Senior Counsel for Civil and Human Rights (see page 58). Saada Saar spoke of her work in founding
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REUNION Reunion Gala 2016: The Best of Georgetown Law
t the Reunion Gala at the National Building Museum, Kathryn Ruemmler (L’96), now the global co-chair of the Beverly Perry (L’81), the senior adviser to D.C. Mayor White Collar Defense & Investigations Practice and a partner in Muriel Bowser and a speaker at Reunion Weekend’s the Litigation & Trial Department at Latham & Watkins, received ABlack Law Students Association brunch, was among those hon- the Robert F. Drinan Award for Public Service. Ruemmler served ored with a Paul R. Dean Alumni Award. for almost six years in the Obama Administration, first in the Perry said in a video played at the Gala that the day she got her Department of Justice and later as counsel to President Obama. admissions letter from Georgetown Law “was the happiest day of Mayor Bowser, who was also at the event, praised all George- my life.” Perry was a clerk-typist at the Department of Justice in town Law alumni, more than 40,000 strong. “We are so proud the 1970s until she was encouraged to go to Georgetown Law. of your contributions to advancing the law, and so proud that Carl Northrup (L’76), founding member of Telecommunica- you call Washington, D.C., home…,” she told alums. “Welcome tions Law Professionals; Paul Nussbaum (L’71), chairman and home. Welcome back to D.C.” CEO of Waramaug Hospitality; and Winston K. Zee (L’81, LL.M.’84), now a professor at KoGuan Law School who spent a Photo Credit: Sam Hollenshead long career at Baker & McKenzie, also received Dean Awards.
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Development News Meeting the Need Attending Georgetown Law was her dream, but after Georgetown Law’s Scholarship Program is thriving, being accepted in 2014, Jenadee Nanini (L’17) — a thanks in part to a $15 million campaign for Opportunity first generation college student and a member of Mon- tana’s Blackfeet Tribe — saw her goal possibly slipping Scholarships, designed to help the most high-merit, high away. She had the drive to attend law school, had the need students. A November 12 dinner honoring Dean of passion, everything but the resources. Nanini reached Admissions Andy Cornblatt for his 35 years of dedicated out the Law Center for help, and Dean of Admissions Andrew Cornblatt delivered. Nanini received an Op- service marked the public launch of the campaign that portunity Scholarship given through the generosity of has raised over $9 million in a short time. A Scholarship two alumni, Congressman John K. Delaney (L’88) and Reception on March 23 celebrated all of our amazing April McClain-Delaney (L’89). “Speaking on behalf of all the scholars, I don’t donors and recipients. think any of us can really put into words what it means to have someone [invest in you], not as an LSAT score To support the Opportunity Scholars program, please see or a GPA but as a person,” said Nanini, speaking at a www.law.georgetown.edu/alumni/support-georgetown- dinner that celebrated the Opportunity Scholarships and their creator, Cornblatt. “For the donors to invest law/opportunity-scholarship-program.cfm in someone coming from a first generation rural com- munity…this wouldn’t be possible without all of you, without Andy.” (Left) Dean William M. Treanor with Dale Pinto (P’11, P’12, P’17), Dean of Admissions Dale Pinto (P’11, P’12, P’17) and Rachel Sullivan Andy Cornblatt and Rachel Sullivan (P’16). (Right) Professor Emerita and former Dean (P’16) chaired the event and made it a resounding Judy Areen. Photo Credit: Bill Petros success, guaranteeing that the fundraising effort would meet its goal. The evening celebration was emceed by Marilyn L. Milian (L’84), judge of TV’s “The People’s Court.” The Opportunity Scholarships program, she said, “was Andy’s way of ensuring that Georgetown Law continues to admit the best and the brightest students — academic stars from a diversity of back- grounds who need financial assistance in order to receive a world-class education at Georgetown Law.”
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Opening Doors The Bilicic Family Endowed Opportunity Scholarship The Hon. Linda J. Morgan (L’76) Memorial Endowed Opportunity Dean William M. Treanor announced that in this Scholarship first year of the formal campaign for the Opportunity Scholarship Program, the school has raised more than The Damien R. Zoubek Endowed Opportunity Scholarship $9 million. The goal is $15 million, “to open doors The Baker & McKenzie Leonard B. Terr Memorial Endowed Scholar- to Georgetown, so that we will have in each class 100 ship Opportunity Scholars,” he said. The DLA Piper Endowed Opportunity Scholarship Perhaps the most poignant moment of the Novem- The Glenn J. Pfadenhauer Endowed Scholarship ber 12 dinner was when Cornblatt was joined onstage The GSP Endowed Opportunity Scholarship by an army of Opportunity Scholars, past and present. The James F. Henriot Endowed Scholarship “When Dean Bill Treanor said that he would like Rachel Sullivan and I to co-chair an event to “galva- The John and Marti Lockley Endowed Opportunity Scholarship nize” the entire Law Center community, I was in- The John H. Jackson Memorial Endowed Scholarship trigued,” Pinto said. “When he said that he wanted us The Marilyn Milian and John Schlesinger Endowed Opportunity to host a Dean’s Celebration Dinner in honor of Andy Scholarship Cornblatt’s 35 years and his indefatigable efforts to raise The Matthew and Rhonda Gilroy Endowed Opportunity Scholarship awareness to the Opportunity Scholarship program, I The Maureen F. O’Shaughnessy Endowed Opportunity Scholarship was enthralled. Much of the success of the fund raising The Paul J. Diaz Endowed Opportunity Scholarship activity should be directed to the Opportunity Schol- ars and the cause they represent, as well as directly to The Ronald R.S. Picerne Endowed Opportunity Scholarship Andy Cornblatt, where literally millions of dollars were The Sara Reynolds Steppe Family Endowed Opportunity Scholarship donated in his honor.” Pinto added: “This undertaking The Theodore D. Burke Endowed Opportunity Scholarship could have never been accomplished without the signif- Anonymous endowed scholarship supporting students in the part- icant efforts of the entire [Georgetown Law] Develop- time program ment and Events Management team.” The Ballard Spahr Opportunity Scholarship At a separate March 23 event, Treanor announced The Charles and Helen Wilkes Opportunity Scholarship the names of some of the new endowed Opportunity Scholarships and newly created current use scholar- The Geraldine Ryan Howe Opportunity Scholarship ships: The Law Alumni Board Opportunity Scholarship
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Development News: Living their Dreams
hen I was applying to “Our scholar- and to keep the apartment,” he know that all of my time has been law schools, I chose ship donors said. “This was the most rewarding worthwhile,” D’Oyley continued. Georgetown because make it experience for me in law school “I am helping to pave a path for the “Wof the amazing opportunities here in possible for because the stakes were so high.” future generation of black attorneys great students D.C.,” Matt Evola (L’17), the Adolph Raisa D’Oyley (L’17), the in a profession where diversity is Charles Hugin Scholarship recipient, who want to recipient of the Bruce and Ann sorely lacking…I hope to continue told guests at a March 23 Scholarship come to Blume Opportunity Scholarship, my work of building up the leaders Reception at Georgetown Law. Georgetown to told the crowd that her scholarship of color in the legal profession.” And those opportunities, Evola be here. This is made the school of her dreams Dean William M. Treanor said: noted, have exceeded all expecta- our opportunity possible. After graduation, she “Our scholarship donors make it tions. “I am interning at the U.S. to say thank will join the project finance group possible for great students who want District Court for the District of you.” at Chadbourne & Park/Norton to come to Georgetown to be here. Columbia; Supreme Court justices Rose Fulbright in New York. “At This is our opportunity to say thank have visited my classrooms,” he Georgetown I have been pushed you.” said. “A former solicitor general has by my professors, staff and peers to given me feedback on my writing. become a better student, citizen and Photo Credit: Bill Petros I worked for the Senate Judiciary friend.” Committee, and I have personally D’Oyley gives back to her com- represented low-income clients in munity as president of Georgetown court through the clinic, D.C. Law Law’s Black Law Students Asso- Students in Court.” ciation (BLSA) — a considerable One D.C. clinic client, Evola time commitment. “When a student said, was being evicted from her says how thankful they are for the apartment despite having paid the support that BLSA has given them, rent. “We were able to help her when a 1L says to me, I don’t know file a successful motion for recon- where I would be without BLSA, I sideration that allowed her to get necessary repairs on her apartment
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TRAILBLAZERS Women’s Forum Addresses National Security Challenges, Honors Alumnae
“The role of law and the role of law- yers…is critically important in the De- fense Department’s military operations [and] its use of force…” said O’Connor, in a discussion on military targeting. “Is [a target, such as a bridge] providing a military advantage to ISIL? If it is, then we move on to a whole analysis involving the laws of armed conflict…whether the people are militants versus civilians… through all of that, the lawyer is there.” Adjunct Professor Michelle Brané (L’94) of the Women’s Refugee Commis- sion, Judge Noel Brennan (L’85) of the U.S. Immigration Court, Temple Law Professor Jaya Ramji-Nogales (L’06) and Melysa Sperber (L’04) of the Alliance to End Slavery and Trafficking looked at developments in immigration law in the wake of the recent executive orders. “There’s no question that we have a huge challenge for us…it’s a dishearten- ing that a lot of the work that we have done up to now…is being obliterated with the swipe of a pen,” Brané said. hen missiles were fired at a “Lawyers said, you don’t need to do an “But I have found in my career that what U.S. Navy ship off the coast Article 51 letter…when you respond to revs me up is a good fight.” of Yemen in October, then an armed attack in self-defense,” Haines Haines and Emily Spitzer (L’80), WDeputy National Security Adviser Avril said at the 2017 “Women’s Forum: former executive director of the National Haines (L’01) and her colleagues had to The Future of National Security and Health Law Program, were honored with determine how best to respond. They had Immigration at Georgetown Law” on this year’s Alumnae Awards. The award to get information from the intelligence February 24. “Nevertheless, we thought it is given to women graduates to recognize community regarding the source. They was prudent. And this is where the legal their contributions to the legal profession, had to consider Al-Qaeda, an internal and the policy pieces come together: we their communities and the Law Center. conflict in Yemen and the interests in pro- wanted to make sure we had a basis for Marilyn Tucker, director of Alumni tecting an international strait. They had a response…but we did not want that Careers and the International Internship to consider the national and international response to be perceived as us getting into Program, and Dean William M. Treanor legal requirements of a military response. the civil war in a significant way.” presented the awards. “We [choose] peo- A War Powers Resolution report to the Nadia Asancheyev (L’06), executive ple…who have done so much to make U.S. Congress? Consent from the govern- director of Georgetown Law’s Center this world a better place,” Treanor said. ment of Yemen? Notification to the U.N. on National Security and the Law, led a Secretary General? panel on national security challenges with What might have been an international Haines and Jennifer O’Connor (L’96), Photo Credit: Melissa Dorn law exam question for this Georgetown a former general counsel at the Depart- Law alumna in 2000 was real life in 2016. ment of Defense.
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IN THE PUBLIC INTEREST Home Court 30 Raises More Than a Million for Washington Legal Clinic
he 30th anniversary game of Home Court will not be would be disastrous…” Patricia Mullahy Fugere (L’84), co-found- forgotten in Georgetown Law history. Not because of the er and current executive director of WLCH, said at the event. winning team (the “Hoya Lawyas”), the humble score (34 “The reality, the truth that our clients experience every single day, Tto 31) or even the game — although the Lawyas pulled ahead in [is that] the best laid plans often go awry…when things go awry an exciting fourth quarter to win. in their lives, they know they can count on us, and they can only The annual charity basketball game typically pits George- count on us because we’ve been able to count on you.” town Law professors (the “Hoya Lawyas”) against members of Congress (“the Hill’s Angels”) as a fundraiser for the Washington 30 YEARS OF HOME COURT Legal Clinic for the Homeless (WLCH). But in the hours leading If the amount of money raised wasn’t impressive enough, there up to the March 22 game, the original “Hill’s Angels” team was was another unique twist to Home Court 30: Patty Fugere helped lost to the health care debate. plan the first Home Court game in the fall of 1987 for the game So Home Court 2017 will be remembered for those who filled in 1988. In 2017, Patty’s daughter Genevieve Fugere Hulick in: the Georgetown Law faculty, staff, students, and Hill staff- (L’17), now a Georgetown Law 3L, served as co-chair of the event ers who made up both teams so the game could continue. The along with Stephanie Ritter (L’17). Georgetown Law and Washington, D.C., communities who came The Home Court tradition was born when Jeff Schwaber out to cheer. The students who had spent years planning the (L’88), who was then writing a law school paper on homelessness milestone event. In the end, Home Court raised more than one issues, reached out to Fugere, who had by then founded WLCH. million dollars, a record-breaker from last year’s $646,000. Schwaber suggested the idea of a charity basketball game. Why? “Without the support of the Georgetown students, faculty, “I was walking to Georgetown Law and passing the CCNV administration and folks from the Hill who have played over the shelter, and it seemed like a strange juxtaposition, with the Capitol years, we might not have a legal clinic for the homeless, and that there, and the idea formulated in my head to put it all together,”
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Schwaber says. “I’m a big sports fan, [so it A FAMILY AFFAIR was a logical] idea to have a Congress ver- As Patty Fugere told all the participants sus faculty basketball game to raise money — players and fans alike — Home Court to deal with the issue of homelessness… has been a family affair for 30 years: “It’s then I met Patty Fugere. We decided to so beautiful to see the heights to which turn it into a fundraiser for the clinic; we you and your colleagues, your amazing set a goal of $10,000 the first year and colleagues, have taken us tonight.” raised $40,000.” At the 2017 game, Professor David When Patty went to planning meetings Koplow received recognition for playing for the first Home Court in late 1987, she since the first Home Court (Professor was pregnant with Genevieve. “Many a Michael Frisch, who co-captained with year later, I would drag her and my son to Dean of Students Mitch Bailin, received the games when they were little kids. They the honor last year). Hundreds of students, would be so excited to be a part of all the faculty and alumni have been involved in festivities,” Patty says. Home Court over the years, and many Genevieve was no ordinary Home Georgetown Law graduates have gone to Court co-chair. Like many Georgetown work for WLCH. Lindsay Amstutz (L’06) Law students, she’s dedicated to tackling helped create a fellowship program for issues of homelessness. But with a few Georgetown Law students — the Lane exceptions for college, Genevieve has Evans Home Court Fellows Program — at never missed a Home Court game in her WLCH. life. She went to work for then-Congress- Democratic National Committee Chair man Mike McIntyre (D-NC), who played Tom Perez, whose wife is an attorney on the Hill’s Angels team for years. In for WLCH, spoke to the crowd. “All we those days, Genevieve rooted for the Hill’s have to do is walk around this city and we Angels. By spring 2015, she was cheering understand the unfinished business…” on the Hoya Lawyas. Perez said. “I was Jesuit educated, and “There’s really nothing quite like it at one of the reasons I am so appreciative any other school,” Genevieve says. “You’ll of Georgetown is because you are putting hear professors who played in the early those…values into action right here.” days wax nostalgic about the different members who have played in the game, so Photo Credit: Bill Petros, Rick Roe that’s really a neat tradition that we have.”
An Alum on the Supreme Court?
n the evening of January 31, the name of Georgetown Law Though the nomination ultimately went to Neil Gorsuch, an alum of alumnus Thomas M. Hardiman (L’90) was on everyone’s lips Harvard Law, Georgetown Law is proud of Hardiman, who has served as a possible Supreme Court nominee. This generated some on the U.S. Court of Appeals for the 3rd Circuit since being nominated buzz as students in Professor Randy Barnett’s Constitution- by then-President Bush in 2007. He serves on that court with fellow Oal Law class gathered to watch the announcement in Room 140 of Georgetown Law alumni Thomas L. Ambro (C’71, L’75), D. Michael McDonough Hall. Fisher (C’66, L’69) and Kent A. Jordan (L’84). And in 2010, Georgetown Even the setup in the White House — a camera aimed at a podium Law gave Hardiman its highest alumni honor, the Paul R. Dean Award before a majestic red carpet — was worthy of mention. As Barnett for Distinguished Service. told his students, who may not have been born when former Presi- dent Ronald Reagan set up the hallway, the former actor was quite familiar with television. 2017 Spring/Summer 83 ALUMNI / FOR THE RECORD
Alumni Essay: Brian Concannon Jr. (L’89) Winning By Losing
Brian Concannon Jr. (L’89) is executive director of the Institute for Justice We tried to change our luck in & Democracy in Haiti, counsel in Georges v. United Nations and a former UN late 2013 with a class action tort Volunteer in Haiti. complaint at the Southern District of New York (SDNY), featuring a novel but compelling legal theory developed by my colleagues and our pro-bono counsel at WilmerHale. Following an interesting process-ser- vice process, the Department of Justice asked the District Court to dismiss our case on the grounds that UN immunity precluded jurisdic- tion. The motion hearing brought an overflow crowd to the SDNY’s largest courtroom. The judge’s questions showed a deep under- standing and interest in our legal arguments. My colleague Beatrice Lindstrom’s compelling argument earned her a standing ovation in the elevator lobby. Four months later, the judge dismissed the case in an n December 1, 2016, UN ate misery for tens of thousands Schoolchildren 8-page decision distressingly devoid Secretary-General Ban of families. We also knew that the pick up oral of self-doubt. Ki-Moon presented the UN rehydration salts announcement was the result of a We appealed to the Second OGeneral Assembly with an ambi- distributed by US- long, uninterrupted series of legal AID/OFDA grantee Circuit. We lost our request for tious plan to respond to the cholera defeats by our team. Mercy Corps at epidemic introduced to Haiti by UN a hearing at first, but then won We started our losing streak a community Peacekeepers in 2010. He started with it, miraculously, with four days’ in 2011 by filing claims through cholera aware- a dramatic, heartfelt apology to the ness activity near notice for the March 1 hearing. the UN’s internal procedures on Haitian people in English, Haitian Mirebalais, Haiti, At the hearing, the overflow room Creole and French. The Secre- behalf of 5,000 cholera victims. on Jan. 26, 2011. overflowed and the judges’ tough In 2013, the UN’s Office of Legal Photo copyright tary-General then announced $200 Kendra Helmer/ questions kept the U.S. Attorney million in investments to fight cholera, Counsel (OLC) rejected our claims USAID. on the defensive. Beatrice’s ovation with the potential for much more in- as “not-receivable” because they started before she left the court- vestment down the road, and another would “necessarily require a review room. Five months later, the judges $200 million to support the victims of of political and policy matters” (we dismissed our appeal in 22 unani- the epidemic. still do not know what that means). mous, confident pages. Along with my colleagues at the We dashed off a letter threatening Not wanting to break all of our Institute for Justice & Democracy to bring the case to U.S. Federal eggs in one basket, we also filed in Haiti (IJDH) and our Haitian Court if the UN would not at least a Complaint Letter with the UN sister organization, the Bureau des discuss the case with us. OLC Special Rapporteur on Water and Avocats Internationaux, I celebrat- replied that it did “not consider Sanitation, Catarina de Albuquer- ed the announcement. We knew it necessary to meet and further que. Albuquerque agreed with that the UN’s investment would discuss this matter.” our analysis, and along with three save hundreds of lives and allevi- other Special Rapporteurs, wrote a
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formal Allegation Letter to the UN Sec- The short answer, so far, from the the hundreds each year for the foreseeable retary-General. We found this auspicious, UN Office of Legal Counsel, the -Sec future because their lawyers could not get almost a victory, as it was the first time that retary-General, the SDNY and the 2d to first base. a Rapporteur had issued an Allegation Circuit, is NO! But while we were losing In fact, a network of people and orga- Letter — which requires a formal response hard in the courts and in the UN pro- nizations, all committed to helping the UN — to the United Nations itself, instead of cedures, the case was winning in the better live up to its ideals, grew up around to a UN Member State. But although the Court of Public Opinion. The UN’s legal the case. Our Second Circuit brief was UN’s response filled 33 pages, it rejected arguments, although technically success- accompanied by six amicus curiae briefs the Allegation Letter’s allegations. ful, were broadly perceived as betraying from more than 50 legal scholars, former In Wally Mlyniec’s Juvenile Justice the organization’s mission to promote high-level UN officials, Haitian-American Clinic, we learned that some cases were the rule of law. UN Special Rapporteur organizations and human rights groups worth taking, even if you might not win. Philip Alston even called them “morally around the world. Members of Con- Wally taught that fighting cases hard kept unconscionable, legally indefensible, and gress — 160 in all, from both chambers the system honest, showed support to politically self-defeating.” and both parties — signed letters urging clients who spent their lives playing against The potential for us to win by losing Secretary of State Kerry to urge the UN a stacked deck and established the basis revealed itself after the UN’s first rejection to do better, as did editorials in the New for systemic reforms. Sometimes, you even in 2013, which arrived on my phone as York Times, Washington Post and many other win. I was driving to an Arizona zoo with my major papers throughout the world. Two The Haiti cholera case seemed like family on vacation. It was a Friday, late documentaries — one an Emmy-winner one of those cases that needed to be afternoon in New York and Washington, — were made. Georgetown Law’s O’Neill taken. The epidemic is the worst cholera later in London and Paris. I closed my Institute for National and Global Health outbreak in modern times. It has killed phone, figuring I could vacation that Law organized a congressional briefing at least 10,000, maybe three times that afternoon and work over the weekend to and blogged about the case; Yale’s Schools number, and sickened well over one prepare a response for Monday. of Law and Public Health issued an million Haitians since 2010. The disease The BBC reached me in front of the influential report. Protests were organized has slowed but still killed over 400 people macaw cage. The UN had released the in Haiti, New York and Geneva. Chol- in 2016. The causation was not seriously letter to the press, perhaps sharing my op- era victims sent 2,000 letters to the UN disputed — even the UN’s own experts ad- timism that no one would care on a Friday Security Council. UN insiders, including opted the scientific consensus showing that evening. The macaws’ squawks pushed High Commissioner for Human Rights cholera was introduced to Haiti by reckless me over to the turtles, but the signal cut Navanethem Pillay, publicly supported the sanitation at a UN Peacekeeper base out there, so I finished the interview with cholera victims’ campaign. hosting soldiers deployed from the area parrots singing backup. I decided the BBC The legal team invested as much of an Asian cholera outbreak. The UN’s interest was a fluke, pocketed my phone energy nurturing this network as it did obligation to compensate people harmed and ran to catch up with my family by the preparing the legal case. In the end, it was by its operations was likewise undisputed. monkeys, where NPR found me. I did that a combination of the network’s pressure The UN does enjoy protection from interview with a finger in one ear, won- and the technically unsuccessful legal domestic courts. But we argued that dering whether NPR listeners were smart work that prevailed in the Court of Public immunity is a two-way street: in return for enough to know there were no monkeys Opinion. There is still more work to do the extraordinary power that immunity in Haiti, where I hoped people imagined on the case. The UN’s promises must grants, the UN has an obligation to pro- I was. be funded and effectively implemented. vide alternate remedies to those alleging The phone kept ringing, and I kept do- Actually eliminating cholera will require harms by its operations. If the UN refuses ing interviews (pro tip: meerkats are quiet, water and sanitation infrastructure costing to abide by its obligations, it should lose need shade and have good cell reception). far more than the promised $200 million. its ability to invoke immunity. So the only The outrage in the voices of the journal- But Haitians say men anpil, chay pa lou — legal issue at stake in our five-year battle ists — many of whom had previously been many hands make the load light. If the was jurisdiction: if the UN chose not to skeptical of our claims but were shocked network that has achieved so much already comply with its acknowledged obligation at the cavalier response — generated can be maintained and increased, justice to compensate for harm it had indisput- enough hope to at least partially displace can prevail. ably caused, could anyone make it? the visions of Haitians dying of cholera by 2017 Spring/Summer 85 ALUMNI / FOR THE RECORD
Alumni Profile: Richard H. Adler (L’80) Lystedt resumed playing with an undiagnosed concussion. “At the end of the game he collapsed on the field screaming bloody murder as his blood was filling up the inside of his skull from an enlarging subdural bleed,” Adler reports. This type of bleed can result in catastrophic or fatal outcomes, he explains, because the brain begins to decompress from the blood filling the cavity inside the skull. Zack underwent lifesaving brain surgery, yet he suf- fered permanent and lifelong motor, physical and cognitive injuries. Richard H. Adler (L’80)(third from left, standing behind the governor) and his client Zackery Lystedt (third from On behalf of the family, Adler right) witness the Lystedt Law being signed by Washington State then-Governor Christine Gregoire in 2009. and his co-counsel resolved the injury case for the full liability arly on in life Richard H. to work together to prevent this “I had and umbrella insurance coverages Adler (L’80) decided that his preventable injury from occurring memories of available to provide for Zackery’s mission was to give voice to to other kids and families.” ’Fast Frank’ life care needs. At the same time Epeople who were not being heard and [Georgetown that this case was going forward, issues that were not getting discussed. The Lystedt Law Adler was serving as president of So when the family of an injured Law Professor When 13-year-old Lystedt made a the Brain Injury Association of teen named Zackery Lystedt came to and then tackle toward the end of the first Washington (now called the Brain him for legal help following a severe Associate half of his middle school football Injury Alliance of Washington), a traumatic brain injury from a middle Dean Frank game in October 2006, his head hit non-profit organization. He orga- school football game, Adler stepped Flegal (L’66)], up — and in so doing, became a the ground and he was shaken up, nized and spearheaded healthcare who taught national advocate for safety in youth but he did not lose consciousness. professionals, professional sport sports and brain injury awareness. He Following an official time out, Zack- civil procedure organizations such as the Seattle also encouraged the family, including ery walked off the field on his own and so much Seahawks, the Washington Inter- Zackery, to use their voices as well. with a coach talking with him. In more...” scholastic Activities Association — “I said, I will do everything years past, Zackery’s head hit was the rule making body for all student I can to make sure that your son called a “ding” — little attention athletics — private youth soccer, has the lifelong resources he will was paid to it and youth athletes athletic trainers, insurers and other need going forward,” says this were routinely returned to practice stakeholders into a strong coalition 1980 Georgetown Law graduate, or competition. If the brain does seeking legislative change. who practices at his Seattle-based not have sufficient time to recover, Adler next drafted legislation personal injury law firm, Adler however, there are risks of cata- that focused on preventing prevent- Giersch. “But I need you to help strophic results. able brain injuries in youth sports. me, when the case is resolved, to “The assessment on the sideline This legislation was passed in the tell your story publicly so that all by the middle school teacher-turned State of Washington in 2009 by families will know that a concussion coach may have been well inten- unanimous vote in the House and is a brain injury and that all brain tioned, but the school administra- the Senate chambers. The core injuries can be serious. We need tion did not train the coaches or principles of the law — officially educate the parents and student known as the Lystedt Law in honor athletes on the proper return-to- of Adler’s client — required a play protocol,“ Adler says. youth athlete to be removed from
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practice or competition when he or she is Private meeting in the governor’s suspected of having suffered a concussion; office prior to signing House Bill return-to-play can only occur following 1824, May 14, 2009: Richard H. Adler (L’80); Governor Christine medical clearance by a licensed healthcare Gregoire; Stanley Herring (Team professional trained in the evaluation and Physician, Seattle Seahawks); management of concussion. By January Zackery Lystedt; Victor Lystedt; Mercedes Lystedt; and State Rep. 2014, the core principles of Washington’s Jay Rodne (5th District). first-in-the-nation law had been adopted in all 50 states and Washington, D.C. Was drafting legislation something Adler learned at Georgetown Law? “My education at Georgetown taught me that an effective advocate dives deeply into an After graduating, Adler headed to need for preparation, preparation, prepa- issue, researches it thoroughly, asks the Seattle to work at one of the most highly ration,” he says. Adler became especially right questions, brings in the right experts respected public defender agencies in the interested in traumatic brain injuries, and knows the importance of words and country. However, when an underfunded penning a book for survivors, caregivers language in crafting a message,” Adler system began to take its toll, he set out for and families and speaking to attorneys and says. He knew that the Centers for Disease private practice with a couple of col- medical groups on the subject. Control had been working on a national leagues. Shortly, thereafter a college friend These days, Adler might be found educational awareness campaign on the asked him to represent her in a personal lecturing at medical conferences for issue of preventing preventable brain injury case. He initially declined, having physicians, medical researchers, attorneys, injuries in youth sports. However, Adler no interest or expertise in tort law at that sports professionals, coaches and students saw that education alone was ineffective point. about traumatic brain injuries. He re- to bring the issue to the forefront and it “She was a passenger in a vehicle that ceived the first award to an attorney from was time to take a top down approach. got broadsided by a drunk driver and the American College of Sports Medicine “Education plus legislation has proven to she had some significant injuries. But she and an advocacy award from the Brain be very effective in the public health and marched forward in life and overcame a Injury Alliance of Washington. In 2016 safety campaign on preventing preventable lot,” Adler recalls. “I remember advising he was the only attorney to receive the na- brain injuries in youth sports and increas- her to hire someone else as tort law was tional pro-bono award from the American ing awareness of the importance of good not my area of focus or interest. She Association of Justice. brain health,” he says. replied, ‘You’re the guy who closed up the “What’s most gratifying is that parents library every night in college. You’re the and community members across the Building the Foundation one that’s going to protect me and if you country are talking about concussions and Personal injury or tort law was not what don’t know something you’ll figure it out. I brain injuries — giving special attention to Adler envisioned when he arrived at just trust you to do the right thing.’” the safety of the brain on the playing field and in the classroom,” Adler says, noting Georgetown Law after college at the State An Ambassador for the Client University of New York. His interest and that the National Football League has also passion was in criminal law. Tort law in the real world, Adler discov- taken up the cause. “All this got stirred “If you want to be in law student heav- ered, was as different from tort law in the up because Zackery Lystedt endured life en, then Washington, D.C., is the place,” classroom as night and day. He found the threatening injuries from a middle school Adler says. “Where else can one find local case so interesting that he soon switched football game. To my mind, the Lystedt and federal courts at all levels, hubs of from criminal work to civil work. “I had family is the ‘first family’ of youth sports administrative agencies, and Congress memories of ’Fast Frank’ [Georgetown concussions, as they used their voices to and the president within elbow distance Law Professor and then Associate Dean tell the story about preventing preventable of one another? Add to that Georgetown’s Frank Flegal (L’66)], who taught civil pro- brain injuries. We all owe gratitude to renowned faculty and its overarching cedure and so much more, memories of them for their sacrifice. For me, it’s been mission of service to others. It all com- Professor Ted Rothstein on Evidence and an honor to be their attorney, counselor bined to provide an ideal environment for the importance of knowing evidence rules and advocate — giving voice to a deeper learning.” like the back of your hand, and Professor understanding and appreciation for trau- William Greenhalgh, who drilled in us the matic brain injury.” 2017 Spring/Summer 87 /ALUMNI ALUMNI / FOR THE AUTHORS RECORD
Ambitious and young, Washington DC lawyer Nathan Hirsch never CONROY Judith Daar (L’84) has explains. “I sought out wanted to return to rural Bethell, Washington, where his father died, where his brother Ritchie left for Vietnam never to return, and where AMERICAN HISTORY * CIVIL WAR $27.00 his mother, depressed by grief, has retreated from reality. A HISTORY BOOK CLUB SELECTION Rivertown HOUSE LINCOLN’S WHITE this work and center after Rivertown published The New Lincoln’s White House: The People’s House in Wartime is And yet, when Nathan disgraces himself by an act of disloyalty that costs “Gripping, atmospheric, and at times spellbinding, Conroy’s masterful work does much more the first book devoted to the look, feel, and smell of the him his practice in DC, Bethell is the only safe harbor where he can than recollect the fraught public and private lives that Lincoln and his family endured in the executive mansion from Abraham Lincoln’s inauguration find solace. Helped by Harry King, family friend and street-smart local Civil War White House. Not only are Conroy’s research and analysis impressive, but with the the people’s house in wartime in 1861Eugenics: to his assassination in 1865. James B.Selective Conroy I was converted from an lawyer, he begins to rebuild his career there as a lowly public defender. flair of a novelist or playwright, he brings the story alive by skillfully evoking its anxiety-riven brings the house to life along with the people who knew charactersHEROES and its grand but dilapidated locale. I know of no other book since the original rec- it. Through the eyes of Lincoln’s servants, aides, family, But when Nathan finds himself representing a defendant wrongly ollections of Lincoln’s White House secretaries that does a better job of re-imagining America’s friends, and critics and the constant stream of ordinary accused of murdering a Hirsch family friend, the case’s twists and most famous landmark during the war for the nation’s soul.” —HAROLD HOLZER, citizens,Breeding visiting dignitaries, and celebrities inwho passed an Era of Re- NRA partisan to a gun turns darkly point responsibility at Harry King and other Hirsch family author of Lincoln andA the NOVEL Power of the Press, winner of the Lincoln Prize through its open doors, Conroy lets the reader see how
HEROES Mike Cohen the Lincolns and their staffs worked, entertained, and intimates. Supported only by Katie, his dead brother’s girlfriend, “Conroy finds old and new sources for the fascinating backstairs events and people in Lincoln’s conducted day-to-day business during four of the most Nathan risks accusations of disloyalty to his flesh and blood, and again productive Technologies control advocate based on White House. He writes concisely yet imaginatively to bring many famous or forgotten people tumultuous years in American history. Relying on fresh faces disbarment if he pursuesJAMES the truth. B. CONROY, back to life: black and white, military and civilian, male and female, malicious and beneficent, research and a character-driven narrative and drawing on a trial lawyer in Boston for over thirty years, is the author young and old. This book will be a standard source for the Lincoln presidency.” untapped primary sources, the author takes the reader on a of Our One Common Country: Abraham Lincoln and the —JAMES M. CORNELIUS, PhD, behind-the-scenes(Yale tour revealing University how Lincoln lived, led the Press, what I learned about the Hampton Roads Peace Conference of 1865 (Lyons Press, curator, Abraham Lincoln Presidential Library & Museum, Springfield, Illinois government, waged war, and ultimately unified the country 2014)—a finalist for the Gilder Lehrman Lincoln Prize for to build a better government of, by, and for the people. Lawyer Mike2014. He Cohen resides has on Boston’s applied South over Shore. four decades “Conroy takes us into the life and thought of the gangling, brilliant master of ‘The People’s of legal practice to his first book, Rivertown House,’ and the rollicking conversations of its residents and swarms of visitors. The White In a 2017).starred review, “awarded “Eugenics,to books of exceptional the predatory American gun House that has been the background of many Lincoln books becomes the foreground of Lin- merit,” Kirkus Reviews called Conroy’s first book,Our Heroes, a vivid coming-of-age story and gripping coln’s Civil War thanks to Conroy’s splendid prose and sparkling humor.” One Common Country: Abraham Lincoln and the Hampton legal mystery. Cohen has experienced the legal —RONALD C. WHITE JR., Roads Peace Conference of 1865, a “brilliant account of the profession from a variety of perspectives: he’s author of A. Lincoln: A Biography and American Ulysses: A Life of Ulysses S. Grant. doomedeffort effort to end the Civil Warto through improvediplomacy” and the hu- industry while serving on worked as a Washington State Supreme Court law LINCOLN’S a “splendid addition to any Civil War library,” with a “witty, clerk, a white collar crime prosecutor, founded his “Conroy brings Lincoln’s White House to life, letting readers step through the gates, past the acerbic and ironic” style. Now Lincoln’s White House own small law firm, and has practiced as a senior guards, and into the presence of the Great Emancipator. Sit in Lincoln’s office and observe a paintsman the Civil War president’s species home and headquarters in by inhibiting ‘the Hill’.” partner in a multinational law firm. A student cabinet meeting, or watch the president and first lady shake hands at a reception. Eavesdrop vivid detail and traces his growth as a man and a leader at Georgetown Law Center in the 1960s, Cohen specializes today in on conversations with office seekers, or enjoy a serenade. Recreating moments, great and small, WHITE HOUSE as he learns to use the White House as a rallying point for estates, trusts, and related litigation, and has used his background to of joy, grief, exhaustion, commotion, and solitude, Lincoln’s White House gives us a new appre- the nation, a platform for racial progress, and an engine for create a realistic and absorbing legal tale. Born in the Midwest, Cohen ciation for the burdens Lincoln and his family endured during the Civil War.” social reproductionchange. of ‘inferior’ —JONATHAN W. WHITE, currently lives with his family in the Pacific 800-462-6420Northwest. www.rowman.com author of Midnight in America: Darkness, Sleep and Dreams during the Civil War the people’s house in wartime Distributed by NATIONAL BOOK NETWORK genetic strains, ultimately Cover art: A watercolor by Joan Brancale of a nineteenth-century engraving. Author photo by Christa Comeau Karen (Angelo) Fortunati $27.00 Jacket design by Meredith Nelson came to be regarded as Mike Cohen JAMES B. CONROY (L’89) writes that her the great shame of the book The Weight of Zero Progressive movement,” (Delacorte Press, October Mike Cohen (L’69) re- James B. Conroy (L’82), the book jacket states. Mike Kowis (LL.M. ’96) 2016) was chosen by the cently published his first a trial lawyer in Boston “Judith Daar, a prominent has published Engag- American Booksellers novel, Rivertown Heroes for 35 years, is the author expert on the intersection ing College Students: Association as a Summer/ — an “intense coming of Lincoln’s White House: of law and medicine, A Fun and Edgy Guide Fall Indies Introduce Title; of age tale of fidelity, The People’s House in argues that current for Professors (Lecture was featured in Seven- community and justice,” Wartime (Rowman & Lit- attitudes toward potential PRO Publishing, October teen Magazine, Septem- he writes. “The book is a tlefield, October 2016), a users of modern assisted 2016). In this amusing ber 2016; was named a Watergate-era tale told by non-fiction account of life reproductive technolo- how-to guide for profes- Barnes and Noble 2016 Nathan Hirsch, a young behind the scenes in the gies threaten to replicate sors, seasoned instructor Most Anticipated Debut; D.C. lawyer burdened Civil War White House. the same discriminatory Mike Kowis shares 44 and was named an Ama- with guilt from his past. The book was recently practices from eugenics. college teaching tips that zon Editors Favorite Young Forced to end his practice named the co-winner of In her book, Daar asserts will help any teacher, Adult Book for Fall 2016 in the nation’s capital, the 2017 Gilder Lehrman how barriers that block advising readers to (a description of the book Nathan retreats to his Lincoln Prize — a $50,000 certain people’s access to 1) ENGAGE students appeared in the Spring/ hometown of Bethell, award and the most im- reproductive technologies in thought-provoking Summer 2016 issue of Washington, and takes portant book award spe- are often founded on classroom discussions; 2) Georgetown Law). a humble job as a public cifically in the Lincoln and biases rooted in notions MOTIVATE them to read defender arranged by Civil War field. Conroy’s of class, race, and marital the assigned materials; 3) his “Uncle” Harry King, first book,Our One Com- INSPIRE them to attend status.” Naazima Kamardeen Nathan’s childhood mon Country: Abraham all classes and stay until (LL.M.’04) has published mentor. But when Nathan Lincoln and the Hampton the final bell; 4) CREATE Global Trade and Sri Lan- represents an indigent de- Roads Peace Conference Tom Diaz (L’72), author a fun and lively learning ka: Which Way Forward? fendant wrongly accused of 1865, was a finalist for of The Last Gun: How environment; and 5) (Stamford Lake, 2016)— of murdering a Hirsch the 2014 Lincoln Prize. Changes in the Gun ENCOURAGE students to described as “a scholarly family friend, the case’s “Lincoln’s White House Industry Are Killing Amer- use their critical thinking and exhaustive survey twists and turns point to is the first book devoted icans and What It Will skills. This brutally honest of all aspects of global Harry and other Hirsch to capturing the look, Take to Stop It, (The New book is based on the trade from historical family intimates. Fans of feel and smell of the Press, 2013) appeared many lessons that Kowis times to the present day, Scott Turow and David executive mansion from at the Hammer Forum: learned during his last 15 including the role of Sri Guterson’s complex legal Lincoln’s inauguration in The New Movement to years of teaching college Lanka in ancient global novels will welcome this 1861 to his assassination End Gun Violence at the classes, and it’s filled with trade, tracing the origins work to the genre.” in 1865,” the publisher’s Hammer Museum in Los dozens of hilarious — of attempts to regulate web site states. “James Angeles in September. and often embarrassing world trade beginning Conroy brings to life the Diaz is a writer, lawyer — anecdotes. For more with the Bretton Woods people who knew it, and public speaker on the information, please visit conference of 1944… from servants to cabinet gun industry and gun con- www.engagingcollegestu- [and] through decades of secretaries.” trol issues; the book was dents.com. negotiations ending with published in hardcover the WTO.” Kamardeen is shortly after the Newtown a senior lecturer in the massacre. “I currently Department of Commer- work part-time at the non- cial Law at the University profit Violence Policy Cen- of Colombo, Sri Lanka. ter in Washington,” Diaz
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Amelia Vukeye Motsepe with international terror- court of the Empress Ma- (LL.M.’07) has edited HIV ism, UTA 772 became the ria Theresa in Vienna; Ei- and the Law in South ‘forgotten flight’. New- leen’s elder sister, Abigail, Africa: A Practitioner’s berger, who represented also serves at court. They Guide (LexisNexis South the families of the seven experience a complex Africa, July 2016). “South Americans killed in the life at the pinnacle of the Africa has over the years UTA 772 attack, now tells Habsburg Empire, whilst developed a progressive the story of the ‘forgotten other members of the legal and policy frame- flight’ for the first time. A family become part of the work to protect human real-life legal thriller and a equally glittering, though rights for all people living deep examination of the ultimately doomed, with HIV and AIDS,” the attacks that shaped our French court at Versailles. publisher states. “How- view of modern terrorism, Beyond Derrynane is a ever, continued stigma The Forgotten Flight is multi-layered story, rich Adrian Miller (L’95) has and discrimination often a fast-paced drama with in historical and dramatic Bestselling author Wendy published The Presi- remain barriers to access- important implications for detail, populated by an ar- Walker (L’94) has written dent’s Kitchen Cabinet: ing treatment and efforts how we achieve justice ray of colourfully complex a new thriller, Emma In The Story of the African to fight the epidemic for international crimes in and memorable char- The Night. “Three years Americans Who Have must be accompanied an increasingly globalized acters whose lives and ago, teenage sisters Cass Fed Our First Families, by a solid commitment world. stories play out in a series and Emma disappeared from the Washingtons to respecting the human of striking settings.” from their affluent, subur- to the Obamas (UNC rights enshrined in our ban home,” Walker writes. Press, February 2017.) Constitution. HIV and the “With just the clothes on Farin (Mirvahabi) Powell “[A]ward-winning author Law in South Africa: A her back and no evidence (MCL’72) has published Adrian Miller vividly tells Practitioner’s Guide aims of where she’s been, the stories of the African to facilitate easy access her third novel, a legal Cass returns — without Americans who worked to the law relating to HIV thriller called The Judge her sister. She talks of in the presidential food and AIDS in South Africa. (iUniverse, August 2016). kidnapping and isolation, service as chefs, personal Focus On Women Maga- and a mysterious island cooks, butlers, stewards zine writes that the book where the two were held. and servers for every First Combining the interna- “reveals the complexities But her story has holes Family since George and tional intrigue of John le and tragedies of our — and it’s up to forensic Martha Washington…” Carré with the courtroom criminal justice system. psychologist Dr. Abby publicity materials state. drama of John Grisham, It shows how a series Winter to find the missing “Surveying to labor of a real-life legal thriller by of unexpected events sister, Emma, and uncov- enslaved people during Stuart H. Newberger Kevin O’Connell can force a law abiding er what really happened the antebellum period (L’79) asks how we can (LL.M.’84) has published individual to choose a in their tortured past. The and the gradual opening bring leaders of sovereign Beyond Derrynane: A criminal path. The story truth will shock even Cass of employment after nations to account for Novel of Eighteenth Cen- in this fast-paced novel herself — a tale of fear, Emancipation, Miller their crimes. On Septem- tury Europe (The Gortcul- will stay with the reader family and what it will highlights how food-relat- ber 19, 1989, 170 people linane Press, July 2016). forever.” Kirkus Reviews take to survive her own ed work slowly became were killed when UTA Beyond Derrynane traces writes, “Powell opens past.” A Booklist starred professionalized and the Flight 772 was destroyed the largely fictional lives her novel with a bang, review states, “Both important part African by a suitcase bomb of several of the O’Con- depicting [an] abduction twisted and twisty, this Americans played in that planted by Libyan agents. nell family of Derrynane in almost as soon as the smart psychological thrill- process. His chronicle Despite being one of the County Kerry, Ireland, in narrative begins. The story er sets a new standard of the daily table in the deadliest terror attacks in the mid-to-late eighteenth is impressive in the way for unreliable narrators.” White House proclaims a history, outside France it century, focusing on that it shifts readers’ sympa- fascinating new American remained overshadowed of the Gaelic poet, Eileen thies…a gem of a legal story.” Miller once worked by the Lockerbie bombing O’Connell. “Wed at age thriller, full of plot twists as a special assistant that had taken place 10 sixteen…she is widowed and juicy secrets.” to former President Bill months earlier. Both at- before her seventeenth Clinton. tacks were carried out at birthday,” press materials the instruction of Libya’s state. “Eileen refuses to dictator Muammer Qadd- yield to another arranged afi, but while ‘Lockerbie’ marriage…and spends became synonymous the ensuing years at the
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CLASS NOTES \
Jennifer Lusser (F’88, L’91) and Kim Matthews (L’91) celebrate their 25th Reunion during Georgetown Law’s Reunion Weekend 2016. Photo Credit: Sam Hollenshead
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Louisiana in the area of Corpo- and toxic substance litigation. 1970 rate/M&A. He is the senior part- Marlette was selected to Buffalo Awards Alan H. Goodman was named ner in the Baton Rouge office of Business First’s “Legal Elite” and 1964 Harold W. Milton, Jr. to the 2017 edition of Louisiana Breazeale, Sachse & Wilson and “Power 250” in 2016. Super Lawyers in the area of liti- is a former chairman of the firm’s gation and also listed in the 2017 executive committee. Manuel A. Reboso is the new edition of Chambers USA: Amer- president of the Miami Chapter ica’s Leading Lawyers for Busi- 1980 of the American Board of Trial ness for Louisiana in the area of Advocates (ABOTA). He is the Bankruptcy/Restructuring. He is a Marc Oberdorff (MSFS’80), a managing partner at Rossman, partner in the New Orleans office public finance tax attorney with Baumberger, Reboso & Spier. of Breazeale, Sachse & Wilson. more than thirty years of expe- rience in public finance and fed- eral tax issues, has joined Pope Roger D. Winston (LL.M.) is the 1975 Flynn, a South Carolina-based new president of the American College of Real Estate Lawyers Ewell E. “Tim” Eagan, Jr., has law firm concentrating in public (ACREL), the premier organiza- been named to the 2017 Lou- finance and governmental law. tion of U.S. real estate lawyers. isiana Super Lawyers list for Winston is a partner at Ballard his work in Class Action/Mass Spahr, based in the firm’s Wash- Torts. He also made the Top 50: 1982 ington, D.C., office, and leader of 2017 New Orleans Super Law- Robert J. O’Regan, a partner at the Mixed-Use Development and Harold W. “Hal” Milton, Jr. yers and Top 50: 2017 Louisiana Burns & Levinson, was named Condominiums Practice. Super Lawyers lists. Eagan is a one of Massachusetts Lawyers was selected to receive the member at Gordon Arata in New Weekly’s 2016 Lawyers of the 2016 Excellence in Intellectual Orleans. Year. O’Regan won two land- 1984 Property Award by the mark decisions in 2016, Pfan- Sanford Davis (LL.M.) has joined Michigan State Bar IP Law nenstiehl v. Pfannenstiehl and the New York office of Akerman Section. Milton was nominated 1976 Guardian v. Migell. The Pfan- as a partner. He joined the firm Mark F. McCarthy (C’73), a part- nenstiehl case focused on the by section members and from Withers Bergman. Davis ner at Tucker Ellis, was named a issue of trust assets as marital chosen by the IP Law advises privately held and pub- 2017 Ohio Super Lawyer. He is a property in divorce proceed- Section Council based on his licly traded companies, high-net trial lawyer with more than three ings; it is now the definitive law worth investors and investment significant contribution to decades of experience, working on trust interests for division of funds on a broad range of U.S. the IP law field, both through mainly in the areas of products marital assets in Massachusetts, and international tax matters. liability, commercial, medical and also serves as guidance for his legal practice and his malpractice and intentional tort every one of the 35 plus states dedication to teaching the next defense litigation. McCarthy has that use a similar equitable divi- Thomas Kahn has joined the generation of patent lawyers. Center for Law and Social Policy’s also tried automobile, insurance sion statute. In Migell, O’Regan The award presentation was coverage, workers’ compensa- won a major appellate victory as (CLASP) board of trustees. Kahn held at the 42nd Annual tion, banking and consumer law the conservator for Alice Migell, became the director of Legisla- cases to verdict. whose nearly $5 million estate tive Affairs at the American Fed- Intellectual Property Law was pilfered by one of her sons. eration of Government (AFGE) in Institute on Mackinac Island, The November 2, 2016, decision 2016, after serving for 19 years July 21-23, 2016. 1977 by the Massachusetts Appeals as Democratic staff director for Lon R. Williams (MSFS’76) has Court upheld judgments from the House Budget Committee. been appointed to the 2017 board Middlesex Probate and Family He was also a corporate attorney of directors for the Texas Asso- Court that returned real estate at Sullivan & Cromwell in New ciation of Business, the state’s and sale proceeds for other real York. leading advocacy organization for estate that the son received, and the business community. He is kept, as trustee of a family trust. John H. Walsh (F’74), a partner a shareholder at Polsinelli and a The decision also upheld criminal at Eversheds Sutherland, has member of the firm’s Labor and contempt convictions against the been elected to the American Employment practice group. son and his wife. Law Institute (ALI). He was nom- inated by current members of 1983 ALI and selected on the basis of 1979 professional achievement and Van R. Mayhall, Jr. (LL.M.), was Peter S. Marlette has been demonstrated interest in improv- named to the 2017 edition of re-elected managing director of ing the law. At Sutherland, Walsh Louisiana Super Lawyers in the Barclay Damon’s Buffalo office. represents broker-dealers, hedge area of Business/Corporate and He devotes a substantial portion funds, investment advisers and also listed in the 2017 edition of his practice to the defense of other securities firms in com- of Chambers USA: America’s high-exposure products liability pliance and regulatory issues Leading Lawyers for Business for 2017 Spring/Summer 91 ALUMNI / CLASS NOTES
involving the U.S. Securities and such as employment discrimi- 1990 Appointments Exchange Commission (SEC) and nation and harassment claims, the Financial Industry Regulatory wage and hour issues, and work- Bradley Risinger, a partner in the 1978 Robert N. Davis Authority (FINRA). place investigations. Raleigh office of Smith Moore Leatherwood, was recognized in Patricia Kinaga has joined LTL Peter B. Kanter has joined Reed Benchmark Litigation 2017 as a Attorneys as a partner, serving as Smith in San Francisco, focus- “Local Litigation Star.” Risinger co-chair of the firm’s employment ing his practice on the resolution litigates and tries commercial and class action litigation group. of property tax and real estate disputes. For more than 20 years, she has transfer tax controversies. He focused her practice on employ- was formerly a partner at Mor- Mark L. Whitaker, a partner in ment litigation, including class rison Foerster and became Of the Intellectual Property Law actions, representing private and Counsel there in 2008. Litigation practice of Morrison public employers in high-profile & Foerster, was recently named cases. Kinaga began her legal Orlando R. Richmond, an attor- president of the American Intel- career at the Los Angeles City ney at Butler Snow in Jack- lectual Property Law Associa- Attorney’s Office and joined son, Miss., was inducted as a tion (AIPLA), the leading law Seyfarth Shaw, where she was Fellow in the American College association of patent, trademark, promoted to partner. She later of Trial Lawyers in September copyright and trade secrets prac- became a partner at Jones Day 2016. Richmond, who serves as titioners. before managing her own firm Robert N. Davis became the a member of the firm’s Exec- for the last 8 years. utive Committee, is nationally chief judge of the U.S. Court 1991 recognized as a leading product of Appeals for Veterans Claims James J. McDonald, Jr., has liability defense attorney primarily Jimmy Adams, a partner at (USCAVC) in Washington, been named to the Southern Cal- involved in mass tort litigation Brooks Pierce, was recognized in the 2017 edition of D.C., in an October passing-of- ifornia Super Lawyers 2017 Edi- involving pharmaceutical prod- Benchmark Litigation as a “Local Litigation the-gavel ceremony. Created tion®. The managing partner in ucts, toxic torts and environmen- the Irvine office of Fisher Phillips, tal issues. Star” for General Commercial. in 1989, USCAVC is a federal McDonald has handled hundreds He was also honored as an indus- appellate court that decides try leader in the 2017 edition of of employment lawsuits and also Javier Rubinstein joined the North Carolina Super Lawyers. cases filed by the nation’s advises employers on how to Chicago and New York offices military veterans who appeal prevent employment disputes of Kirkland & Ellis as a partner Department of Veterans from arising as well as strategic on October 1. He will help build Leasa M. Stewart was named human resource management by Thompson Reuters to the Affairs benefits decisions. the firm’s International Arbitra- issues. He is author of the book tion Practice Group. Rubinstein is 2016 Oklahoma Super Lawyers Davis is the court’s ninth California Employment Law: An well known in the legal commu- list. Stewart, who practices with chief judge and presides as a Employer’s Guide, published by nity both in the United States GableGotwals, was recognized decorated Navy veteran. He the Society for Human Resource and abroad, from his service as for her work in Employee Bene- was commissioned in 1987 Management (SHRM) in 2016. vice chairman and global general fits Law. as an ensign in the U.S. Navy counsel at PricewaterhouseCoo- pers International (PwC) during Reserve Intelligence program 1988 the past 10 years, and his earlier 1992 and was honorably discharged Karen Morris has been named role as the global leader of the Joseph T. Boccassini (B’89), in 2007 as a commander. chief of negotiations and restruc- International Arbitration Practice who began his legal career as a Through his 20-year service turing at the Pension Benefit at Mayer Brown. summer associate at McCarter Guaranty Corporation, playing a as an intelligence officer he & English in 1991 and worked key role in the agency’s efforts his way up to become a partner took a variety of active duty Gregory D. Winfree, former to preserve traditional pen- and a prominent member of the assistant secretary of the U.S. assignments around the world, sion plans. During her career at firm’s management, has become Department of Transportation, including an assignment with PBGC, Morris has served in a managing partner of the firm. has been appointed by the Texas variety of roles. She has deep Boccassini joined the firm’s Com- the National Security Agency A&M University System Board knowledge of defined benefit pensation Committee in 2008 Intelligence support in 1997, of Regents as agency director pension plans, plan terminations, and later became a member of 1998 and 2000 at Fort Meade, of the Texas A&M Transportation insurance principles and PBGC’s the Executive Committee. He Institute (TTI). Winfree joined Md.; a presidential recall in operations and mission. represents commercial clients in USDOT’s Office of the Assistant 1999 to Bosnia; and recall to complex civil litigation matters, Secretary for Research and Tech- including securities litigation, active duty after the terrorist nology in March 2010 as chief 1989 shareholder derivative claims, attacks on September 11, 2001. counsel and was sworn in as the Rosemary Enright has been professional negligence actions assistant secretary in January elected partner at Barclay and claims of breach of fiduciary 2014. During his tenure, Winfree Damon. She practices in the duty, all in the federal and state also served as deputy administra- firm’s Buffalo office and is a courts in New York and New tor and administrator of a prede- member of the Labor & Employ- Jersey. cessor agency, the Research and ment Practice Area. Enright’s Innovative Technology Administra- practice includes counseling and tion (RITA). defending clients from a broad range of industries on matters
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the company since 2003. She Kobie Flowers has joined Brown, 1994 previously served as an assis- 2000 Goldstein & Levy in Baltimore, George S. LeMieux, an attorney tant district attorney in the Bronx. Nathan M. Berman was named Md., as a partner. Flowers began at the Florida law firm Gunster, Grays is 1st Judicial District vice partner at Zuckerman Spaeder. his legal career as a member of has joined Florida TaxWatch’s president of the New York State He is an experienced litigator in the Attorney General’s Honors board of trustees as corporate Bar Association and serves on the firm’s Tampa office and has Program in the Criminal Section treasurer. Florida TaxWatch is a the board of directors of the Met- active practices in both civil and of the Department of Justice nonprofit taxpayer research insti- ropolitan Black Bar Association, criminal law. Berman has rep- Civil Rights Division. He then tute that works with the state’s where she previously served resented clients in commercial represented indigent people business and political leaders to as president. She has received disputes, consumer litigation, as an assistant federal public improve Florida. LeMieux chairs numerous awards and recogni- securities, False Claims Act litiga- defender in Baltimore. Following Gunster’s board of directors tion for her leadership in bar and tion, environmental litigation, pro- his government service, Flow- and focuses his law practice on diversity endeavors. fessional malpractice, maritime ers entered private practice and resolving business and govern- matters and more. On the crimi- focused on complex commercial mental disputes. He advises Marianne Koepf was promoted nal side, he has represented cor- litigation, assisting corporate cli- CEOs and C-suite executives on to partner at Carothers DiSante porations and individuals facing ents with investigations involving business, law and government & Freudenberger, a California investigations and prosecutions the False Claims Act, the Foreign from a local, state and national employment, labor and immigra- in areas including health care Corrupt Practices Act, and fed- perspective. tion law firm. Koepf supports, and other fraud, FCPA, securities eral securities laws, as well as advises and defends compa- violations, tax matters, deceptive continuing his criminal defense 1996 nies in all areas of employment and unfair trade practices, narcot- practice. Later, he gained related matters. She is based in ics and environmental crimes. experience in mass toxic tort Kathleen M. O’Sullivan, a part- the firm’s San Francisco office. ner at Perkins Coie, was named chair of the firm’s national Commercial Litigation practice. 1998 Her practice includes antitrust, Drew Breuder has been named business torts, class action, partner at O’Melveny. A litigator In Memoriam consumer protection, constitu- in the firm’s Century City office, tional, contracts, False Claims Breuder advises clients on mat- E. Clinton Bamberger Jr. (L’51) Salvatore Mastandrea (L’60) Act, securities, trade secrets and ters including copyright, trade- Gordon Bennett (L’55) Destinee McCulley (L’18) other cases. mark, intellectual property, white collar investigations and enter- Arthur J. Brew (C’44, L’51) John C. McGinn (L’54) George A. Willman has joined tainment and media. In addition Sewall P. Bronstein (LL.M.’51) John Hector McRae (L’52) the Silicon Valley office of Pills- to his extensive client work, Charles Cahn II (LL.M.’64) John Noble (L’54) bury Winthrop Shaw Pittman as a Breuder heads an Associate and partner in the corporate practice. Counsel Advisory Committee and Mina P. Costin (L’74) William L. Otten, Jr. (LL.M.’60) Willman comes to Pillsbury from actively mentors junior associ- William A. Creech (L’58) Pasquale Palumbo (L’49) Reed Smith, where he led the ates. Northern California technology Robert Cornelius Danaher, Sr. Jerome A. Patterson (L’72) (C’46, L’48) transactions team. His practice Justine Fitzgerald has joined the Jonathan Plaut (L’61) focuses on preparing and nego- real estate practice of Hirschler Robert V. Deiana (L’62) William G. Potter (L’48) tiating licensing, development, Fleischer as a partner. Fitzgerald Clarence M. Ditlow III (L’70) service, distribution, manufactur- counsels clients involved in the Barry D. Rein (L’65) ing, supply, partnership and other acquisition and disposition, devel- Ann Schafer Dodge (L’55) business agreements around a Daniel M. Riess (L’67) opment, financing and leasing of Peter A. Donovan (L’62) wide range of technologies. He commercial properties through- Jerald E. Roehling (L’78) also has a background as a patent out the Washington metropolitan Carl D. Eisenmann (C’48, L’51) attorney and continues to provide Brian D. Rosenthal (L’77) area and around the country. Jan Faiks (L’98) intellectual property counsel- John Joseph Ryan (L’59) ing generally and as it relates to Philip Aloysius Faix, Jr. (L’62, Gunther Schiff (F’49, L’52) financings, mergers and acquisi- 1999 LL.M.’64) tions and other transactions. Frank Schuchat (L’80) Thomas M. Cryan Jr. (LL.M.) John Patrick Foley (L’53) has joined the Tysons Corner, Louis E. Siciliano (L’60) Frank W. Ford Jr. (L’50) Va., office of Littler. His practice 1997 Robert J. Timlin (C’54, L’59, focuses on a variety of tax and William Genego (LL.M.’79) LL.M.’64) Taa R. Grays was appointed to benefit matters, including exec- Miles J. Gibbons (L’64) the New York State Commission utive compensation and fringe Donald G. Walsh Sr. (L’58) on Judicial Conduct by Senate benefits issues. Cryan was previ- Morgan J. Goudeau III (L’52) Minority Leader Andrea Stew- John B. Walsh (L’53) ously a shareholder at Buchanan Mark P. Harty (L’78) art-Cousins for a term ending Ingersoll & Rooney. Morgan West (L’11, SCS’21) March 31, 2020. Grays is vice William F. Harvey (L’59, Robert E. Willett Sr. (L’50) president and associate general LL.M.’61) counsel for Information Gover- DePaul Willette (L’57) Glenn John Heyer (L’83) nance at MetLife, having served in other senior positions with Gary L. James (LL.M.’82) Michael S. Keplinger Sr. (L’71)
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litigation. Flowers has litigated research, clear thinking, and cases in federal and state courts 2001 2002 tightly-written analyses of com- throughout the United States Ralph Winnie (LL.M.) was Scott N. Wagner was named a plex legal issues,” the firm’s web and internationally in the military selected as an election observer “Top Lawyer” in the 2017 edition site states. commissions in Guantanamo Bay to monitor the presidential elec- of South Florida Legal Guide in as a criminal defense lawyer. tion in the Republic of Uzbeki- the category of corporate/busi- stan on December 4. He was ness litigation. He is a partner at 2005 Jeffrey L. Rudd has been ele- also interviewed in March on ITV Bilzin Sumberg in Miami, Fla. Michael D. Billok, a member in vated to principal of the Chicago regarding the North Korea crisis the Albany office of Bond, Schoe- office of Jackson Lewis. Rudd’s and on CCTV regarding China 2003 neck & King, has been named to practice focuses on employment Premier Li’s visit to Australia and the “BTI Client Service All-Stars litigation. New Zealand. He is director of Allison Brown was elected part- 2017” in the field of cybersecu- The Eurasia Center’s China Pro- ner at Weil, Gotshal and Manges, rity and data privacy. Billok is the gram and vice president of The effective January 1; she works in co-chair of the firm’s cyberse- Eurasian Business Coalition’s the firm’s Litigation Department curity and data privacy practice Global Business Development. and is based in Princeton. Brown and the occupational safety and has extensive experience repre- health law practice. senting clients on a wide range of complex litigation, including Adam T. Boston (LL.M.) has commercial, environmental, been named a stockholder of Awards pharmaceutical product liability, Reid and Riege, where he is a consumer fraud and mass tort 2008 Allison Winnike member of the firm’s Multiem- actions. ployer Benefit Plans practice area. Boston has been recog- Sawyer Neely has been pro- nized as a New England Super moted to shareholder at Sayles Lawyers “Rising Star” in Employ- Werbner. Neely represents ment and Labor Law since 2013. clients in personal and busi- ness disputes throughout Texas in matters involving direct and 2006 derivative shareholder claims, M. Elizabeth Dubeck has been securities claims, trade secret named partner at O’Melveny. and copyright battles, cata- Based in the firm’s Los Ange- strophic personal injury, and les office, Dubeck practices in complex business and tort cases. the project development and He also acts as local counsel real estate space, applying the for out-of-state companies and public-private partnership model lawyers with Texas litigation, to infrastructure development, and he is retained to conduct particularly airports, seaports and internal investigations including rail facilities, and leading the pri- workplace safety, environmental vatization of government-owned compliance, discrimination and assets. She also represents Allison Winnike, research director and research professor for the harassment. project sponsors and financial University of Houston Law Center’s Health Law & Policy Institute, institutions in financings of infra- received the 2016 Early Career Award for Excellence in Public Scott Singer was re-elected in structure and related projects, Health Law from the American Public Health Association Law March 2017 to the Boca Raton and more. Dubeck has served on the firm’s Associate and Counsel Section for demonstrating great promise as a future leader in the City Council, earning 71 percent of the vote. He also serves as Advisory Committee and was the field of public health law and in recognition of her contributions chairman of the Boca Raton Com- co-chair of the Women Attorneys’ to research, teaching and mentoring, practice and advocacy. munity Redevelopment Agency Network in 2013. She also received the 2016 Distinguished Service Award from and maintains a commercial law the National Center for State Courts for significant contributions practice and several other busi- 2007 to the judicial system. Winnike was cited for publishing two nesses. Laura Alexander has been influential books in 2016, “Control Measures and Public Health promoted to partner at Cohen Emergencies: A Texas Bench Book” and “Preparing for a 2004 Milstein Sellers & Toll, a Wash- Pandemic: An Emergency Response Benchbook and Operational Ruthanne Deutsch (LL.M.’17) ington, D.C., based firm where Guidebook for State Court Judges and Administrators,” the recently opened a boutique law she specializes in complex anti- trust litigation, class actions and latter authored as a member of the Conference of Chief Justices firm, Deutsch Hunt. She and her partner Hyland Hunt are appeals. Following law school, Pandemic and Emergency Response Task Force. both former Supreme Court Alexander served as a law clerk law clerks and met while in the to the Honorable Judge M. Mar- Photo Caption: Texas Office of Court Administration Director David Slayton, Supreme Court and Appellate garet McKeown (L’75, H’05) on Texas Supreme Court Chief Justice Nathan Hecht, Research Professor Alli- practice group of a large law the U.S. Court of Appeals for the son Winnike, University of Houston Law Center Dean Leonard M. Baynes firm. “We concentrate our prac- Ninth Circuit. and President of the National Center for State Courts Mary Campbell tice on appellate law and other McQueen. legal work that demands skilled
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Anne Tyler Hall (LL.M.) was Travis Jett has joined Gable- Lending Through the Exporta- named a 2017 Super Lawyer 2009 Gotwals as a shareholder in the tion Doctrine.” The annual writing Rising Star. She is a principal at Eric Loi (LL.M.) has joined firm’s Oklahoma City office. Jett’s competition seeks to recognize Hall Health Benefits Law. Norris McLaughlin & Marcus practice focuses on litigation, written contributions to the field in Bridgewater, N.J., practicing white-collar criminal defense, cor- of consumer financial services Mike Murphy was elected mayor in the executive compensation porate investigations, appellate law. He also won a 2017 Distin- of Merced, Calif., in the Novem- and employee benefits group law, administrative and regulatory guished Legal Writing Award, ber 2016 election. Merced is as an associate. Loi counsels law, corporate compliance, risk part of the Burton Awards for located in Central California and clients with respect to incentive management, governmental rela- Legal Achievement, for the same has a population of approximately and equity-based compensation tions and Indian and gaming law. note in the law student division. 84,000 residents. Murphy will agreements, change in con- Mason, who is clerking on the serve a two-year term. trol agreements and executive U.S. Court of Federal Claims in employment and separation 2016 Washington, D.C., presented agreements. He also has expe- Zachary Mason has won the remarks at the ACCFSL’s annual Youngwook Shin (LL.M.) has rience with the design, imple- award for Best Student Note meeting in New Orleans in April. been named partner at O’Mel- mentation and administration from The American College of veny. Shin was integral to the of qualified defined contribution Consumer Financial Services opening of O’Melveny’s Seoul and defined benefit plans. Prior Lawyers (ACCFSL) for his arti- office and to the expansion of to entering private practice, Loi cle “Online Loans Across State the Korea practice. His practice was a senior tax associate at the Lines: Protecting Peer-to-Peer includes complex business litiga- national tax department of a “big tion, antitrust, FCPA, regulatory four” accounting firm. and transactional matters. Since joining O’Melveny in 2009, Shin has been based in the Los Ange- Wayne Pollock has founded les office but will relocate to the Copo Strategies, which “helps Seoul office in 2017. He has also parties facing legal disputes Across Classes make their case in the Court of worked with North Korean refu- Georgetown Law Shines in Burton Awards gee students and Human Rights Public Opinion,” he writes. “The Watch. firm designs and implements communications strategies sup- Members of the Georgetown Law community made an porting the favorable resolution impressive showing in the 2017 Burton Awards for Legal Adam S. Tope has joined Hogan of its clients’ legal disputes while Lovells’s corporate practice as a minimizing any reputation harm Achievement. Winners were honored in a May 22 ceremony at the partner in the New York office. the disputes could cause.” Wayne Library of Congress in Washington, D.C.: Tope represents the sponsors was formerly an associate in the of private equity, real estate, Philadelphia office of Dechert. Supreme Court Justice Ruth Bader Ginsburg’s book My Own venture capital and hedge funds Words (Simon & Schuster, 2016), written with her authorized across the full spectrum of fund formation matters, including 2011 biographers, Adjunct Professor Mary Hartnett (L’85) and Professor co-investment vehicles, managed Emerita Wendy W. Williams, won the Burton Book of the Year in Vikram Agarwal (LL.M.’12) has accounts and funds of one. joined Bean, Kinney & Korman as Law Award. The book also received Special Recognition in the a shareholder. He practices in the 2017 Robert F. Kennedy Book Awards, a separate honor. 2008 area of taxation and corporate work and assists both individual Brendan J. Hennessey (L’15), an associate in the Washington, Kathryne C. “Kate” Dicker- and corporate clients with mat- D.C., office of Pillsbury Winthrop Shaw Pittman, won a Burton son (F’03) was promoted to ters ranging from tax controver- 2017 Distinguished Legal Writing Award in the law firm division special counsel at Wiley Rein, sies to cross-border mergers with co-author Norman Carlin for the article “Adapting to Climate effective January 1. Dickerson and acquisitions. Prior to joining is a member of the Telecom, Bean, Kinney & Korman, Agar- Adaptation: Implications and Opportunities for the Private Sector.” Media & Technology and Federal wal worked as a tax attorney at Trade Commission Regulation Skadden, Arps, Slate, Meagher Zachary Mason (L’16) won a 2017 Distinguished Legal Writing practices, counseling broadcast & Flom and a tax accountant at Award for his note, “Online Loans Across State Lines: Protecting TV and radio clients on a wide Ernst & Young. Peer-to-Peer Lending Through the Exportation Doctrine.” Mason, array of issues, such as program- ming content; lottery, tobacco who wrote the note as a student, was one of ten winners in the and alcohol advertising; political Sebastien Chain (LL.M.) has law student division. advertising; assignments and recently been promoted to transfers; and ownership and income shareholder at Chamber- Leslie T. Thornton (L’83, LL.M.’16) received a Burton 2017 Legends lain Hrdlicka. Chain is based in attribution rules. She also coun- in Law Award, given to general counsel for excellence in their sels clients on advertising-related the Houston office and concen- fields. Thornton is senior vice president, general counsel and issues, including those aris- trates his practice on federal, ing under the FTC Act and the state and local tax controversies. corporate secretary of WGL Holdings, Inc., and Washington Gas. Lanham Act.
2017 Spring/Summer 95 ALUMNI / CLASS NOTES
Awards, Recognitions and Appointments
John Butler (C’01, L’06), a spe- firm’s Management Committee. Michael Kessler (L’05), an attor- The Ignatian Solidarity Network, cial prosecutor for the Depart- He is nationally recognized as a ney at Clifford Chance, received is a 501(c)(3) nonprofit that net- ment of Justice as well as an leading attorney for exceptional the Lawyers Alliance for New works, educates and forms advo- assistant attorney general, will client service and experience in York’s 2016 Cornerstone Award in cates for social justice animated receive the prestigious Director’s labor and employment law. The November, honoring longstand- by the spirituality of St. Ignatius Award, one of the highest honors Catholic Lawyers Guild presents ing pro bono legal services to of Loyola and the witness of the in the DOJ, for work to combat the St. Thomas More Award each nonprofits. Kessler first assisted Jesuit martyrs of El Salvador and opioid abuse in the Hampton year in honor of the patron saint the Children’s Arts Guild in 2012 their companions. Roads, Va., area. Butler is assis- of lawyers to a distinguished when it was registering to solicit tant attorney general in Major member of the legal community funds for charitable purposes in The Federal Reserve Board Crimes and Emerging Threats for contributing to high ethical multiple states; the Guild helps announced the appointment of Unit and a special assistant U.S. standards and spiritual growth in children transcend limiting expec- Ann Misback (L’83) as Secre- Attorney in the Eastern District the practice of law. tations and develop their authen- tary. The Office of the Secretary of Virginia, Norfolk Division. He tic selves through creativity supports the Board by provid- prosecutes both federal and education. Kessler now provides ing essential corporate secre- state crimes. regular advice about the fundrais- tary services. Misback began ing laws and filing requirements. her career at the board in 1992 Larry Center (L’74) received He and his colleagues also advise as a senior attorney in the Legal the President’s Award from the on the creation and use of an Division’s international section Association for Continuing Legal endowment fund and donor com- and was appointed to the official Education (ACLEA) at the organi- munications for Oliver Scholars, staff in 2000. She has served as zation’s winter meeting in Nash- which works to prepare highly associate director of the Board’s ville, Tenn. The award is given for motivated African-American and Division of Supervision and Reg- career achievements in continu- Latino students for top indepen- ulation since 2013. Misback was ing legal education. Center, the dent high schools and prestigious previously an attorney at Arnold assistant dean of Academic Con- colleges. & Porter. ferences and Continuing Legal Education at Georgetown Law, Joshua D. Shapiro (L’02) was has led the Academic Confer- elected the new attorney general ences and Continuing Legal Edu- of Pennsylvania. He served in the cation department since 1985. state’s House of Representatives from 2005 to 2012 and was also Matthew Karanian (LL.M. ‘01) an attorney at Stradley Ronon. received the Arshile Gorky Medal from Armenia’s Ministry of Dias- James W. Uthmeier (L’14) is pora at a ceremony at the Con- special adviser to the secretary sulate General of Los Angeles of the U.S. Department of Com- last fall. The medal recognizes Robert Lighthizer (C’69, L’73) was merce. He was previously an scholarship, achievement in the nominated by then-President Elect attorney at Jones Day. arts and significant contributions Donald Trump as U.S. Trade Rep- relating to Armenia. Karanian also resentative on January 3; he was Andrea Young (L’79) is the new received Bucknell University’s confirmed by the U.S. Senate and executive director of the Amer- Service to Humanity Award for assumed office in May. Lighthizer, ican Civil Liberties Union of promoting human rights and the a partner in the international trade Georgia, taking the helm of the rule of law in Armenia, the ances- practice in the Washington, D.C., statewide affiliate of the ACLU tral home of his grandparents. office of Skadden, was a deputy January 1. Young is an attorney, His book Historic Armenia After U.S. trade representative with activist and author who has Jami A. Coleman (LL.M.’09) was 100 Years (Stone Garden Press, the rank of ambassador during devoted her career to defending awarded the “Nation’s Best Advo- 2015) was recognized as the best the Reagan administration. He and extending civil and human cate” by the National Bar Associ- independently published history received Georgetown Law’s Paul rights. Most recently an adjunct ation in 2016. She is an attorney book of the year by the Indepen- R. Dean Alumni Award in 2003. professor at the Andrew Young at Viera Williams in Tallahassee. dent Book Publishers Associa- School of Policy Studies at tion. “The book was awarded the Georgia State University, Young gold medal in the trade organiza- Patricia McGuire (L’77), presi- served for many years as the Michael J. Frantz (L’76) received tion’s annual Benjamin Franklin dent of Trinity Washington Univer- executive director of the Andrew the 2016 St. Thomas More Book Awards,” he writes. Kara- sity, was honored by the Ignatian J. Young Foundation where she Award by The Lawyers Guild of nian has served as a professor of Solidarity Network with the worked to preserve and advance the Catholic Diocese of Cleve- international law and associate Robert M. Holstein Faith Doing the legacy of her father — a land. Frantz is a partner at Frantz dean at the American University Justice Award in May at Gonzaga former Atlanta mayor, civil rights Ward in Cleveland, Ohio, where of Armenia. College High School. McGuire he serves as a member of the was honored for her commit- leader, U.S. Congressman and ment to Catholic values of U.S. Ambassador to the United human dignity and social justice. Nations. 96 Georgetown Law FEATURE / A CHANGING WORLD
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